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P David Nelson, AICP John Zepko, CPESC Cayuga County Department of Planning & Economic Development March 28 2018 ---PAGE BREAK--- P In New York State, most lakes and rivers are part of the commons, owned by all and held in trust by the State for the use and good of all. ---PAGE BREAK--- W ---PAGE BREAK--- A • 1960s: Two-pronged threat to nation’s waterways: • Population Growth: Coastline counties grew at nearly twice the rate of non-coastline counties. • Pollution: Well-publicized pollution events such as deadly smog in London and the Cuyahoga River catching fire underscore the need to better manage human- environment interaction. • 1968: “The Tragedy of the Commons” by Garrett Hardin advanced the notion that common, public areas are subject to misuse in the absence of regulation. • April 22, 1970: Growing political pressure culminates with the 1st Earth Day rally. © Bettmann/Corbis.: The Clearwater © Bettmann/Corbis.: Cuyahoga River ---PAGE BREAK--- A • Early 70s: Environmental Regulation takes hold: 1969: National Environmental Policy Act 1970: Environmental Protection Agency 1972: Clean Water Act 1972: Great Lakes Water Quality Agreement 1972: Coastal Zone Management Act 1974: Safe Drinking Water Act ---PAGE BREAK--- A • The Coastal Zone Management Act’s (CZMA) purpose is to “preserve, protect, develop, and where possible, restore or enhance the resources of the nation’s coastal zone for this and succeeding generations,” (including the Great Lakes). • One of the CZMA’s programs seeks to “balance competing land and water issues through state coastal management programs.” • 1982: New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act established the Local Waterfront Revitalization Program (LWRP). COASTAL ZONE MANAGEMENT ACT WATERFRONT REVITALIZATION OF COASTAL AREAS & INLAND WATERWAYS ACT LOCAL WATERFRONT REVITALIZATION PROGRAM ---PAGE BREAK--- L (LWRP) • Administered by: N • Purpose: • “To ensure the protection and best use of New York’s water resources and to promote the revitalization of waterfront communities.” • To maximize the benefits derived from economic development, environmental conservation, and public use of the waterfront, while minimizing any potential conflicts among these objectives. • What is it? • A land and water use plan • The strategy to implement the plan ---PAGE BREAK--- L (LWRP) • Eligibility: M ---PAGE BREAK--- D • Coastal Waterways: • Lake Ontario • Inland Waterways: • Cayuga Lake • Owasco Lake • Skaneateles Lake • Seneca River (Barge Canal) • Re-watered sections of the Erie Canal ---PAGE BREAK--- • Aurelius (Cayuga Lake, Seneca River) • Aurora (Cayuga Lake) • Brutus (Seneca River) • Cato (Seneca River) • Cayuga-V. (Cayuga Lake) • Conquest (Seneca River) • Fair Haven (Lake Ontario) • Fleming (Owasco Lake) • Genoa (Cayuga Lake) • Ledyard (Cayuga Lake)M • Mentz (Seneca River) • Montezuma (Seneca River) • Moravia-T. (Owasco Lake) • Niles (Owasco Lake, Skaneateles Lake) • Owasco (Owasco Lake) • Scipio (Cayuga Lake) • Sempronius (Skaneateles Lake) • Springport (Cayuga Lake) • Sterling (Lake Ontario) • Union Springs (Cayuga Lake) • Venice (Owasco Lake) ---PAGE BREAK--- • Establishes a long-term partnership among local government and the State. • Reflects community consensus and provides clear direction for appropriate future development. • Establishes consistency among actions and objectives at the local, state, and federal level. This “consistency” provision is a strong tool that helps ensure all government levels work in unison to build a stronger economy and healthier environment. • Opens the door (floodgates?) for funding to advance preparation, refinement, and implementation of the adopted LWRP Plan. • Title 11 of the NYS EPF LWRP. • Other sources… B ---PAGE BREAK--- W • Waterfront Revitalization Area (WRA): Define the study area based on what parts of your municipality influence your waterfront and vice versa. Implementation project eligibility is limited to this defined area. • Policy Selection: Based on the DOS list, select and customize the policies that are relevant to your municipality. • Identify Future Projects: Develop an implementation plan w/ potential funding sources. • Coordinate Implementation: Identify actions and programs of other agencies (local, state, federal) that could impact the LWRP and, therefore, must be reviewed for consistency. ---PAGE BREAK--- L Examples • 2 Types of Grants: • • Examples: • Owasco Lake Watershed Management and Local Waterfront Revitalization Plan • Union Springs-Springport LWRP – Planning & Implementation • City of Binghamton LWRP – Planning & Implementation • Warren County – Implementation ---PAGE BREAK--- O • “Serves as a roadmap for protecting the vital natural resources the watershed provides, while balancing the economic development among the watershed’s communities.” • Goals: • Identify and reduce adverse water quality impacts; • Expand environmentally-sound recreational access and tourism; • Continue water quality sampling and monitoring programs; • Identify and respond to emerging issues including invasive species; • Build community awareness of the impact of human activities. ---PAGE BREAK--- O • 87 Strategies sorted into 3 priority categories. • Timing based on priority: 1st year, 2 – 5 years, 5+ years. • High Priority Strategies include: • Expand to 9-Element Plan. • Implement Agricultural BMPs. • Implement recommendations of Manure Mgmt. Working Group Advisory Committee. • Identify and promote measures to reduce use of pesticides. • Maintain septic systems properly. • Improve hydrologic functioning of Owasco Flats. • Continue to offer training to municipalities on issues that can be addressed through local codes. ---PAGE BREAK--- U • Designated Inland Waterway: Cayuga Lake • Cost: $116,000 • Cost share: 50% In-KindT • Rejuvenatet • Capitalizeo • Distinguishf Goals: 1. Encourage younger families to move into the area. 2. Expand local tourism by building on the current successes that exist in the community. 3. Revitalize downtown and public areas to make the community for inviting and walkable. ---PAGE BREAK--- U • 62 Wide-ranging projects identified under 4 categories: • Developed Waterfront: • Promote the development of new businesses such as a full-service pharmacy. • Establish a program that would provide funding to local entrepreneurs to open seasonal businesses in vacant downtown storefronts. • Conduct feasibility study of moving the Village offices out of the old train station building to free it up for economic development. • Conduct feasibility study to restore and redevelop the Howland Stone Mill building. • Develop and adopt development standards for environmentally sensitive areas. • Incorporate design guidelines into the Village’s zoning regs. that limit light trespass in order to protect dark skies for migratory birds. ---PAGE BREAK--- U • Natural Waterfront: • Provide marinas with DEC Aquatic Invasive Species Disposal Stations. • Pursue funding to assist marinas and public boat launches with installing boat washing stations. • Survey and evaluate areas in and adjacent to WRA creeks to identify areas in need of streambank stabilization. • Work with the Finger Lakes Land Trust to identify and secure conservation easement projects in environmentally sensitive areas of the WRA that would preserve natural resources, scenic viewsheds, endangered or threatened species, and provide low impact, limited public access where appropriate. ---PAGE BREAK--- U • Public Waterfront: • Prepare final designs and construction documents for improvements to Frontenac Park in accordance with the new Master Plan. • Coordinate with the school to provide programming at Frontenac Park. • Work with FLLT and the property owners of McDonalds Point to establish a public trails system. • Work with DEC to establish a new State Boat Launch / Fishing Area at the end of a Town firelane that connect NYS Rt. 90 to the lake. • Support the establishment of a birding trail by the Cayuga Lake Scenic Byway Board. ---PAGE BREAK--- U • Working Waterfront: • Conduct a detailed study of the functionality of the Wastewater Treatment Plant. • Conduct a feasibility study to determine the options for separating the combined sanitary sewer and storm water system to minimize potential overflow and flooding from large rain events. • Provide publicly accessible electric vehicle charging stations in Village-owned parking lots. • Work with CCPED to develop a Farmland Protection Suitability Analysis to help guide future development decisions and protect high quality agricultural lands. ---PAGE BREAK--- U • Rapid advance into Implementation Grants! • 2016: LWRP Planning Grant work begins. • 2018: Implementation Grants (in excess of $500,000) set to begin: • Frontenac Park Boat Launch Design and Construction • Land Acquisition for Source Water Protection: Frontenac Park • Streetscape Improvements Feasibility Study ---PAGE BREAK--- C • Designated Inland Waterways: Susquehanna & Chenango Rivers. • Goals: • Themes included Programming, Community Pride, Regional Cooperation, Tourism, Environment, Education, and others. • Increase public access to the waterfront (both physically & visually). • Use the waterfront development as a catalyst for … stimulating retail, commercial, and business development within the central business district core. ---PAGE BREAK--- C • Producing Results: • Enhancements at Confluence Park. © What Is Place Blog: Confluence Park. © City of Binghamton: Confluence Park ---PAGE BREAK--- C • Producing Results: • Downtown Lighting Improvements. • Zoning Ordinance Update. • Complete Chenango River Promenade. © Mapio.net: Chenango River Promenade. © HAAS Landscape Architects: Court Street Green. ---PAGE BREAK--- C • Producing Results: • Court Street Reconstruction. ---PAGE BREAK--- W • Project: Lake George Invasive Species Eradication – Eurasian Watermilfoil. • Award: $600,000. • 3-year strategy using benthic matting, hand harvesting, and staffing of five boat inspection stations. © Lake George Association: Boat Inspection. © Finger Lakes Institute: Benthic Matting. © CCPED: Eurasian Watermilfoil. ---PAGE BREAK--- E Waterfront Revitalization of Coastal Areas and Inland Waterways Act.• ---PAGE BREAK--- E Owasco Inlet • Drinking Source: • Public drinking water source for more than 40,000 people in Cayuga County. • Groundwater resources that provide drinking water for the Village of Groton. • Recreational Resource: Paddling, fishing, & trails throughout the Owasco Flats. • Flood-Prone Area: July 2017 storms caused more than $3.9 million in public infrastructure damages. • Potential for Development: Development and redevelopment pressures along Route 38 corridor. ---PAGE BREAK--- E Owasco River • Recreational Resource: 6-mile Owasco River Greenway Trail linking Downtown and Emerson Park. • Flood-Prone Area: Most recently in Port Byron, January 2018. • Potential for Development: Heavy development and redevelopment pressure in Auburn and northern suburbs. ---PAGE BREAK--- E Sterling Creek & Sterling Valley Creek • Recreational Resource: Several recreational facilities including Fair Haven State Park, Sterling Nature Center, campgrounds. • Potential for Development: Waterfront summer home conversions, Fair Haven. ---PAGE BREAK--- N As always, CCPED is here to help! 1. 2. 3. 4. ---PAGE BREAK--- P New York State Waterfront Revitalization of Coastal Areas and Inland Waterways Act ? A. Long Island Sound B. Lake Erie C. Hudson River D. Canadarago Lake ---PAGE BREAK--- ---PAGE BREAK--- T • Erosion and Sedimentation • Increasing Impervious surface • Loss of vegetation • Untreated Runoff • Aging / poorly placed septic systems © University of Wisconsin Center for Land Use and Education. ---PAGE BREAK--- M ---PAGE BREAK--- I • Lake degradation (Owasco Lake and Inlet currently on NYS List of Impaired Waters (303d) for pathogens and nutrients • Destruction of spawning areas, food sources, and habitat • Toxicity to wildlife • Loss of navigational channels • Impacts to fisheries • Reduction of water storage capability of streams • Impacted Drinking Water • Loss of Tourism ---PAGE BREAK--- P Richardson Hill Road in Sempronius. Auburnpub.com, July 3th 2017, retrieved from http://auburnpub.com/multimedia/galleries/gallery-flooding-damages-roads-in-southern- cayuga-county/collection_99c466cc-2651-53da-8a22-d252ef0c2828.html#1. ---PAGE BREAK--- P Flooding Across Central New York. Syracuse.com.com, July 1th 2017, retrieved from http://www.syracuse.com/weather/index.ssf/2017/07/flooding_slams_parts_of_cny_ag ain_residents_rescued_from_home_roads_closed.html ---PAGE BREAK--- P • Trash and Debris • Sediment • Nutrients (phosphorous, nitrogen) • Bacteria • Volatile Organic Compounds (petroleum products) • Pesticides • Herbicides • Chlorides (road salt) • Trace metals (cadmium, copper, lead, zinc) • Thermal pollution An uncontrolled Construction Site can yield sediment loads of 35 to 45 tons per acre per year ---PAGE BREAK--- P • Pathogenic bacteria • Microcystin • Nausea • Headaches • Upper Respiratory Issues • Duck Itch: Skin Irritation © Auburn Public Citizen: Owasco Lake Algal Bloom. ---PAGE BREAK--- L • Lake and Stream Setbacks & Buffers • Impervious Surface Limitations • Natural Vegetation Requirements • Erosion and Sedimentation practices • Site septic systems as far from water as possible • Store hazardous materials far from water, where spills can’t pollute • Adhere to flood hazard regulations ---PAGE BREAK--- S • Prevent erosion and keep structures on stable ground • Reduce pollutant-carrying runoff entering waterbody through filtering • Maintain habitat for birds and other wildlife • Add to the scenic beauty and aesthetics, which has been shown to increase property values. ---PAGE BREAK--- ---PAGE BREAK--- C • Wisconsin Minimum Standards • Maine vs. Vermont• ---PAGE BREAK--- W • Established in 1968 – 1st in the nation • Minimum 75 foot Setbacks • 35 foot Buffer of Shoreline Vegetation Preservation (30 foot clearance strip allowed for every 100 feet) • Regulations of Septic Systems • Shoreland Zoning extends 1,000 ft from lake shoreline, 300 ft from river or stream. • (2015: State Legislature reverses course, State Standards are now an upper limit or cap) © VacationIdea.com: Shawano Lake. ---PAGE BREAK--- M • Maine has Shoreland Zoning, Vermont does not. • Maine: minimum standards and model ordinance: 25’ 25’ 100 foot vegetated setback 100’ Vegetative buffer point system Paths should meander ---PAGE BREAK--- M Developed Site in Maine: Developed Site in Vermont: ---PAGE BREAK--- M • 2011 VTDEC Study: • Development along Vermont lakes is degrading aquatic habitat, Maine development is not. • Trees are the biggest factor in preserving aquatic health. • Shading of water • Dampening of erosive rain energy • Habitat structure (fallen trees) • Protective cover for fish species • Vermont: 82% of shorelines are in fair or poor condition (58% regionally). ---PAGE BREAK--- T Environmental Protection Overlay Districts (EPOD) EPOD 1 – Stream Corridor, Lakeshore and Floodplain Protection District EPOD 2 –Woodlot Protection District EPOD 3 - Steep Slope Protection ---PAGE BREAK--- T • Includes all areas within 50’ of shoreline (as measured from 714.00 feet above sea level) • Areas within 50’ of waterways; measured from centerline of waterway • 65’ from center line of Dutch Hollow Brook • 50’ from the landward boundary of a Special Flood Hazard Area ---PAGE BREAK--- T • Clearing or filling, dredging, excavating, depositing of natural or man-made materials or constructing on any land area which lies within the Stream Corridor, Lakeshore and Floodplain Protection District boundaries. • The construction or placement of septic tank or septic leach field. • Any activity that would alter the natural flow patterns of a watercourse. • Any activity that would result in soil erosion into or sedimentation within a watercourse and/or Owasco Lake.E • Construction of Ponds • Thinning of Trees & Shrubs, provided at least 60% of the flora remains • Lawn Care, non-commercial gardening, tree and shrub care • Removal of dead or deteriorating vegetation • Removal of structures, maintenance of structures • Repair or maintenance of sewage facilities or utility lines • Customary agricultural activities, except for new or expanded structures • Drilling well for a single family residence ---PAGE BREAK--- T ---PAGE BREAK--- E ---PAGE BREAK--- T “This district is intended to protect water quality, steep and forested slopes, and to conserve the most ecologically important and developmentally restricted lands within the Town of Scipio in their natural state and for land extensive and water-dependent open space uses.” Section 102-1 B, Scipio Zoning Code ---PAGE BREAK--- T Restrictions Minimum Open Space % acre: 85% open •.5-1acre:80% open •.25-.5 acres: 70% open • <.25 acres: 60% open No Structures permitted offshore, other than docks Erosion & Sediment Control ---PAGE BREAK--- Short Term Rentals ---PAGE BREAK--- S • AKA • Vacation Rental • Transient Rental • Resort Dwelling Unit • What are they?: • Generally a residential unit rented for less than 30 days • Owner not necessarily on the premises • Permanent provision for sleeping , eating, cooking, sanitation ---PAGE BREAK--- P • Supplemental Income Promote local tourism ---PAGE BREAK--- N ---PAGE BREAK--- N ---PAGE BREAK--- N • Blurs traditional lines by moving tourists into • residential neighborhoods • increase opportunities for conflict • Is this a commercial use in a residential district? $20 million mansion rented on Airbnb is trashed after 'Wolf of Wall Street'-style bash. INSIDE EDITION, July 7th 2016, retrieved from million-mansion-rented-on-airbnb-is-trashed-after- ---PAGE BREAK--- N ---PAGE BREAK--- I Source: www.Tourcayuga.com, Tourism Facts and Figures Tourism Economics report provided by I Love NY, 2017 ---PAGE BREAK--- I Source: Auburn Citizen, Jan 30 2017• • Revenues used exclusively for tourism promotion and convention development ---PAGE BREAK--- R ---PAGE BREAK--- C ---PAGE BREAK--- A source: AirDNA 27 Active Rentals in 13021 (Auburn) zip code 20 entire homes, 7 individual rooms 52% multiple listing hosts ---PAGE BREAK--- 13 Active Rentals in 13026 (Aurora) zip code 11 entire homes, 2 individual rooms 52% multiple listing hosts source: AirDNA A ---PAGE BREAK--- P ---PAGE BREAK--- E ---PAGE BREAK--- C ---PAGE BREAK--- C ---PAGE BREAK--- T “One or more Dwellings and excluding Bed and Breakfasts, for which rent is received by the Owner, directly or indirectly, in exchange for residential occupation:( “The advertisement of the potential availability (as stated above) of the Dwelling for rent on short-rental websites shall create a presumption that the Dwelling is a Short-Term Rental.” ---PAGE BREAK--- T • Unhosted short terms rentals are prohibited• • Special Use Permits are issued for 1 year. May be renewed for 1-3 yrs (at the PB’s discretion) • Special Use Permits may be revoked. Revoked permits may not reapply for a period of 12 months ---PAGE BREAK--- T ---PAGE BREAK--- T ---PAGE BREAK--- Q David Nelson, AICP [EMAIL REDACTED] (315) 253-1484 John Zepko, CPESC [EMAIL REDACTED] (315) 253-1633 Owasco Lake Watershed Plan Michele Wunderlich [EMAIL REDACTED] (315) 253-1107 Union Springs-Springport LWRP Kari Terwilliger [EMAIL REDACTED] (315) 253-1485