City of North Tonawanda local waterfront revitalization program

[From the U.S. Government Printing Office, www.gpo.gov]

City of North Tonawanda
Local Waterfront Revitalization Program

Adopted:
City of North Tonawanda Common Council February 16, 1988

Approved:
NYS Secretary of State Gail S. Shaffer, April 1, 1988

Concurred:
U.S. Office of Ocean and Coastal Resource Management, September 7, 1988

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STATE OF NEW YORK
DEPARTMENT OF STATE

ALBANY, N.Y. 12231 -0001
GAIL S. SHAFFER
SECRETARY OF STATE
February 28, 1989

Mr. James Burgess, Chief
Coastal Programs Division
Office of Ocean and Coastal
Resource Management
1825 Connecticut Avenue, NW
Washington, DC 20235

Dear Mr. Burgess:,

Enclosed is the City of North Tonawanda Local Waterfront Revitalization
Progr4m (LWRP). The LWRP has been adopted by the municipality and approved
by the New York State Secretary of State. In addition, your office has
concurred on its incorporation into the State's Coastal Management Program
as a routine program implementation action. Copies of this document are
also being transmitted to State agencies, as well as selected federal,
county, and local agencies.

Should you have any questions or concerns regarding this document, feel
free to contact either myself or Charles McCaffrey of this office at
(518) 474-9201.

Sincerely,
61

George R. Stafford
Director
Division of Coastal Resource
and Waterfront Revitalization

GRS:gn

Enclosure
L

City of North Tonawanda
Local Waterfront Revitalization Program

U.S. DEPARTMENT OF COMMERCE NOAA
COASTAL CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413

Property of CSC Library

Adopted:
City of North Tonawanda Common Council, February 16, 1988

Approved:
NYS Secretary of State Gail S. Shaffer, April 1, 1988
Concurred:
U.S. Office of Ocean and Coastal Resource Management, September 7, 1988

This Local Waterfront Revitalization Program
has been adopted and approved in accordance
with the provisions of the Waterfront
Revitalization and Coastal Resources Act of
1981 (Executive Law, Article 42) and its
implementing regulations (6 NYCRR 601).
Federal concurrence on the incorporation of
this Local Waterfront Revitalization Program
into the New York State Coastal Management
Program as a Routine Program Implementation
has been obtained in accordance with the
provisions of the U.S. Coastal Zone
Management Act of 1972 (P.L. 92-583), as
amended, and its implementing regulations
(15 CFR 923).

The preparation of this program was
financially aided by a federal grant from
the U.S. Department of Commerce, National
Oceanic and Atmospheric Administration,
Office of Ocean and Coastal Resource
Management, under the Coastal Zone
Management Act of 1972, as amended.
Federal Grant No. NA-82-AA-D-CZ068.

The New York State Coastal Management
Program and the preparation of Local
Waterfront Revitalization Programs are
administered by the New York State
Department of State, Division of Coastal
Resources and Waterfront Revitalization,
162 Washington Avenue, New York 12231.

A 4
4

STATE OF NEW YORK
DEPARTMENT OF STATE

ALBANY. N.Y. 12231 -0001
GAIL S. SHAFFER
SECRETARY OF STATE April 1, 19eP

Honorable Eli--abeth C. Hoffman
Mayor
City of 1.1orth Tonawanda
City Hall
216 Payne Avenue
North Tonawanda, New York 14120

Mayor Hoffman:

It is with great pleasure that I inform you that, pursuant to the Waterfront
Revitalization and Coastal Resources Act, I have approved the City of North
Tonawanda Is Local Waterfront Revitalization Program (LWRP). The City is to
be commended for its thoughtful and energetic response to opportunities
presented along its waterfront.

I will notify State agencies shortly that I have approved the City Is LWRP and
will provide them a list of their activities which must be undertakeen in a
manner consistent to the maximum extent practicable with the North Tonawanda
L11PP.

Again, I would like to co=end the City of *North Tcnawanda on its efforts to
develop the LWRP and look forward to working with you in the years to come as
you endeavcr to revitalize yr,%Lr waterfront.

Sincerely,

Gail S. Shaffer
GSS:lc

01 OF C0.
.r V- '-,@
a U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Qf NATIONAL OCEAN SERVICE
14"s 0* Office of Ocean and Coastal
Resource Manageimnt (OM)
Washington, D.C. 20235

7 SEP 1988

George Stafford
Director
Division of Coastal Resources
and Waterfront Revitalization
Department of State
162 Washington Street
Albany, N.Y. 12231

Dear Mr. Stafford:

The Office of Ocean and Coastal Resource Management concurs with
your request to incorporate the City of North Tonawanda Local
Waterfront Revitalization Program (LWRP) into the New York State
Coastal Management Program as a routine program implementation
change. We received five comments from Federal agencies, none
objecting to incorporating the LWRP as a routine program
implementation. This approval assumes you will make no further
changes to the document in addition to the ones submitted.

In accordance with the Coastal Management Regulations, 15 CFR
923.84, Federal Consistency will apply to the City of North
Tonawanda LWRP after you publish notice of our approval.

Sincerely,

,---,James P. Blizzard
Deputy Director

75 Years Stimulating America's Progress 1913-1988

DEPARTMENT OF STATE
COASTAL PROGRAMS
City of North Tonawanda APR 04 1988
OFFICE OF THE MAYOR
CITY HALL RECEIVED
216 PAYNE AVENUE
NORTH TONAWANDA, N.Y. 14120

ELIZABETH C. HOFFMAN Telephone
695-8540

March 29, 1988

The Honorable Gail S. Shaffer
Secretary of State
162 Washington Avenue
Albany, New York 12231

Re: City of North Tonawanda
Local Waterfront Revitalization Program [LWRP]

Dear Secretary Shaffer:

On behalf of the City of North Tonawanda, I am pleased to send
you the following LWRP documents:
[1] A certified copy of the Common Council resolution,
passed on February 16, 1988, accepting the Finding
Statement under the State Environmental Quality
Review Act;
[2] The Local Consistency Law, Local Law 1 for 1988;
[3] A certification from the City Clerk that Mayor
Elizabeth C. Hoffman approved the Consistency Law;
[4] A certified copy of the Common Council resolution,
passed on February 16, 1988, amending the Zoning
Ordinance to create a Waterfront District, and
[5] A certified copy of the Common Council resolution,
passed on February 16, 1988, adopting the LWRP and
authorizing Mayor Elizabeth C. Hoffman to transmit
the LWRP to you, requesting approval of the Program.

The members of the Common Council and I want to thank Paula
Ford, who assisted the City in initiating its LWRP, and Kevin
Millington, who worked closely with Michele Tow throughout the devel-
opment and review of the LWRP. Their assistance was very much appre-
ciated by the City and Stuart I. Brown Associates.

The Hon. Gail S. Shaffer
March 29, 1988
Page 2

The City looks forward to working on a continuing basis with
representatives of the Coastal Management Program to improve our
waterfront area.

Sincerely,

El abeth C. Hoffman
Mayor

ECH/saw
Encls: 5
C/no, encls: Duane Sledzinski
David Sandel
Mark Narowski
C/w encls: Jeffrey Mis
Jeffrey Gosch
Stuart Brown
Michele Tow
File

City of North Tonawanda
OFF1CE OF THE CITY CLERK
CITY HALL
216 PAYNE AVENUE
NORTH TONAWANDA. N.Y. 14120
GEORGE D. MAZIARZ TELEPHONE
CITY CLERK (716) 695-8555

February 23, 1988

To Whom It May Concern:

Please be advised that at the regular session of the Common
Council of the City of North Tonawanda, held on the 16th day
of February, 1988, the following resolution was duly adopted:

"MOVED by Alderman Jaccarino SECONDED by Alderman Narowski
RESOLVED, that the Common Council hereby adopts the Local
waterfront Revitalization Program (LWRP) and authorizes Mayor
Elizabeth C. Hoffman to transmit the LWRP to the New York State
Secretary of State, requesting her approval pursuant to Article 42
of New York State Executive Law.
Ayes: Narowski, Hood, Jaccarino, Sledzinski (4)
Nays: None (0)
CARRIED."

Very truly yours,

George D. Maziarz
City Clerk

GDM:jse

CITY OF
NORTH TONAWANDA

LOCAL WATERFRONT
REVITALIZATION
PROGRAM

Prepared for the City of North Tonawanda

Stuart I. Brown Associates

CITY OF NORTH TONAWANDA

LOCAL WATERFRONT REVITALIZATION PROGRAM

This document was prepared for the New York State Department of State
Coastal Management Program with financial assistance from the Office of
Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration, provided under the Coastal Zone Management Act of 1972, as
amended.

April, 1988

NA-82-AA-D-CZ068

TABLE OF CONTENTS

Section Title Page No.

List of Appendices
List of Figures

WATERFRONT REVITALIZATION AREA BOUNDARY 1-1 - 1-7

INVENTORY AND ANALYSIS

- Regional Setting and Community
Characteristics 11-3

- Historic Setting 11-13

- Methodology for Understanding the 11-14
Inventory and Analysis

- Coastal Zone - General Features 11-16

- Land Use 11-23

- Inventory of Major Parcels 11-34

- Zoning 11-35

- Land Ownership 11-47

- Vacancv Analysis 11-47

- Environmental Conditions 11-47

- Utility Service 11-71

- Circulation and Access 11-71

- Major Recent and Proposed Waterfront 11-77
Improvements

- Overview of Previous Land Use Documents 11-85

- Overview of Marketing Factors 11-87

- Summary 11-95

TABLE OF CONTENTS

Section Title Page No.

III WATERFRONT REVITALIZALIZATION PROGRAM POLICIES

- Development Policies 111-3

- Fishing and Wildlife Policies 111-7

- Flooding Policies 111-9

- Public Access Policies 111-12

- Recreation Policies 111-17

- Historic and Scenic Resources Policies 111-20

- Agricultural Lands Policies 111-23

- Energy and Ice Management Policies 111-23

- Water and Air Resources Policies 111-24

IV PROPOSED USES AND PROJECTS

- Introduction IV-3

- Proposed Land Uses IV-3

- Proposed Water Uses IV-19

V TECHNIQUES FOR LOCAL IMPLEMENITATION OF
THE PROGR,*1

- Local Laws and Regulations Necessary to V-3
Implement the LWRP

- Other Public and Private Actions V-12
Necessary to Implement the LW`RP

- Management Structure Necessary to V-38
Implement the LWRP

- Financial Resources Necessary to V-39
Implement the LWRP -

V1 STATE AND FEDERAL ACTIONS AND PROGRAMS LIKELY
TO AFFECT IMPLEMENTATION

- State and Federal Actions and Programs which should VI-4
be Undertaken in a Manner Consistent with the LWRP

- Federal and State Programs Necessary to VI-24
Further the LWRP

TABLE OF CONTENTS

Section Title Page No.

VII CONSULTATION WITH OTHER AFFECTED 'FEDERAL*
STATE, REGIONAL AND LOCAL AGENCIES

- Description of Consultation Activities VII-3

- Conflict Resolution Methods VII-6

VIII ACTIVITIES TO SECURE LOCAL COMMITMENT

- Introduction VIII-3

- Procedures VIII-3

Appendices

A Results of Local Waterfront Revitalization Program Survey

B Waterfront Zoning District

C LWRP Consistency Law

D Procedures for Coordinating State and Federal Consistency
Determinations

LIST OF FIGURES

Number Title Page No.

1A Waterfront Boundary 1-5

1B Waterfront Boundary (Barge Canal East 1-7
Sub-Area)

2 Regional Setting 11-5

3 Population in North Tonawanda, Niagara 11-7
County and Erie Courty

4 Unemployment Rates for the U.S., Niagara 11-9
County and Erie County

5 Labor Force Status in 1979, City of North 11-11
Tonawanda

6A Sub-Areas 11-17

6B Sub-Areas (Barge Canal East Sub-Area) 11-19

7 Neighborhood Demographics 11-21

8 Land Use on the Waterfront by Sub-Area 11-25
(Percentage)

9A Land Use 11-27

9B Land Use (Barge Canal East Sub Area) 11-29

10A Major Waterfront Parcels 11-37

10B Major Waterfront Parcels (Barge Canal East 11-39
Sub-Area)

11 Ma4or Waterfront Parcels - Kev Features 11-41

12A Potential for Land Use Change on Major 11-49
Parcels

12B Potential for Land Use Change on Major 11-51
Parcels (Barge Canal East Sub-Area)

13A Existing Zoning 11-53

13B Existing Zoning (Barge Canal East 11-55
Sub-Area)

14 Land Ownership by Sub-Area (Percent) 11-57

LIST OF FIGURES

Number Title Page No.

15A Vacant Land Parcels 11-61

15B Vacant Land Parcels (Barge Canal East 11-63
Sub-Area)

16 Environmental Conditions 11-65

17 Environmental Conditions 11-73

18A Major Recent and Planned Improvements 11-79

i8B Ma]cr Recent and Planned Tmprovenents TI-83
(Barge Canal East Sub-Area)

19 Housing Demand Projection - Niagara 11-93
County

20A Proposed Land Use - Projects IV-5

20B Proposed Land Use - Projects (Barge IV-7
Canal East Sub-Area)

21A Proposed Land Use Concept IV-9

21B Proposed Land Use Concept (Barge Canal IV-11
East Sub-Area)

22A Proposed Zoning V-7

22B Proposed Zoning (Barge Canal East Sub- V-9
Area)

23 Implementation Blueprint V-13

24 Policy Implementation - Local Actions V-23

SECTION I

WATERFRONT REVITALIZATION AREA BOUNDARY
0,

WATERFRONT REVITALIZATION AREA (WRA)
BOUNDARY

Beginning at the intersection of the City of North Tonawanda/Town of
Wheatfield municipal boundary and eastern right-of-way of River Road, the
WRA proceeds south along the eastern right-of-way of River Road to the
center line of Island Street; then east along the center line of Island
Street to a point 100 feet east of the eastern right-of-way of Main Street;
then south along a line 100 feet east of, and parallel to, the eastern
right-of-way of Main Street to a point 100 feet north of the northern
right-of-way of Sweeney Street; then east along a line 100 feet north of,
and parallel to, the northern right-of-way of Sweeney Street to a point
opposite the northern limits of the City's Botanical Gardens; then east
to, and along, the northern limits of Botanical Gardens to the City's
municipal boundary with Erie County within the Barge Canal; then south and
west along the City's municipal boundary within the Barge Canal to the
City's municipal boundary within the Niagara River; then north and
northwest along the City's municipal boundary with the Town of Grand Island
within the Niagara River to the Town of Wheatfield municipal boundary, then
north along the City of North Tonawanda/Town of Wheatfield boundary to the
point of origin.

See Figure 1 for a graphic display of the WRA.

1-3

Q
CC
Z.
0 1
M Warne. I Ave.1 Legend

Original Coastal Zone
Expanded Coastal Zone

NIAGARA

CIL.

\,,pne

C
M
M

z., e -
3: epr@ ev

City of Tonawanda
city of North Tonawanda
Local Waterfront Revitalization Program
Figure IA: WATERFRONT N
BOUNDARY

CM
Stuart I. Brown Associates

Legencl Town of
Wheatfield

=Original Coastal Zone
Expanded Coastal Zone

L East Robinson St.

A
Z
ez"',

Town
City of Tonawanda Of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figure IB: WATERFRONT N
BOUNDARY

Stuart 1. Brown Associates

:. 'o

SECTION 11

INVENTORY AND ANALYSIS
0

A. REGIONAL SETTING AND CO',1LNfUNI7Y CHARACTERISTICS

The City of North Tonawanda is located in the southwest corner of
Niagara County approximately three miles south of the City of Niagara
Falls and seven miles north of the City of Buffalo. It is within the
Buffalo Standard Metropolitan Statistical Area and had a 1980
population of 35,760 according to the United States Bureau of Census.
The Bureau has also estimated that the City's 1984 population dropped
to 35,216, representing a 2 percent decrease since 1980. Figure 2
reflects a graphic description of the City's location within the
region.

As illustrated in Figure 2, the City is strategically located along
both the East Channel of the Niagara River and the Barge Canal, the
latter being part of the Erie Canal in the 1800's. This location
fostered population and industrial growth outward from the confluence
of the two water bodies irto the approximately 10.6 square mile area
which comprises the City. A unique feature of the community is the
large amount of undeveloped land in outlying areas. An examination of
aerial photographs and field surveys indicates that approximately 20
percent of the City's land area has not yet been developed into an
urban or suburban area. This characteristic is not common to other
cities in the Erie-Niagara Region.

Although North Tonawanda has land available to accommodate growth, the
dynamics of a declining birth rate and a depressed local economy have
caused a slight decrease in population within the community. Figure 3
compares the rate of population growth and change in the City with Erie
County and Niagara County.

As Figure 3 clearly shows, the City grew at a rapid rate in the 1940's
and 50's, mirroring the population surge attributed to the baby bocn
and manufacturing expansion during this period throughout the
Northeast. In fact, the City outpaced the growth of Niagara County and
Erie County. As heavy industry declined along with the birth rate,
however, North Tonawanda has experienced ' a slight loss of population
since 1970. Population projections anticipate a stabilization of the
population in the City and the rest of the region by the Year 2000.

North Tonawanda has been experiencing a severe unemployment problem
since the mid-1970's. Figure 4 shows the unemployment rate in ten-year
intervals since 1950 for Niagara County, Erie County and the United
States. Figure 5 reflects the labor force status in 1979 within the
City. The data clearly reflect the incidence of major economic
problems within the City. The 1980 federal census data was recored
4e-Liagara
during the first year of a three-year period wherein the Er N
Region lost 22 percent of its manufacturing jobs and eight percent of
its total jobs. Between March 1984 and February 1985, Niagara County's
average unemployment rate was 45 percent higher than the Statewide
figure. (3)

11-3

LAKE ONTARIO

@) LOCKPORT 63 is
NIAGARA FALLS [N. Tonawanda

BATAVIA

BUFFALO DEPEW

16
98 39

ARCAOE

SPRINGVILLE
243

60 62

16
BELMONT

OLEAN WELLSVILLE

JAMESTOWN

N.Y.
FA

City of North Tonawanda
Local Waterfront Revitalization Program

Figure 2: REGIONAL SETTING N

Stuart 1. Brown Associates

NORTH NIAGARA ERIE
YEAR TONAWANDA COUNTY COUNTY

1940 20,254 160,110 798,377

1950 24,731(+22%) 189,992(+19Z) 899,237(+13t)

1960 34,757(+40.5%) 242,269(+27%) 1,064,688(+18Z)

1970 36,012(+3.6Z) 235,720(-2.7Z) 1,113,491(+4.6Z)

1980 35,760(-.6") 227,354(-3.5%) 1,015,472(-8.8%)

1990 34,500(-3.5%) 217,257(-4.4Z) 983,773(-3%)

2000 35,400(+37.) 221,589(+2%) 987,749(+.4%)

Figure 3: Population in North Tonawanda, Niagara
1,2
County and Erie County

Uni ted Erie Niagara Erie-Niagara
Sta tes County County Region

1'950 5.2 5.8

1960 5.4 6.7 6.5

1970 4.8 4.7 5.4

1980 7.0 9.5 9.7

1984 7.4 8.7 9.5

November
1985 7.0 6.7 8.6

Figure 4: Unemployment Rates for the U.S.

Niagara County and Erie County

Source: New York State Labor Department, U.S. Census (1950-1984)

Males* Females* Total

Total 10,715 7,717 18,432

Worked in 1979 10,540 7,481 18,021

50 to 52 weeks 7,350 3,943 11,293

40 to 49 weeks 1,215 1,268 2,483

1 to 39 weeks 1,975 2,270 4,245

With unemployment in 1979 2,095 1,707 3,302

Mean weeks of unemployment 16.5 14.4 15.6 (average)

Total with unemployment: 3,802

Percent of total work force
experiencing unemployment: 20.6 percent
(3,802 out of 18,432 people)

People employed 15 or more weeks: 1,537

*Includes persons 16 years and older in the labor force.

Figure 5: Labor Force Status in 1979,

City of North Tonawanda

SOURCE: 1980 Census - Neighborhood Statistics

Program and 1980 Census of Population

and Housing - Table P-10

The shutdown of two waterfront' industries in North Tonawanda in the
mid-1970's was a key contributor to the economic problems facing the
community. These were International Paper and Tonawanda Iron and
Steel, which together once employeed more than 600 people. In
addition, cutbacks in nearby chemical, auto and steel plants have
affected a high percentage of the North Tonawanda work force.

In summary, North Tonawanda has experienced a slight population loss,
as well as severe unemployment. Niagara County's jobless rate is 22
percent higher than the national average. It should be stressed,
however, that populaticn and employment indicators point toward a
stabilization of these trends in the near future. The City's
waterfront location provides a good opportunity to initiate efforts
which can assist in gaining long term economic stability for the
community. Waterfront development and people-oriented activities at
the water's edge will benefit service-oriented businesses which must
play a prominent role in the area's recovery. Furthermore, efforts to
increase sport fishing can result in further economic spin-off benefits
to area retail concerns, restaurants, and marine businesses. A
comprehensive and targeted local waterfront program can serve as a
valuable element in the overall economic recovery of the City.

B. HISTORIC SETTING

As previously noted, the City of North Tonawanda grew outward from the
downtown area, located adjacent to the confluence of the Niagara River
and the Barge Canal. The earliest record of human habitation in what
is now North Tonawanda identifies a tribe of Neuter Indians believed to
have settled on Tonawanda Island. An Indian burial mound was
discovered on the southeast tip of the Island and ivluded implements
unlike any attributable to recorded races of Indians. The Iroquois,
Seneca and Tuscarora nations followed the pre-historic Neuter tribe as
users of the land within North Tonawanda. There are no records of any
Indian settlements within the area due to the large swamp which
extended from the present City line to the junction of Ellicott and
'Lonawanda Creeks and as far inland as the east boundary of the Conrail
right of way. The area was extremely valuable as a hunting and fishing
ground, however. D

At the time of the Erie Canal construction in 1823, the area now known
as North Tonawanda included only a bridge across Tonawanda Creek, a few
houses, and two small stores. It was hoped that the Canal would
promote growth and bring development to the area and, in fact, three
local entrepreneurs bought land and laid out Niagara Village in
anticipation o f a boom town environment. Unfortunately, the
expectations of George Goundry and James and John Sweeney proved false
and their newly-creaced company failed. For a time, the area was
deserted even though the Canal was open and functioning.

The North Tonawanda area was originally part of the Town of Tonawanda,
along with the Village of Kenmore, City of Tonawanda and Town of Grand
Island, dating back to 1836. In 1854 the Twin Cities broke a 9 ay from
the Town and were incorporated as the Village of Tonawanda. North
Tonawanda was formally incorporated as a City having its present
boundaries in 1897.

11-13

Although the City's strategic' location along the Erie Canal did not
provide immediate economic benefits to the area, it eventually was the
major reason that the Twin Cities area prospered as a lumber center in
the late 1800's. The proximity of the valuable white oak trees on
Grand Island combined with the transportation access afforded by the
Erie Canal to give North Tonawanda the seed for a booming lumber
cutting and water transport center. Once the white oaks were depleted
on the Island, logs were floated by raft to the City from the Upper
Great Lakes. The boom lumber period lasted approximately 20 years and
peaked during the 1890's when North Tonawanda surpassed Chicago as the
nation's major lumber milling center. During this period barge
traffic was heavy and most residents in the City worked in the lumber
milling industry and resulted in a time of rapid growth. North
Tonawanda's waterfront was dotted with lumber stacks and finger piers
extending into the Niagara River to accommodate the large amount of
commercial boat traffic.

Although the late 1800's represented the heyday of the City's use of
its waterfront for commercial purposes, various industries developed in
the 1900's which continued to rely on the community's shoreline
location. Such industries included Tonawanda Iron and Steel along the
Niagara River, as well as International Paper located on Tonawanda
Island. Both companies used the River for water transport.
Ironically, the two firms have recently shut down, thereby eliminating
the City's last waterfront industries.

The waterfront has played a very significant role in North Tonawanda's
history ranging from the name To awanda itself, which is an Indian word
meaning "swift running water," to the major lumber trade in the
1800's. With the recent 'Closing of International Paper and Tonawanda
Iron and Steel, the major waterfront users are now recreational boating
concerns. This reflects a common trend in older, urban municipalities
in Erie and Niagara Countries where efforts are being made to promote
former industrial areas as new locations for the expanding recreational
boating and fishing industry. These initiatives are seen as having
valuable economic spin-off benefits to area businesses which can
complement other City revitalization efforts. Furthermore,
transforming former industrial land into a pleasant urban environment
can also enhance a community's image in the eyes of both visitors and
City residents.

The City of North Tonawanda, therefore, is at the initial stages of a
new type of shoreline development. If managed properly, the
waterfront recreational industry can contribute substantially to the
economic revitalization of the community.

C. METHODOLOGY FOR UNDERTAKING THE INVENTORY AND ANALYSIS

The purpose of the inventory and analysis element is to identify
opportunities, as well as opportunities and constraints to waterfront
development. It is also intended to define certain natural features
which should be preserved as part of the management program developed
by the City.

11-14

In order to best' review shoreline conditions, the waterfront has been
divided into five sub-areas: the Niagara River, Tonawanda Island,
Downtown, Barge Canal-West and Barge Canal-East. The specific sub-area
boundaries are defined in Sub-section II-D. A focused analysis of each
sub-area will permit a thorough examination of the characteristics
unique to each and also allow for a recognition of the various
waterfront conditions in the City. (See Figure 6.)

North Tonawanda's waterfront borders not only the Niagara River, but
the Little River and Barge Canal, as well. The development pattern,
adjacent neighborhood features, and overall community desires differ
depending on which water body a specific area borders, which further
justifies the sub-area approach to analysis.

The waterfront area, as defined in Section I, is narrow. In some
instances, it has been necessary to include a wider study area to
ensure that all possible factors which might influence waterfront
development are addressed. For example, the demographic
characteristics of adjacent neighborhoods and land use patterns have
been examined to better determine recreational needs, development
pressures, and potential uses for waterfront property. A specif ic
delineation of the study area, as opposed to the waterfront area has
not been defined. In cases where the study area extends beyond the
waterfront area, the area will be defined within the text.

A wide range of information has been collected in the inventory phase,
including the following:

- Environmental Factors
- Land Use
- Neighborhood Demographics
- Circulation Patterns
- Public Service Capacity
- Major Waterfront Land Parcels
- Vacant Waterfront Parcels
- Public Land Ownership Patterns
- Recent and Proposed Capital Improvements

As noted earlier, a thorough analysis of these factors within each
sub-area will permit an understanding of those opportunities and
constraints present in the waterfront area. It should be stressed,
however, that the technical analysis has been strongly complemented by
information received from City officials, as well as local residents,
through both public meetings and a survey questionnaire. (Appendix I
to this report includes the waterfront survey.)

Finally, information gathered in this section will assist in
formulating shoreline policies. The data will not only determine
policy direction, but also will provide background material for
preparing those guidelines necessary to review waterfront actions for
consistency with the policies.

11-15

D. COASTAL ZONE - GENERAL FEATURES

The North Tonawanda waterfront area is approximately 9 miles long and
contains over 548 acres. As noted above, the waterfront has been
divided into five sub-areas. The following narrative defines the
boundaries of each and includes demographic information applicable to
the City neighborhoods of which the particular sub-area is a part.
(Reference should be made to Figure 6 for a graphic description of the
sub-area locations.)

1. NIAGARA RIVER: This area extends from the Town of Wheatfield-City of
North Tonawanda municipal boundary south to the Barge Canal along an
imaginary line east of River Road. It does not include Tonawanda
Island. The sub-area contains approximately 3.2 miles of shoreline and
encompasses 183 acres. As defined by 1980 Neighborhood Statistics
Program (NSP) census data for North Tonawanda (dated October 6, 1982),
the Niagara River sub-area extends through portions of five
neighborhoods.

Although most of the waterfront area is non-residential, the land
immediately east of the Conrail tracks includes large residential
concentrations. The northern area above Ninth Avenue has approximately
2,800 residents. Most of the homes are owner-occupied and in sound
condition. The residents have income levels somewhat below the City
average. The remaining area has approximately 2,300 residents and a
very old housing stock. High unemployment and income levels below the
City average are evident in that portion of the City.

It should be noted that some of neighborhood 8 overlaps with Tonawanda
Island, Downtown and Barge Canal-West sub-areas. Reference should be
made to Figure 7 for a numerical tabulation of socio-economic and
housing conditions in the neighborhoods which overrlap the waterfront
zone.

2. TONAWANDA ISLAND: This includes the entire island as depicted on
Figure 6. It contains 1.8 miles of shoreline and encompasses
approximately 95 acres. The Island is separated from the mainland by
the Little River, having a width of approximately 650 feet. Adjacent
neighborhood characteristics are not applicable to this sub-area due to
the physical separation of the Island from the mainland and its
distance from the nearest major residential concentration. There are
no housing units on Tonawanda Island.

3. DOWNTCWN : This sub-area is bounded by Island Street on the north, Main
Street to the east, the Barge Canal on the south and River Road to the
west. It encompasses the downtown area as defined in the City's
recently approved Fiscal 1985 HUD Small Cities Comprehensive Downtown
Community Development Block Grant Program. The shoreline extends 0.21
miles along the Barge Canal and encompasses approximately 29 acres.
Very little housing exists within the downtown area, however the number
of housing units does increase i=ediately north and northeast

11-16

0
warnel t Ave I Legend

Niagara River
2 Tonawanda Island
3 Downtown
4 Bar e Canal West
9

NIAGARA

RIVER

City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figure 6A: SUB-AREAS N

Stuart 1. Srown Associates

Legend 4, Town of
5 Barge Canal East Wheatfield

ast Robinson Ct.

City of Tonawanda Town Of Tonawanda Z

City of North Tonawanda

Local Waterfront Revitalization Program
Figure 6 B: SUB -AREAS N
A6

Stuart 1. Brown Associates

Estimated
Percent Percent
of Land In Percent Percent. of Houses Percent in Percent of
Household Hedian Residential Owner Vacancy Built 1939 Samc- D/U Labor Force Unemployed
Neighborhood Size Income Population Use Occupied Rate or Farlier Since 1975 in 1979

1. N-1 2.93 17,394 2,003 55 77.0 3 .05 72 7.3
2. W-2 2.98 14.415 1,123 55 71.6 6- 64 63 3.3
3. M-4 2.63 15,307 1,164 60 70.4 4 46 69 8.4
4. N-5 2.66 14,865 1,236 45 58.4 2 89 56 11.9
5. N-8 1.91 9.033 1,041 45 25.2 11 57 33 11.0
6. N-12 2.56 14,773 1.006 70 46.9 5 80 53 13.4
7. H-13 2.38 15.769 1.031 70 47.6 2 82 51 8.0
8. N-24 2.18 3,215 1.86B 60 21.0 2 6 41 9.2
9. H-25 3.11 20,357 1,168 20 92.8 2 11 63 16.3
10. M-26 3.15 22,695 1,149 35 95.0 1 4 72 4.1

City Totals 2.77 17.599 35,760 45 69.4 3 38 61 8.5

Figure 7: Neighborhood Demographics

Source: 1. Neighborhood Statistical Program, City of North Tonawanda,
United States Census Bureau - 10/6/82

2. Aerial Photographs 1972

of the central business district. There is a high cc-centration of low
and moderate income households in this area. The percent of
owner-occupied units is below the City average, th, housing stock is
very old, and the unemployment levels are above the Cizy average.

4. BARGE CANAL-WEST: This sub-area is bounded by Main Street on the west,
the Barge Canal to the south, Twin Cities Memorial Highway (Route 429)
on the east and the north boundary is an imaginary line 100 feet north
of the northern right of way of Sweeney Street. It contains
approximately 26 acres and extends .76 miles along the Barge Canal.
The sub-area is part of three neighborhoods which are characterized by
older housing units, a high percentage of lower income households, and
generally high unemployment levels when ccmpared to the City average.

5. BARGE CANAL-EAST: The southern and eastern boundaries are formed by
the Barge Canal as it meanders in a southwesterly direction from the
Town of Pendlecon line. The northern and western boundaries are formed
by an imaginary line 100 feet inland from Sweeney Street. The northern
terminus of the sub-area is the City of North Tonawanda Botanical
Gardens. Barge Canal-East encompasses 215� acres and 2.5 miles of the
Barge Canal shoreline. It is included within three City neighborhoods
having a combined population of 4,175. In the extreme northern sector
approximately 80 percent of the land within neighborhoods 025 and 026
is vacant. Housing conditions are very good, household sizes are
larger than the City average, reflecting the concentrations of families
in this area, and the homes are newer than the City average, as well.
The neighborhoods are stable with a small elderly population and a
correspondingly higher number of persons 15 and under.

The southwestern sector of this sub-area is characterized by a lower
household size, more densely populated residential areas, and a very
low percentage of owner occupied housing units. Many of these
characteris tics can be explained by the existence of a 1-00 unit State
assisted municipal housing complex and 50 unit elderly development
managed by the North Tonawanda Housing Authority.

E. LAND USE

Figure 8 provides a tabular summary of the major land uses within each
sub-area while Figure 9 provides a graphic description. The foil-owing
narrative surrmarizes the key land use chiracteristics of the North
Tonawanda waterfront area by sub-area;

1. NIAGARA RIVER: Historically, the Niagara River sub-area developed
as an industrial corridor, primarily because of trarsportaticn
advantages offered by the River and nearby rail connections. Over
the past ten to fifteen years, the predominance of industry has
largely been replaced by vacant land, as well as water-oriented
commercial and governmental uses.

11 - 23

m 0 Q m I r? 0 rV 0
PI m 01- m CMI
7r I.- Q m tu
(A (A I...
-t 03 cr rr
0

Cr (A

Sub-Area

Niagara River 1 11 2 9 14 22 3 38 0 100%

Tonawanda lsla:-.d 0 40 0 12 0 8 3 34 3 100-1.

Downtown 0 1.4 52 0 3 31 0 0 0 100%

Barge Canal-West 23 3 19 0 5 33 1 15 1 100%
Barge Canal-East 48 0 0 0 28 11 1 12 0 1001*1

Total Area 15 13 14 5 10 20 2 19 2 100Z

Figure 8: Land Use on the Waterfront

By Sub-Area (percentages)

C Warneii i Ave i Legencl
3:
E
(Urban)
Re.sidential

Commercial

Recreation

Boat in g/ Marina

Light industry
NIAGARA
Heavy industry
,-'RIVER
M/X Hospital

Sewage Treatment

Water Treatment/ Pumping

Public
-Other

:a, Vacant

Vista

\Ny%e3 ;>
J\
W

c
rn

City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figure SA: LANO USE N

Stuart 1. Brown Associates

Legencl 44V# Town of

Wheatfield
Residential (Urban/Rural)

Recreation

Boating/ Marina

Vacant

Vista

East Rcbinson

city of Tonawanda Town Of Tonawanda Z

City of North Tonawanda

Local Waterfront Revitalization Program

Figure SEI: LAND USE N

Stuart 1. Brown Associates

The central area features the Niagara River Yacht Club, which
leases 5 acres from the City; the 5 acre site of the former Kippers
Plant, which closed in 1985 (but has since been purchased for an
undefined use); Citywowned Fisherman's Park; the vacant Ashland
Oil tank farm; City of North Tonawanda Sewage Treatment Plant; City
of Lockport water intake pumping station; and a large Z5 acre
vacant parcel formerly occupied by Tonawanda Iron and Steel. The
City of Lockport raw water intake is located offshore from this
central area, as well.

Fisherman's Park contains approximately 4 acres and includes
facilities for on-shore fishing, including a covered fishing
pavilion. The shoreline at the Park is broken bv former lumber
dock slips which provide 4n excellent cover for fish. Facilities
within the Park , need upgrading and expansion. Potential
improvements . include the installation of picnic futniture,
rest-rooms, an boat dock facilities. Dredging of the inlets will
make the area more attractive for boaters.

Marinas, water-enhanced restaurants, and boatyards dominate the
southern area. Smith Boys Marina contains 170 slips and offers
related boat servicing facilities. Bow and Stern Marina is located
just north of Smith Boys on the Little River and accommodates 80
slips. At the extreme southern tip of the sub-area, where the
Little River merges*with the Barge Canal, is Wardell's Boatyard,
situated on a 2.5 acre parcel, which provides boat repair, storage
and other related services.

In suirmary, approximately 26 percent of the land uses are
water-dependent or water-enhanced within the Niagara River
sub-area. This is a relatively high percentage in comparison to
other Niagara River communities in the Buffalo area. The, shoreline
has developed within the framework of an industrial zoning
classification that has not differentiated , the area from any
similar manufacturing districts in the City. This has caused a
variety of =ixed co=ercial/industrial uses along all of River Road
with few attempts at buffering unattractive views by property
owners. As interstate 190 is a maior north-south highwav between
Buffalo and Niagara Falls, the impression many peo-ple form of the
City is shaped by the character of land uses on, and adjacent to,
River Road.

2. TONAWANDA 1SLAND: The 95 acre island has also historicall-I been
industrial. It was the site of nunerous lumber mills in the 1800's
and more recently the large 27 acre International Paper Plant. The
latter was located at the northern area-of the Island. Now the
acreage is almost totally vacant. The site still contains a large
waste water treatment fac-ility with a 14,000,000 gallon-per-dAy
capacity, in addition to a water treatment facility of similar size.
The owners of Smith Boys Marina recently purchased the land parcel,
but have yet to undertake any large-scale development.

11-31

Smith Boys Marina also has facilities on the Island, including boat
slips and dry dock storage space for recreational craft. The
marina is located in the north-central sector of the Island on the
Little River. Immediately south of Smith Boys are various light
industrial concerns, as well as the Tonawanda Island Launch Club.

The north-central sector of the Island bordering the Niagara River
is dominated by R. T. Jones Lumber Company. The latter employs
approximately 30 individuals and is involved in lumber milling and
processing. It is the largest industrial concern on the Island.

The southern sector is comprised of mixed governmental, marina,
commercial and light industrial uses. These range from the City of
North Tonawanda Water Treatment Plant to International Filler
Corporation. Placid Harbor II Marina has boat slips and facilities
for boat repair and storage and is located on the Island's extreme
southern tip. A unique anchor pier extending into the Niagara
River at this point provides harbor protection for marina users.
Also included in this section of the Island are the Niagara County
Fire Training Tower and the former Inn-on-the-River restaurant.
Perhaps the finest vista of the River is present immediately south
of the restaurant looking toward Grand Island and the City of
Tonawanda.

The fire training area is situated on a 2.5 acre site and is used
by various volunteer fire companies in the County for drills
educational seminars, and other fire fighting purpo'ses. A small
portion of the property borders the Little River for approximately
200 linear feet and is separated from the main training area by a
chain link fence. Since there are no public access points on the
Island along the River, this area may provide an opportunity for
shoreline access. it could be designed to accommodate fishing
activities, as well.

A water use located offshore of Tonawanda island in the East
Channel of the River is the City's raw water intake.

3. DOWNTOWN: The 29 acre sub-area contains 69 structures, including
two industrial buildings on Manhattan Street. Webstpr Street is
the main downtown thoroughfare; it contains a variety of retail
establishments and service businesses such as banks, beauty shops
and insurance agencies. A large variety store is the anchor of the
retail area.

The Packet Inn, a three-storv building located on Sweeney Street
between Main and Webster adjacent to the Canal, is the dominant
building in the sub-area. Constructed 200 years ago, it was
designed to reflect the style of inns commonly visited by
passengers traveling the "packet" or passenger boats. Economic
problems forced the closing of the Inn in October 1981. In 1985
the facility was acquired by new owners and renovated at a cost of
$1.5 million. The new Packet Center contains 78 apartmencs,
office space and restaurant facilities.

11-32

In order to complement and promote the Packet Inn facilities,
North Tonawanda worked with the City of Tonawanda to secure
$130,000 in State assistance for construction of transient boat
dock facilities both directly in front of the Inn, as well as on
the immediate south shore of the Canal. In North Tonawanda this
provides mooring space for twelve boats. Both cities have received
additional State assistance to install lighting systems on the
docks.

4. BARGE CANAL - WEST: Land uses are largely older residential units
north of Sweeney Street, with State-owned open space located along
much of the length of the Barge Canal. Most of the open space
areas are landscaped with some opportunities for viewing the Canal.
Generally views from Sweeney Street to the Canal are unobstructed
except in several areas. Hi-Skipper Marina (50 slips) and,- Sales,
located at the intersection of Payne Avenue and Sweeney Street,
briefly interrupts the view of the Canal. as do two railroad
bridges built to link Niagara County with Erie County. Only one
bridge is now functional, while the other is free standing with no
north or south abutments.

A dominant land use immediately west of the Twin Cities Memorial
Highway is the 250-bed DeGraff Memorial Hospital.

5. BARGE CANAL - EAST: The southwest sector of this sub-area is
characterized by a gradual decrease in land use density as the
distance from downtown increases. Land north of Sweeney 'Street
consists of mixed residential uses dominated by two State-assisted
apartment developments (Nor-Ton Courts and the Scafione Apartments)
managed by the North Tonawanda Housing Authority.

The area south of Sweeney Street is in State ownership. Various
public park facilities are located in this area'including the City
of North Tonawanda's Service Drive Launch Ramps (double ramp) and
Mayor's Park, as well as a privately-run Boys' Club camp
immediately west of Mayor's Park. The latter is by reservation
only and provides opportunities for picnicking and active recreation
along the Canal. Unobstructed views of the Canal are present from
Twin Cities Memorial Highway to Service Drive.

Phvsical facilities at Mayor's Park include picnic areas and
pavilions. The Park is in need of renovation, and restrooms need
to be installed.

The central sector of the Barge Canal - East sub-area consists
mainly of strip residential uses on the north side of Sweeney
Street with some local residential streets extending north off
Sweeney Street. Generally. there is a large amount of vacant land
immediately outside the waterfront area in this area. Low density
strip residential uses also occur along Sweeney Street on the sout@
side, having long narrow lots averaging 50'x 650' in size. The
property lines do not abut the Canal, but terminate approximately
175 feet from the shoreline. New York State has retained ownership
of the corridor immediately adjacent to the Canal and has

1:-33

uninterrupted ownership for 8,552 l.f. (1.62 miles), extending from
Webster Street in the downtown area to the approximate center
sector of the Barge Canal - East sub-area.,

The northern sector of the sub-area is characterized by low density
strip residentia *1 uses along Sweeney Street and large vacant
parcels immediately adjacent to the waterfront area. The City of
North Tonawanda owns a linear strip 135 feet wide leading to
Sweeney Street which serves as a paper street to Wright Avenue.
St. Albert the Great Church owns a large 30 acre vacant parcel
imm.ediately west of Sweeney Street which is partially outside the
waterfront areas. Finally, the municipally-owned Deerwood Golf
Course is located in the extreme northern corner of the sub-area
and is also partially located within the waterfront aren on the
west side of Old Falls Boulevard (continuation of Sweeney Street).

The area east of Sweeney Street is characterized by low density
residential uses which abut the Canal bank, thereby prohibiting
continuous public access along the shoreline. Other uses include a
private Girl Scout Camp, and the municipally-operated Botanical
Gardens Park on land owned by New York State. The Park includes
two double boat launch ramps, which are to be repaired, and well-
maintained flower displays on 11 acres immediately north of the
East Robinson Street Bridge, opposite the Deerwood Golf Course on
Old Falls Boulevard.

F. INVENTORY OF MAJOR PARCELS

A key part of the Inventory and Analysis is the identification of all
public lands and private parcels of 5 or more acres. These usually
represent areas where the greatest opportunities for, or constraints
to, development exist. Large parcels often serve as anchors to
development and dictate land use patterns. Therefore, the
identification of these areas is useful in determing opportunities for
future large-scale private or public investment along the waterfront.

Figure 10 graphically illustrates the major parcels, while Figure 11
includes a corresponding table which describes var-ious features of each
land use.

A key information item contained in Figure 11 is the column marked
"Potential for Change." This notes the status ot' each land parcel
relative to its potential to continue in the same land use category or
change to a different use. Factors used to determine the response
shown in this column included adjacent land use patterns, parcel size,
location, and ownership patterns. Figure 12 graphically relates the
major land parcels to the response given in the "Potenti@l for Change"
column in Figure 11. Only those parcels having a medium or major
potential for change are shown.

11- 34

ZONING

The City's waterfront is clearly divided among industrial and
residential zoning classifications. The entire Niagara River and
Tonawanda Island sub-areas are classified into various types of
manufacturing districts, while the Barge Canal sub-areas are almost
entirely residential. The only exceptions to this pattern are two
small manufacturing pockets between Webster and Oliver Streets, as well
as the area occupied by Hi-Skipper Marine Services.

An analysis of the 123 acres of vacant land identified on Figure 8
shows that 80 percent of these parcels are in manufacturing districts
with the remaining acreage zoned R 1-2 (i.e. , single f amilv and two
family residences).

It should be noted that the City's Zoning Ordinance is cumulative which
allows most uses within an industrial zcne. Furthermore, land in
public ownership along the Barge Canal is exempt from local zoning
controls and represents 23 percent of the total amount of vacant land
in the waterfront area. Once the land is sold, however, the local
regulations are applicable to any new use.

References should be made to Figure 13 for a graphic description of the
zoning classifications within the waterfront area.

A definite need exists to establish special zoning provisions albng the
Niagara River Waterfront which encourages water-related development,
public access along the shoreline, a variety of uses, and which
pre-empt establishment of "nuisance" uses in the future, such as junk
yards, slag heeps, etc.

11-35

101
7@

0
r- Warneq I Ave.j Legend
3:
E
19

Public Parcels

Private Parcels, 5+ acres

See Text for Key

NIAGARA

RIVER

2A
2 B

13
16 1.
0 18 .17
\te(
10 ey C

City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figure 10 A: MAJOR WATERFRONT N
L

PARCELS A&

C4
Stuart 1. Brown Associates

Legend Town of
Wheatfield
31

Public Parcels

Private Parcels, 51acres

See Text for Key

34-

;>
East Robinson St.

31
24

23C@-
^Z

29
26 27 28

City of Tonawandal Town of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figure 108* MAJOR WATERFRONT N
PARCELS

Stuart 1. Brown Associates

Potential
Type of Name of Size for Water Kajor
No. Ownership Duner (Acres) Sub-Area Land Use Existing Use Change Zoning Dependency Investment
I Private (Leased Niagara Mohawk 22 Niagara River Park GraLwick None WD Yes No
to City) Power Corp. Park
2 Private (Leased Niagara Mohawk 24 Niagara River Vacant Vacant Minor WD No No
to City) Power Corp.
2A Public City of 5 Niagara River Marine Inner Harbor YC Medium WD Yes No
North Tonawanda
2B Private Former Kopper's 5 Niagara River Vacant Vacant Major WD No No
3 Private Ashland 6 Niagara River Vacant Tank Farm Medium WD No No
Oil Co. (Vacant)

4 Public City Of 14 Niagara River Utility Sewage Treatment None WD Yes No
North Tonowanda Plant

5 Public City of 4 Niagara River Park Fisherman's None WD Yes No
North Tonawanda Park

6 Private Rosal Homes 25 Niagara River Vacant Vacant Major WD No Proposed
Partners

7 Public City of 1.2 Niagara River utility Water Pumping None 14D Yes No
Lockport Station

8 Public City of .1 Niagara River Utility Water Line None WD Yes No
North Tonawanda

9 Private Wilbert F. 6.8 Niagara River Vacant Vacant Medium WD No No
Hollet

10 Public City of 2.1 Niagara River Residential Boat House Medium WD Yes No
North Tonawanda Area

Figure 11: Major Waterfront Parcels - Key Features

Potential
Type of Name of Size for Water Major
No. Ownership 0.-n e r (Acres) Sub-Area I-and Use Existing Use Change Zoning Dependency Investment

11 Private Smith Boys 28.9 Tonowanda Island Vacant Vacant Major WD No Proposed
Marins
12 Public City of .22 Tonawanda Island Utility Vtility None WD Yes No
Worth Tonawanda Easement
13 Private R T Jones 15.3 Tonawanda Island Industry Lumber None WD No No
Lumber Operations
14 Public City of .25 Tonowanda Island Utility Utility None WE Yes No
Worth Tonawanda Easement
15 private Taylor Devices 5 Tonawanda Island Industry Produces None WD No No
Industrial
Shock Absorbers

16 Public Niagara County 3.1 Tonawanda Island Other Fire Training Major WE No No
Center

17 Public City of .06 Tonowanda Island Vacant Vacant Major WD No No
Worth Tonawanda
18 Public City of 2.4 Tonawanda Island Utility VALer Treatment None WD Yes No
North Tonawanda Plant

19 Public HYS .88 Downtown Park Boat Docks None Ml Yes Recent

20 Public NYS 1.25 Barge Canal-WeSL Vacant Vacant Minor MI No No

21 Public HYS 1.4 Barge Canal-West Park Park None RC Yes No

Figure 11 (con't.): Major Waterfront Parcels - Key Feature6

Potential
Type of Name of Site to r Water Major
No. Ownership Owner (Acres) Sub-Area Land Use Existing Use Change Zoning Dependency Investment
22 Public HYS 2.7 Barge Canal-West Vacant Vacant Medium RC No No
23 Public HYS .82 Barge Canal-Fast Vacant Vacant/Boathouse Minor R)-2 Yes No
24 Public North Tonawanda 1.9 Barge Canal-East Residential Minor R-2 No No
Housing Auth.
25 Public HYS (Partially 1.12 Barge Canal-East Park Park/Boat Launch None R-2 Yes No
leased to City)
26 Public HYS 2.6 Barge Canal-East Vacant Vacant Medium RI-2 No No
27 Public HYS 6.3 Barge Canal-East Park/Camp Boys' Club Camp Medium RI-2 Yes No
28 Public HYS (Leased 9.7 Barge Canol-East Park Mayor's Park None RJ-2 Yes No
to City)
29 Public NYS 18.4 Barge Canal-East Vacant Vacant Medium RJ-2 No No
30 Public City of .3 Barge Canal-East Vacant Vacant Minor RI-2 No No
North Tonawanda
31 Public Hys .59 Barge Canal-East Vacant Vacant Medium RI-2 No No
32 Public NYS 28.7 Barge Canal-East Park/Camp Girl Scout Camp Medium RI-2 Yes No
33 Public NYS (Leased 11.5. Barge Canal-East Park/Boat Botanical None R-2 Yes No
to City) Launch Gardens
34 Public City of .77 Barge Canal-East Park/Golf Deerwood None RI-1 No No
North Tonawanda Course Golf Course

Figure 11 (con't.): Major Waterfront Parcels - Key Features

H. LAND OWNERSHIP

Approximately 15 percent of the waterfront is in City ownership, 16
percent is in State ownership, while the remainder is privately held.
Reference should be made to Figure 14 for a breakdown of land ownership
by sub-area. A key factor is the high percentage (i.e., 36 percent) of
the total acreage a@ong the Barge Canal owned by New York State. In
contrasts, 86 percent of all parcels on Tonawanda Island are in private
ownership.

1. VACANCY ANALYSIS

Vacant parcels represent 24 percent of all the parcels inventoried
along the shoreline. Thirty-eight percent of the parcels within the
Niagara River sub-area are vacant, while 34 percent in the Tonawanda
Island sub-area, and 15 percent and 12 percent in the Barge Canal -
West and East sub-areas, respectively, are vacant. The downtown area
has no parcels considered vacant.

Throughout the waterfront, 20 percent of the vacant parcels are in
public ownership. Public ownership is very extensive along the Barge
Canal where New York State owns 99 percent of all vacant parcels. This
documents the dominant position New York State has in determining any
future development along the Canal. In contrast, all vacant parcels
along the Niagara River are in private ownership, while 86 percent of
those on Tonawanda Island are also privately held.

Reference should be made to Figure 15 for a graphic location of all
vacant parcels within the City's waterfront area.

J. ENVIRONKENTAL CONDITIONS

An inventory of environmental conditions within the waterfront area is
an essential ingredient when determining opportunities for, and
constraints to, future development. For the purpose of this analysis,
the following factors were examined: flood hazard areas, wetlands,
inactive hazardous waste sites, topography, soils, fish habitats, water
quality, and historic/archaeological features.

The conditions will be examined by sub-area. It should be noted that
there are no State-regulated wetlands within the waterfront area and
serious erosion problems do not occur within any sub-area. In
addition, the City's waterfront is in attainment with all State
air-quality standards.

11-47

cr_
0
ca Warneq I Ave.1 Legend

E High Potential

Medium Potential

N
NIAGA
IAGA

RIVER

j@x%e ;>
10,500

C
3: t4yeer ev

City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figure 12A: POTENTIAL FOR LANO N
USE CHANGE ON
MAJOR PARCELS

Stuart 1. Brown Associates

Legend 40# Town of
High Potential Wheatfield

Medium Potential (n

East Robinson St.

City of Tonawanda
I Town of Tonawanda

city of North Tonawanda

Local Waterfront Revitalization Program
Figure 128: POTENTIAL FOR LAND N
USE CHANGE ON 'Ahl
MAJOR PARCELS '0
Stuart 1. Brown Associates

"a -6
cr_
Warne I Ave Legencl
3:
E R2 General Residence

RC Residence/ Restricted Business
C 2 General Commercial
M2 M 1 Light Manufacturing

M 2 General industrial
NIIAGARA M3 Special Industrial
RIVER

M ;>
Wne
%ins0

0
fe Of R
,Nee v

City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figure 13A: EXISTING ZONING N
A&

C3
Q
C4
Stuart 1. Brown Associates I

Legend Town of
Wheatfield
R1-1 Single Family Residence

R 1 - 2Single Family

R2 General Residence

RC Residence/ Restricted Business

East Robinson St.

R1-1

82 LZ
Y%V

City of Tonawanda Town of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program
Figure 13 B: EXISTING ZONING N

Stuart 1. Brown Associates

c')

Sub-Area

1. Niagara River 14 1 85

2. Tonawanda Island 11 3 86

3. Downtown 31 3 66

4. Barge Canal-West 34 23 43

5. Barge Canal-East 12 38 50

TOTAL 15% 17Z 68Z

Figure 14: Land Ownership by Sub-Area (Z)

NIAGARA RIVER: (See Figure 16.) The major environmental condition
within this sub-area is the existence of an inactive hazardous
waste site on a 45 acre parcel owned by the Niagara Mohawk Power
Corporation. The entire parcel is leased to the City, with
approximately one-half of the area being used as a waterfront park
(i.e., Gratwick-Riverside Park). The New York State Department of
Environmenfel Conservation (DEC) has assigned a class code of 2 to
the site. This classification indicates that the site is a
significant threat to public health or the environment and cleanup
action is required. The area was used by two large manufacturing
firms for the disposal of a variety of toxic materials including
pherolic resin, oil and grease, phenolic molding compounds, and
municipal waste. In 1982, the owner removed more than 30 barrels
of hazardous waste from the west bank of the Niagara River. The
potential for contaminant migration is major, since the fill
material 119permeable, allowing lateral movement of contaminants t8
the River. There has been no action to date on site cleanup,
but the DEC is working with Niagara Mohawk on this matter.

Although not located in the waterfront area, the Occidental
Chemical Corporation - Durez Division toxic waste site seriously
affects water quality within the City's Waterfront. There are 14
hazardous waste disposal areas on the 40-acre site. Contents
include phenol tar, chlorobenzenes, phenol- @1 aring material,
ca Ic ium- aluminum oxide, and calcium phosphate. The plant is
located in the City of North Tonawanda, approximately 1.7 miles
from the Niagara River. There is a very high potential f or
contaminants to 22iigrate within the groundwater of" the site toward
coastal waters.
The Durez facility is a possible PCB source. 23 Sediments from the
Pettit-Flume, which is a channel emptying into the Little River,
were tested and found to contain high concentrations of PCB's,
endrin, and hexachlorobenzene. The Pettit-Flume receives
discharges from Occidental - Durez which are believed to have
contributed to the major sediment contamination found in the Little
River, which contains high levels of zinc and ?C3 Is. 2_5 Occidental
Chemical has a State Pollutant Discharge Elimination System (SPDES)
Permit form New York State for discharge into the Pettit-Flume.
Finally, the Occidental - Durez facility has been designated a
Class 2 site by the DEC. It is also, presently, the subject of
litigation between the State Attorney General's Office and
Occidental Chemical Corporation relative to cleanup issues. The
above classification denotes that the site is a significant threat
to public health or the environment and cleanup action is required,.

In addition to the Niagara Mohawk and Occidental-Durez sites, the
State recently identified another site at 76 Robinson Street,
formerly used by Booth Oil Co., as a Class 2 site. This 2.5 acre
area is saturated with spilled oil, some of it containing PCB's.
The site is approximately 250 feei from the waterfront area and
1,000 feet from the Niagara River. L

11-59

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Other environmental features in the Niagara River sub-area include
the existence of flood hazard areas located sporadically along the
River shoreline and extending varying lengths inland. The f lood
hazard Areas affect the boathouse area and Wardell's boatyard,
located south of the railroad bridge leading to Tonawanda Island.
Flood hazard areas have also been designated for part of the marina
area north of Thompson Street, the Ashland propf;ty, and a small
part of the former Tonawanda Iron and Steel site. @

Also located in the Niagara River sub-area is an archeaologic site
(i.e., The Buffalo "P" site) of potential statewide significance.
It is situated in the vicinity of Wardell's Boatyard, which was
once the site of Cornelius Creek. Information regarding the site
is sparse. The area was reported in the late 1800's and early
1900's by archeaologists named Benedict, Squier, and Parker.
Artifacts recovered included pottery shards, projectile points,
decorated and undecorated pipe bowls and stems, and various tools.
It is believed that the site is a multi-component site ranging in
age from the Archaic to the Late Woodland periods (i.e., 6,000
BC-AD 1600). e site has not been systematically surveyed by
modern methods.

The topography of the sub-area is generally flat. The only
deviation from this pattern is again located in the Wardell
Boatyard area. A steep embankment created during construction of
the approach to the Seymour Street Bridge has resulted in a 15 to
25 foot man-made elevation change at this point. This has served
to completely buffer the boathouse and marina uses from those
motorists using the River Road.

The soil classification for the area from the Town of Wheatfield
border to approximately Frederika Street is Tonawanda Silty Clay
Loam which was derived from stream deposits. These are generally
deep, poorly drained soils. It has a range of building capacities
from goo poor, and is considered generally stable for
fi to
building. The remaining Niagara River sub-area is classified as
made land. These are areas which hav F6 been built up by dumping
materials of heterogeneous composition. There is no interpretive
information provided concerning this soil category due to the wide
variability in soil characteristics. Prior to any major
development soil borings would have to occur to determine the
capability of the soil to support the particular land use being
considered.

The water quality classification for both the Niagara River and
Little River is A (Special), denoting its function as an
international waterway. These waters can be used as a source of
water supply for drinking, food processing, and primary contact
recreation. Quality standards for Class A - Special Waters are
those listed in Part 700, Section 702.1 of the Rules and
Regulations of Title 6 of the N.Y.S. Environmental Conset-iation
Law.

11-67

It should be noted that point discharges to the Little River and/or
Niagara River occur at two primary locations authorized by the
following SPDES permits.

Permit Holder Discharge Location Status

Occidental - Durez Little River/via Original permit
Pettit Flume expired; new one
under negotiation

City of North Niagara River/and Permit expires 8/86
Tonawanda Other Overflow pts.

Battenfield Grease Little River/via Original permit
and Oil Corp. Pettit Flume expired; new one
under negotiation

In regard to the City of North Tonawanda, there are a series of
overflow points within the City's sanitary system controlled by
sluice gates. These are open during periods of heavy flow when the
treatment plant reaches capacity. Since the plant is operating at
50 percent of design capacity, discharges via the overflow points
rarely, if ever, are opened. Two discharge points are located in
the Niagara River sub-area at the foot of Schenck Street and East
Avenue.

The City of North Tonawanda was the recipient of an Order On
Consent from the NYS DEC on January 2, 1986, relative to alleged
violations of Article 17 of the NLYS -Environmental Conservation Law.
It was issued due to excessive discharges of wastewaters at the
sewage treatment plant and failure to implement an industrial
pre-treatment program. These violations-were inconsistent with the
SPDES Permit. The City submitted a Composite Corrective Plan to
the DEC on schedule.

Locally, significant fishing areas are located offshore between
Gratwick Park and Fisherman's Park for trout and salmon, while the
River area between Gratwick Park and the Niagara River Yacht Club
is considered a productive site for muskellunge.

2. TONAWANDA ISLAND: (See Figure 15.) The most prominent
environmental condition on the Island is the existence of two
archaeological sites with the potential of having Statewide
significance. The sites have not been surveyed and were reported
in the late 18th and early 19th centuries by the archaeologists who
reported Buffalo "P" site. The first area on the Island is
referred to as the Tonawanda Island Mound site; it is situated on
the Island's northern tip. The mound was originally 15-ft. high,
encircled by stones which had traces of fire. The diameter was
approximately 10-ft. and contained bones comprising three or four
skeletons. Worked 13 lint, broken points and worked antler were also
found on the site.

11-68

The second mound and village site (i.e., Stephen White site) is at
the very southern tip of the Island. The culture is neutral and
the present condition of the site is unknown.

Other prominent environmental conditions on the Island include the
existence of flood hazard areas located sporadically along the
Little River. This has the greatest impact on the large vacant
parcel located on the northern tip of the Island, as well @s the
publicly owned fire-training tower, and Taylor Devices. It
should be noted that, although these areas are within the
floodplain, severe flooding has not occurred in the recent past nor
has it hindered development.

As mentioned previously, the water quality classification within
the Little River and Niagara River is Clajr4 - A (Special) . Soils
on the Island are consideredn #made-land' fill with a dominant
make-up of lacustrine clay.- The latter was deposited in the
depths of ancient Lake Tonawanda which formerly covered the site.
Due to the general designation of the Island as made-land by the
U.S. Soil Conservation Service, soil borings should be prepared
prior to any major development.

A locally significant muskellunge fishing area is located within I9he
Little River, although access for shore fishing is non-existent.

3. DOWNTOWN: (See Figure 16.) The major environmental feature within
the downtown sub-area is the Riviera Theatre at 27 Webster Street.
The structure is listed on the National Register of Historic
Places. The Theatre was built in 1926 and reflects structural
design input from notable period architects, including Willard M.
Lusk. During the 1920's and 30's the building accommodated silent
movies, vaudeville shows, and, most importantly, organ concerts.
Today, the building continues to serve the public with an emphasis
on organ recitals sponsored by the N*iagara@ Frontier Threatre Organ
Society. A key piece within the Theatre' is an ornate Wurlitzer
console organ. It c ists of three manuals, seventeen ranks, 1169
pipes, and 178 tabs. In summary, the Theatre is one of the last
1920's movie palaces in New York State and serves as a significant
landmark in the City's downtown area.

A locally significant historic structure located in this area is
the former Packet Inn now the Packet Center. It was the site for
the home of Colonel John Sweeney. The present building was built
on the si%e of the Niagara Silk Hill, which later was VAn Raalte
Silk 'Mill' A small portion of the original foundation is the only
remaining part of the Silk Hill.

Other environmental features in this sub-area include a small
finger-like flood hazard area extending approximately 400-ft.
inland from the Barge Canal and immediately west of Manhattan
Street. It is generally 50-ft. wide and is bounded on i4e west by
the approach embankment to the Seymour St. Bridge . Severe
flooding does not occur in this area, however.

11-69

Soil conditions are in the 'made 24 and' category 16 with a
predominance of delta gravel deposits. Jhe latter has fair to
good drainage and a good boring capacity. Once again, however,
soil borings should be conducted prior to any major development.

The Barge Canal has been designated by the DEC as a class "C"
waterway, indicating that the water is suitable for fishing, but
not for water supply, cooking, or primary contact recreation.

The downtown area also includes a point discharge source for
wastewater covered by the City's SPDES Permit located on Manhattan
Street. As noted earlier, the sluice gates are rarely, if ever,
opened. This sub-area is also the only section of the waterfront
area where the sanitary and storm systems are combined. It has not
been a serious water-quality problem, however.

4. BARGE CANAL - 'WEST: (See Figure 16.) 7-here are no significant
environmental constraints in this sub-area. A flood hazard area is
located approximately 25-ft. to 75-ft. offshore of the Barge Canal,
beginning approximately 300-ft. east of Vandervoort Street and
extending to the Twin Cities Memorial Highway. State land,
Hi-Skipper Marine Sales, and some boathouses are located in the
flood hazard area, however, flooding has not been a serious
problem.
The Wls in the sub-area are Imade-land' and Tonawanda silt
loam. Drainage 1@s considered fair to poor and the bearing
capacity is fair. Barge Canal water-quality is in a "C"
classification.

A locally significant historic structure in the area is the Sperry
Rand Corporation building, which includes part of the old Allan
Herschell.Plant.

5. BARGE CANAL - EAST: (See Figure 17.) A major environmental
feature of the Canal within this sub-area is the presence of a
locally significant fishing area. Presence of northern pike, bass,
walleye, and panfish t@i?W2yc the sub-area makes fishing a viable
recreational activity. In addition, a study to investigate
the potential for enhancing the walleye fishery in the Tonawanda
Creek/Barge Canal system may be undertaken by the NYS Department of
Environmental Conservation in the future. A stocking program would
benefit the local fishery by increaing the supply.

Other environmental features of the sub-area include a continuous
flood hazard area approximately 25-ft. wide offshore from the
Canal. This extends the entire length of the sub-area; however, it
does not cause any serious flooding problems to land uses. Soils
in the area include cut and fill, Canandaigua, and Rockland, which
cause minor development constraints due to poor drainage from the
high water table in the area.

11-70

During periods of heavy rainfall and thaws, sewers in this sub-area
tend to backup, requiring bypass pumping to storm sewers to
eventual discharge into the Barge Canal or Pettit Flume. As this
only occurs during heavy flow periods, the water is well diluted
prior to entering the Canal or Little River. Although this
situation should be addressed eventually, it is not a major problem
which detracts from the area's water quality.

K. UTILITY SERVICE

The City operates its own sewage and water treatment plants,
located along River Road and on Tonawanda Island, respectively.
The sewage treatment plant has a design capacity of 14 IIGD and is
operating at approximately 50 percent capacity. The City is
presently undertaking an Industrial Pre-Treatment Program pursuant
to a consent order agreed to by the City with the DEC regar 4 g the
correction of several proble=s related to plant operation. The
purpose of the program is to protect the waste water treatment
system and the environment from damages that might 2?c cur when
industrial wastes are discharged into municipal sewers.

The water treatment plant has a design capacity of 14 MGD and is
operating at 36 percent capacity.

It should be noted that most of the waterfront area is serviced by
or has immediate access to, both the sewer and water systems. The
only area where access is financially prohibitive is in the Niagara
River sub-area, extending north from the area where Smith Boys
Marina is located. Both systems have large trunk lines located on
the east side of River Road. In order to provide service to those
parcels within the waterfront area, cuts would have to be made
across River Road, as well as through the Tonawanda Island Railroad
located on right-of-way along the west side of River Road. Such a
project would be very expensive and seriously disrupt vehicular and
rail traffic.

Finally, the City of North Tonawanda operates a municipal solid
waste collection system. The waste is transported to the Hooker
Energy Waste facilityv in the City of Niagara Falls, where it
undergoes an incineration process. The plant is presently
operating at approximately 80 percent of design capacity.

L. CIRCULATION AND ACCESS

The following provides infor-mation regarding circulation
characteristics within each sub-area and also notes the access
problems or opportunities created due to the circulation system.

1. NTACARA RIVER: River Road serves as the only north-south
highway in this sub-area. Tt is a State road and is classified
as a principal arterial from the Town of Wheatfield line to its
intersection with Main Street where it becomes a minor

11-71

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City of Tonawanda Town of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program
Figure 117@ ENVIRONMENTAL N
CONDITIONS AAk6

Associates
Stuart 1. Brown

arterial. The four-lane road carries an average daily traffic
volume of 9,400 vehicles per day. Access is provided from this
road to both Gratwick and Fisherman's Parks, as well as to the
marina facility in the southern part of the sub-area. The road
carries approximately 800 trucks per day and has been included
in the rpaion's preferred truck route system as a major
collector. M_

The major east-west thoroughfares which channel traffic-to the
waterfront area are Wheatfield and Robinson Streets, which a 58
City-owned roads and are classified as minor arterials.
Access to the shoreline is supplemented by nine local streets
which intersect with River Road. Therefore, vehicle access to
the shoreline is good.

This sub-area is further characterized by three railroad
lines. The Niagara Branch of Conrail parallels River Road from
'Main Street to the City Line with the A-own of Wheatfield. The
tracks are in excellent condition, and frequent passenger and
freight services utilize the line (approximately six trains per
day). The old Erie-Lackawanna line is in service between
Robinson Street and Roblin Steel on East Avenue. The Line
services strictly local industrial concerns and is in adequate
condition to meet existing needs. The Tonawanda I@land
Railroad is a private facility and is located on the west.side
of River Road from Island Street to the former Koppers Plant.

It does not presently provide any service to River -._1oad
facilities.

Bridges in the area include the State-owned Seymour Street
Bridge over the Barge Canal to the City of Tonawanda., the
City-owned Durkee Bridge over the Little River, and the
Tonawanda Island Railroad Bridge which is privately owned. The
facilities are in very sound condition with the exception of
the Railroad Bridge. A visual inspection indicates some
deterioration.

As noted, vehicle access is good to the shoreline. Pedestrian
access, however, for those residents living in the residential
neighborhoods east of River Road, is dangerous due to the
numerous rail crossings, as well as poor pedestrian crossing
opportunities at the intersection of River Road with local
streets. Public transportation does not serve this sub-area.
Such service, however, was not identified as a need during the
LWRP planning process.

2. TONAWANDA ISLAND: The Island is serviced by a series of local
streets which are City-owned. Circulation is difficult because
of the industrial activity adjacent to the roads and numerous
railroad crossings. As funds became available, all local roads
are improved in accordance with an ongoing resurfacing program.

11-75

The Tonawanda Island Railroad also operates on the Island and
services R. T. Jones Lumber, as well as International Filler.

In summary, vehicle access to the water's edge is adequate on
the Island. Since there are no public recreational
opportunities in this sub-area, access has not been a major
concern. Public transportation does not serve this sub-area,
nor is there currently a demand for such service.

DOWNTOWN: The major east-west thoroughfare providing linear
access to the Canal is the City-owned Sweeney Street considered
a minor arterial which contains a single travel lane in each
direction. Access to the Canal from the central business
district is provided via Main and Webster Streets. These are
local roads and are considered principal arterials. A parking
problem exists in front of the Packet Center where the City has
recently constructed transient boat-docking facilities.
Parking is perpendicular to the road but is inadequate given
the attractions and demand in the area.

Two highway bridges crosses the Canal in this sub-area. The
Renaissance Bridge carries Webster Street traffic into Erie
County, while the Main Street Bridge serves a similar function
at the eastern edge of the sub-area.

The latter bridge is considered structurally deficient by the
New York State Department of Transportation (DOT).

The Niagara Frontier Transportation Authority (NFTA) provides
bus service to Sweeney Street via Webster Street for residents
living north of the Canal along Oliver Street and Payne Avenue.
Service is provided on an hourly basis and provides good public
transportation access to this sub-area.

4. BARGE CANAL - WEST: Sweeney Street continues to provide linear
vehicle access along the Canal in this area. It serves as a
minor arterial to Oliver Street and then changes to a collector
status. Minor traffic congestion occurs periodically between
Main Street and Payne Avenue, especially during major
waterfront events. This area is curbed so parking
opportunities on the road shoulder for those wishing to utilize
the linear park facilities are limited. Recreacional users
generally use the private canal-side parking provided for the
employees of a local corporation or park on adjacent side
streets. This is not a major problem and does not prohibit
access to the Canal.

Vehicle access to the waterfront from the residential areas
north of the Canal is easily accommodated by the intersection
of Sweeney with seven local streets. Pedestrian and bicycle
access can also easily be accommodated through the existing
street system.

11-76

There is one active railroad bridge at the foot of Oliver
Street. It carries the Niagara Branch of Conrail and has been
rated as structurally deficient by the DOT. The former
Erie-Lackawanna Bridge is located immediately east of the Niagara
Branch crossing. The bridge stands alone within the Canal with no
connections to either shore and has been abandoned by Conrail.
The DOT has planned to remove the abutments but has no
immediate plans to remove the bridge. This creates an unattractive
view and seriously detracts from the overall visual environment.
Visual access is, therefore, negatively impacted by the bridge.

The NFTA provides bus service to this area with a stop at
Sweeney and Webster Street. Service is provided on an hourly
basis, thus providing good public transportation access to this
sub-area.

5. BARGE CANAL - EAST: Sweeney Street continues as a collector,
carrying average traffic volumes with no congestion problems.
Access to the waterfront from adjacent neighborhoods is via
thirteen local roads and the Twin Cities Memorial Highway which
serve as a principal arterial@(pnd East Robinson Street which
functions as a minor arterial. There are no major vehicle or
pedestrian access problems in this area. Parking is available
on the roadside or along adjacent streets for those wishing to
utilize recreational areas along the Canal.

The East Robinson Street Bridge crossing the Canal in the far
eastern sector of the sub-area has been rated as structurally
sound by the DOT. A rating was not available for the Twin
Cities Memorial Highway Bridge.

The NFTA provides service along Sweeney Street to the Botanical
Gardens via Spruce Street and Old Falls Boulevard. Service is
provided three times daily which is sufficient given the lack
of demand for increased service.

M. MAJOR RECENT AND PROPOSED WATERFRONT IMPROVEMENTS

The following information describes recent and future waterfront
improvements for the shoreline. They are listed by sub-area and
coincide with the numbering system illustrated on Figure 18. This
provides good background material on the level of public and
private investment and suggests possible opportunities for
additional improvements.

A. NIAGARA RIVER:

1. Former Ko2pers Co.. Inc. Sale. The City has learned that a
privately financed sale (amount unknown) of the former
25,000 sq. ft. Koppers Co. building will occur shortly.

11-77

2. Armstrong Pumps, Inc. The Company purchased 151,000 square
feet of vacant space in the Roblin Steel Corporation Plant
with $1.5 million in Industrial Revenue Bond (IRB)
proceeds. The inducement resolution was provided by the
Niagara County Industrial Development Agency (NCIDA).
Armstrong Pumps manufactures centrifugal pumps and
accessories for commercial and industrial clients.

3. Riverview Shopping Center. Private developers have
submitted an application to the NCIDA for $9.5 million in
IRB proceeds to construct a $150,000 square foot shopping
plaza on the former Tonawanda Iron Works site. The
proposed project has not progressed beyond the initial
planning stages, and an anchor store for the center has not
been found.

4. Tonawanda Island Railroad. Approximately $300,000 in State
resources has been used to improve the railroad in the last
five years.

5. Seymour Street Bridge. This bridge was improved in
1984-1985 by the DOT at a cost of $696,000.

B. TONAWANDA ISLAND

6. Tayco Technology, Inc. The City received approval of an
Urban Development Action Grant (UDAG) in the amount of
$171,906 to assist in the establishment of a small plastics
manufacturing facility. Owned by Taylor Devices, Inc.
(also located on Tonawanda Island) and Tayco Developments,
Inc., Tayco Technology makes plastic shock absorbers and
other energy management devices.

7. Tonawanda Island Railroad: (See Item 4.)

8. Smith Bovs Marina. Smith Boys expects to expand its
operations in the near future. The marina has secured the
necessary federal permits to construct 300 slips from their
present location on the island to the north end of the
Island along the Little River.

C. DOWNTOWN: (Note: Items with an asterisk are part of the
Ety's 1985 Small Cities Downtown Comprehensive Program.
Funding sources include federal Community Development Block
Grant (CDBG) resources, municipal funds and private investment
or a blend of the various sources, as noted).

9. Snyder Gear Corporation. The Company has received an
inducement resolution from the %1CIDA for $275,000 in IRB
proceeds to acquire equipment and expand its facilities on
Manhattan Street. Snyder Gear makes gears for the coal
mining industry.
is

11-78

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PLANNED IMPROVEMENTS A6

Stuart I. Brown Associates

*10. Robert's Furniture Show Place. Robert's, located on Main
Street between Tremont and Goundry Streets, expects to
expand its showroom and retail display areas with $335,000
in private resources and $175,000 in Small Cities CDBG loan
funds.

11. Packett Center. The renovation of the 55,000 square foot
building was completed in 1985 with $1.5 million in private
funds. The Packett Center includes 78 efficiency
apartments, restaurant facilities and office space.

*12. Webster Street Mini Mall. The planned 3,800 square foot
shopping center, which will span the distance between
Webster Street and Manhattan Street will be constructed with
$80,000 in private funds and $80,000 in Small Cities loan
resources. The City DPW will improve the public walkway
adjacent to the mini-mall, thereby creating a pleasant area
between the Manhattan Street parking lot and the retail
establishments on Webster Street.

*.13. Manhattan Street Public Facilities Improvements. A series
of improvements on Manhattan Street will complement the
downtown revitalization activities being carried out with a
combination of public and private resources. The repaving
and lighting of the Manhattan Street parking lot, the
installation of new curbs and sidewalks, and the
replacement of a sanitary sewer at a cost of $121,200
($85,000 in CDBG funds and $36,200 in municipal resources)
will be completed in 1986 and 1987.

*14. Goundry Street Repaving. The intersection of Goundry and
Webster STreets has been repaved at a cost of $6,200 in
municipal resources.

15. Sweenev Street Citv Dockin2 Facilities. Approximately 300
linear feet of docking facilities were constructed in
1984-1985 with $130,000 in State funds. (These funds also
provided for construction of 200 linear feet in the City of
Tonawanda). This provides temporary dockage space for
approximately 12 boats immediately adjacent to the Packett
Center. Additional utility and landscaping improvements
will be completed in 1986 with $30,000 in State funds and
$11,200 in municipal funds.

16. Sweeney Street Parking Improvements. The City's Department
of Public Works (DPW) will repave the parking areas on both
sides of Sweeney Street in front of the Packett Center in
1986 with $5,000 in municipal funds. This activity will
improve the street condition and enhance the attractiveness
of the downtown area.

Legend 440@ AW Town of
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City of Tonawanda Z
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CitY of North Tonawanda
Local Waterfront Revitalization Program*
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0 Figure 188:, MAJOR RECENT and N
PLANNED IMPROVEMENTS

Stuart 1. Brown Associates

17. Downtown Signage System. The City's DPW installed signage
in 1986 with $500.00 in municipal resources.

D. BARGE CANAL - WEST:

18. Removal of the Bridae Approach. The DOT recently removed
the Conrail - Erie /Lackawanna Railroad Bridge crossing the
Barge Canal.

19. Removal of the Bridge Abutments. The DOT plans to remove
the abutments for the Conrail - Erie/Lackawanna Railroad
Bridge in the near future.

E. BARGE CANAL - EAST:

20. Rvan Subdivision. A 20-home residential development
located north of Sweeney Street is presently under
construction with private financing.

F. MISCELLANEOUS: The City has been promoting an annual Canal Fest in
conjuction with the City of Tonawanda over the last few years.
This is a one-week- event with numerous family attractions and
activities centered around the Barge Canal. It has been an annual
success and serves to draw thousands of area residents to the
North Tonawanda downtown area.

In addition to the Canal Pest, numerous North Tonawanda marina
operators promote an annual boat show each year along the Canal.
Although not as prominent, it also serves to bring people to the
waterfront and subsequently to the neighboring commercial areas.

Finally, the Niagara County Economic Development and Planning
Department designated the Sweeney Street - Webster Street - Goundry
Street - Rive 14 Road route as the City's sector of the Niagara
Historic Trail in 1976. A series of signs have been placed along
these roads to orient the user to the area's historic past as
described in a promotional brochure.

In addition, the DOT designated River Road as the City's component
of the New York State Seaway Trail. This is an auto-tourist route,
intended to promote area commercial and recreational attractions
for tourists visiting the area. Signs have also been placed along
River Road signifying this designation.

N. *OVERVIEW OF PREVIOUS LAND USE DOCUNENTS

The following narrative briefly describes plans and studies which have
previously been developed by other organizations and which adress, in
part, development of the City's waterfront. These proposals were
examined in analyzing the City's shoreline. Reference should be made
to Section IV for a description of why certain suggestions were ruled
out for inclusion in the LWRP.

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1. COMPREHENSIVE PLAN, CITY OF NORTH TONAWANDA April, 1971 - prepared
for the North Tonawanda City Planning Commission by Candeub,
Fleissig and Associates: The Plan suggested continuous public open
space from the Town of Wheatfield boundary to the City of Lockport
p=ping station along the Niagara River. The entire Tonawanda
Island and Downtown sub-areas were proposed for industrial uses,
while the majority of the Barge Canal - East sub-area was proposed
for parkland including the underutilized State-owned land east of
Mayor's Park.

2. BARGE CANAL RECREATION AND OPEN SPACE PRESERVATION PLAN, July 1973
- Erie and Niagara Counties Regional Planning Board. The following
proposals affecting the City's waterfront were made:

Develop a Riverfront Park and Marina in the area of the
rdell's Boatyard.

Develop a Barge Dock Area between Main Street and railroad
crossings. This plan suggested the continued use of this area
for parking.

Develop the Creekside Marina immediately east of Mayor's Park
public expense.

Implement a Landscaping and Trail System along the entire
Tength of the Barge Canal presently in public ownership.

Establish a Uniform Sign System along the Canal.

3. UPPER NIAGARA RIVER RECREATION STUDY, December, 1976 - Erie and
Niagara Counties Regional Planning Board: The following proposals
affecting the City's waterfront weremade:

Develov a Marine-Oriented Commercial District along the Little
liver from the Barge Canal to the Lockport water pumping
station.

Maintain Tonawanda Island for Industrial Use, but convert
vacant land to less intensive, water enhanced uses as existing
uses terminate.

Preserve Tonawanda Iron Works Site as Open Space, until a
unified development proposal is brought forward. Emphasis
should be on marine oriented uses.

Remove Ashland Tank Farm and Pursue City Acquisition for use as
Parkland. In addition, public acquisition of private land
between Fisherman's and Gratwick Parks should be pursued for
additional parkland development.

1mvlement a Continuous Class I Bikepath along the Niagara River
edge.

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4. NIAGARA FRONTIER BICYCLE MASTER PLAN, March, 1981 - Niagara
Frontier Transportation Committee: The Plan proposed a Class I
Bikepath along River Road in the City. It designated the trail a
second priority route. The plan also designated the area along
Sweeney Street as a Class II or III bike route. This proposal was
placed in the second priority group.

5. NEW YORK STATEWIDE COMPREHENSIVE RECREATION PLAN, 1978 - New York
State Office of Parks, Recreation, and Historic Preservation. The
Plan designated the area along Sweeney Street as part of the Barge
Canal Park and Trailway System. This system extends from the
Niagara River to the Hudson River and includes existing and
proposed trails, parks, and other recreation activities.

6. NIAGARA COUNTY ECONOMIC DEVELOPMENT STRATEGY, Phase I and II (July
9, 1985 and February 3, 1986) - A.D. Little, Inc: The report
identified the Barge Canal area as part of a larger tourist circuit
in the County. The circuit would link scenic areas along Lake
Ontario. Specific land/water uses for the City were not
identified.

Other tourism activities suggested for the North Tonawanda area
included development of the Erie Canal as the focal point for
restoration and development, as well as improved development of the
Seaway Trail auto route.

It should be noted that the suggestions were not selected for more
detailed analysis by the Study Advisory Committee. This resulted
from the rp-latively low score these suggestions received when
analyzed against various economic development criteria.

7. NORTHERN CORRIDORS REFINEMENT STUDY - TRANSITIONAL ANALYSIS, (April
1986) - Niagara Frontier Transportation Authority (NFTA): This
analysis identified the Tonawanda Extention to the existing 6.4
mile transit line as a potentially viable alternative to the
Amherst Extention. The Tonawanda alternative would service the
City of North Tonawanda via an abandoned Conrail rail right-of-way
crossing the Barge Canal at Vandervoort Street and have an "end of
the line" station at Goundry Street. An alternative aerial
structure would serve North Tonawanda above an existing utilized
Conrail track and provide a terminus station at Oliver and Thompson
Streets. Both the Amherst and Tonawanda Extension are still under
consideration by the NFTA.

0. OVERVIV4 OF MARKETING FACTORS

A key determinant of any future land or water use for the North
Tonawanda waterfront is market conditions. The potential for a
particular use must be considered in relation to community desires
and physical constraints to land development. This will ensure
that the LWRP is not prepared in a vacuum. The scope of the
waterfront program, however, does not permit a detailed market

11-87

analysis f or all uses. Rather, it is appropriate to include a
general overview of market conditions for selected land uses most
often mentioned in past studies of the City's waterfront. The
information used in the evaluation was gleaned either -from other
planning documents prepared for the North Tonawanda area or
developed through basic land use demand/need methodologies. The
results of the marketing analysis were used in developing proposed
land and water uses for the City's shoreline.

1. LIGHT INDUSTRY: As noted, Arthur D. Little, Inc. is preparing
an Economic Development Strategy for Niagara County. The
analysis is being funded jointly by the Western New York
Economic Development Corporation and the Niagara County
Industrial Development Agency. Initial phases of the strategy
have suggested that existing industrial parks in Niagara County
have ample space (i.e., over 1700 acres) to accommodate
projected long-term demand. The strategy indicates that rather
than developing new parks, 31 ore emphasis should be given to
improving the existing ones. This includes North Tonawanda's
Wurlitzer Industrial Park (WIP), which has 24 of its 35 acres
available for additional development. Adjacent to the WIP is
the former -Wurlitzer Plant which has approximately 15,000 sq.
ft. of vacant space available at this time. It should be
noted, however, that the Little report does leave the door open
by suggesting that perhaps one new park might be appropriate;
if it were suitably located and of sufficient size. The study
recommended th is such a park be geared toward attracting
Canadian firms.

The County's economic development strategy further suggested
that opportunities are present for plants to spin-off from
existing large manufacturing firms in the area. The proximity
of North Tonawanda to Occidental-Durez and other firms makes the
area a potential candidate for this type of market. The
report, however, emphasizes channeling such activities into the
Wurlitzer @erk which is appropriately zoned and where space is
available.j

2. HEAVY 1',1MUSTRY: The market for large industrial facilities
with high employment requirements and capital intensive plants
is weak. A large inventory of vacant industrial land exists
along the Erie and Niagara Counties shoreline rWIting in an
oversupply of space for water-dependent industry.

Nevertheless, the City's abundant inventory of vacant land
along the Niagara River with immediate access to water, rail,
and highway transportation systems suggest that water dependent
heavy industry should not be precluded as a potential occupant
of the waterfront area. Such uses would only be feasible if
appropriate design standards are developed and enforced through
the City regulatory system.

3. PARK AREA: For the purpose of, the LWRP, it has been assumed
that any parkland located in the City's waterfront area serves
the entire City rather than those residents of a particular
district or neighborhood. The unique features and activities
available at Gratwick-Riverside Park and the Botanical Gardens,
for example, attract residents from all areas of the City.
Therefore, it is necessary to determine if there is an existing
or long-term need for additional community parkland in North
Tonawanda which could be accommodated along the shoreline.

A standard of 5 acres per thousand is recommended in the New
York State Outdoor Recreation Plan (1978) as a sound guide to
determine th S6 adequacy of community park space within a
municipality. The following existing community parks have
been developed in North Tonawanda:

1. Gratwick-Riverside 25 acres
2. Fisherman's Park 4
3. Payne 11
4. Pinewoods 34
5. Barge Canal Parkland 4
6. Mayor's Park 10
7. Botanical Gardens 12

Total 100 acres

It should be noted that there are 200 acres of undeveloped City
parkland (Holiday Park) located immediately adjacent to the
Barge Canal-East Sub-area off E. Robinson Street. The eventual
development of Holiday Park is limited, however, because of its
recent designation by New York State as a significant wetland.

The application of the above standard indicates that the City
ideally should have 175 acres of community parkland. As a
result, there is an existing shortfall of 75 developed acres.
Since a stable population for North Tonawanda is projected
through the Year 2000, an increase in the need for park space
is not expected to occur within this study period.

Although there is a need for more community parkland, the
feasibility of locating new facilities along the waterfront as
opposed to developing Holiday Park, must consider a variety of
factors.

At present, 55 percent of all of the developed community park
acreage is within the waterfront area, which represents only 8
percent of the total land area of the City. Present economic
conditions warrant a concerted effort to return vacant land to
active and productive uses which would not only provide jobs,
for City residents, but generate additional municipal tax
revenue, as well.

11-89

Alternatively, much of the land along the Barge Canal is in
public ownership and vacant. This would make the conversion to
active parkland easier and would not impact the existing supply
of vacant, marketable private parcels along the Niagara River.
As mentioned earlier, the attraction of a waterfront site to
all area residents for recreational activities lends
justification for a shoreline location. Furthermore,
additional parkland along the Canal would reduce the high
demand for facilities at Mayor's Park. It would also extend
the continuous open space corridor along the Canal.

A further consideration is the constraint that would be placed
on developing Holiday Park as active community parkland. It is
likely that any recreational development requiring fill or
extensive clearing would be prohibited under the State Wetlands
Law. Therefore, the potential of Holiday Park fulfilling the
current need for 75 additional acres of community park space is
limited.

A final note regarding the need for additional community
parkland and the status of Gratwick-Riverside Park. As stated
earlier, the area has been designated by NYSDEC as a Class 2
inactive hazardous waste site. It is presently undergoing
environmental sampling to determine the health hazard of any
wastes buried on the site. Results of the sampling may require
a temporary closing of the park until cleanup is completed. In
this event, the City should actively promote immediate site
remediation by responsible parties, and eventual reopening of
the park for public use. Such prompt action is necessary given
the above mentioned shortfall in community park space and the
area's location adjacent to the Niagara River which makes it a
high dernand facility of City residents.

4. HOUSING: Figure 19 provides a projection of housing demand for
Niagara County for 1990 and 2000. It suggests that
approximately 600 new residential units will be needed annually
through the Year 2000. Figures for the period from 1980
through 1984 s@? w an actual annual increase of approximately
377 new units. The low figure reflects the declining area
economy and high interest rates offered by area banks during
this period. Since North Tonawanda has captured about 18
percent of the total new residential construction market in the
County between 1975 and 1984, it is reasonable to assign a
similar percentage to the anticipiged share by North Tonawanda
of the projected housing market. This would result in the
City absorbing approximately 108 new units each year through
the Year 2000. This figure would return the City to the
construction pace experienced in the mid to late 1970's.

The ability of the waterfront to absorb a portion of the
projected units is a function of housing costs, and the
perception of developers and prospective buyers that
improvements will be made or are being made to the physical

11-90

environment along the shoreline. The type and price range of
waterfront housing units that could be sold would have to be
determined by carrying out a market analysis.

5. RETAIL: As noted in previous paragraphs, a detailed market
analysis for land uses is not within the scope of the LWRP.
Various observations can be made, however, regarding the
anticipated demand for commercial centers within the Niagara
River sub-area. The sub-area has several large, vacant parcels
which could conceivably accommodate retail uses. The
observations are as follows:

A REGIONAL MALL with 300,000 to 1,000,000 sq. ft. of retail
space would require a 50 acre site. The construction of
such a facility would require the consolidation of existing
parcels along the River. The demand for a regional mall
appears limited because of the proximity (10-15 minutes
driving time) of Summit Park Mall in the Town of
Wheatfield. The Summit Park Mall has 861,616 of retail
space. In addition, there is no large population increase
or rise in household income projected during the next 15
years which would establish a need for a regional
commercial center.

A Community Center shopping mall containing 100,000 to
300,000 sq. ft. and occupying a 10 to 30 acre site is
physically, possible on existing vacant parcels along the
River. Such a center would ty ically feature a discount
.p
store and satellite stores. It would generally serve a
market area within a 10 minute travel time of the site .
Similar community centers are located in the City's Central
Business District (CBD) and the City of Tonawanda CBD.
Thus, ' the market for a new center within 3 to 4 minutes
driving time from those areas is limited. Such a
conclusion is even more appropriate when examined in
relation to the stable population and income base
anticipated for the City through the study period.
Finally, the projected private and public investment in
downtown, which will approach S2.8 million requires the
concentration of retail activity in that area, rather than
promoting new community centers that would compete with the
CBD.

A NEIGHBORHOOD RETAIL CENTER containing 50,000 sq. ft. of
leasable space and occupying a 3 to 5 acre site could be
constructed on existing vacant parcels along the River.

11-91

1980 1990 1980-1990 2000 1990-2000
(Projected) (Projected)

I . Popu I at Ion 227,354 217,257 221,589
2. Average household 31Ze 2.83 2.56 2.49
3. Number of households 80,337 84,e66 88,991
4. 11OU31ng vacancy rate M 4.9 4.9 4.9

5. Housing demand
(year-round units) 84,273 89,024 93,351

6. Now demand from house-
hold growth 4311 4125
7. Lost units (20 1780 1a67
B. Nov units added 6091 5992

9. Avera go annual demand
for unit3 609 599

FIGURE 29

Housing Demand Projection - Niagnra County

Source.("Erle and Niagara Counties Household Projections (7/16/85);
(2)1,yS Division of Water Quality Mgt. - Population Projections (9/30/83)

Such a center would be anchored by a supermarket and
contain a limited number of other satellite stores. It
would serve a market area within a 5 minute travel time of
the site. An overview of the service area indicates that
two other neighborhood centers exist on Goundry Street near
River Road and Division Street between Erie Avenue and East
Robinson Street. These centers would greatly overlap the
service area of any new neighborhood retail center along
the River. In addition, the population and income
characteristics noted in earlier paragraphs limit the
prospects for any new neighborhood retail centers in the
furture (i.e., 15 years.)

Finally, the recent experience by the owners of the former
Tonawanda Iron and Steel site in marketing their 26 acre
parcel for a 165,000 sq. ft. community retail center
reinforces the conclusions. The inability to attract an
anchor retail store to the area and the fact that the
parcel has been vacant for the pasSgeight years reflect
current commercial market conditions.

Although market conditions do not appear to support
construction of a large shopping mall, it must be noted
that the proceding comments are not based on a detailed
market analysis but rather preliminary observations. It
may well be that a comprehensive marketing study which
thoroughly examines the distribution of the resident
population and its buying power, the location and
composition of competing centers and access to the site
would document the feasibility of a large scale commercial
project.

F. MARINA: It has been estimated by Marshall, Macklin Monaghan,
Limited, in the report entitled, Market Forecasts and
Sensitivitv Analysis (7/4/84) prepared for the City of Buffalo,
Division of Planning that the City of Buffalo will have a
demand for 2,483 additional boat slips by the year 2000. As
the Cities of North Tonawanda and Buffalo are within a short
distance, some of the demand could be accommodated along the
North Tonawanda waterfront.

P. SUM@@Ry

The following provides a brief su=nary of opportunities and
constraints to development present in each sub-area along the
shoreline.

1. NIAGARA RIVER:

a. The location of an inactive hazardous waste site on the
Niagara Mohawk parcel limits short-term redevelopment
opportunities and major improvements to Gratwick-Riverside
Park.

11-95

b . The numerous rail crossings and high-speed nature of River
Road create waterfront access problems for residents living
east of the waterfront area. However, the lack of any
elevated barriers is a positive factor.

c. On-shore fishing access at Gratwick-Riverside and
Fisherman's Parks to the locally significant fishing area
is good. Some improvements to the physical facilities at
these sites are appropriate, however.

d. The high percentage of vacant land presents opportunities
for redevelopment and a possible new direction in land-use
priorities. However, immediate access to the water and
rail transportation systems as well as the region's
preferred truck route contribute to the sub-areas'
potential for attracting manufacturing uses. This conflict
between promoting the historical industrial use pattern and
encouraging less intensive uses is a major issue in the
sub-area.

e. A constraint to any development north of Smith Boys Marina
is the difficulty in providing sewer and water service.

f. The River Road corridor provides virtually uninterrupted
waterfront views.

g. Land uses between Wardell's Boatyard and the Tonawanda Iron
Works site are 80 percent water-dependent. This creates
good opportunities for building upon the water oriented
nature of the area and promoting spin-off complementary
uses (e.g. restaurants).

h. Water quality problems within the Little River which may be
caused by pollutants oE@ginating at the Occidental Chemical
Corps. - Durez Plant pose a conflict with the local
fishing area. Such problems may be increased if the
recently designated hazardous waste site on Robinson Street
is found to have toxic chemicals migrating to the River.

i. The area north of Wardell Marina has insufficient
infrastructure.

J. Eventual development of the former Tonawanda Iron Works
site can serve as an anchor to the area and possibly
dictate a new land use direction for the-sub-area.

k. The entire sub-area is zoned for manufacturing which
permits virtually any land use. This cends to create an
unattractive corridor with numerous incompatible uses, and
unsightly structures.

11-96

.1. The protected nature of the Little River from severe wave
action and River currents creates opportunities for
continued expansion of the recreational boating industry.

2. TONAWANDA ISLAND:

a.' The 29-acre vacant parcel on the northern tip of the Island
presents opportunities for re-development to uses which are
dependent or enhanced by a waterfront location. The
availability of independent sewer and water systems on site
can also increase the site's attractiveness for large-scale
development.

b. Any development would have to be sensitive to the two
archaeological sites in the area.

c. The anticipated expansion of slip space by Smith Boys
Marina, Inc. presents opportunities for spin-off commercial
development on the Island. It may also increase the
marketabill@y of the vacant parcel to the north. Also see
comment A.

d. On-shore fishing access to the Little River is
non-existent.

e. The circulation pattern, building conditions, and land use
variations of the Island tend to create a negative visual
impact. The existence of R. T. Jones Lumber at the
mid-point of the Island reduces- the market potential for
any residential development. Although the facility is
isolated from most of the vacant parcels on the Island, all
vehicle access to these @ites directly pass the lumber
mill. Also see comment A.

3. DOWNTOWN:

a. Public, and private investment in the downtown area
totalled $2,744,900 at the end of 1986. An opportunity
exists to utilize the, sub-areas' waterfront location as a
further catalyst to downtown investment and retail
activity. The active promotion of the Barge Canal as a
resource for boaters, fishermen, and passive recreational
enthusiasts will not only draw people to the shoreline, but
increase the business/retail activity in downtown.

4. BARGE CANAL - WEST:

a. The vacant, free-standing former Erie-Lackawanna Railroad
Bridge and the Conrail-Niagara Branch Bridge detract from
the visual environment.

b. The sub-area provides good access to the Canal through
linear parks and local streets located perpendicular to the
Canal.

11-97

c . The existence of boathouses along the Canal has the
potential, if not maintained, for decreasing the scenic
quality of the sub-area.

BARGE CANAL - EAST:

a. The potential for problems with the boathouses, as noted in
D (3) also exists in this sub-area.

b. Various sections of the sub-area between Sweeney Street and
the Canal have been sold by the State to private owners.
These parcels have been converted into large linear
residential lots and have interrupted the continuous public
ownership pattern along the Canal.

c. The 100-year floodplain along the Canal presents some
constraints to development.

d. The continued development of the local fishing area in the
Canal will increase recreational opportunities for City
residents.

e. Although 28 percent of the sub-area is devoted to park
land, approximately 50 percent of that total is the Girl
Scout Camp and Boy's Club Camp. These occupy 31 acres of
Canal waterfront and go unused for much of the year.
Opportunities for shared use of the lands may be present.

f. Physical facilities within Maor's Park and the boat launch
at the Botanical Gardens require some renovation.

g. The sub-area is immediately adjacent to a middle-class, low
density residential section of the City, representing 48
percent of the total land area. Large, vacant parcels are
available for further residential development immediately
north of Sweeney Street. Opportunities for access to the
Canal should be preserved in anticipation of future demand
likely to be generated by the long-term population growth.

6. GENERAL:

a. The high unemployment rate in the City is a major problem
facing the community. It is important to utilize the
City's waterfront location as a key contributor to the
area's recovery. This can be accomplished in varying ways,
including the continued promotion of the recreational
boating and sport-fishing industry, encouraging waterfront
activity which complements the downtown revitalization
efforts, and by using public dollars in ways that best
promote private development opportunities.

b. The history of the City as a nationally prominent lumber
milling center in the late 1980's is not known to many

11-98

residents in the two-county region. Opportunities to
increase this awareness and possibly capitalize on it in a
manner similar to the Carousel and Railroad Museum projects
should be given further consideration.

c. With the exception of marina development, and possibly
housing, the market for new land development is soft within
the City's waterfront area. The shoreline location and
design opportunities it can foster, however, can increase
the market value of waterfront land and the subsequent
demand for it.

11-99

NOTES

1 . New York State Division of Water, Bureau of Water Quality Management
Population Projections, New York State Water Quality Management Plan,
September 30, 1983

2. New York State, Department of State, Legislative Manual, N.Y. 1980-81,
prepared pursuant to the provisions of Executive Law Article VI,
Section 95

3. City of North Tonawanda, Application to U.S. Department of Housing and
Urban Development for Urban Development Action Grant - Comprehensive
Downtown Revitalization Program, April 29, 1985

4. Centennial Magazine, 1865-1965, Charles R. Fleischman

5. Ibid

6. Buffalo News, "Town of Tonawanda Has Big Plans for 150th", January 4,
1986

7. Aiken, John; Wilhelm, John; Brunger, Eric; Aikern, Richard -- OUtDOSt
of Empires, A short History of Niagara County, 1961

8. Ibid

9. Felton Grammar School, Tonawandas, Then and Now, 1959

10. NYSDEC, Inactive Hazardous Waste Disvosal Sites in New York State,
Appendix Volume 9, December 1984

11. Buffalo News, "117 Dump Sites Put County At Top of State List", January
16, 1986

1'.. Flood insurance Rate 'Map -- City of North Tonawanda, New York, Niagara
County, January 6, 1982

13. January 29, 1986 correspondence to Mr. Thomas J. Dearing form Ms.
Gloria J. McKenna and Mr. Ben A. Nelson, Assistant Professor SUNYAB --
Department of Anthropology

14. United States Department of Agriculture -- Soil Conservation Service,
Soil Survey and Map -- Niagara County, N.Y., September 1, 1947

15. Lynch, Kevin, Site Planning, Third Edition, 1984

16. Ibid; #14

17. Sander, John M. -- Sander's Fishing Guide and Service Directory, 1985,
pp. 121, 126

18. Interview with Ken Sprenger, 1/20/86

11-100

NOTES (CONVD)

19. USEPA Preliminary Evaluation of Chemical Migration To Groundwater and
the Niagara River from Selected Waste Disposal Sites, March 1985

20. Niagara River Toxics Committee, Report of the Niagara River Toxics
Committee, October 1984

21. Ibid

22. Ibid; #19

23. Ibid; #20

24. Niagara County Legislature, Niagara Trail Brochure, 1976, Special
insert

25. United States, Department of Interior, National Park Service, National
Register of Historic Places, Inventory-Nomination Form, June 21, 1979

26. Ibid; #17

1-7. Niagara County Economic Development and Planning Department, " I Love
New York, Niagara County Fishing Map", date unknown

28. Tonawanda News, "Industries Inventoried for Chemical Outflow", January
17, 1986

29. NYSDEC, Water Bulletin, November 1985

30. Niagara Frontier Transportation Committee, "Federal-Aid Highway System
-- 1990 Functional Classification", July 1985

31. Niagara Frontier Transportation Committee, Trucking Needs StudV, April
1983

32. Arthur D. Little, Inc., "Working Memorandum of Phase I - of an Economic
Development Strategy for Niagara County", July 9, 1985

33. Ibid.

34. Arthur D. Little, Inc., "Working Memorandum On Phase 11 of an Economic
Development Strategy for Niagara County", February 3, 1986

35. Marshall, Macklin, Monaghan, Limited;
Tippetts-Abbett-'t4cCarthy-Stratton; Booz Allen and Hamilton, Inc.;
"Buffalo Waterfront Project; Market Forecasts and Sensitivity Analysis"
July 4, 1984

36. Erie County Department of Environmental and Planning, "Erie County
Parks in the 1980's: Achievements, Problems, and Prospects for the
Future" (1982)

II-101

37. Niagara County Economic Development and Planning Department,
"Construction Permits Issued in Niagara County - 1980 through 1984"

38. New York State Urban Development Corporation "Audobon New Community
UDC Policy Options (Draft)" October, 1985

11-102

SECTION III

WATERFRONT REVITALIZATION PROGRAM

POLICIES
0

DEVELOPMENT POLICIES

POLICY I RESTORE, REVITALIZE, AND REDEVELOP DETERIORATED AND UNDER-
UTILIZED WATERFRONT AREAS FOR COMMERCIAL, INDUSTRIAL, CULTURAL,
RECREATIONAL AND OTHER COMPATIBLE USES.

POLICY 1A REVITALIZE THE NORTHERN END OF TONAWANDA ISLAND (THE FORMER
INTERNATIONAL PAPER SITE), THE FORMER TONAWANDA IRON WORKS SITE
ON THE MAINLAND, THE VACANT NIAGARA MOHAWK POWER CORPORATION
(NKPC) SITE, AND OTHER XAJOR VACANT PARCELS ON TONAWANDA ISLAND
AND ALONG THE NIAGARA RIVER.

POLICY 1B REVITALIZE THE CITY'S DOWNTOWN AREA.

The revitalization of once dynamic waterfront areas is one of the most
effective means of encouraging economic growth in the City without
consuming valuable open space in other protions of the waterfront.
Redevelopment of these areas will also serve as a magnet for other
development activities along the Niagara River corridor and on Tonawanda
Island, as well as in areas adjacent to downtown.

The following guidelines will be used to review actions for consistency
with this policy as it: pertains to any future development of the areas
covered under Policies 1A and 1B.

a. Prioritv should be given to uses which are enhanced by or dependent on
a location adjacent to the water.

b. The action should enhance existing and anticipated uses. For example,
State hazardous waste cleanup funds for the NMPC site should be given
priority over sites with similar characteristics but located outside
this policy area.

c. The action should serve as a catalyst for private investment in the
area.

d. The action should improve the deteriorated condition of a site and, at
a minimum, must not cause further deterioration. For example, a
building could not be abandoned without protecting it against vandalism
and/or structural decline.

e. The action must lead to development which is compatible with the
character of the area, with consideration given to scale, architectural
style, density, and intensity of use.

f. The action should have the potential to improve the existing economic
base of the community, and, at a minimum, must not jeopardize this
base. For example, waterfront development meant to serve consumer
needs would be inappropriate in an area where no increased consumer
demands were expected and existing development was already meeting
demand.

g. The action should improve adjacent views of the water and. at a
minimum, must not affect these views in an insensitive manner. Th. is

111-3

guideline applies to the Tonawanda Iron Works site, the N"C site and
those areas downtown south of Sweeney street.

h. The action should have the potential to improve the possibilities for
multiple uses 'on the site. This guideline does not apply to the
downtown area.

If an action is proposed to take place outside of the areas covered by this
policy, and is either within the City of North Tonawanda or adjacent
coastal communities, the agency proposing the action must first determine
if it is feasible to take the action within the area covered by this
policy. If such an action is feasible, the agency should give strong
consideration to taking the action in that area. If not feasible, the
agency must take the appropriate steps to ensure that the action does not
cause deterioration of that area covered by this policy.

POLICY _2 FACILITATE THE SITING OF '"'ATER DEPENYDENT. USES AND FACILITIES 0111,
OR ADJACENT TO COASTAL WATERS.

POLICY 2A PROVIDE FOR A MIX OF WATER-RELATED COMMERCIAL AND RECREATION
USES ALONG THE NIAGARA RIVER.

There is a finite amount of waterfront space available in the City for
recreational marinas, boat storage and spin-off uses which are enhanced by
such activities. The Niagara River area offers unique opportunities for
water-related uses.

The traditional method of land allocation (i.e. the real estate market),
with or without local land-use controls, offers little assurance that uses
which require waterfront sites will, in fact, have access to the State's
coastal waters. To ensure that such "water-dependent" uses can continue to
be accommodated within the City, State and City agencies will avoid
undertaking, funding, or approving non-water-dependent uses when such uses
would preempt the reasonably foreseeable development of water-dependent
uses; furthermore, State and City agencies will utilize appropriate
existing programs to encourage water-dependent activities.

The following uses and facilities are considered as water-dependent:

1. Uses which depend on the utilization of resources found in coastal
waters (for example: fishing, mining of sand and gravel, mariculture
activities).

2. Recreational activities which depend on access to coastal waters
(for example: swimming, fishing, boating, wildlife viewing).

3. Uses involved in the sea/land transfer of goods (for example: docks,
loading areas, pipelines, short-term storage facilities).

4. Structures needed for navigational purposes (for example: locks,
dams, lighthouses).

5. Flood and erosion protection structures (for example: breakwaters,
bulkheads).

111-4

6. Facilities needed to store and service boats and ships (for example:
marinas, boat repair, boat construction yards).

7. Uses requiring large quantities of water for processing and cooling
purposes (for example: sewer and water treatment plants, fish
processing plants).

8. Scientific/educational activities which, by their nature, require
access to coastal waters.

9. Support facilities which are necessary for the successful
functioning of permitted water-dependent uses (e.g. parking lots,
snack bars, first aid stations, short-term storage facilities).
Although these uses must be near the given water-dependent use, thev
should, as much as possible, be sited inland from the
water-dependent use rather than on the shore.

In addition to water-dependent uses, uses which are enhanced by a
waterfront location should be encouraged to locate along the shore,
although not at the expense of water-dependenc uses. A water-enhanced use
is defined as a use that has no critical dependence on a waterfront
location, but the profitability of the use and/or the enjoyment level of
the users would be increased significantly if these were adjacent to, or
had visual access to, the waterfront. A restaurant which uses good site
design to take advantage of a waterfront view is an example of a
water-enhanced use,

If there is no immediate demand for a water-dependent use along the Niagara
River, but a future demand is reasonably foreseeable, temporary
non-water-dependent uses should be considered preferable to a
non-water-dependent use which involves an irreversible, or nearly
irreversible commitment of land. Parking lots, passive recreational
facilities, outdoor storage areas, and non-permanent structures are uses or
facilities which would likely be considered as "temporar,," non-water
dependent uses.

Specific water-dependent and water-enhanced uses to be accommodated within
the City's waterfront area are described in Section IV, Proposed Uses. New
water-dependent and water-enhanced uses to be developed within the City's
waterfront area are to be sited and designed, so that thev enhance, or at
least do not detract from the surrounding area. Consideration should be
given to such factors as the protection of nearby residential areas from
odors, noise and traff-1c. Affirmative approaches should be employed, so
that water-dependent uses and adjacent uses will complement one another.
Water-dependent uses must also be sited so as to avoid adverse impacts on
the significant coastal resources. In addition, to help ensure the future
availability of waterfront land for water-dependent uses, consideration
should be given in the siting and design of any developments on land
adjacent to the water to the reservation of land suitable to accommodate
the long-term space needs of water-dependent uses, for 6xample, by devoting
such land to open space of temporary non-water-dependent uses.
4-0

111-5

POLICY 3 THE STATE COASTAL POLICY REGARDING MAJOR PORTS IS NOT APPLICABLE
TO THE CITY OF NORTH TONAWANDA.

POLICY 4 THE STATE COASTAL POLICY REGARDING SMALL HARBORS IS NOT
APPLICABLE TO THE CITY OF NORTH TONAWANDA.

POLICY 5 ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS WHERE PUBLIC
SERVICES AND FACILITIES ESSENTIAL TO SUCH DEVELOPMENT ARE
ADEQUATE EXCEPT WHEN SUCH DEVELOPMENT HAS SPECIAL FUNCTIONAL
REQUIREMENTS OR OTHER CHARACTERISTICS WHICH NECESSITATE ITS
LOCATION IN OTHER COASTAL AREAS.

The purpose of this policy is to direct new development, particularlv large
scale development, in the coastal area to locations in close proximity or
within areas of concentrated development, where infrastructure and public
services are adequate, and where environmental conditions are suitable for
development.

The City of North Tonawanda is an area of concentrated development where
infrastructure and public services are generally adequate to support future
land uses and development, as specified in the proposed uses and projects
for the waterfront area (see Section IV). However, certain capital
improvements may be needed for the public sewer facilities servicing the
Tonawanda Iron Works site, and areas along Sweeney Street.

Those City, State, and Federal agencies charged with allocating funds for
such facilities should give high priority to these needs, so that full
advantage may be taken of opportunities for promoting waterfront
development.

POLICY 6 EXPEDITE PERMIT PROCEDURES I'll ORDER TO FACILITATE THE SITING OF
DEVELOPMENT ACTIVI-61ES AT SUITABLE LOCATIONS.

The confusion, time delay, and costs associated with the issuance of
permits required from all government levels prior to approval of waterfront
development is not conducive to attracting public or private investment
along the shoreline. The City of North Tonawanda will utilize existing
laws to ensure compliance with the City waterfront program, and, for any
new regulations, will coordinate and combine review periods, as well as
public hearing recuirements, to the maximum extent possible.

For specific types of development activities and in areas suitable for such
development, local, State and Federal agencies will make every effort to
coordinate and synchronize existing permit procedures and regulatory
programs, as long as the integrity of the regulations' objectives are not
jeopardized. These procedures and programs will be coordinated within each
agency. Also, efforts will be made to ensure that each agency's procedures
and programs are synchronized with the procedures of other agencies at each
level of government, and if necessary, legislative and/or programmatic
changes will be recommended.

JIT-6

When proposing new regulations, an agency will determine the feasi bility of
incorporating the regulations within existing procedures, if this reduces
the burten for facilitating a particular type of development and will not
jeopardize the integrity of regulatory objectives.

FISHING AND WILDLIFE POLICIES

POLICY 7 THE STATE COASTAL POLICY REGARDING THE PROTECTION OF SIGNIFICANT
COASTAL FISH AND WILDLIFE HABITATS IS NOT APPLICABLE TO THE CITY
OF NORTH TONAWANDA.
POLICY 8 PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL AREA FROM THE
INTRODUCTION OF HAZARDOUS WASTES AND OTHER POLLUTANTS WHICH
BIO-ACCU@ULATE IN THE FCOD CHAIN OR WHICH CAUSE SIGNIFICANT
SUBLETHAL OR LETHAL EFFECT ON THOSE RESOURCES@r

Hazardous wastes are unwanted by-products of manufacturing processes and
are generally characterized as being fl3mriable, corrosive, reactive, or
toxic. More specifically, hazardous waste is defined in Environmental
Conservation Law SS 27-0901.3 as follows:

Hazardous waste means a waste or combination of wastes which, because of
its quantity, concentration, or physical, chemical, or infectious
characteristics, may:

a. Cause, or significantly contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible illness;
or

b. Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed or
otherwise managed.

A list of hazardous wastes (6 NYCRR Part 371) has been adopted by the NTYS
DEC.

The handling (storage, transport, treatment and disposal) of the materials
included on this list is being strictly regulated in New York State to
prevent their entry or introduction into the environments, particularly
into the Citv's air, land and waters. Such controls should effectivelv
minimize possible contamination of and bio-accumulation in the Citv's
coastal fish and wildlife resources at levels that cause mortality or
create physiological and behavioral disorders.

Other pollutants are those conventional wastes, generated from points and
non-point sources, and not identified as hazardous wastes, but controlled
through other State laws.

POLICY 9 EXPAND RECREATIONAL USE OF FISH AND WILDLIFE RESOURCES IN
COASTAL AREAS BY INCREASING ACCESS TO EXISTING RESOURCES,
SUPPLEMENTING EXISTI'NG STOCKS, AND DEVELOPING NEW RESOURCES.
SUCH EFFORTS SHALL BE MADE IN A MANNER WHICH ENSURES THE
PROTECTION OF RENEWABLE FISH AND WILDLIFE RESOURCES AND
CONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM.

111-7

POLICY 9A EXPAND RECREATIONAL USE OF FISH RESOURCES IN THE LITTLE RIVER,
NIAGARA RIVER BETWTEEN GRATWICK-RIVERSIDE PARK AND FISHERMAN'S
PARK, AND ALONG THE BARGE CANAL-EAST SUB-AREA.

The educational and recreational value of coastal areas having a
significant concentration of fish resources is of extreme importance to the
general public. This is especially true in the eastern section of the
Barge Canal, Little River, and that portion of the Niagara River between
Gratwick-Riverside Park and Fisher-man's Park. The latter areas represent
high-quality fishing spots within close proximity to City residential
neighborhoods and downtown. The combination of these factors represents a
unique opportunity for public enjoyment.

Any efforts to increase recreational use of these resources will be made in
a manner which ensures the protection of fish resources and takes into
consideration other activities dependent an these resources. Also, such
efforts must be done in accordance with existing State 'Law and in keeping
with sound resource management considerations. Such considerations include
biology of the species, carrying capacity of the resources, public demand,
costs and available technology.

The following additional guidelines should be considered by State, Federal,
and City agencies as they determine the consistency of their proposed
action with the above policy.

1. Consideration should be made by Federal, State and City agencies as to
whether an action will impede existing or future utilization of the
City's recreational fish resources.

2. Efforts to increase access to recreational fish resources should not
lead to overutilization of that resource or cause impairment of the
habitat. Sometimes impairment can be more subtle than actual physical
damage to the habitat. For example, increased human presence can deter
fish from using the habitat area.

3. The impacts of increasing access to recreational fish resources should
be determined on a case-by-case basis, by conferring, as needed, with a
trained fish and wildlife biologist.

4. Any public or private sector initiatives to supplement existing stocks
(e.g. stocking the River or Barge Canal with fish reared in a
hatchery), or develop new resources (e.g. creating private fee-fishing
facilities), must be done in accord with existing State law.

References should also be made to the review guidelines for Policies 2A and
21B.

POLICY 10 THE STATE COASTAL POLICY REGARD14G COMMERCIAL FISHING IS NOT
APPLICABLE TO THE CITY OF NORTH TONAWANDA.

FLOODING AND EROSION HAZARDS POLICIES

POLICY 11 BUILDINGS AND OTHER STRUCTURES WILL BE SITED IN THE COASTAL
AREA SO AS TO MINIMIZE DAMAGE TO PROPERTY AND THE ENDANGERING OF
HUMN LIVES CAUSED BY FLOODING AND EROSION.

The State Coastal Policy, which applies only to State-designated Structural
Hazard Areas and Federally designated floodways within Flood Hazard Areas,
is not applicable in the City of North Tonawanda, since no Structural
Hazard Areas or floodways are found in the North Tonawanda waterfront area.

POLICY 11A BUILDINGS At" OTHER STRUCTURES WILL BE SITED IN THOSE AREAS
DESIGNATED AS SPECIAL FLOOD HAZARD AREAS SO AS TO MINIMIZE
DAMAGE TO PROPERTY AND THE ENDANGERING OF HUMAN LIVES CAUSED BY
FLOODING.

The following public purposes are advanced by the successful implementation
of this policy:

1. Protect human life and health.

2. Minimize expenditures of public money for costly flood control
projects.

3. Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public.

4. Minimize prolonged business interruptions.

5. Minimize damage to public facilities and utilities, such as water and
gas mains, electric, telephone and sewer lines, streets and bridges,
located in areas of special flood hazard.

6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
flood blight areas.

7. Ensure that potential buyers are notified that property is in an area
of special flood hazard.

8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.

This policy applies to thcse areas designated as special flood hazard areas
by the Federal Emergency Management Administration (FEMA) and displayed on
the City's Flood Insurance Rate Map, dated January 6, 1982. The following
provides a list of those major areas subject to this policy. It is not a
complete list, however.

1. Wardell Boatyard area on the mainland.
2. Ashland property on the Niagara River on the mainland.

3. Portions of Smith Boys Marina on the east side of the Little River on
the mainland.

iii-9

4. Portions of the former Tonawanda Iron Works site on the mainland.

5. Fire training tower area on Tonawanda Island.

6. Portions of Taylor Devices on Tonawanda Island.

7. Portions of the former International Paper site on Tonawanda Island.

8. Area east of Seymour Street Bridge abutment in the downtown area.

9. Portions of the area between Sweeney Street and the Canal from Main
Street to the Botanical Gardens.

Guidelines for reviewing proposed actions for consistency with this policy
include the following:

1. Restrict or prohibit uses which are dangerous to health, safetv and
property due to water or erosion hazards or which result in damaging
increases in erosion or in flood heights or velocities.

2. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction.

3. Ensure that any alteration of natural floodplains, stream channels and
natural protective barriers which would help accommodate or channel
flood waters is propertly controlled.

4. Ensure that any filling, grading, dredging and other development which
may increase flood damage is properly controlled.

5. Prevent the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.

When human lives may be endangered by major waterfront storms, all
necessary emergency preparedness measures shall be taken, including
disaster preparedness planning.

POLICY 12 THE STATE COASTAL POLICY REGARDING THE PROTECTION OF EROSION
NATURAL PROTECTIVE FEATURES IS NOT APPLICABLE WITHIN THE CITY OF
NORTH TONAWANDA.

POLICY 13 THE STATE COASTAL POLICY REGARDING CONSTRUCTION OF EROSION
PROTECTION STRUCTURES IS NOT APPLICABLE WITHIN THE CITY OF
NORTH TONAWANDA.
POLICY 14 ACTIVITIES AND DEVELOPKFNT INCLUDING THE CONSTRUCTION OR
RECONSTRUCTION OF EROSION PROTECTION STRUCTURES, SHALL BE
UNDERTAKEN SO THAT THERE WILL BE NO MEASURABLE 1%,CREASE IN
EROSION OR FLOODING AT THE SITE OF SUCH ACTIVITIES OR
DEVELOPMENT, OR AT OTHER LOCATIONS.

IIT-10

0 Erosion and flooding are processes which occur naturally. However, by
their actions, people can increase the severity and adverse effects of
those processes, causing damage to, or loss of property, and endancgering
hu?an lives. Those actions include: the use of erosion-protection
@structures such as groins, or the use of impermeable docks which block the
littoral transport of sediment to adjacent shorelands, thus increasing
their rate of recession; and the failure to observe proper drainage or land
restoration practices, thereby causing run-off and erosion and weakening of
shorelands. See review guidelines for Policy 11.

POLICY 15 MINING, EXCAVATION OR DREDGING IN COASTAL WATERS SHALL NOT
SIGNIFICANTLY INTERFERE WITH THE NATURAL COASTAL PROCESSES WHICH
SUPPLY BEACH MATERIALS TO LAND ADJACENT TO SUCH WATERS AND SHALL
BE UNDERTAKEN IN A IMANNER WHICH WILL NOT CAUSE AN INCREASE IN
EROSION OF SUCH LAND.

Coastal processes, including the movement of beach materials by water, and
any mining, excavation or dredging in nearshore or offshore waters which
changes the supply and net flow of such materials can deprive shorelands of
their natural regenerative powers. Such mining, excavation and dredging
should be accomplished in a manner so as not to cause a reduction of
supply, and thus an increase of erosion, to such shorelands. Offshore
mining is a future alternative option to land mining for sand and gravel
deposits which are needed to support building and other industries.

POLICY 16 PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION PROTECTIVE
STRUCTURES WHERE NECESSARY TO PROTECT HUMAN LIFE, AND NE74
DEVELOPMENT WHICH REQUIRES A LOCATION WITHIN OR ADJACENT TO AN
EROSION HAZARD AREA TO BE ABLE TO FUNCTION, OR EXISTING
DEVELOPMENT; AYD ONLY WHERE THE PUBLIC BENEFITS OUTWEIGH THE
LONG-TERUM MONETARY AND OTHER COSTS, INCLUDING THE POTENTIAL FOR
INCREASING EROSION AND ADVERSE EFFECTS ON NATURAL PROTECTIVE
FEATURES.

Public funds can be used far a variet,i of purposes on the City's shoreline.
This policy recognizes the public need for the pretection of human life and
existing development or new development which requires a location ir.
Aoximity to the coastal area or in adjacent waters to be able to function.
Howi?,ver, it also recognizes the adverse impacts of such activities and
'development on the rate of erosion and requires that careful analysis be
made of such benefits and long-term costs prior to expending public funds.

POLIC'? 17 WHENEVER POSSIBLE, USE NON-STRUCTURAL MEASURES TO MINIMIZE
DAMAGE TO NATURAL RESOURCES AND PROPERTY FROM FLOODING AND
EROSION. SUCH MEASURES SHALL INCLUDE: (i) THE SET BACK OF
BUILDINGS AND STRUCTURES; (ii) THE PLANTING OF VEGETATION AND
INSTALLATION OF SAND FENCING AND DRAr:;I,,IG; (iii) THE RESHAPING
OF BLUFFS; AND (iv) THE FLOOD-PROOFING OF BUILDINGS OR THEIR
ELEVATION ABOVE THE BASE FLOOD LEVEL.

This policy recognizes both the potential adverse impacts of flooding and
erosion upon development in the waterfront area, as well as the costs of
procection against those hazards which structural measures entail.

III-11

This policy shall apply to the planning, siting and design of proposed
activities and development located in special flood-hazard areas, including
measures to protect existing activities and development. To ascertain
consistency with the policy, it must be determined if any one, or a
combination of, non-structural measures would afford the degree of
protection appropriate both to the character and purpose of the activity or
development, and to the hazard. If non-structural measures are determined
to offer sufficient protection, then consistency with the policy would
require the use of such measures, whenever possible.

Tn determining whether or not non-structural measures to protect against
erosion or flooding will afford the degree of protection appropriate, ar.
analysis, and if necessary, other materials such as plans and sketches of
the activity or development, of the site and of the alternative protection
measures should be prepared to allow an assessment to be made.

Non-structural measures shall include, but are not limited to, the
following:

1. Avoidance of damage from flooding by the siting of buildings outside
the hazard area.

2. Flood-proofing of buildings or their elevation above the base flood
level.

See Policy 11.

GENERAL POLICY

POLICY 18 TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND ENVIRONMENTAL
INTERESTS OF THE STATE AND OF ITS CITIZENS, PROPOSED MAJOR
ACTIONS I'll THE COASTAL AREA MUST GIVE FULL CONSIDERATION TO
THOSE INTERESTS, AND TO THE SAFEGUARDS WHICH THE STATE HAS
ESTABLISHED TO PROTECT VALUABLE COASTAL RESOURCE AREAS.

Proposed major actions may be undertaken in the waterfront area if they
will not significancly impair valuable coastal waters and resources, thus
frustrating the purposes of safeguards which the State has established to
protect those waters and resources. Proposed actions must take into
account the social, economic and environmental interests of the State and
its citizens in such matters that would affect natural resources, water
levels and flcws, shoreline damage, hydro-electric power generat-.;on and
recreation.

PUBLIC ACCESS POLICIES

POLICY 19 PROTECT, MAINTAIN, AND INCREASE THE LEVEL AND TYPES OF ACCESS TO
PUBLIC, WATER-RELATED RECREATION RESOURCES AND FACILITIES SO
THAT THESE RESOURCES AIM FACILITIES MAY BE FULLY UTILIZED BY ALL
THE PUBLIC IN ACCORDANCE WITH REASONABLY ANTICIPATED PUBLIC
RECREATION NEEDS AND THE PROTECTION OF HISTORIC AND NATURAL

ITT-12

RESOURCES. IN PROVIDING SUCH ACCESS, PRIORITY SHALL BE GIVEN TO
PUBLIC BEACHES, BOATING FACILITIES, FISHING AREAS AND WATERFRONT
PARKS.

POLICY 19A PROTECT AND MAINTAIN THE TYPES OF ACCESS TO GRATWICK-RIVERSIDE
PARK, MAYOR'S PARK, BOTANICAL GARDENS, AND STATE-OWNED
RECREATION AREAS (I.E. NON-VACANT LAND) ALONG THE BARGE CANAL.

POLICY 19B IMPROVE ACCESS TO TEE SERVICE DRIVE LAUNCH RA,%TS AND CITY BOAT
DOCKS.

Existing public water-related recreation resources and facilities within
the City of North Tonawanda includes: Gratwick-Riverside Park, Fisherman's
Park, Mayor's Park, Service Drive Launch Ramp, City docks, Botanical
Gardens, and State-owned recreation areas. It is essential that public
access to these facilities be maintained, where adequate, or be improved,
where needed.

Policy 19A indicates those facilit4es where existing access is adequate and
shall be maintained.

Policy 19B provides a policy direction for the City relative to* improving
access at the Service Drive Launch Ramps, City Docks, and Fisherman's Park.
Reference should be made to Section II-L 'Ciralation and Access' for a
further description of the access needs.

The following guidelines will be used in determining the consistency of a
proposed action with Policy 19.

1. The existing access from adjacent or proximate public lands or
facilities to public water-related recreation resources and facilities
shall not be reduced, nor shall the possibility of increasing access in
the future from adjacent or proximate public lands or facilities to
public water-related recreation resources and facilities be eliminated,
unless in the latter case, estimates of future use of these resources
and facilities are too low to justify maintaining or provid4ng
increased public access or unless suc@ actions are found to be
necessary or beneficial by the public body having jurisdiction over
such access as the result of a reasonable justification of the need to
meet systematic objectives. In particular, existing access to and from
Gratwick-R.Iverside Park, which is on private lands leased by the City,
may be reduced or eliminated upon a determination by the City that such
action is in the general public interest, or upon termination of the
lease by the private owner.

The following is an explanation of the terms used in the above guJkdelines:

a. Access - the ability and right of the public to reach and use
public coascal lands and waters.

b. Public wacer-related recreation resources or facilities see
Policies 19A and 19B.

TII-13

c . Public lands or facilities - lands or facilities held by State or
City in fee-simple or less-than-fee-simple ownership and to which
the public has access or could have access, including underwater
lands. This includes the vacant, undeveloped State land along the
Barge Canal.

d. A reduction in the existing level of public access includes, but is not
limited to, the following:

(1) The number of parking spaces at a public water-related recreation
resource or facility is significantly reduced (e.g. Mayor's Park).

(2) The service level of public transportation to a public
water-related recreation resource or facility is significantly
reduced during peak season use and such reduction cannot be
reasonably justified in terms of meeting system-wide objectives.

(3) Pedestrian access is diminished or eliminated because of hazardous
crossings required at new or altered transportation facilities,
electric power transmission lines, or similar linear facilities. An
example is difficult pedestrian crossings to waterfront parks across
River Road.

(4) There are substantial increases in the following: already existing
special fares (not including regular fares in any instances of
public transportation to a public water-related recreation resource
or facility), except where the Niagara Frontier Transportation
Authority having jurisdiction over such fares determines that such
substantial fare increases are necessary; and/or admission fees to
such a resource or facility, and an analysis shows that such
increases will significantly reduce usage by individuals or
families with incomes below the State government established
poverty levels.

e. An elimination of the possibility of increasing public access in the
future includes, but is not limited to, the following:

(1) Construction of public facilities (e.g. major improvements to River
Road), which physically prevent the provision, except at great
expense, of convenient public access to public water-related
recreation resources and facilities.

(2) Sale, lease, or other transfer of public lands (e.g. State land
along Barge Canal), that could provide public access to a public
water-related recreation resource or facility.

(3) Construction of private facilities which physically prevent the
provision of convenient public access to public water-related
recreation resources or facilities from public lands and
facilities.

2. Any proposed project to increase public access to public water-related
recreation resources and facilities shall be analyzed according to the
following factors:

111-14

a . The level of access to be provided should be in accord with
estimated public use. If not, the proposed level of access to be
provided shall be deemed inconsistent with the policy.

b. The level of access to be provided shall not cause a degree of use
which would exceed the physical capability of the resource or
facility. If this were deter-mined to be the case, the proposed
level of access to be provided shall be deemed inconsistent with
the policy.

3. The State will not undertake or fund any project which increases access
to a water-related resource or facility that is not open to all members
of the public.

4. In their plans and programs for increasing public access to public
water-related resources and facilities, State agencies shall give
priority in the following crder to projects located: within the
boundaries of the Federal-Aid Metropolitan Urban Area and served by
public transportation; within the boundaries of the Federal-Aid
Metropolitan Urban Area boundary but not served by public
transportation; outside the defined Urban Area boundary and served by
public transportation; and outside the defined Urban Area boundary but
not served by public transportation.

POLICY 20 ACCESS TO THE PUBLICLY-OWNED FORESHORE AND TO LANDS 114MEDIATELY
ADJACENT TO THE FORESHORE OR THE WATER'S EDGE THAT ARE
PUBLICLY-OWNED SHALL BE PROVIDED AND IT SHALL BE PROVIDED IN A
MANNER COMPATIBLE WITH ADJOINING USES. SUCH LANDS SHALL BE
RETAINED IN PUBLIC OWNERSHIP.

Publicly owned lands within the City of North Tonawanda that are adjacent
to the water's edge are shown on Figures 10 and 11 in Section II. Most of
these lands, as described in Section II, are currently devoted to public
recreation uses and provide existing access to public lands and waters.
Lands lying under the waters of the Niagara River, Little River, and Barge
Canal are generally owned by New York State.

While publicly owned lands shall be retained in public ownership,
traditional sales of easements on underwater lands to adjacent onshore
property owners is consistent with this policy provided such easements do
not substantially interfere with continued public use of the public lands
on which the easement is granted. Also, public use of such publicly owned
underwater lands and lands immediately adjacent to the shore shall be
discouraged where such uses would be inappropriate for reasons of public
safety, military security, or the protection of fragile coastal resources.

Guidelines for reviewing any action for consistency with this policy are as
follows:

1. Existing access from adjacent or proximate public lands or
facilities to existing public coastal lands and/or waters shall not
be reduced, nor shall the possibility of increasing access in the

111-15

future from adjacent or nearby public lands or facilities to public
coastal lands and/or waters be eliminated, unless such actions are
demonstrated to be of overriding regional or statewide public
benefit, or in the latter case, estimates of future use of these
lands and waters are too low to justify maintaining or providing
increased access.

The following is an explanation of the terms used in the above guidelines:

a. (See definitions under Policy 19 of "access". and "public lands or
facilities").

b. A reduction in the existing level of public access includes, but is not
limited to the following:

(1) Pedestrian access is diminished or eliminated because of
hazardous crossings required at new or altered transportation
facilities, electric power transmission lines, or similar linear
facilities.

(2) Pedestrian access is diminished or blocked completely by public
or private development.

c. An elimination of the possibility,of increasing public access in the
future includes, but is not limited to, the following:

(1) Construction of public facilities which physically prevent the
provision, except at great expense, of convenient public access
to public water-related recreation resources and facilities.

(2) Sale, lease, or other conveyance of public lands that could
provide public access to public coastal lands and/or waters.

(3) Construction of private facilities which physically prevent the
provision of convenient public access to public ' coastal lands
and/or waters from public lands and facilities.

2. The existing level of public access within public coastal lands or
waters shall not be reduced or eliminated.

a. A reduction in the existing level of public access includes, but is
not limited to, the following:

(1) Access is reduced or eliminated because of hazardous
crossings required at new or altered transportation facilities,
electric power transmission lines, or similar linear
facilities.

(2) Access is reduced or blocked completely by any public
developments.

3. Public access from the nearest public roadway to the shoreline and
along the coast shall be provided by new land use or development,

111-16

except where: (a) it is inconsistent with public safety, military
security, or the protection of identified fragilo! coastal resources;
or (b) adequate access exists within one-half mile. Such access
shall not be required to be open to public use until a public agency
or private association agrees to accept responsibility for
maintenance and liability of the accessway.

4. The State will not undertake or fund any project which increases
access to a water-related resource or facility that is not open to
all members of the public.

5. In their plans and programs for increasing public access, State
agencies shall give priority in the following order to projects
located: within the boundaries of the Federal-Aid Metropolitan
Urban Area and served by public transportation; within the
boundaries of the Federal-Aid 'Metropolitan Urban Area boundary but
not served by public transportation; outside the defined Urban Area
boundary and served by public transportation; outside the defined
Urban Area boundary and served by public transportation; and outside
the defined Urban Area boundary but not served by public
transportation.

6. Proposals for increased public access to the coastal lands and
waters shall be analyzed according to the following factors:

a. The level of access to be provided should be in accord with
estimated public use. If not, the proposed level of access to
be provided shall be deemed inconsistent with the policy.

b. The level of access to be provided shall not cause a degree of
use which would exceed the physical capability of the resource.
If this were determined to be the case, the proposed level of
access to be provided shall be deemed inconsistent with the
policy.

RECREATION POLICIES

POLICY 21 WATER DEPENDENT AND WATER ENHANCED RECREATION WILL BE ENCOURAGED
AND FACILITATED, AND WILL BE GIVEN PRIORITY OVER NON-WATER
RELATED USES ALONG THE COAST, PROVIDED IT IS CONSISTENT WITH THE
PRESERVATION AND ENHANCTMENT OF OTHER COASTAL RESOURCES AND
TAKES INTO ACCOUNT DEMANI) FOR SUCH FACILITIES. IN FACILITATING
SUCH ACTIVITIES, PRIORITY SHALL BE GIVEN TO AREAS WHERE ACCESS
TO THE RECREATION OPPORTLMITIES OF THE COAST CAN BE PROVIDED BY
NEW OR EXISTING PUBLIC TRANSPORTATION SERVICES AND TO THOSE
AREAS WHERE THE USE OF THE SHORE IS SEVERELY RESTRICTED BY
EXISTING DEVELOPMENT.

POLICY 21A EXISTING WATER-DEPENDENT AND WATER-ENiH.ANCED RECREATIONAL
FACILITIES AT FISHERMAN'S PARK AND THE BOTANICAL GARDENS SHALL
BE EXPANDED, CONSISTENT WITH THE PRESERVATION AND ENHANCMIE4,T OF
OTHER COASTAL RESOURCES.

T11_17

POLICY 21B NEW WATER-RELATED RECREATIONAL OPPORTUNITIES SHALL BE DEVELOPED
ALONG THE BARGE CANAL RIGHT-OF-WAY, ON TONAWANDA ISLAND, AND
ALONG THE NIAGARA RIVER SHORELINE, CONSISTENT WITH THE
PRESERVATION AND ENHANCEMENT OF COASTAL RESOURCES AND THE DEMAND
FOR SUCH FACILITIES.

The City's waterfront is it's most important outdoor recreation resource.
It's appeal and significance creates several concerns. Principal among
these is determining how the demand for waterfront recreation can be met
while ensuring that other land and water use needs will be accommodated and
that the natural resource base will be protected. 1-lost specific concerns
include: conflicts with other uses; overview of existing waterfront
recreation area; deficiency of water-based recreation in urban areas;
conservation of historic and cultural resources; the particular needs of
recreational boating and fishing; and the desire to promote the private
sector's role in recreation.

Water-related recreation includes such obviously water-dependent activities
as boating, swimming, and fishing, as well as certain activities which are
enhanced by a coastal location and increase the general public's access to
the coast, such as pedestrian and bicycle trails, picnic areas, scenic
overlooks and passive recreation areas that take advantage of coastal
scenery.

Existing water-related recreational facilities at Gratwicke Park, the City
Docks adjacent to the Packett Center, the Service Drive Boat Launch, and
Mavor's Park shall be retained. With respect to Gratwicke Park, continued
public use of this facility is proposed following the toxic waste clean-up
for the site.

Existing water-related recreational facilities at Fisherman's Park and the
Botanical Gardens shall be expanded. Fisherman's Park, located along the
Niagara River shoreline to the south of the City's wastewater treatment
plant, is to be expanded through the installation of 50-75 linear feet of
docks and various site improvements. Such docking would serve as small
boat moorings, as well as fishing overlooks. Improvements to the Botanical
Gardens, located along the Barge Canal, will consist of the reconstruction
and expansion of deteriorated boat launching ramps, as well as installation
of small boat docking facilities.

New water-related recreation opportunities will be developed along the
Barge Canal Right-011-Way, on Tonawanda Island, and along the Niagara River
waterfront. Additional passive parkland, such as pedestrian trails and
picnic areas, shall be developed along the Barge Canal Right-Of-Way,
consistent with demand and in cooperation with New York State. Also, a
public fishing dock shall be developed on Tonawanda Island adjacent to the
Little River on the site-of the Niagara County Fire Training facility.

With respect to recreational boating, existing private marinas and
supporting uses along the waterfront shall be preserved and expansion
permitted, based on site conditions and anticipated impacts. As previously
noted in the Inventory and Analysis Section, a demand existn throughout the
region for additional boacing facilities. The presence of numerous vacant

111-18

land tracts along the Niagara River shoreline provides for the siting of
additional water-dependent recreational facilities. The siting of these
uses, however, will be done in a manner which avoids negative impacts on
local fishing resources, water quality, visual quality, and
archaeologically sensitive areas. In addition, boating facilities shall
include adequate parking, park-like surroundings rest rooms, and pump-out
facilities. The provision of new public boating facilities is essential in
meeting the demand, but such public actions should avoid competition with
private boating development.

Consistent with demand and the protection of other important natural,
historic, and cultural resources, water-related (i.e. water-dependent and
water-enhanced) recreation uses shall have a higher priority than any
non-water-related uses, including non-water-related recreation uses. In
addition, water-dependent recreation uses shall have a higher priority
than water-enhanced uses, including water-enhanced recreation uses.
Determining a priority among water-dependent recreation uses and other
water-dependent uses will require a case by case analysis.

POLICY 22 DEVELOPMENT WHEN LOCATED ADJACENT TO THE SHORE WILL PROVIDE FOR
WATER-RELATED RECREATION WHENEVER SUCH USE IS COMPATIBLE WITH
REASONABLY ANTICIPATED DEMAND FOR SUCH ACTIVITIES, AND IS
COMPATIBLE WITH THE PRIMARY PURPOSE OF THE DEVELOPMENT.

POLICY 22A DEVELOPMENT OF THE LARGE (5 ACRES OR MORE) VACANT PARCELS ALONG
THE NIAGARA RIVER MAINLAND AND TONAWANDA ISLAND WILL PROVIDE FOR
WATER-RELATED RECREATION AS A MULTIPLE USE, WHENEVER SUCH USE IS
APPROPRIATE IN LIGHT OF THE PRIMARY PURPOSE OF THE DEVELOPMENT.

Many developments present practical opportunities for providing recreation
facilities as an additional use of the site or facility. Therefore,
whenever developments are located adjacent to the shore, they should, to
the greatest extent permitted by existing law, provide for some form of
water-related recreation use unless there are compelling reasons why any
form of such recreation would not be compatible with the development, or a
reasonable demand for public use cannot be foreseen. As stated in Policy
22A, the large vacant parcels adjacent to the Niagara River on the mainland
and Tonawanda Island, are especially suitable for the provision of
water-related recreation as a multiple use. The types of development which
can generally provide water-related recreation as a multiple use include,
but are not limited to: parks, highways, utilitv transmission rights-of-
way, sewage treatment facilities, schools*, large residential subdivisions
or complexes (50 or more units), shopping centers, and office buildings.

The types of recreation uses likely to be compatible with these
facilities are limited to the more passive forms. In some cases, land
areas not directly or immediately needed by the facility, could be used for
recreation.

Prior to taking action relative to any development in the City, State
agencies should consult with the State Office of Parks, Recreation, and

IIIL-19

Historic Preservation (OPRHP) and with the City to determine appropriate
recreation uses. The agency should provide OPRHP and the City with the
opportunity to participate in project planning.

Appropriate recreation uses which do not require any substantial additional
construction shall be provided at the expense of the project sponsor
provided the cost does not exceed 2 percent of total project cost.

In determining whether compelling reasons exist which would make
inadvisable recreation as a multiple use, safety considerations should
reflect a recognition that some risk is acceptable in the use of
recreational facilities.

Whenever a proposed development would be consistent with LWRP policies and
the development, through the provision of recreation and other multiple
uses, could significantly increase public use of the shore, then such
development should be encouraged to locate adjacent to the shore.

Reference should also be made to Policy 21B.

HISTORIC AND SCENIC QUALITY POLICIES

POLICY 23 PROTECT, ENHANCE AND RESTORE STRUCTURES, DISTRICTS, AREAS OR
SITES THAT ARE OF SIGNIFICANCE IN THE HISTORY, ARCHITECTURE,
ARCHAEOLOGY OR CULTURE OF THE STATE, ITS COMKUNITIES, OR THE
NATION.

POLICY 23A PROTECT THE RIVIERA THEATRE.

POLICY 23B PROTECT THE ARCHAEOLOGICAL SITES IDENTIFIED AS THE BUFFALO "P11
SITE, STEPHEN WHITE SITE, AND THE TONAWANDA ISLAND MOUND SITE.

POLICY23C ENHANCE THE CITY'S HERITAGE AS A WORLD-RENOWNED LUMBER MILLING
CENTER.

Amona the most valuable of the State's and City's man-made resources are
those of historic significance. The protection of these resources must
involve a recognition of their importance by all agencies. As described
within the 'Environmental Condition' chapter of the Inventory and Analysis,
identified historic resources within the City's waterfront area include the
following: the Riviera Theatre, which is listed on the National Register
of Historic Places; two structures of local significance, the Packett Inn
and the Sperry Rand Corporation building (former Allan Herschell Plant);
and three (3) zones of archaeological sensitivity (see Figure 16 for
locations).

The City will promote the rehabilitation and adoptive re-use of historic
structures, when appropriate. In addition, prior to undertaking major
construction activities in the identified areas of potential archaeological
significance, anyone proposing such activity shall consult with the State
Historic Preservation Office to determine whether significant

111-20

archaeological resources are present at the site and what measures are
necessary to preserve these resources. All practicable means shall be used
to preserve significant archaeological resources.

All practicable means to protect the areas noted in Policy 23A and Policy
23B shall be undertaken to protect the above-cited historic resources and
prevent an adverse change to them or impacts on them.

A significant adverse change includes, but is not limited to:

1. Alteration of, or addition to, one or more of the architectural,
structural, ornamental or functional features of the areas covered by
this policy. Such features are defined as encompassing the style and
general arrangement of the exterior of a structure and any original or
historically significant interior features including type, color and
texture of building materials; entry ways and doors; fenestration;
lighting fixtures; roofing, sculpture and carving; steps; rails;
fencing; windows; vents and ocher openings; grillwork; signs; canopies;
and other appurtenant fixtures and, in addition, all buildings,
structures, outbuildings, walks, fences, steps, topographical features,
earthworks, paving and signs located on the designated resource
property. (To the extent they are relevant, the Secretary of the
Interior's "Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings" shall be adhered to.)

2* Demolition or removal in full or part of the Theatre and 3 sites, to
include all those features described in (a) above plus any other
appurtenant fixture associated with a building structure or earthwork.

3. All proposed actions within 500 feet of the perimeter of the property
boundarv of the areas that would be incompatible with the objective or
preserving the quality and integrity of the resource. Primary
considerations to be used in making judgment about compatibility
should focus on the visual and locational relationship between the
proposed action and the special character of the areas. Compatibility
between the proposed action and the resource means that the general
appearance of the resource should be reflected in the architectural
style, design material, scale, proportion, composition, mass, line,
color, texture, detail, setback, landscaping and related items of the
proposed action.

This policy shall not be construed to prevent the construccion,
reconstruction, alteration, or demolition of any of the historic resources
identified above if they are officially certified as being imminently
dangerous to life or public health.

Implementation of Policy 23C requires actions other than review
guidelines. Reference should be made to Section V for a description of the
implementation techniques.

POLICY 24 THE STATE COASTAL POLICY REGARDING SMIC RESOURCES OF STATEWIDE
SIGNIFICANCE IS NOT APPLICABLE WITHIN THE CITY OF NORTH
TONAWANDA.

POLICY 25 PROTECT, RESTORE OR ENHANCE NATURAL AND MAN-MADE RESOURCES WHICH
ARE NOT IDENTIFIED AS BEING OF STATEWIDE SIGNIFICANCE, BUT WHICH
CONTRIBUTE TO THE OVERALL SCENIC QUALITY OF THE COASTAL AREA.

POLICY 25A PROTECT THE SCENIC VISTAS ALONG SWEENEY STREET AND RIVER ROAD.

The location of the City adjacent to the Upper Niagara River and Barge
Canal requires a commitment to ensure the visibility of the River and Canal
to area residents. The River and Canal are public resources whose scenic
quality must be preserved and utilized.

The recreational boating traffic, sunsets, and scenic vistas of the City of
Tonawanda and Town of Grand Island visible offshore from North Tonawanda
have local significance.

The following siting and facility-related guidelines are to be used to
achieve this policy, recognizing that each development situation is unique
and that the guidelines will have to be applied accordingly. Guidelines
include:

Siting structures and other development, such as power lines and signs,
back from the shoreline or in other inconspicuous locations to maintain
the attractive quality of the shoreline and to retain views to and from
the shore.

Clustering or orienting structures to retain views, save open space and
provide visual organization to a development.

Incorporating sound, existing structures (especially historic
buildings) into the overall development scheme.

Removing deteriorated and/or degrading elements (especially unused
railroad bridges).

Maintaining boathouses along the Canal in an attractive and sound
condition.

Continuing existing State Policy regarding new permits for boathouses
along the Canal.

Maintaining or adding vegetation to provide interest, blend structures
into the site, and obscure unattractive elements, except when selective
clearing removes unsightly, diseased or hazardous vegetation and when
selective clearing creates views of coastal waters.

Using appropriate materials, in addition to vegetation, to screen
unattractive elements.

Using appropriate scales, forms and materials to ensure that buildings
and other structures are compatible with and add interest to the
landscape.

ITI-22

AGRICULTURAL LANDS POLICY

POLICY 26 THE STATE COASTAL POLICY REGARDING THE PROTECTION OF
AGRICULTURAL LANDS IS NOT APPLICABLE WITHIN THE CITY OF NORTH
TONAWANDA.

ENERGY Ain ICE MANAGEMENT POLICIES

POLICY 2-7 DECISIONS ON THE SITING AND CONSTRUCTION OF MAJOR ENERGY
FACILITIES IN THE COASTAL AREA WILL BE BASED ON PUBLIC ENERGY
N FACILITIES WITH THE ENVIRONrMENT,
NEEDS, CO@TATIBILITY OF SUCH
AND THE FACILITY'S NEED FOR A SHOREFRONT LOCATION.

Demand for energy in New York will increase, although at a rate slower than
previously predicted. The State expects to meet these energy demands
through a combination of conservation measures; traditional and alternative
technologies; and use of various fuels including coal in greater
proportion.

A determination of public need for energy is the first step in the process
for siting any new facilities. The directives for determining this are set
forth in the New York State Energy Law. With respect to transmission lines
and steam electric generating facilities, Articles VII and VIII of the
State's Public Service Law require additional forecasts and establish the
basis for determining the compatibility of these facilities with the
environment and the necessity for a shorefront location. The policies
derived from the siting regulations under these Articles are entirely
consistent with the general coastal policies derived from other laws,
particularly the regulations promulgated pursuant to the Waterfront
Revitalization and Coastal Resources Act. That Act is used for the
purposes of ensuring consistency with the State Coastal Management Program
and this Local Waterfront Revitalization Program.

In consultation with the City of North Tonawanda, the Department of State
will comment on State Energy Office policies and planning reports as may
exist; present testimony for the record during relevant certification
proceedings under Articles VII and VIII of the PSL; and use the State SEQR
and DOS regulations to ensure that decisions on other proposed energy
facilities (other than transmission facilities and steam electric
generating plants) which would impact the coastal area are made consistent
with the policies and purposes of the Local Waterfront Revitalization
Program.

POLICY 28 ICE MANACa4ENT PRACTICES SHALL NOT INTERFERE WITH THE PRODUCTION
OF HYDROELECTRIC POWER, DAMAGE SIGNIFICANT FISH AND WILDLIFE AND
THEIR HABITATS, OR INCREASE SHORELINE EROSION OR FLOODING.

Prior to undertaking actions required for ice management, an assessment must
be made on the potential effects of such actions upon the production of
hydroelectric power, fish and wildlife and their habitats in the Upper
Niagara River, offshore of the City of North Tonawanda, flood levels and
damage, and rates of shoreline erosion damage.

111-23

Following such an examination, adequate methods of avoidance or mitigation
of such potential effects must be utilized if the proposed action is to be
implemented.

POLICY 29 ENCOURAGE THE DEVELOPMENT OF ENERGY RESOURCES ON THE OUTER
CONTINENTAL SHELF, IN LAKE ERIE AND IN OTHER WATER BODIES, AND
ENSURE THE ENVIRONMENTAL SAFETY OF SUCH ACTIVITIES.

State Policy recognizes the need to develop new indigenous energy sources.
It also recognizes that such development may endanger the environment.
Among the various energy sources being examined are those which may be found
on the Outer Continental Shelf (OCS) or in Lake Erie. The State has been
encouraging the wise development of off-shore energy resources in a manner
that will ensure the environmental safety of such activities, protect
important coastal resources, and protect public water supplies.

WATER AND AIR RESOURCES POLICIES

POLICY 30 MUNICIPAL. INDUSTRIAL, AND COMMERCIAL DISCHARGE OF POLLUTANTS,
INCLUDING BUT NOT LIMITED TO, TOXIC AND HAZARDOUS SUBSTANCES,
INTO COASTAL WATERS WILL CONFORM TO STATE AND NATIONAL WATER
QUALITY STANDARDS.

POLICY 30A POINT SOURCE DISCHARGE OF POLLUTANTS AT THE MUNICIPAL WASTEWATER
TREATMENT PLANT AND CORRESPONDING THREE OVERFLOW POINTS INTO THE
NIAGARA RIVER WILL CONFORM TO STATE AND NATIONAL WATER QUALITY
STANDARDS.

POLICY 30B POINT SOURCE DISCHARGE OF POLLUTANTS INTO THE LITTLE RIVER FROM
OCCIDENTAL-DUREZ, AND BATTENFELD GREASE AND OIL CORPORATION
SHALL CONFORM TO STATE AND NATIONAL WATER QUALITY STANDARDS.

Municipal, industriaL and commercial discharges include not onlv
$lend-of-the-pipe" discharges into surface and groundwater, but also plart
site runoff, leaching, spillages, sludge and other waste disposal, and
drainage from raw material storage sites. Also, the regulated industrial
discharges are both those which directly empty into the Niagara River,
Barge Canal, and Little River, and those which pass through the City's
sewage treatment system before reaching the Niagara River.

POLICY 31 STATE COASTAL, AREA POLICIES AND M.5-NAGL-MENT OBJECTIVES OF
APPROVED LOCAL WATERFRONT REVITALIZATION PROGRAMS WILL BE
CONSIDERED WHILE REVIEWING COASTAL WATER CLASSIFICATIONS AND
WHILE MODIFYING WATER QUALITY STANDARDS; HOWEVER, THOSE WATERS
ALREADY OVER-BURDENED WITH CONTAMINANTS WILL BE RECOGNIZED AS
BEING A DEVELOPMENT CONSTRAINT.

Pursuant to the Federal Clean Water Act of 1977 (PL 95-217) the State has
classified its coastal and:other waters in accordance with considerations of
best usage in the interest of the public and has adopted water quality
standards for each class of waters. These classifications and standards

111-24

are reviewable at least every three years for possible revision or
amendment. The City of North Tonawanda's Local Waterfront Revitalization
Program and State coastal management policies shall be factored into the
review process for the Barge Canal, Niagara River, and Little River.
However, sucfi@' consideration shall not affect any water pollution control
requirement established by the State pursuant to the Federal Clean Water
Act.

The existing water quality classifications in the City of North Tonawanda,
as identified on Figures 16 and 17 of the Inventory and Analysis Section,
are appropriate to the existing and proposed land and water uses of the
waterfront area and should be maintained. There are no waters overburdened
with contaminants within the City's waterfront area.

POLICY 32 THE STATE COASTAL POLICY REGARDING THE USE OF ALTERNATIVE
SANITARY WASTE SYSTEMS IS NOT APPLICABLE TO THE CITY OF NORTH
TONAWANDA.

POLICY 33 BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THE CONTROL OF
STORIWATER RUNOFF AND COMBINED SEWER OVERFLOWS DRAINING INTO
COASTAL WATERS.

POLICY 33A BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THE CONTROL OF
SEWER OVERFLOWS INTO THE BARGE CANAL VIA THE STORM SEWER SYSTEM.

Best management practices include structural methods of preventing or
mitigating pollution caused by the undersizing of sewer pipes in sections
adjacent to the Barge Canal sub-areas. At present, this is not a serious
problem in the City; however, the municipality will closely monitor
development in the overflow areas to ensure that the problem is not
increased. This policy applies only to the Barge Canal sub-areas.

POLICY 34 DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS FROM VESSELS
WILL BE LIMITED SO AS TO PROTECT SIGNIFICANT FISH AND WILDLIFE
HABITATS, RECREATIONAL AREAS ANT WATER SUPPLY AREAS.

The discharge of sewage, garbage, rubbish, and other solids and licuid
materials from watercraft and marinas into the State's waters is regulated.
Within the City's waterfront area priority will be given to the enforcement
of this law in the area of public water supply intakes which need
particular protection from concamination by vessel wastes. Also, specific
effluent standards for marina toilets have been promulgated by the
Department of Environmental Conservation (6 NYCRR, Part 657).

POLICY 35 DREDGING AND DREDGE SPOILS DISPOSAL IN COASTAL WATERS WILL BE
UNDERTAKEN IN A MANNER THAT MEETS EXISTING STATE DREDGING PERMIT
REQUIREME1,1TS, AND PROTECTS SIGNIFICANT FISH AND WILDLIFE
HABITATS, SCENIC RESOURCES, NATtRAL PROTECTIVE FEATURES,
IMPORTANT AGRICULTURAL LANDS, AND WETLANDS.

Dredging often proves to be essential for waterfront revitalization,
maintaining navigation channels at sufficient depth, and pollutant removal.

111-25

Such dredging projects, however, may adversely affect water quality and
scenic resources. Often these adverse effects can be minimized through
careful design and timing of the dredging operation and proper siting of
the spoil disposal site.

State dredging permits will be granted if it has been satisfactorily
demonstrated that these anticipated adverse effects have been reduced to
levels which satisfy State dredging permit standards set forth in
regulation developed pursuant to Environmental Conservation Law (Articles
15, 24, 25 and 34).

POLICY 36 ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF PETROLEUM AND
OTHER HAZARDOUS MATERIALS WILL BE CONDUCTED 1N A MANNER THAT
WILL PREVENT OR AT LEAST MINIMIZE SPILLS INTO COASTAL WATERS;
ALL PRACTICABLE EFFORTS WILL BE UN'DERTAKEN TO EXPEDITE THE
CLEANUP OF SUCH DISCHARGES; AND RESTITUTION FOR DAMAGES WILL BE
REQUIRED VHEN THESE SPILLS OCCUR.

POLICY 36A ACTIVITIES RELATED TO THE STORAGE OF PETROLEUM AND OTHER
HAZARDOUS MATERIALS SHALL BE PROHIBITED IN THE BARGE
CANAL-EAST, BARGE CAINAL-WEST, AND DOWNTOWN SUB-AREAS (I.E. LAND
ONLY), AS WELL AS ON TONAWANDA ISLAND AND THE NIAGARA RIVER
SUB-AREAS (I.E. LAND ONLY), WHICH BORDER THE LITTLE RIVER.

The storage of petroleum products and hazardous materials is prohibited
within the waterfront. All activities within the City's waterfront area
which are subject to this policy shall furthermore comply with all
applicable State and Federal regulations.

POLICY 37 BEST MANAGEMENT PRACTICES WILL BE UTILIZED TO MINIMIZE THE
NON-POINT DISCHARGE OF EXCESS NUTRIENTS, ORGANICS AND ERODED
SPOILS INTO COASTAL WATERS.

Best management practices used to reduce these sources of pollution include
soil erosion control practices and surface drainage control techniques.

POLICY 38 THE QUALITY AND QUANTITY OF SURFACE WATER AND GROUNDWATER
SUPPLIES WILL BE CONSERVED AND PROTECTED, PARTICULARLY WHERE
SUCH WATERS CONSTITUTE THE PRIMARY OR SOLE SOURCE OF WATER
SUPPLY.

Surface water is the source of drinking water in the City of North
Tonawanda and therefore must be protected. Most of the City's waterfront
area is served by a municipal sanitary sewer system. North Tonawanda has
sophisticated water treatment and wastewater treatment plants. All
com:mercial and industrial discharges are regulated by State and Federal
Law.

POLICY 39 THE TRANSPORT, STORAGE, TREATMENT A." DISPOSAL OF SOLID WASTES,
PARTICULARLY HAZARDOUS WASTES, WITHIN COASTAL AREA WILL BE
CONDUCTED IN SUCH A MANNER SO AS TO PROTECT GROUNDWATER AND
SURFACE WATER SUPPLIES, SIGNIFICANT FISH AND WILDLIFE HABITATS,
RECRFATION AREAS, IMPORTANT AGRICULTURAL LANDS AND SCENIC
RESOURCES.

!:1-26

Policy 39A THE STORAGE, TREATMENT AND DISPOSAL OF SOLID WASTES,
PARTICULARLY HAZARDOUS WASTES, SHALL BE PROHIBITED WITHIN THE
COASTAL ZONE.
T@e` *.definition of terms "solid wastes" and "solid waste management
facilities" are taken from New York's Solid Waste Management Act
(Enfironmental Conservation Law, Article 27). Solid wastes include sludges
from air or water pollution control facilities, demolition and construction
debris, and industrial and commercial wastes. The term "hazardous waste"
is defined under Policy 8. Hazardous wastes include unwanted by-products
of manufaturing processes generally characterized as being flammable,
corrosive, reactive, or toxic.

No storage, treatment or disposal of solid wastes is permitted in the City
of North Tonawanda waterfront area. Any transportation of solid wastes in
the waterfront must comply with State and Federal regulations and ensure
the protection of the City's coastal resources.

POLICY 40 EFFLUENT DISCHARGED FROM MAJOR STEAM ELECTRIC GENERATING AND
INDUSTRIAL FACILITIES INTO COASTAL WATERS WILL NOT BE UNDULY
INJURIOUS TO FISH AND WILDLIFE AND SHALL CONFORM TO STATE WATER
QUALITY STANDARDS.

There are no major steam generating facilities located within or planned
for the City's waterfront area. The siting of such facilities is subject
to the jurisdiction of the State Board on Electric Generation Siting and
the Environment. The State Board on Electric Generation Siting and the
Environment must consider a number of factors when reviewing a proposed
'-site for facility construction. One of these factors is that the facility
11not discharge any effluent that will be unduly injurious to the
propagation and protection of fish and wildlife, the industrial development
of the State, the public health, and public enjoymnet of the receiving
waters." The effects of thermal discharges on water quality and aquatic
organisms are considered by the Siting Board, when evaluating an
applicant's request to construct a new stream electric generating facility.

Existing industrial facilities are located within and near the City's
waterfront area and new facilities may be developed in the future.
Effluent discharges from industrial facilities are subject to State
regulations, which ensure the protection of fish and wildlife and the
maintenance of State water quality standards.

POLICY 41 LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL NOT CAUSE
NATIONAL OR STATE AIR QUALITY STANDARDS TO BE VIOLATED.

The City's Local Waterfront Revitalization Program incorporates the air
quality policies and programs developed for the State by the Department of
Environmental Conservation pursuant to the Clean Air Act and State laws on
air quality control requirements applicable within the coastal area.

To the extent possible, the State Implementation Plan will be consistent
with the lands and water use policies of this LWRP. Conversely, program

111-27

decisions with* regard to land and water use and any recommendations with
regard to specific sites for major new or expanded industrial, energy,
transportation, or commercial facilities will reflect an assessment of
their. . compliance wi th the air quality requirements of . the State
.Implementation Plan.

POLICY 42 COASTAL MANAGEMENT POLICIES WILL BE CONSIDERED IF THE STATE
RECLASSIFIES LAND AREAS PURSUANT TO THE PREVENTION OF
SIGNIFICANT DETERIORATION REGULATIONS OF THE FEDERAL CLEAN AIR
ACT.

The policies of the State and City's Local Waterfront Revitalization
Program concerning poposed land and water uses will be taken into account
prior to any action to change prevention of significant deterioration land
classifications in the coastal area or adjacent area.

POLICY 43 LAND USE OR DEVELOPMENT IN THE COASTAL AREA MUST NOT CAUSE THE
GENERATIONS OF SIGNIFICANT AMOUTNS OF THE ACID RAIN PRECURSORS:
NITRATES AND SULFATES.

The City's Local Waterfront Revitalization Program incorporates the State's
policies on acid rain. As such, the program will assist in the State's
efforts to control acid rain. These efforts to control acid rain will
enhance the continued viability of coastal fisheries, wildlife,
,agricultural, scenic, and water resources.

-POLICY 44 THE STATE COASTAL POLICY REGARDING THE PRESERVATION AND
PROTECTION OF TIDAL AND FRESHWATER WETLANDS IS NOT APPLICABLE
TO THE CITY OF NORTH TONAWANDA.

111-28

SECTION IV

PROPOSED LAND AND WATER USES

I
9

A. INTRODUCTION

The proposed land and water uses for the City's waterfront are intended
to translate the policies contained in Section III into a cohesive
physical plan for the shoreline. The time period for the
implementation of the plan is 15 years; however, some proposals can be
carried out within the short-term (i.e. 5 years). These specific areas
are highlighted in the text.

It should be stressed that the recommendations have been developed as a
means of implementing the waterfront policies. The formulation of the
proposed uses is the result of a process which blends the policy
statements with an evaluation of the development potential and
constraints of particular areas. Potentials and constraints are
determined by numerous factors including environmental considerations,
physical barriers to development, adjacent land use patterns and market
demand.

B. PROPOSED LAND USES

The following narrative provides a general description of proposed land
uses for each sub-area. Given market conditions and environmental
constraints, full achievement of the recommendations is likely to occur
within a 15 year time period. Reference should be made to Figures 20A
and 20B for a graphic description of the short and long term proposals,
and to Figures 21A and 21B for a generalized comprehensive waterfront
land use plan for the City through the Year 2000.

It should be noted that "nuisance" uses such as auto wrecking,
Junkyards, scrap metal yards, dumps, and slag piles will not be allowed
in any of the waterfront sub-areas.

Finally, the large vacant parcels on Tonawanda Island and the Niagara
River sub-areas are recommended for redevelopment that would
accommodate water-dependent or enhanced uses. Enhanced uses include
restaurants, Office parks, large residential developments, light
industry, etcetera. Such a recommendation assumes that a waterfront
location will assist in the overall marketing of these sites and
provide an attractive setting for water oriented designs. In addition,
water-dependent boating and industrial uses would also be appropriate
for those areas. As previously noted, an industrial use would have
to satisfy strict site design standards to insure its consistency with
the LWRP. This would be a major condition any local zoning approval
required.

1. NIAGARA RIVER: This sub-area has the greatest potential for
change. This conclusion is based on two factors; namely, it has
the highest percentage of vacant parcels (i.e. 38 percent) and many
large parcels under single ownership.

IV-3

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City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program
Figure 20A: PROPOSED LAND USE- N
PROJECTS

Stuart I. Brown Associates

Le!qend Town of
Short Term 1. Park Improvement Wheatfield
1-5 yrs
3. Bike Path
(n
Long Term 8. Parking
6-20 yrs 9. Park Expansion

East
I Robinson St.

8
3

City of Tonawanda Town Of Tonawanda Z

City of North Tonawanda

Local Waterfront Revitalization Program
Fisure 20B: PROPOSED LAND USE- N
PROJECTS

Associates
Stuart 1. Brown

too
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E
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Recreation (Public)

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Light Industry

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City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program

Figurs'.2-JLA: PROPOSED LAND USE N
CONCEPT

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Stuart; 1. Brown Aszaciates

Legend Town of
Wheatfield
Residential (Urban/Rural)

Recreation (Public)
Soating/Marina

Recreation (Private)

East St. .....
I Robinson .........

.......... .

..........

.......... .....

City of Tonawandal Town 0 f Tonawanda z
I

City of North Tonawanda

Local Waterfront Revitalization Program

Figure 211113: PROPOSED LAND USE N
CONCEPT

Associates r4
Stuart 1. Brown ____j

'The land area extending from the Tonawanda Iron Works site north to
the Town of Wheatfield municipal boundary is proposed for a variety
of water-dependent and enhanced uses, including parkland, marinas,
commercial, industrial, and residential development. This
recommendatin will allow a flexibility in attracting new uses to
the area which may presently be constrained by the poor market
(e.g. owners of the Tonawanda Iron Works site have been marketing
their land for eight years) . In addition, the uses proposed will
be required to satisfy specific zoning and site plan review
criteria pertaining to site design, waterfront access and
consistency with the LWRP. This will serve to improve the
aesthetic character of the River Road corridor. The Waterf ront
Zoning District, for example, will require shoreline uses to be
water-dependent, or to provide for public access for those
non-water-dependent uses which locate there.

Existing water-dependent uses to be maintained include Fisherman's
Park, Niagara River Yacht Club, and the City Sewage Treatment
Plant. Proposed improvements to Fishermans Park total $55,000 and
include slip dredging, restroom, facilities, sanitary sewer system,
lighting, parking improvements, and handicapped access. The cost
figure was supplied by the City Parks Department.

Gratwick-Riverside Park will continue as a municipal park unless
results of current State and County soil and water testing
determines that public use of the area is detrimental to public
health. In this event, the City will urge prompt cleanup of the
area by responsible parties so that the land can be eventually
reopened for public waterfront recreation.

Although owners of the Tonawanda Iron Wo 'rks Site have been
marketing the area with no success, the site does have potential
for development of a light industrial park or as the location for a
spin-off plant from a large area manufacturing concern. Although
the A.D. Little analysis has not urged the creation of new
industrial areas in Niagara County, the memoranda have indicated
the possible justification of one additional park site. The
combination of water, rail and truck access offered by the
Tonawanda Iron Works site, the availability of on site utilities
and its proximity to Canada may make the property attractive to
potential industrial park users. The cost per acre of the
Tonawanda Iron Works site, compared to other industrial propertv in
the market area, would establish the feasibility of this parcel as
a potential industrial park.

South of the Tonawanda Iron Works site to Wardell's Boatyard, a
waterfront commercial/marina district is proposed. This reflects
the character of the area located adjacent to the Little River and
the anticipated demand for the new boat slips.

Existing water-dependent uses to be maintained include the Bow and
Stern Marina, Smith Boys Marina, Wardell Boatyard and Spier's
Marina.

TV-13

The only new recreation opportunity suggested for this sub-area is
a Class I bikepath (i.e. bikepath separated from road) along River
Road. This would be a long term proposal (i.e. 7 to 15 years) and
feasible only if the Tonawanda Island Railroad were to be
abandoned.

The bikepath would utilize existing sidewalks along the Seymour
Street Bridge, while providing a direct connection to the Erie
County Riverwalk in the City of Tonawanda. In the City of North
Tonawanda the trail would run parallel to River Road until it
reaches the area near to the Smith Boy's Marina (River Road and
Thompson Street). The path would then utilize the existing
Tonawanda Island Railroad right-of-way to its termination at the
former Kopper's facility where a new right-of-way would be required
along River Road.

It should be stressed that the pursuit of this proposal should not
be undertaken in the short term. All efforts to utilize the
Tonawanda Island Railroad as an attraction to potential users of
vacant parcels along the River should be pursued. However, if
after a period of years the railroad becomes economically
unfeasible, the alternative recreational use of right-of-way should
be'considered.

Access to the bike route from adjacent residential neighborhoods
would be provided from local streets located perpendicular to River
Road. It is also proposed that finger extensions to the Niagara
Riverfront be provided as redevelopment occurs. For example, if
the Niagara Mohawk Power Corporation site is redeveloped for a
water-dependent or enhanced use, then an extension of the bikepath
from River Road to the water's edge should be incorporated into the
site design. The trail would also have the potential for linking
up with th% proposed bike system along the City of Niagara Falls
waterfront.

In determining alternative land uses, previous planning reports
were examined in light of current conditions. It was determined
.that the promotion of additional public open space along the River,
as recommended by the Regional Planning Board and the City's 1971
Master Plan, was no longer appropriate. As noted in the overview
of market conditions, the City can accormodate additional community
park needs elsewhere in the City.

Furthermore, the trail concept has been maintained but with a
recognition that site design and land use will ultimately determine
the potential for extending the route from River Road to the
water's edge. The concept of mixed use, as opposed to continuous
public open space, is also more appropriate in the City as the
mixed use concept will generate business that will improve economic
conditions. All opportunities to redevelop vacant and
underutilized waterfront parcels into revenue and job producing
enterprises must be given priority.

IV-14

2. TONAWANDA ISLAND: The former International Paper site on the
northern tip of the Island is recommended for water-dependent or
enhanced uses. Similar to the large vacant parcels along the
Niagara River, this 29 acre site should not be targeted for a
specific type of use given current market conditions. Maximum
flexibility must be the rule. The only restriction which should be
enacted are those that would ensure that eventual development be
part of a well designed, cohesive site plan, and be dependent or
enhanced by a waterfront location. The provision of public access
to the shoreline is a key factor.

The location of the property along the Little River and its
relative isolation from other more intensive uses may provide
opp6rtunities for residential developmento, However, the existing
transportation system, aesthetic appearance, and various rail
crossings on the Island would more than likely require major
improvements prior to obtainin.- any developer interest. As
mentioned earlier, the availability of on-site utilities, as well
as opportunities for linking boat slip space with residential
units, can serve as key inducements to future development.

An alternative to residential use of the site would be the
development of an industrial park. The area has transportation
access, utilities, and offers the potential for a creative
waterfront site design. The fact that vehicular access to the site
must utilize the two lane Thompson Street Bridge may, however,
limit attractiveness of the site for business development. At this
time, the very limited demand for new industrial park space in
Niagara County makes it unlikely that both this area and the
Tonawanda Iron Works site could be developed for industrial use.
Private developers and public economic development officials, in
conjunction with the City, should determine the most appropriate
location for new industrial use and pursue the recormendation
accordingly.

A final point regarding the northeastern area of Tonawanda Island
pertains to the potential for pedestrian linkage with the former
Tonawanda Iron Works site. In the event that two complementary
uses are developed for the parcels, a unique design feature could
include a pedestrian bridge over the Little River which would
connect the related uses and create an attraction by itself.

The remaining sections of the Island are recommended for marinas,
restaurants, and light industry. It should be stressed that
existing light industrial uses such as Tayco, Taylor Devices and
Tayco Technology would not be inconsistent with the recommended use
pattern. In addition, existing water-dependent uses on the Island
to be maintained include Smith Boys Marina, City's Water Treatment
Plant, Placid Harbor 11 Marina, and Inn On The River restaurant.

Finally, a public fishing area along the Little River is proposed
on property currently owned by Niagara County and used for fire
training. The public recreational use could occur during times

IV-15

when f ire training activities are not underway. The area would
provide the only onshore fishing spot along the Little River.

-The proposals for Tonawanda Island are consistent with those
proposed by the Regional Planning Board. Because of changing
market conditions, a variation from the City's 1971 Master Plan
proposal for the area was necessary. The latter designated the
entire site as suitable for heavy industry.

3. DOWNTOWN: Generally, the existing commercial activity is
proposed to continue throughtout the planning period. Existing
water-dependent or enhanced uses such as the City Boat Docks
and Packett Inn will be maintained. It is recommended that a
site within downtown be identified for use as a lumber museum.
This would complement current activities by the Carousel
Society of the Niagara Frontier and the Western New York
Railroad Historical Society to develop the Carousel Factory
Museum and a Rail Theme Walking Park both within a short
distance of the CBD and waterfront. Both initiatives are being
actively promoted by the City and area interest groups.

As noted in the Inventory and Analysis Section, the City has a
valuable heritage in the lumber industry, yet little attention
is focused on this part of the community's heritage. A
coopera-tive effort among the City, museum interest groups,
Chamber of Commerce, New York State, and Niagara County is
necessary to organize management, financial, site location, and
program strategies. The potential for drawing tourists from
outside the City, including those visiting Niagara Falls, to
the downtown area will certainly increase through such a
development. A museum "circuit" centered on the three themes
which represent the City's heritage would strongly complement
the $2.8 million public and private investment projected for
the downtown area.

A minor proposal for this sub-area includes designation of
Sweeney and Manhattan Streets as Class III bike routes (i.e.
bike signs only). Existing traffic volumes and road
conditions are adequate to accommodate shared roadway usage.
Such a route would be consistent with the New York State Barge
Canal and Trailway System. It would eventually link with the
Class I bike route along River Road. As the State trailway
system becomes fully developed, consideration should be given
to renovating a vacant downtown structure in the 1978 New York
State Recreation Plan. This would further the overall City
policy of channeling tourist, recreational and boating traffic
into the downtown area as a means of benefitting commercial
retail establishments.

4. BARGE CANAL - WEST: Existing use patterns are recommended to
continue during the program period. The key emphasis should be
placed on the following areas:

IV-16

a . Ensure that all State land adjacent to the Canal is
properly maintained and landscaped, thereby creating an
attractive visual environment, as well as providing public
access to the Canal edge.

b. Continue the present State policy relative to boathouse
permits. This should be supplemented by conditions placed
on each permit relative to maintenance which would then be
enforced by periodic State inspection.

C. Designate a site between Main Street and the Penn Central
Railroad bridge as a dockage area for an old packet boat
and/or canal barge. This would further supplement the
11museum circuit theme" noted in sub-section 3 (i.e.
Proposed Uses-Downtown Sub-area).

d. Continue the Class III bike route along Sweeney Street as
mentioned irr sub-section 3 for the downtown area.

e. As the area between the Twin Cities Memorial Highway and
the Penn Central Railroad bridge increases in usage, new
parking facilities should be provided. The use of shared
parking lots with DeGraff Memorial Hospital and the
Veteran's Legion Post should be pursued.

f. A linkage between the Barge Canal corridor and the linear
park leading to the Herschell. Building should be provided.
This could occur through signage from Sweeney Street onto
Vandervoort Street or by utilizing the abandoned Conrail
right-of-way which would provide a direct link between the
Canal and the ii near park.

Use of the abandoned rail right-of-way would only be
feasible if the NFTA decides not to extend the existing
rail transit line in the northtowns area. However, even if
a northtowns extension is planned, its construction would
not occur in the short term. As an interim use, the NFTA
should be urged to provide a low cost Class I trail on the
track bed until the line is under construction. In the
event that the Gcundry Street Post Office is expanded
eastward onto the abandoned track bed, the proposed Class I
trail would require a slight realignment in this area.

g. If NETA does not pursue a northtowns extention, the City
should pressure Conrail or NYSDOT to remove the old Erie-
Lackawanna Bridge and abutments. This creates visual
blight in the area and serves no useful purpose.

h. Maintain existing water related uses including State-owned
lands maintained by the City as parkland between the Canal
and Sweeney Street, as well as Hi-Skipper Marina and Sales.

IV-17

The recommendations for this sub-area are generally consistent
with the plans prepared by the Erie and Niagara Counties
Regional Planning Board and reinforce the New York State Barge
Canal Trailway system promoted by the New York State Office of
Parks, Recreation and Historic Preservation. Finally, the
tourist circuit concept outlined in the A. D. Little strategy
would certainly complement the proposals outline above.

5. BARGE CANAL - EAST: During the next 15 years it is expected
that existing use patterns will continue in this sub-area. The
vacant parcels on the landside of Sweeney Street will gradually
convert to low density residential development as demand for
new housing increases. With a limited market for such uses,
the conversion will not be rapid.

Other uses proposed for the sub-area are noted below:

a. Expand Mayor's Park to the east by adding the vacant 18
acre State-owned parcel. This will offset the high demand
at Mayor's Park, respond to the need for additional
community parkland, and offset the possible temporary loss
of Gratwick-Riverside Park.

b. As noted for the Barge Canal-West sub-area, ensure that all
State land adjacent to the Canal is properly landscaped and
maintained.

c. Continue the boathouse controls described for the Barge
Canal-West sub-area.

d. Provide improved parking facilities for the Service Drive
Launch Ramp and the adjacent park areas by designing an
attractive and well landscaped facility on property owned
by the North Tonawanda Housing Authority. This is
i=ediately east of the Service Drive Ramp.

e. Extend the Class III bike trail along Sweeney Street. A
connection can be made with the bicycle trail being
constructed in Erie County as part of the Ellicott Creek
flood control project at the East Robinson Bridge.

f. Maintain all existing water-dependent and enhanced uses
including Mayor's Park, Boys Club, Girl Scout Camp, Service
Drive Launch Ramp, Botanical Gardens, and State-owned but
City-maintained parkland between the Canal and Sweeney
Street.

g. Improve the existing Mayor's Park by relocating the
restrooms and the pavilion, controlling Canal bank erosion,
and installing a sanitary sewer system. Such improvements
have been estimated at $64,300 by the City Parks
Department.

IV-18

h. Improve the Botanical Gardens by renovating ihe boat ramp,
reconstructing the boat dock area, and improving the
parking facilities. The total cost has been estimated at
$67,000 by the City Parks Department.

It was determined that a public marina east of Mayor's Park, as
proposed by the Regional Planning Board, was no longer
appropriate. New marinas should be centralized along the
Little River. The compatibility of the area for such uses, as
well as the potential for economic spin-offs to adjacent
commercial districts make the Little River an ideal location
for the recreational boating activities. Other recommendations
are generally consistent with previous plans.

C. PROPOSED WATER USES

Existing water uses will be maintained, which include recreational
boating and fishing, and public water supply. Commercial shipping
within existing navigational channels will be permitted should any
new water-dependent industry locate along the waterfront which
requires water transportation. In addition, periodic dredging for
recreational boating and/or commercial shipping purposes will be
permitted subject to existing Federal and State Regulatory
requirements. Commercial barge traffic along the Barge Canal is
also a permitted water use.

IV-19

SECTION V

TECHNIQUES FOR LOCAL IMPLEKENTATION OF
THE PROGRAM
. 0

LOCAL LAWS AND REGULATIONS NECESSARY TO IMPLEMENT THE LWRP

The City of North Tonawanda has several mechanisms to implement the
LWRP. The following paragraphs describe techniques which will be used to
further implementation of the waterfront policies.

A. Existing Local Laws and Regulations

1. Flood Hazard Area Ordinance (Adopted 12/15181):
The purpose of the law is to mi@imize public and private losses
from flooding in areas designated as special flood hazard,areas.
The ordinance establishes general and specific standards for
construction techniques to be used within such areas.

The law implements the following policies:

(a) Policy 11A Re: Siting of Buildings to Minimize Property and
Personal Damage.

Section 42-14 sub-section D(l) prohibits encroachments,
including new construction, in the floodway. Although this
does not prohibit development within the entire flood hazard
area, it does prohibit new construction in floodways unless
certain conditions are met.

(b) Policy 14 Re: Construction of Erosion Protection Structures
In a Manner Which Ensures No Measurable Increase in Flooding.
Section 42-B requires a Development Permit before
construction can occur in special flood hazard areas. A
Development Permit requires certification by a registered
professional engineer or architect that proposed
floodproofing methods for non-residential structures would
meet the floodproofing criteria specified in the law.

Approval of permits by the City Engineer shall be based on
general and specific standards noted in Sections 42-13 and
42-14 respectively.

It should be noted that the minor erosion problems present in
the City are occurring in flood hazard areas.

Section 42-13 (General Standards) and 42-14 (Specific
Standards) contain detailed requirements applicable to all
construction proposed within special flood hazard areas.

(d) Policy 33 Re: Non-Point Source of Water Pollution. Section
42-13 sub-section C 92 includes a requirement that new or
replacement sanitary sewage systems be designed to

V-3

minimize the infiltration of flood waters into such systems.
Further, sewage systems should be designed to eliminate the
discharge of wastewaters into floodwaters.

2. Environmental Quality Review Law (1977): The purpose of the law
is to provide for an environmental review of City actions which
may have an effect on the environment.

The law implements the following policies:

(a) Policy 8 Re: Protection of Fish and Wildlife Resources from
Hazardous Wastes.

(b) Policy 11A Re: Siting of Buildings in Floodplains to
Minimize Property and Personal Damage.

(d) Policy 21 Re: Waterfront Recreation.

(e) Policies 23, 23A, 23B Re: Historic and Archaeological
Resource Protection.

(f) Policy 25 Re: Scenic Vistas of Local Significance.

(g) Policy 28 Re: Ice Management Practices.

(h) Policy 30, 30A, and 30B Re: Point Source Pollutant
Discharges.

(i) Policy 33, 33A and 37 Re: Non-Point Source Pollutant
Discharges.

(J) Policy 35 Re: Dredging and Dredge Spoil Disposal.

(k) Policy 38 Re: Water Quality

(1) Policies 39 and 39A: Solid and Hazardous Waste Disposal.

(m) Policy 42 Re: Air Quality.

The local environmental quality review law through Section 37-4
(i.e.Statement regarding effect of proposed action), Section 37-9
(i.e. Preparation of draft environmental impact statement) and
Section 37-15 (i.e. Written determination of findings), provides
necessary procedures and guidelines for reviewing the potential
environmental impact of specific actions.

For example, an action proposed within a flood hazard area would
be identified and its impact on, or potential damage to, personal
property noted.

3. Subdivision Regulations: The purpose of these regulations is to
insure the orderly, efficient, and economic development of the
City. This is carried out through preliminary and final review

V-4

of proposed plats by the City Planning Commission. This review
is designed to insure proper layout and construction of streets,
utility systems, drainageways, and related matters.

Subdivision regulations are important in order to implement the
following policy:

(a) Policy 33A Re: Best Management Practices to Control Sewer
Overflows into the Barge Canal via the Storm Sever System.

Section 4.109 includes certain design standards for drainage
improvements. These include determining the proper sizing of
drainage pipes,-and requiring an evaluation of the impact of new
developments on existing downstream drainage facilities.

Section 4.205 requires that storm sewerg be installed in all
sub-divisions.

4. Executive Law - Article 2B - City of North Tonawanda Emergency
Management Plan (adopted: 11/25/81): The purpose of the Plan is
to outline organizational responsibility, resource availability,
and emergency operational procedures within all departments in
the City in order to protect life, health, and property during a
natural or man-made disaster.

The law assists in implementing the following policies:

(a) Policy 11A Re: Flooding.

Evacuation procedures are detailed in the plan which would
apply to waterfront areas in cases of severe coastal storms.

5. Zoning Ordinance (adopted 12/21/59): The purpose of the -
Ordinance is to promote the public health, safety, and general
welfare of City residents. This is accomplished through the
establishment of various land use zones within the City and
accompanying regulations pertaining to land use type, bulk, and
location.

The ordinance assists in implementing the following policies:

(a) Policy IB Re: Revitalize the downtown area. The downtown
sub-area is zoned 'General Commercial' and 'Light
Manufacturing.' Sections 11 and 12 of the Ordinance permits
a variety of uses in these districts consistent with the
City's goals of revitalizing downtown as a retail and
employment center.

(b) Policy 2 Re: Facilitate the siting of water-dependent uses
on or adjacent to coastal waters; and Policy 2A Re:
Water-dependent uses along the Niagara River.

The Ordinance permits boat sales, rental, service and storage
at those locations along the Barge Canal where existing
marinas are located and along the entire length of the Little
River and Niagara River.

V-5

B. Additional Local Laws Adopted to Further Implementation of the LWRP.

1. Zoning Law revisions - Waterfront District: The Niagara River
and Tonawanda Island sub-area, as shown in Figure 6A, is
characterized by a wide variety of land uses. The f ormer
industrial zoning permitted virtually all uses with little
control on design, landscaping, minimum site development
requirements. In addition, the location of the area adjacent to
the Niagara River and Little River was not recognized by any
special regulatory requirements within the Ordinance.

In order to remedy this problem and also to insure that any
actions related to zoning within the Niagara River and Tonawanda
Island sub-areas are consistent with LWRP policies, a new
Waterfront District was enacted within the area noted as WD on
Figure 22A. The actual revision to the Ordinance is included in
Appendix B to this document.

This new district provides flexibility in allowing various types
of land uses which are either dependent on or enhanced by a
waterfront location, while excluding certain activities such as
junkyards, truck terminals, and dumps/slag piles. Principal uses
allowed for those properties having frontage on the Niagara River
are those which are water-dependent, such as marinas,
water-dependent industry, docks, boat launches, etc. In
addition, a variety of non-water-dependent uses are allowed
through special permit, provided that a public walkway along the
shoreline is provided, or that a water-dependent use is
established is conjunction with the primary use. A site plan is
also required for any new use or major expansion to an existing use
within this district. As part of the process, applicants will be
required to provide detailed site information (e.g. landscaping plan,
drainage contours, information on access, parking and loading areas)
for review by the City Planning Commission. All site plans must also
be consistent with the LWRP. The law implements the following
policies:

(a) Policies I and 1A Re: Revitalizing Vacant Parcels on
Tonawanda Island and along the Niagara River.

The district maintains a flexibility in permitted uses, while
providing a preference for water-dependent uses and requires
extensive documentation by the applicant regarding proper site
layout, compatibility of uses, maintenance of water views, etc.
This will begin to lay the framework for improving the physical
appearance of the area, thereby increasing the marketability of
many vacant parcels adjacent to the water's edge.

(b) Policies 2 and 2A Re: Encourage Water Dependent Uses
Adjacent to the Niagara River. Policies 2 and 2A Re:
Encourage Water Dependent Uses Adjacent to the Niagara River.

Primary uses will.be only those which are dependent on a
waterfront location.

v-6

0
Warne Ave. Legend

E
sidence
R2 General Re

R C Residence/ Restricted Business
Z
C2 General Commercial
M2 M1 Light Manufacturing

2 General Industrial
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WD Waterfront District
RIVER

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City of Tonawanda

City of North Tonawanda

Local Waterfront Revitalization Program
Figure 22A: PROPOSED ZONING N
A&

Stuarz I. Brown Associates

Legend Town of
Wheatfiteld
R1-1 Single Family Residence

R11-2 Single Family

.R2 General Residence

RC Residence/ Restricted Business

East Robinson Ct.

R1 -1

R2
U-

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City of Tonawanda Town Of Tonawanda

city North Tonawanda

Local Waterfront Revitalization Program
Figure 228: PROPOSED ZONING

Stuart 1. Brown Associates

The Planning Commission shall examine the proposed design and
function of all waterfront improvements, including erosion
protection structures, relative to their ability to carry out
their stated purposes.

(d) Policy 21C Re: Facilitate Recreation Boating on the Little
River.

See paragraph a (2) above.

(e) Policies 22 and 22A Re: Multiples Uses.
The Waterfront Zoning District will require
non-water-dependent shoreline uses to provide public access
along the Niagara River.

M Policy 25A Re: Protecting Scenic Vistas along River Road.

A review criterion for approving site plans will be
consistency with LWRP policies and more specifically, the
quality and maintenance of-views to the Niagara River.

(g) Policy 36A Re: Prohibiting the Storage of Petroleum and
Other Hazardous Materials adjacent to the Little River.

As all zoning actions in the Waterfront District will be
reviewed.-for consistency with LWRP policies, any proposed
storage activity adjacent to the Little River wIll be v-Uwed
in a negative light by the City Planning Commission.

(h) Policy 39A Re: Solid and Hazardous Waste Prohibition in
Coastal Zone.

Such uses are not permitted within the Waterfront District.

2. Local Waterfront Revitalization Program Consistency Law.

The LWRP Consistency Law requires all Type I and Unlisted actions
(as defined by the SEQRA implementation regulations) that would
be directly undertaken, a2proved, or funded, by the City to be
reviewed by the City Planning Commission for consistency with the
City of North Tonawanda LWRP. The Law further prohibits such
actions from being carried out, unless the lead agency finds and
certifies that the action is consistent with the policies and
purposes of LWRP. This applies equally to actions involving the
City Council and City agencies. By adoption of the local law,
the City Council is legally committing itself and its agents to
comply with the provisions of the LWRP.

The LWRP Consistency Law will assist in the implementation of all
of the local waterfront policies. All major actions proposed
within the waterfront area by City agencies will require

V-11

certification of their consistency with waterfront policies by
the lead agency prior to approval. See Appendix C for the text
of this local law.
OTHER PUBLIC AND PRIVATE ACTIONS NECESSARY TO IMP LEMENT THE LWRP

Reference should be made to Figure 23 which provides a blueprint for
implementing the City's LWRP over the next 15 years. The f ollowing
narrative provides more specific information about how each action
furthers the implementation of LWRP policies. This is further summarized
in Figure 24.

A. Local Government Actions Necessary to Implement the LWRP

1. Waterfront park improvements will be made at Fisherman's Park,
Mayor's Park, City Boat Docks, Botanical Gardens, and Service
Drive Launch Ramps. These were noted in Section IV. Such
improvements will aid in implementing Policy 9A (re: expand use
of recreational fish resources) by increasing fishing access
opportunities (e.g. reconstruction of boat docking and launch
area at Botanical Gardens).

2. Parking improvements at the City Boat Docks and Service Drive
Launch Ramps will assist in implementing Policy 19B (re: access
improvement to the two areas). In addition, the park renovation
activities at each park will certainly serve to implement Policy
19A (re: protect and maintain access to existing waterfront
parks).

As the proposed improvements all serve to enhance water
dependent recreation, their completion will aid in implementing
the uses at waterfront parks.

3. Bicycle routes are proposed in areas noted on Figures 20A and
20B and described in Section IV. The Class I facility off River
Road is proposed as a shared project with Niagara County while
the other facilities are recommended as City facilities.

The proposal will serve to implement Policy 1A (re:
revitalization of vacant parcels) by incorporating new
recreational uses into private redevelopment efforts. Policy
2A (re: providing for a mix of water related recreational uses
along the Little River) will also be implemented by the Class
I trail due to the bicycling and hiking activities which will
occur on the facility and which will be enhanced by the
location of the shoreline.

The bicycle/trail system will further increase public access to
waterfront parks, thereby implementing Policy 19A (re: protect
and maintain the types of access to existing waterfront parks).

As many of the large vacant parcels along the Niagara River
could be incorporated into the trail system through finger
extension, the proposal would also aid in implementing Policy
22A (re: multiple use of large, vacant parcels along Niagara
River).

V-t2

ESTIMATED
COST
(ORDER OF FUNDING
PROPOSAL LEAD AGENCY TIMETABLE MAGNITUDE) SOURCES

A. NIAGARA RIVER

1. Hazardous Waste Clean-up-
Gratwick-Riverside Area 1. Niagara Mohawk Power Corp. 1. 1988 - 1992 1. Unknown 1. -Federal Superfund
-NYS Environmental Bond
Act
-State Superfund
-Private

2. Redevelopment of Former Kopper's
Plant, Ashland Oil Property, and
Other Large, Vacant Parcels 2. Private 2. 1987 - 1990 2. Unknown 2. -Private

3. Redevelopment of Former Tonawanda
Iron Works Site 3. Private 3. 1987 - 1990 3. $13,000,000* 3. -Private
-Federal Economic Assis-
tance Programs
-U.S. Environmental Pro-
tection Agency - Infra-
structure Program
-NYS Department fo
Environmental Conserva-
tion Infrastructure Pro-
grams

4. Hazardous Waste Clean-up
Occidental - Durez 4. Occidental Corp. 4. 1988 - 1992 4. Unknown 4. -See #1

Figure 23 IMPLEMENTATION BLUEPRINT

*Estimated cost of commercial development. Othe development options (e.g. residential) would alter cost.

ESTIMATED
COST
(ORDER OF FUNDING
PROPOSAL LEAD AGENCY TIMETABLE MAGNITUDE) SOURCES

5. Fisherman's Park Improvements 5. City of No. Tonawanda 5. 1987 - 1990 5. $55,000 5. -Federal Dingell - Johnson Fund
-NYS Coastal Management
-NYS Aid to Local Governments
-City of No. Tonawanda

6. Class I Bicycle Path 6. City of No. Tonawanda/ $100,000-
Niagara County 6. 1995 - 2000 6. $500,000 6. -Federal Aid to Urban Systems
Programs
-Federal Land and Water Con-
servation Fund
-Niagara County
-City of No. Tonawanda

7. Waterfront District- Zoning Change 7. City of No. Tonawanda 7. 1987 7. N/A 7. N/A

7a. Implementation of an Industrial Pre-
treatment Program at City STP 7a. City of No. Tonawanda 7a. Underway 7a. $75,000 7a. City of No. Tonawanda

7b. Implementation of Final Composite
Corrective Plan for City SIP 7b. City of No. Tonawanda 7b. 1987 7b. $1,000 7b. City of No. Tonawanda

B. TONAWANDA ISLAND

8. Waterfront District - Zoning Change 8. See #7 8. 1987 8. N/A 8. N/A

9. Fishing Access Facility 9. City Of No. Tonawanda/
Niagara County 9. 1987 - 1990 9. $100,000 9. -Federal Dingell - Johnson Fund
-NYS Environmental Bond Act
-NYS aid to Local Governments
-Niagara County
-City of No. Tonawanda

Figure 23 IMPLEMENTATION BLUEPRINT

*Assumes no land acquisition

ESTIMATED
COST
(ORDER OF FUNDING
PROPOSAL LEAD AGENCY TIMETABLE MAGNITUDE) SOURCES

10. Tonawanda Island - Site Rede-
velopment Plan 10. City of No. Tonawanda 10. 1987 - 1990 10. $35,000 10. -NYS Coastal Management
-WNY Economic Development
Corporation
-NYS Aid to Local Govern-
ments
-City of No. Tonawanda

11. Marina Expansion 11. Smith Boys Marina, Inc. 11. 1987 - 1990 11. Unknown 11. -Private

C. DOWNTOWN

12. DownTOWN Redevelopment 12. City of No. Tonawanda 12. 1987 - 1990 12. $2,744,900 12. -Federal Small Cities Prog.
-Private
-City of No. Tonawanda

13. Class III - Bike Path
(Coundry-Manhattan-Sweeney) 13. City of No. Tonawanda 13. 1995 - 2000 13. $2,000 13. -City of No. Tonawanda

14. Sweeney St. Docks - Completion 14. City of No. Tonawanda 14. 1987 14. $30,000 14. -NYS Aid to Local Govern-
ments

D. BARGE CANAL - WEST

15. Lumber Hill Museum 15. Private, Not-for-Profit 15. 1990 - 2000 15. Unkown 15. -Private
Organization -WNY Economic Development
Corp.
-Niagara County
-City of No. Tonawanda

Figure 23 IMPLEMENTATION BLUEPRINT

ESTIMATED
COST
(ORDER OF FUNDING
PROPOSAL LEAD AGENCY TIMETABLE MAGNITUDE) SOURCES

16. Erie Canal Boat Dockage 16. Private, Not-for-Profit 16. 1990 - 2000 16. Unknown 16. -WNY Economic Development
Organization Corporation
-Niagara County
-City of No. Tonawanda
-Private

17. Class I and III Bicycle Path 17. City of No. Tonawanda 17. 1990 - 2000 17. $50,000 - $85,000* 17. -Federal Land and Water
System with Connector to NFTA Conservation Fund
Herschell Carousel Museum -NYS Aid to Local Govern-
ments
-NFTA
-City of No. Tonawanda

18. Landscaping Improvements - 18. New York State 18. 1987 - 1990 18. $5,000 18. NYS Department of Trans-
Along Canal Bank portation - Canal Main-
tenance Program

19. Canal Sign System 19. City of No. Tonawanda 19. 1987 - 1990 19. $500 - $1,000 19. -City of No. Tonawanda
-Niagara County
-NYS Aid to Local Gorvern-
ments

20. Increased Parking Access
DeGraff and Other Private Lots 20. City of No. Tonawanda 20. 1990 - 2000 20. Unknown 20. City of No. Tonawanda

Figure 23 IMPLEMENTATION BLUEPRINT

*Does not include land acquisition

ESTIMATED
COST
(ORDER OF FUNDING
PROPOSAL LEAD AGENCY TIMETABLE MAGNITUDE) SOURCES

21. Mayor's Park Improvements 21. City of No. Tonawanda 21. 1987-1990 21. $64,300 21. -NYS Aid to Local Govern-
ments
-NYS Coastal Management
-City of No. Tonawanda

22. Service Drive Launch -
Parking Improvements 22. City of No. Tonawanda 22. 1987 - 1990 22. $22,000 22. See #5

23. Mayor's Park Expansion 23. City of No. Tonawanda 23. 1990 - 2000 23. $300,000- 23. -Federal Land and Water
$500,000 Conservation Fund
-NYS Coastal Management
Program
-City of No. Tonawanda

24. Class III Bicycle Trail 24. City of No. Tonawanda 24. #17 24. $15,000 24. -NYS Aid to Local Govern-
ments

25. Canal Sign System 25. See #19 25. #19 25. #19 25. #19

26. Botanical Gardens Improvements 26. City of No. Tonawanda 26. 1987 - 1990 26. $67,000 26. See #21

F. ALL AREAS

27. Environmental Quality Review 27. City of No. Tonawanda 27. 1987 27. NA 27. NA

28. Program for Canal Events 28. Chamber of Commerce 28. 1988 28. $30,000 (annual) 28. -WNYEDC
-City of No. Tonawanda
-City of Tonawanda
-Erie County
-Niagara County
-Private
FIGURE 23 IMPLEMENATION BLUEPRINT

POLICY LOCAL ACTIONS

1. Policy I Waterfront Redevelopment 1. See #2. #3

2. Policy IA Hedevelop Large, Vacant Parcels in 2. Waterfront Zoning District, Environmental Quality Review LA
Niagara River and Tonawanda Island Tonawanda Island - Site Redevelopment; Hazardous Waste
Sub-areas Clean-up; Private Redevelopment Efforts; Expansion of
Smith Boys Marina

3. Policy IB Revitalize Downtown 3. Environmental Quality Review Law; Federal Small Cities
Program; City Docks Project; Development of Lumber
Museum; Canal Boat Replica; Program for Canal Events
Zoning Ordinance

4. Policy 2 Water Dependent Uses 4. See #5; Zoning Ordinance

5. Policy 2A Water Related Uses - Adjacent to Niagara 5 .' Waterfront Zoning District; Environmental Quality Review
River Law; Bicycle Route Proposals; New Fishing Access Facility

6. Policy 3 Develop State's Major Tkirts 6. State Implementation
7. Policy 4 Strengthen Smaller Harbor Areas 7. 11ot Applicable

Policy 5 Locate Development in Areas with 8. Environmental Quality Review Law; PrLvate Redev elopment
Public Services Efforts

Figure 2.1
POLICY IMPLEMENTATION - LOCAL ACTIONS

POLICY LOCAL ACTIONS

9. Policy 6 Expedite Permit Procedures 9. Environmental Quality Review Law and Waterfront Zoning District
10. Policy 7 Protect Significant Fish and Wildlife 10. Not Applicable
11. Policy 8 Protect Fish and Wildlife from Pollutants 11. Environmental Quality Review Law; Hazardous Waste Clean-up
12. Policy 9 Expand Recreational Use of Fish 12. See #13
Resources

13. Policy 9A Expand Recreational Use of Fish Re- 13. Environmental Quality Review Law; Waterfront Park Improvements;
sources in Niagara River. Barge Canal- New Fishing Access Facility; Hazardous Waste Clean-up
East Sub-area, and Little River
14. Policy 10 Commercial Fishing 14. Not Applicable
15. Policy 11 Flood Protection 15. Not Applicable
16. Policy 11A Flood Protection In Special Flood 16. Flood Hazard Law; Environmental Quality Review Law; City
Hazard Areas Emergency Management Plan

17. Policy 12 Natural Protective Features 17. Not Applicable

18. Policy 13 Erosion Protection Structures - Design 18. Not Applicable

19. Policy 14 Prevent Increase in Flooding and 19. Flood Hazard Law; Waterfront Zoning District; Environ-
Erosion from Erosion Protection Struc- mental Quality Review Law
tures

20. Policy 15 Mining, Excavation, Dredging 20. Environmental Quality Review Law

Figure 24
POLICY IMPLEMENTATION - LOCAL ACTIONS

POLICY LOCAL ACTIONS

21. Policy 16 Public Funds for Erosion Protection 21. City Budgetary Policy; Environmental Quality Review Law
Structures
22. Policy 17 Non-Structural Flood and Erosion Pro- 22. Flood Hazard Law; Environmental Quality Review Low
tection Measures

23. Policy 18 Safeguard Vital Interests of State 23. State Implementation
24. Policy 19 Public Access 24. See #25. #26
25. Policy 29A Maintain Access to City Waterfront Parks 25. Environmental Quality Review Law; Waterfront Park Improvanents;
Bicycle Route Proposals; Canal Signage System
26. Policy 1911 Improve Access to Service Drive Ramps 26. Environmental C)uality Review Law; Waterfront Park Improvenients;
and City Docks City Docks Pniject
27. Pol icy 20 Access to the Publicly Owned Foreshore 27. Environmental Quality Review Law
28. Policy 22 Water Dependent Recreation 28. 029, #30. V31. #32
29. Policy 21A Priority to Water Dependent Recreation 29. Environmental Quality Review Law; Waterfront Park Improvements
at City Waterfront Parks
30. Policy 21B Encourage Water Dependent Uses at 30. Environmental Quality Review Law; New Fishing Access Ncility
Fire Training Tower
31. Policy 21C Recreation Boating - Little River 31. Environmental Quality Review Law; Waterfront Zoning District
32. Policy 21D Provide Water Enhanced Recreation on 32. Environmental Quality Review Law;-Expansion of Mayor's Park
Vacant State Land within Barge Canal
East Sub-area

Figure 2,1

POLICY IMPLEIfENTATION LOCAL ACTIO14S

POLICY LOCAL ACTIONS

33. Policy 22 Multiple Use 33. see #34
34. Policy 22A Multiple Use of Large. Vacant Parcels 34. Waterfront Zoning District; Enmironmental Qjality.Review Law;
Bicycle Route Proposal; Private Redevelopment Efforts
35. Policy 23 Historic and Scenic Resources 35. See 036, 037, #38
36. Policy 23A Protect Riviera Theatre 36. Environmental "rQual-ity Review Law
37. Policy 23B Archaeological Sites 37. Environmental Quality Review Law
38. Policy 23C Enhance Lumber Milling Heritage 38. Environmental Qxality Review Law; Development of Lumber Museum
39. Policy 24 Scenic Resources - State Significance 39. Not Applicable
40. Policy 25 Natural and Man-made Resources - Local 40. See #41
Significance
41. Policy 25A Protect Scenic Vistas Along Sweeney 41. Environmental Quality Review Law; Waterfront Zoning District;
Street and River Road Canal Signage System

42. Policy 26 Agricultural Protection 42. Not Applicable

43. Policy 27 Energy Facilities 43. State Implementation

44. Policy 28 Ice Management 44. Environmental Quality Review Law

45. Policy 29 Development of Energy Resources 45. State Implementation

46. Policy 30 Water Pollution - Point Source 46. See #47 #48

47. Policy 30A Point Source Pollution - Sewage Treat- 47. Environmental Qjality Review Law, Industrial Pre-Treaunent
ment Plant Program; Final Composite Corrective Plan for STP

Figure 2.1
POLICY IMPLDiENTATION LOCAL ACTIONS

POLICY LOCAL ACTIONS

48. Policy 30B Point Source Pollution Occidental- 48. Environmental qiality Review taw
Durez. Battenfeld Grease and Oil

49. Policy 31 Coastal Water Classifications and Water 49. State Implementation
Quality Standards

50. Policy 32 Alternative Sanitary Waste Systems 50. Not Applicable

51. Policy 33 Storm Water Runoff and Combined Sewer 51. See #52
Overflows

52. Policy 33A Sewer Overflows - Barge Canal Area 52. Environmental qtality Review Wv-. Subdivision Regulations;
Flood Hazard Ordinance

53. Policy 34 Discharge of Waste from Vessels 53. State Implementation

54. Policy 35 Dredging 54. Environmental Qual I ty Review Law

55. Policy 36 Shipment and Storage of Petroleum and 55. See #56
Hazardous Materials

56. Policy 36A Prohibit Storage of Petroleum and 56. Waterfront Zoning District
Hazardous Materials In all Areas Except
Sections of Niagara River Sub-area
Bordering Niagara River

57. Policy 37 Mon-Point Source of Water Pollution 57.. Environmental Quality Review Law
58. Policy 38 Water Quality 58. Environmental Quality Review Law, Industrial Pre-Treatment
Program; Final Composite Corrective Plan for STP;
Hazardous Waste Clean-up
59. Policy 39 Solid and Hazardous Waste Disposal 59. See #60

Figure 2.1
POLICY IMPLEMENTATION LOCAL ACTIONS

LOCAL ACTIONS
POLICY

60. Policy 39A Prohibit Solid and flazardous Waste 60. Environmental Qx1lity neview, Law; Waterfront Zoning District
Disposal in Coastal Zone

61. Policy 40 Industrial Effluent 61. State Implementation

62. Policy 41 Air Quality 62. Environmental qiality [U-,view Low

63. Policy 42 Land Area Reclassification Due to Air 63. Not Applicable
Quality Change

64. Policy 43 Acid Rain 64. State Implementation

65. Policy 44 Wetland Protection 65, Not Applicable

Figure 2-1
POLICY IMPLEMENTATION LOCAL ACTIONS

4. A new fishing access facility on Tonawanda Island in the
vicinity of the Niagara County Fire Training Center (see Figure
20A) would include fishing overlooks, 270 linear feet of pier
space vertical to the Little River and parking for 20
automobiles. A cooperative agreement would need to be worked
out with Niagara County.

With new fishing access opportunities for the public on the
Little River, the action would aid in implementing Policy 9A
(re: expand use of recreational fish resources), Policy 21B
(re: encourage water dependent recreation at the Niagara Couiqty
Fire Training Center), and Policy 2A (re: provide for a mix of
water related uses along the Little River).

5. An additional local proposal for the LWRP is the develQpment of
a Tonawanda Island-Site RedevelODment Plan. The City-sponsored
undertaking would produce a solid action plan for improving
circulation, utility placement and the aesthetic character of
the Island. Such a plan would serve to implement Policy 1A
(re: revitalization of Tonawanda Island) by setting the
framework for physical improvements to the Island. The latter,
if carried out, would improve the marketability of the area for
new development, increase land values and expand the local tax
base.

6. The City should continue the downtown redevelopment efforts
initiated in recent years utilizing a variety of potential
sources of revenue. This wilk continue the implementation of
Policy 1B (re: revitalize the City's downtown area).

7. Completion of the City Docking Facilities in 1987 will also aid
in the implementation of Policy 1B (re: revitalize the City's
downtown area) by providing good lighting service to the area.

8. A Canal Sian Svstem coordinated with a similar system for the
downtown area is proposed for Sweeney Street. This would
create a unified corri@or to inform motorists and bicyclists,
about parks, boat launch areas, restaurants, scenic views and
direct people using Sweeney Street to City attractions located
away from the Canal (e.g. Carousel Museum). A good example of
such a sign system is located along the Niagara River parkway
in Canada between Fort Erie and Niagara On-the-Lake.

Such a system would aid in implementing policy 25A (re:
protecting scenic vistas along Sweeney Street) by drawing
attention to the visual quality of the area and construction
attractive informational signs that blend into the physical
character of the Sweeney Street area.

9. Parking improvements along Sweeney Street as noted in Section
IV, would also aid in implementing Policy 25A by centralizing
parking in specific areas north of Sweeney Street. This would
eliminate the random parking which presently occurs on State-
owned land south of the road which not only blocks views, but
also creates an unsightly environment.

V-35

The proposal would also aid in carrying out Policy 19A (re:
protect and maintain access to State owned recreation areas along
Barge Canal). Increasing the availability of parking spaces at
convenient locations would make the Barge Canal waterfront more
accessible to area residents.

10. The expansion of Mayor's Park to the east on 18 acres of land
as described in Section IV, would directly implement Policy 21D
(re: water enhanced recreation will be provided on vacant State
land in the Barge Canal East sub-area). The additional acreage
would provide for an increase in picnic facilities and other
passive recreation pursuits.

11. Implementation of an Industrial Pre-treatment Program, as
required by the "Order On Consent" issued by the New York State
Department of Environmental Conservation (DEC) at the sewage
treatment plant will further the implementation of Policy 30A
(re: discharge of pollutants at the sewage treatment plant
shall conform to all State and Federal standards) and Policy 38
(re: protect surface water quality). The local program will
establish methods to discharge into the municipal system. This
is intended to protect the system, as well as limit damage to the
environment that may occur from such discharges.

12. Implementation of the Final Composite Corrective Plan for the
Sewage Treatment Plant as required in the Consent Order from the
DEC will also aid in implementing Policy 30A and Policy 38 as
noted in paragraph (k) above. The Plan was submitted to the DEC
in April 1986 and outlined remedial measures to occur at the
plant which would bring the facility into compliance with
existing State and Federal water quality laws.

13. A comprehensive, aggressive Program for Canal Events should be
pursued. The Cities of North Tonawanda and Tonawanda should
serve 'as the initial organizing forces. The major purpose of
this recommendation is to attract more people to the downtown
area through a series of annual Canal events. Current examples
presently include Canalfest and the Boat Show. These can
certainly be expanded to include art shows and farmer's markets
along the Canal banks, antique boat parades, tall ship visits,
and other attractions. A brochure is being developed for the
1986 Canal Fesc to inform people of the many assets and
attractions in the Tonawandas.

The Chamber of Commerce of the Tonawandas could expand this
part of its annual work program. If funds were available, a
part time staff person could be assigned solely to work on an
intensive promotional program. The Chamber's jurisdiction on
both Cities, as well as its extensive contacts with downtown
merchants would make this expanded promotional program a viable
initiative.

A possible extension of the Chamber's role in the promotion of
the Canal would direct technical assistance to the City or

V-36

other non-profit corporations in developing a Lumber Mill
Museum and permanent dockage of a canal packet boat along the
waterway.

Financial assistance from both Cities more than likely would be
necessary during the initial organizational years to offset
salary, and promotional costs. However, as the events become
successful, certain fees could be charged to vendors
participating in the program (e.g. arts and crafts show display
fees) to help pay the administrative costs.

B. Private Actions Necessary to Implement the UTRP

1. Hazardous Waste Clean-UD in the Gratwick-Riverside Area, as well
as the Occidental Durez Waste Site Areas by Niagara Mohawk Power
Corporation and Occidental Chemical Corporation, respectively,
will aid in implementing Policy 1A (re; revitalize vacant Niagara
Mohawk Power Corporation site). It is hoped that the eventual
site clean-up will permit private redevelopment of the parcel.

Private action will also aid in carrying out Policy 8 (re:
protect fish resources from hazardous wastes) by eliminating
contaminant migration into the fishery food chain. Policy 9A
(re: expand recreational use of fish resources in the Little
River and Niagara River) will also be served by the above
action. The site clean up should improve water quality, thereby
increasing the viability of the local fishery.

Finally, Policy 38 (re: quality of surface and groundwater will
be conserved and protected) will be furthered by site clean up.
Off-site migration to the Niagara River of contaminants would be
eliminated and contained by the action.

2. Private redevelo2ment of the former KoDDer's Plant, former
Tonawanda Iron and Steel Parcel, Ashland Oil Property, former
International PaDer Plant Site, and other large vacant Darcels
in the Niagara River and Tonawanda Island sub-areas will
further implementation of Policy 1A (re: waterfront
redevelopment) , Policy 5A (re: locate new development in areas
having existing public services) , and Policy 22A (re:
incorporate multiple use design into private redevelopment
proposals).

3. Expansion of Smith Boys Marina on Tonawanda Island will assist
in carrying out the same policies noted in paragraph (b) above.
In addition, such an expansion would further the implementation
of Policy 1A (re: revitalize vacant parcels on Tonawanda
Island) by possibly coordinating slip space rental with new
waterfront housing on the northern tip of the Island. The
latter parcel is also owned by Smith Boys, Inc.

4. Development of a Lumber Museum, as noted in Section IV, by a
private, not-for-profit organization would further Policy 1B (re:
revitalize the downtown area) by attracting area residents and

V-37

tourists to the proposed downtown museum. An infusion of
additional spending dollars to the CBD would further complement
other downtown redevelopment projects underway.

The proposal would also implement Policy 23C (re: enhance the
City's heritage as a lumber milling center). A regional museum
containing historical documents, period facsimiles and other
items reflecting the lumber mill activity in the area during
the late 1800's would educate people about the significance of
the industry to area development.

5. Permanent location of a Replica of an Old Erie Canal Packet
Boat or other type of Canal Barge in the Barge Canal, at a
general location shown in Figure 20A would also assist in
implementing Policy 13 (re: downtown redevelopment) for the same
reasons noted in paragraph d. This proposal could possibly be
pursued by the same organizations that would undertake the Lumber
Mill Museum.

It should be noted that although the Lumber Mill Museum and Canal
Boat proposals are suggested for implementation by the private
sector, it is important for the City to assume the role of
coordinator. The City should initiate the concept by bringing
together area historical societies, the Chamber of Commerce and
the downtown merchant's organization as well as County and State
Officials to deter-mine proper organizational strategies. The
City should remain in the forefront of initial organizational
efforts until a management plan is prepared and agreed to by
participating organizations. Some local funds may be necessary
tolunderwrite land/building acquisition or development costs,
etc.

III. MANAGUHENT STRUC=- E NECESSARY TO IMPLEM'ENT THE LW-R?

A. Lead Agency and Local Official: The City Council shall be
considered the lead agency for managing the LWRP, while the Mayor
will be the local official responsible for overall program
coordination within the City government.

B. Implementation Responsibilities: The following provides a brief
overview of how various City agencies, boards and commissions will
be involved in LIWRP implementation.

1. Mayor's Office: As lead local official, the Mayor will be
responsible for directing City agencies to utilize the LWRP in
their actions, including zoning and environmental reviews, as
well as initiating those other local actions necessary for L'WRP
implementation.

2. City Council: In its role as lead agency for environmental
reviews, the Council shall be responsible for certifying the
consistency of Type I or unlisted actions with the LWRP. City
Council will also provide the capital funding as required to
carry out those actions which are the responsibility of the
City to implement.

V-38

3. City Engineer: The Engineer shall be responsible for
administering the Flood Hazard Ordinance and the Environmental
Quality Review Law. Both ordinances require implementation in
a manner that is consistent with the LWRP.

4. City Building Inspector: Responsibilities shall include
enforcing the provisions of the Zoning Ordinance. The Building
Inspector shall also assist the Zoning Board of Appeals in
reviewing proposed zoning actions for consistency with the LWRP.

5. Planning Commission: Responsibilities include review of Type 1
and unlisted actions for consistency with the LWRP pursuant to
provisions of the LWRP Consistency Law. Review recommendations
will be submitted to the appropriate lead agency for their
consideration in certifying the actions consistency with the
LWRP. The Planning Commission will also review and, where
appropriate, approve site plans submitted for uses in the
Waterfront District. A major review criterion will be
consistency with the LWRP.

C. Local Consistency Procedures: Reference should be made to Appendix
B (i.e. Zoning Ordinance Amendments) and Appendix C, (i.e. Proposed
Environmental Quality Review Law) Page b-vii.

D. Local Procedures for.Review of Proposed Actions Involving State and
Federal Consistency Determinations.

Notification of State and Federal action to be undertaken within the
City's Waterfront area will be referred to the City Planning
Commission for review. Such reviews will be undertaken in accordance
with procedures established by the New York State Department of
State. See Appendix D for a detailed description of such procedures.

TV FINANCIAL RESOURCES NECESSARY TO IMPLENMIT THE LW`RP

Reference should be made to Figure 23 for a summary of the cost, funding
source, and ti=etable for LWRP implementation.

V-39

0 1

SECTION VI

STATE AND FEDERAL ACTIONS AND
0 PROGRAMS LIKELY TO AFFECT IMPLEIMMATION

State and Federal actions will affect and be affected by implementation
of the LW`RP. Under State law and the U.S Coastal Zone Management Act,
certain State and Federal actions within or affecting the local waterfront
area must be "consistent" or "consistent to the maximum extent practicable"
with the enforceable policies and purposes of the LWRP. This consistency
requirement makes the LWRP a unique, intergovernmental mechanism for
setting policy and making decisions and helps to prevent detrimental
actions from occurring and future options from being needlessly foreclosed.
At the same time, the active participation of State and Federal agencies is
also likely to be necessary to implement specific provisions of the LWRP.

The first part of this section identifies the actions and programs of
State and Federal agencies which should be undertaken in a manner
consistent with the LWRP. This is a generic list of actions and programs,
as identified by the NYS Department of State; therefore, some of the
actions and programs listed may not be relevant to this LWRP. Pursuant to
the State Waterfront Revitalization and Coastal Resources Act (Executive
Law, Article 42), the Secretary of State individually and separately
notifies affected State agencies of those agency actions and programs which
are to be undertaken in a manner consistent with approved LW`RPs.
Similarly, Federal agency actions and programs subject to consistency
requirements are identified in the manner prescribed by the U.S. Coastal
Zone Management Act and its implementing regulations. The lists of State
and Federal actions and programs included herein are informational only and
do not represent or substitute for the required identification and
notification procedures. The current official lists of actions subject to-
State and Federal consistency requirements may be obtained from the NYS
Department of State.

The second part of this section is a more focused and descriptive list
of State and Federal agency actions which are necessary to further
implementation of the LWRP. It is recognized that a State or Federal
agency's ability to undertake such actions is subject to a variety of
factors and considerations; that the consistency provisions referred to
above, may not apply; and that the consistency requirements can not be used
to require a State or Federal agency to undertake an action it could not
undertake pursuant to other provisions of law. Reference should be made to
Section IV and Section V. which also discuss State and Federal assistance
needed to implement the LWRP.

VI-3

A. State and Federal Actions and Programs Which Should Be Undertaken in a
Manner Consistent with the LWRP

1. State Agencies

OFFICE FOR THE AGING

1.00 Funding and/or approval programs for the establishment of new
or expanded facilities providing various services for the
elderly.

DEPARTMENT OF AGRICULTURE An MARKETS

1.00 Agricultural Districts Program.

2.00 Rural development programs.

3.00 Farm worker services programs.

4.00 Permit and approval programs:

4.01 Custom Slaughters/Processor Permit
4.02 Processing Plant License
4.03 Refrigerated Warehouse and/or Locker Plant License

DIVISION OF ALCOHOLIC BEVERAGE CONTROL/STATE LIQUOR AUTHORITY

1.00 Permit and approval programs:

1.01 Ball Park - Stadium License
1.02 Bottle Club License
1.03 Bottling Permits
1.04 Brewer's Licenses and Permits
1.05 Brewer's Retail Beer License
1.06 Catering Establishment Liquor License
1.07 Cider Producer's and Wholesaler's Licenses
1.08 Club Beer, Liquor,.and Wine Licenses
1.09 Distiller's Licenses
1.10 Drug Store, Eating Place, and Grocery Store Beer
Licenses
1.11 Farm Winery and Winery Licenses
1.12 Hotel Beer, Wine, and Liquor Licenses
1.13 Industrial Alcohol Manufacturer's Permits

VI-4

1.14 Liquor Store License
1.15 On-Premises Liquor License
1.16 Plenary Permit (Miscellaneous-Annual)
1.17 Summer Beer and Liquor Licenses
1.18 Tavern/Restaurant and Restaurant Wine Licenses
1.19 Vessel Beer and Liquor Licenses
1.20 Warehouse Permit
1.21 Wine Store License
1.22 Winter Beer and Liquor Licenses
1.23 Wholesale Beer, Wine, and Liquor Licenses

DIVISION OF ALCOHOLISIM AND ALCOHOL ABUSE

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

2.00 Permit and approval programs:
2.01 Letter Approval for Certificate of Need
2.02 Operating Certificate (Alcoholism Facility)
2.03 Operating Certificate - Community Residence
2.04 Operating Certificate (Outpatient Facility)
2.05 Operating Certificate (Sobering-Up Station)

COUNCIL ON THE ARTS

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.
2.00 Architecture and environmental arts program.

DEPARTMENT OF BANKING

1.00 Permit and approval programs:
1.01 Authorization Certificate (Bank Branch)
1.02 Authorization Certificate (Bank Change of Location)
1.03 Authorization Certificate (Bank Charter)
1.04 Authorization Certificate (Credit Union Change of
Location)
1.05 Authorization Certificate (Credit Union Charter)
1.06 Authorization Certificate (Credit Union Station)
1.07 Authorization Certificate (Foreign Banking Corporation
Change of Location)
1.08 Authorization Certificate (Foreign Banking Corporation
Public Accommodations Office
1.09 Authorization Certificate (Investment Company Branch)
1.10 Authorization Certificate (Investment Company Change of
Location)
1.11 Authorization Certificate (Investment Company Charter)
1.12 Authorization Certificate (Licensed Lender Change of
Location)
1.13 Authorization Certificate (4utual Trust Company
Charter)

VI-5

1.14 Authorization Certificate (Private Banker Charter)
1.15 Authorization Certificate (Public Accommodation Office
- Banks)
1.16 Authorization Certificate (Safe Deposit Company Branch)
1.17 Authorization Certificate (Safe Deposit Company Change
of Location)
1.18 Authorization Certificate (Safe Deposit Company
Charter)
1.19 Authorization Certificate (Savings Bank Charter)
1.20 Authorization Certificate (Savings Bank De Novo Branch
Office)
1.21 Authorization Certificate (Savings Bank Public
Accommodations Office)
1.22 Authorization Certificate (Savings and Loan Association
Branch)
1.23 Authorization Certificate (Savings and Loan Association
Change of Location)
1.24 Authorization Certificate (Savings and Loan Association
Charter)
1.25 Authorization Certificate (Subsidiary Trust Company
Charter)
1.26 Authorization Certificate (Trust Company Branch)
1.27 Authorization Certificate (Trust Company-Change of
Location)
1.28 Authorization Certificate (Trust Company Charter)
1.29 Authorization Certificate - (Trust Company Public
Accommodations Office)
1.30 Authorization to Establish a Life Insurance Agency
1.31 License as a Licensed Lender
1.32 License for a Foreign Banking Corporation Branch

DEPARTMENT OF COK%IERCE

1.00 Preparation or revision of statewide or specific plans to
address State economic development needs.

2.00 Allocation of the state tax-free bonding reserve.

DEPARTMENT OF CORRECTIONAL SERVICES

1.00 Facilities construction, rehabilication, expansion, or
demolition or the funding of such activities.

DORMITORY AUTHORITY OF THE STATE OF NEW YORK

1.00 Financing of higher education and health care facilities.

2.00 Planning and design services assistance program.

VT-6

EDUCATION DEPARTMENT

1.00 Facilities construction, rehabilitation, expansion,
demolition or the funding of such activities.

2.00 Permit and approval programs:

2.01 Certificate of Incorporation (Regents Charter)
2.02 Private Business School Registration
2.03 Private School License
2.04 Registered Manufacturer of Drugs and/or Devices
2.05 Registered Pharmacy Certificate
2.06 Registered Wholesaler of Drugs and/or Devices
2.07 Registered Wholesaler-Repacker of Drugs and/or Devices
2.08 Storekeeper's Certificate

ENERGY PLANNING BOARD AND ENERGY OFFICE

1.00 Preparation and revision of the State Energy Master Plan.

NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

1.00 Issuance of revenue bonds to finance pollution abatement
modifications in power-generation facilities and various
energy projects.

DEPARTMENT OF ENVIRONM ENT AL CONSERVATION

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of lands under the
jurisdiction of the Department.

2.00 Classification of Waters Program; classification of land
areas under the Clean Air Act.

3..00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

4.00 Financial assistance/grant programs:

4.01 Capital projects for limiting air pollution
4.02 Cleanup of toxic waste dumps
4.03 Flood control, beach erosion and other water resource
projects
4.04 Operating aid to municipal wastewater treatment
facilities
4.05 Resource recovery and solid waste management capital
projects
4.06 Wastewater treatment facilities

5.00 Funding assistance for issuance of permits and other
regulatory activities (New York City only).

VI-7

6.00 Implementation of the Environmental Quality Bond Act of 1972,
including:

(a) Water Quality Improvement Projects
(b) Land Preservation and Improvement Projects including
Wetland Preservation and Restoration Projects, Unique
Area Preservation Projects, Metropolitan Parks
Projects, Open Space Preservation Projects and
Waterways Projects.

7.00 Marine Finfish and Shellfish Programs.

8.00 New York Harbor Drift Removal Project.
9.00 Permit and approval programs:

9.01 Certificate of Approval for Air Pollution Episode
Action Plan
9.02 Certificate of Compliance for Tax Relief - Air
Pollution Control Facility
9.03 Certificate to Operate: Stationary Combustion
Installation; Incinerator; Process, Exhaust or
Ventilation System
9.04 Permit for Burial of Radioactive Material
9.05 Permit for Discharge of Radioactive Material to
Sanitary Sewer
9.06 Permit for Restricted Burning
9.07 Permit to Construct: a Stationary Combustion
Installation; Incinerator; Indirect Source of Air
Contamination; Process, Exhaust or Ventilation System
9.08 Approval of Plans and Specifications for Wastewater
Treatment Facilities.
9.09 Certificate to Possess and Sell Hatchery Trout in New
York State
9.10 Commercial Inland Fisheries Licenses
.9.11 Fishing Preserve License
9.12 Fur Breeder's License
9.13 Game Dealer's License
9.14 Licenses to Breed Domestic Game Animals
9.15 License to Possess and Sell Live Game
9.16 Permit to Import, Transport and/or Export under Section
184.1 (11-0511)
9.17 Permit to Raise and Sell Trout
9.18 Private Bass Hatchery Permit
9.19 Shooting Preserve Licenses
9.20 Taxidermy License
9.21 Certificate of Environmental Safety (Liquid Natural Gas
and Liquid Petroleum Gas)
9.22 Floating Object Permit
9.23 Marine Regatta Permit
9.24 Mining Permit
9.25 Navigation Aid Permit
9.26 Permit to Plug and Abandon (a non-commercial oil, gas
or solution mining well)

VI-8

9.27 Permit to Use Chemicals for the Control or Elimination
of Aquatic Insects
9.28 Permit to Use Chemicals for the Control or Elimination
of Aquatic Vegetation
9.29 Permit to Use Chemicals for the Control or
Extermination of Undesirable Fish
9.30 Underground Storage Permit (Gas)
9.31 Well Drilling Permit (Oil, Gas, and Solution Salt
Mining)
9.32 Digger's Permit (Shellfish)
9.33 License of Menhaden Fishing Vessel
9.34 License for Non-Resident Food Fishing Vessel
9.35 Non-Resident Lobster Permit
9.36 Marine Hatchery and/or Off-Bottom Culture Shellfish
Permits
9.37 Permits to Take Blue-Claw Crabs
9.38 Permit to Use Pond or Trap Net
9.39 Resident Commercial Lobster Permit
9.40 Shellfish Bed Permit
9.41 Shellfish Shipper's Permits
9.42 Special Permit to Take Surf Clams from Waters other
than the Atlantic Ocean
9.43 Approval - Drainage Improvement District
9.44 Approval - Water (Diversions for) Power
9.45 Approval of Well System and Permit to Operate
9.46 Permit - Article 1@, (Protection of Water) - Dam
9.47 Permit - Article 15, (Protection of Water) - Dock, Pier
or Wharf
9.48 Permit - Article 15, (Protection of Water) - Dredge or
Deposit Material in a Waterway
9.49 Permit - Article 15, (Protection of Water) - Stream Bed
or Bank Disturbances
9.50 Permit - Article 15, Title 15 (Water Supply)
9.51 Permit - Article 24, (Freshwater Wetlands)
9.52 Permit - Article 25, (Tidal Wetlands)
9.53 River improvement District approvals
9.54 River Regulatory District approvals
9.55 Well Drilling Certificate of Registration
9.56 Permit to Construct and/or Operate a Solid Waste
Management Facility
9.57 Septic Tank Cleaner and Industrial Waste Collector
Permit
9.5.8 Approval of Plans for Wastewater Disposal Systems
9.59 Certificate of Approval of Realty Subdivision Plans
9.60 Certificate of Compliance (Industrial Wastewater
Treatment Facility)
9.61 Letters of Certification for Major Onshore Petroleum
Facility Oil Spill Prevention and Control Plan
9.62 Permit - Article 36, (Construction in Flood Hazard
Areas)
9.63 Permit for State Agency Activities for Development in
Coastal Erosion Hazards Areas
9.64 Permit Granted (for Use of State Maintained Flood
Control Land)

VI-9

9.65 State Pollutant Discharge Elimination System (SPDES)
Permit
9.66 401 Water Quality Certification

10.00 Preparation and revision of Air Pollution State
Implementation Plan.

11.00 Preparation and revision of Continuous Executive Program
Plan.

12.00 Preparation and revision of Statewide Environmental Plan.

13.00 Protection of Natural and Man-made Beauty Program.

14.00 Urban Fisheries Program.

15.00 Urban Forestry Program.

16.00 Urban Wildlife Program.

ENVIRONMENTAL FACILITIES CORPORATION

1.00 Financing program for pollution control facilities for
industrial firms and small businesses.

FACILITIES DEVELOPMENT CORPORATION

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

OFFICE OF GENERAL SERVICES

1.00 Administration of the Public Lands Law for acquisition and
disposition of lands, grants of land and grants or easement
of land under water, issuance of licenses for removal of
materials from lands under water, and oil and gas leases for
exploration and development.

2.00 Administration of Article 4-B, Public Buildings Law, in
regard to the protection and management of State historic and
cultural properties and State uses of buildings of historic,
architectural or cultural significance.

3.00 Facilities construction, rehabilitation, expansion, or
demolition.

DEPARTMENT OF HEALTH

1.00 Facilities construction. rehabilitation, expansion, or
demolition or the funding of such activities.

2.00 Permit and approval programs:

V1_10

2.01 Approval of Completed Works for Public Water Supply
Improvements
2.02 Approval of Plans for Public Water Supply Improvements.
2.03 Certificate of Need (Health Related Facility - except
Hospitals)
2.04 Certificate of Need (Hospitals)
2.05 Operating Certificate (Diagnostic and Treatment Center)
2.06 Operating Certificate (Health Related Facility)
2.07 Operating Certificate (Hospice)
2.08 Operating Certificate (Hospital)
2.09 Operating Certificate (Nursing Home)
2.10 Permit to Operate a Children's Overnight or Day Camp
2.11 Permit to Operate a Migrant Labor Camp
2.12 Permit to Operate as a Retail Frozen Dessert
Manufacturer
2.13 Permit to Operate a Service Food Establishment
2.14 Permit to Operate a Temporary Residence/Mass Gathering
2.15 Permit to Operate or Maintain a Swimming Pool or Public
Bathing Beach
2.16 Permit to Operate Sanitary Facilities for Realty
Subdivisions
2.17 Shared Health Facility Registration Certificate

DIVISION OF HOUSING AND C0121017Y RENEWAL and its subsidiaries and
affiliates

1.00 Facilities construction, rehabilitation, expansion, or
demolition.

2.00 Financial assistance/grant programs:

2.01 Federal Housing Assistance Payments Programs (Section 8
Programs)
2.02 Housing Development Fund Programs
2.03 Neighborhood Preservation Companies Program
2.04 Public Housing Programs
2.05 Rural Initiatives Grant Program
2.06 Rural Preservation Companies Program
2.07 Rural Rental Assistance Program
2.08 Special Needs Demonstration Projects
2.09 Urban Initiatives Grant Program
2.10 Urban Renewal Programs

3.00 Preparation and implementation of plans to address housing
and community renewal needs.

HOUSING FINANCE AGENCY

1.00 Funding programs for the construction, rehabilitation, or
expansion of facilities.

VI-11

JOB DEVELOPMENT AUTHORITY

1.00 Financing assistance programs for commercial and industrial
facilities.

MEDICAL CARE FACILITIES FINANCING AGENCY

1.00 Financing of medical care facilities.

OFFICE OF MENTAL HEALTH

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

2.00 Permit and approval programs:

2.01 Operating Certificate (Community Residence)
2.02 Operating Certificate (Family Care Homes)
2.03 Operating Certificate (Inpatient Facility)
2.04 Operating Certificate (Outpatient Facility)

OFFICE OF MENTAL RETARDATION AND DEVELOPMENT DISABILITIES

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

2.00 Permit and approval programs:

2.01 Establishment and Construction Prior Approval
2.02 Operating Certificate Community Residence
2.03 Outpatient Facility Operating Certificate

DIVISION OF HILITARY AND NAVAL AFFAIRS

1.00 Preparation and implementation of the State Disaster
Preparedness Plan.

NATURAL HERITAGE TRUST

1.00 Funding program for natural heritage institutions.

NIAGARA FRONTIER TRANSPORTATION AUTHORITY [regional agency]

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the
jurisdiction of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or
demolition.

VI-12

3.00 Increases in special fares for transportation services to
public water-related recreation resources.

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (including
Regional State Park Commissions)

1.00 Acquisition, disposition, lease, grant of easement or other
activities related to the management of land under the
jurisdiction of the Office.

2.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

3.00 Funding program for recreational boating, safety and
enforcement.

4.00 Funding program for State and local historic preservation
projects.

5.00 Land and Water Conservation Fund programs.

6.00 Nomination of properties to the Federal and/or State Register
of Historic Places.

7.00 Permit and approval programs:

7.01 Floating Objects Permit
7.02 Marine Regatta Permit
7.03 Navigation Aide Permit
7.04 Posting of Signs Outside State Parks

8.00 Preparation and revision of the Statewide Comprehensive
Outdoor Recreation Plan and the Statewide Comprehensive
Historic Preservation Plan and other plans for public access,
recreation, historic preservation or related purposes.

9.00 Recreation services programs.

10.00 Urban Cultural Parks Program.

POWER AUTHORITY OF THE STATE OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the
jurisdiction of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or
demolition.

NEW YORK STATE SCIENCE AND TECHNOLOGY FOU',MATION

1.00 Corporation for Innovation Development Program.

VI-13

2.00 Center for Advanced Technology Program.

DEPARTMENT OF SOCIAL SERVICES

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

2.00 Homeless Housing and Assistance Program.

3.00 Permit and approval programs:

3.01 Certificate of Incorporation (Adult Residential Care
Facilities)
3.02 Operating Certificate (Children's Services)
3.03 Operating Certificate (Enriched Housing Program)
3.04 Operating Certificate (Home for Adults)
3.05 Operating Certificate (Proprietary Home)
3.06 Operating Certificate (Public Home)
3.07 Operating Certificate (Special Care Home)
3.08 Permit to Operate a Day Care Center

DEPARTMENT OF STATE

1.00 Appalachian Regional Development Program.

2.00 Coastal Management Program.

3.00 Community Services Block Grant Program.

4.00 Permit and approval programs:

4.01 Billiard Room License
4.02 Cemetery Operator
4.03 Uniform Fire Prevention and Building Code

STATE UNIVERSITY CONSTRUCTION FUND

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

STATE UNIVERSITY OF NE14 YORK

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the
jurisdiction of the University.

2.00 Facilities construction, rehabilitation, expansion, or
demolition.

VT-14

DIVISION OF SUBSTANCE ABUSE SERVICES

1.00 Facilities construction, rehabilitation, expansion, or
demolition or the funding of such activities.

2.00 Permit and approval programs:

2.01 Certificate of Approval(Substances Abuse Services
Program)

3.00 Permit and approval programs:

3.01 Advertising Device Permit
3.02 Approval to Transport Radioactive Waste
3.03 Occupancy Permit

DEPARIIIENT OF TRANSPORTATION

1.00 Acquistion, disposition, lease, grant of easement and other
activities related to the management of land under the
jurisdiction of the Department.

2.00 Construction, rehabilitation, expansion, or demolition of
facilities, including but not limited to:

(a) Highways and parkways
(b) Bridges on the State highways system
(c) Highway and parkway maintenance facilities
(d) Barge Canal
(e) Rail facilities

3.00 Financial assistance/grant programs:

3.01 Funding programs for construction/ reconstruction and
recondi tioning/pre servat ion of municipal streets and
highways (excluding routine maintenance and minor
rehabilitation)
3.02 Funding programs for development of the ports of
Albany, Buffalo, Oswego, Ogdensburg and New York
3.03 Funding programs for rehabilitation and replacement of
municipal bridges
3.04 Subsidies program for marginal branchlines abandoned by
Conrail
3.05 Subsidies program for passenger rail service

4.00 Permits and approval programs:

4.01 Approval of applications for airport improvements
(construction projects)
4.02 Approval of municipal applications for Section 18 Rural
and Small Urban Transit Assistance Grants (construction
projects)

VI-15

4.03 Approval of municipal or regional transportation
authority applications for funds for design,
construction and rehabilitation of omnibus maintenance
and storage facilities
4.04 Approval of municipal or regional transportation
authority applications for funds for design and
construction of rapid transit facilities
4.05 Certificate of Convenience and Necessity to Operate a
Railroad
4.06 Highway Work Permits
4.07 License to Operate Major Petroleum Facilities
4.08 Outdoor Advertising Permit (for off-premises
advertising signs adjacent to interstate and primary
highway)
4.09 Permits for Use and Occupancy of N.Y. State Canal Lands
(except Regional Permits (Snow Dumping)]
4.10 Real Property Division Permit for Use of State-Owned
Property

5.00 Preparation or revision of the Statewide Master Plan for
Transportation and sub-area or special plans and studies
related to the transportation needs of the State.

6.00 Water Operation and Maintenance Program-Activities related
to the containment of petroleum spills and development of an
emergency oil-spill control network.

URBAN DEVELOPMENT CORPORATION and its subsidiaries and affiliates

1.00 Acquisition, disposition, lease, grant of easement and other
activities related to the management of land under the
jurisdiction of the Corporation.

2.00 Construction, rehabilitation, expansion, or demolition of
residential, co=ercial, industrial, and civic facilities and
the funding of such activities, including but not limited to
actions under the following programs:

(a) Tax-Exempt Financing Program
(b) Lease Collateral Program
(c) Lease Financial Program
(d) Targeted Investment Program
(e) Industrial Buildings Recycling Program

DIVISION OF YOUTH

1.00 Facilities construction, rehabilitation. expansion. or
demolition and the funding or approval of such activities.

2. Federal Agencies

DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS

VI-16

DEPARTIMENT OF COMMERCE

National Marine Fisheries Services

1.00 Fisheries Management Plans

DEPARTMENT OF DEFENSE

Army Corps of Engineers

1.00 Proposed authorizations for dredging, channel improvements,
breakwaters, other navigational works, or erosion control
structures, beach replenishment, dams or flood control works,
ice management practices and activities, and other projects
with potential to impact coastal lands and waters.

2.00 Land acquisition for spoil disposal or other purposes.

3.00 Selection of open water disposal sites.

Army, Navy and Air Force

4.00 Location, design, and acquisition of new or expanded defense
installations (active or reserve status, including associated
housing, transprotation or other facilities).

5.00 Plans, procedures and facilities for landing or storage use
zones.

6.00 Establishment of impact, compatability or restricted use
zones.

DEPARTHENT OF ENERGY

1.00 Prohibition orders.

GE'NERAL SERVICES ADMINISTRATION

1.00 Acquisition, location and design of proposed Federal
Government property or buildings, whether leased or owned by
the Federal Government.

2.00 Disposition of Federal surplus lands and structures.

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

1.00 Management of National Wildlife refuges and proposed
acquisitions.

VI-17

Mineral Management Service

2.00 OCS lease sale activities including tract selection, lease
sale stipulations, etc.

National Park Service

3.00 National Park and Seashore management and proposed
acquisitions.

DEPARTHENT OF TRANSPORTATION

Amtrak, Conrail

1.00 Expansions, curtailments, new construction, upgradings or
abandonments of railroad facilities or services, in or
affecting the State's coastal area.

Coast Guard

2.00 Location and design, construction or enlargement of Coast
Guard stations, bases, and lighthouses.

3.00 Location, placement or removal of navigation devices which
are not part of the routine operations under the Aids to
Navigation Program (ATON).

4.00 Expansion, abandonment, designation or anchorages, lightering
areas or shipping lanes and ice management practices and
activities.

Federal Aviation Administration

5.00 Location and design, construction, maintenance, and
demolition of Federal aids to air navigation.

Federal Highway Administration

6.00 Highway construction.

St. Lawrence Seawav Development Corporation

7.00 Acquisition, location, design, improvement and construction
of new and existing facilities for the operation of the
Seaway, incuding traffic safety, traffic control and length
of navigation season.

FEDERAL LICENSES AND PEK41TS

DEPARTMENT OF DEFENSE

VI-18

Army Corps of Engineers

1.00 Construction of dams, dikes or ditches across navigable
waters, or obstruction or alteration of navigable waters
required under Sections 9 and 10 of the Rivers and Harbors
Act of 1899 (33 U.S.C. 401, 403).

2.00 Establishment of harbor lines pursuant to Section 11 of the
Rivers and Harbors Act of 1899 (33 U.S.C. 404, 405).

3.00 Occupation of seawall, bulkhead, jetty, dike, levee, wharf,
pier, or other work built by the U.S. pursuant to Section 14
of the Rivers and Harbors Act of 1899 (33 U.S.C. 408).

4.00 Approval of plans for improvements made at private expense
under USACE supervision pursuant to the Rivers and Harbors
Act of 1902 (33 U.S.C. 565).

5.00 Disposal of dredged spoils into the waters of the U.S.,
pursuant to the Clean Water Act, Section 404, (33 U.S.C.
1344).

6.00 All actions for which permits are required pursuant to
Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).

7.00 Construction of artificial islands and fixed structures in
Long Island Sound pursuant to Section 4(f) of the River and
Harbors Act of 1912 (33 U.S.C.).

DEPARTMENT OF ENERGY

Economic Regulatory Commission

1.00 Regulation of gas pipelines, and licensing of import or
export of natural gas pursuant to the Natural Gas Act (15
U.S.C. 717) and the Energy Reorganization Act of 1974.

2.00 Exemptions from prohibition orders.

Federal Energy Regulatory Commission

3.00 Licenses for non-Federal hydroelectric projects and primary
transmission lines under Sections 3(11), 4(e) and 15 of the
Federal Power Act (16 U.S.C. 796(11), 797(11) and 808).

4.00 Orders for interconnection of electric transmission
facilities under Section 202(b) of the Federal Power Act (15
U.S.C. 824a(b)).

5.00 Certificates for the construction.and operation of interstate
natural gas pipeline facilities, including both pipelines and
terminal facilities under Section 7(c) of the Natural Gas Act
(15 U.S.C. 717f(c)).

VI-19

6.00 Permission and approval for the abandonment of natural gas
pipeline facilities under Section 7(b) of the Natural Gas Act
(15 U.S.C. 717f(b)).

ENVIRONMENTAL PROTECTION AGENCY

1.00 NPDES permits and other permits for Federal installations,
discharges in contiguous zones and ocean waters, sludge
runoff and aquaculture permits pursuant to Section 401, 402,
403, 405, and 318 of the Federal Water Pollution Control Act
of 1972 (33 U.S.C. 1341, 1342, 1343, and 1328).

2.00 Permits pursuant to the Resources Recovery and Conservation
Act of 1976.

3.00 Permits pursuant to the underground injection control program
under Section 1424 of the Safe Water Drinking Water Act
(42 U.S.C. 300h-c).

4.00 Permits pursuant to the Clean Air Act of 1976 (42 U.S.C.
1857).

DEPARTMENT OF INTERIOR

Fish and Wildlife Services

1.00 Endangered species permits pursuant to the Endangered Species
Act (16 U.S.C. 153(a)).

Mineral Management Service

2.00 Permits to drill, rights of use and easements for
construction and maintenance of pipelines, gathering and flow
lines and associated structures pursuant to 43 U.S.C. 1334,
exploration and development plans, and any other permits or
authorizations granted for activities described in detail in
OCS exploration, development, and production plans.

3.00 Permits required for pipelines crossing federal lands,
including' OCS lands, and associated activities pursuant to
the OCS Lands Act (43 U.S.C. 1334) and 43 U.S.C. 931 (c) and
20 U.S.C. 185.

INTERSTATE COMMERCE COMMISSION

1.00 Authority to abandon railway lines (to the extent that the
abandonment involves removal of trackage and disposition of
right-of-way); authority to construct railroads; authority to
construct coal slurry pipelines.

VI-20

NUCLEAR REGULATORY COMMISSION

1.00 Licensing and certification of the siting, construction and
operation of nuclear power plans pursuant to Atomic Energy
Act of 1954, Title 11 of the Energy Reorganization Act of
1974 and the National Environmental Policy Act of 1969.

DEPARTMENT OF TRANSPORTATION

Coast Guard

1.00 Construction or modification of bridges, causeways or
pipelines over navigable waters pursuant to 49 U.S.C. 1455.

2.00 Permits for Deepwater Ports pursuant to the Deepwater Ports
Act of 1974 (33 U.S.C. 1501).

Federal Aviation Administration

3.00 Permits and licenses for construction, operation or
alteration of airports.

FEDERAL ASSISTANCE*

DEPARTMENT OF AGRICULTURE

10.068 Rural Clean Water Program
10.409 Irrigation, Drainage, and Other Soil and Water Conservation
Loans
10.410 Low to Moderate Income Housing Loans
10.411 Rural Housing Site Loans
10.413 Recreation Facility Loans
10.414 Resource Conservation and Development Loans
10.415 Rural Rental Housing Loans
.10.416 Soil and Water Loans
10.418 Water and Waste Disposal Systems for Rural Communities
10.419 Watershed Protection and Flood Prevention Loans
10.422 Business and Industrial Loans
10.423 Community Facilities Loans
10.424 Industrial Development Grants
10.426 Area Development Assistance Planning Grants
10.429 Above Moderate Income Housing Loans
10.430 Energy Impacted Area Development Assistance Program
10.901 Resource Conservation and Development
10.902 Soil and Water Conservation
10.904 Watershed Protection and Flood Prevention
10.906 River Basin Surveys and Investigations

DEPARTMENT OF COMMERCE

11.300 Economic Development - Grants and Loans for Public Works
and Development Facilities
11.301 Economic Development - Business Development Assistance

VI-21

11.302 Economic Development - Support for Planning Organizations
11.304 Economic Development - State and Local Economic Development
Planning
11.305 Economic Development - State and Local Economic Development
Planning
11.307 Special Economic Development and Adjustment Assistance
Program - Long Term Economic Deterioration
11.308 Grants to States for Supplemental and Basic Funding of
Titles I, II, III, IV, and V Activities
11.405 Anadromous and Great Lakes Fisheries Conservation
11.407 Commercial Fisheries Research and Development
11.417 Sea Grant Support
11.427 Fisheries Development and Utilization - Research and
Demonstration Grants and Cooperative Agreements Program
11.501 Development and Promotion of Ports and Intermodal
Transportation
11.509 Development and Promotion of Domestic Wacerborne Transport
Systems

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

14.112 Mortgage Insurance - Construction or Substantial
Rehabilitation of Condominium Projects
14.115 Mortgage Insurance - Development of Sales Type Cooperative
Projects
14.117 Mortgage Insurance - Homes
14.124 Mortgage Insurance - Investor Sponsored Cooperative Housing
14.125 Mortgage Insurance - Land Development and New Communities
14.126 Mortgage Insurance - Management Type Cooperative Projects
14.127 Mortgage Insurance - Mobile Home Parks
14.218 Community Development Block Grants/Entitlement Grants
14.219 Community Development Block Grants/Small Cities Program
14.221 Urban Development Action Grants
14.223 Indian Community Development Block Grant Program

DEPARTMENT OF INTERIOR

15.400 Outdoor Recreation - Acquisition, Development and Planning
15.402 Outdoor Recreation - Technical Assistance
15.403 Disposal of Federal Surplus Real Property for Parks,
Recreation, and Historic Monuments
15.411 Historic Preservation Grancs-In-Aid
15.417 Urban Park and Recreation Recovery Program
15.600 Anadromous Fish Conservation
15.605 Fish Restoration
15.611 Wildlife Restoration
15.613 Marine Ma-al Grant Program
15.802 Minerals Discovery Loan Program
15.950 National Water Research and Development Program
15.951 Water Resources Research and Technology - Assistance to
State Institutes
15.592 Water Research and Technology - Matching Funds to State
Institutes

VI-21

DEPARTMENT OF TRANSPORTATION

20.102 Airport Development Aid Program
20.103 Airport Planning Grant Program
20.205 Highway Research, Planning, and Construction
20.309 Railroad Rehabilitation and Improvement - Guarantee of
Obligations
20.310 Railroad Rehabilitation and Improvement - Redeemable
Preference Shares
20.506 Urban Mass Transportation Demonstration Grants
20.509 Public Transportation for Rural and Small Urban Areas

GENERAL SERVICES ADMINISTRATION

39.002 Disposal of Federal Surplus Real Property

COMMUNITY SERVICES ADMINISTRATION

49.002 Community Action
49.011 Community Economic Development
49.013 State Economic Opportunity Offices
49.017 Rural Development Loan Fund
49.018 Housing and Community Development (Rural Housing)

SMALL BUSINESS ADMINISTRATION

59.012 Small Business Loans
59.013 State and Local Development Company Loans
59.024 Water Pollution Control Loans
59.025 Air Pollution Control Loans
59.031 Small Business Pollution Control Financing Guarantee

ENVIRONMENTAL PROTECTION AGENCY

66.001 Air Pollution Control Program Grants
66.418 Construction Grants for Wastewater Treatment Works
66.426 Water Pollution Control - State and Areawide Water Quality
Management Planning Agency
66.451 Solid and Hazardous Waste Management Program Support Grants
66.452 Solid Waste Management Demonstration Grants
66.600 Environmental Protection Consolidated Grants Program'
Support Comprehensive Environmental Response, Compensation
and Liability (Super Fund)

*Numbers refer to the Catalog of Federal Domestic Assistance
Programs, 1980 and its two subsequent updates.

VI-23

B. FEDERAL AND STATE PROGRAMS NECESSARY TO FURTHER THE L14RP

In addition to these local and private actions necessary to
implement the City's waterfront policies, various Federal
and State actions, if carried out properly, can also
assist in overall program implementation. Such actions are
outlined in the following paragraphs.

1. Federal Actions and Programs Necessary to Further the LWRP

a. Environmental Protection Agency

(i) Superfund allocation for clean up or Gratwick-Riverside
and Occidental-Durez hazardous waste sites.
(ii) Immediate implementation of the "action plan" to carry
out the recommendations of the Niagara River Toxic Plan
as prepared in 1984 by the US Environmental Protection
Agency, Environmental Canada, NYSDEC, and Ontario
Ministry of the Environment.

b. Housing and Urban Development

(i) Approval of City of North Tonawanda 1988 Small Cities
Community@Development Block Grant Program.

State Actions and Programs Necessarv-to Further the LWRP

a. Department of Environmental Conservation

(i) State Superfund allocation for clean up of hazardous
waste sites noted in paragraph 1(a)l above.

(ii) Pass through of Federal Dingell-Johnson Funds to City
for Botanical Gardens ramps improvement, and new
parking facility for Service Drive launch area.

(iii) Implementation of a fish stocking program for salmonids
and walley in the upstream reaches of Tonawanda Creek.
This would increase the local fishery and accompanying
recreational opportunities.

b. Legislative - State Aid to Local Governments (Note- Actual
projects can be assigned to any State department as part of
their individual budgets).

(i) The following projects should receive funding assistance:

Barge Canal Sign System

Waterfront Park Improvements

Tonawanda Island-Fishing Access Facility

Waterfront Bike Path Connector to Herschell Museum

V 1 -21 4

c. Department of State

(i) Coastal Management Program - Implementation Grants for the
following:

Waterfront Park Improvements

Tonawanda Island - Fishing Access Facility

Tonawanda Island Redevelopment Plan

d. Department of Transportation

W Removal of railroad tracks on Tonawanda Island and
along River Road in the long term (i.e. more than five
years) should their function become obsolete.

(ii) Pass through of Federal Aid to Urban Systems monies to
the City of North Tonawanda or Niagara County for Class
I trail along the Niagara River.

(iii) Removal of old Conrail bridge and concrete rail
abutments between Canal and Oliver Streets, thereby
permitting possible trail linkage of the waterfront
with Herschell Museum.

(iv) Improved Canal maintenance and new landscaping at
appropriate locations along Barge Canal.

e. Office of Parks, Recreation and Historic Preservation

(i) Pass through of Federal Land and Water Conservation Fund
monies to City for development of Class I bike path along
River Road, Herschell Museum bicycle patl-4 connector and the
Mayor's Park Expansion.

f. Western New York Economic Development Corporation - (subsidiary
of the New York State Urban Development Corporation)

W Funding assistance for the Tonawanda Island
Redevelopment Plan and subsequent implementation,
development of a Lumber Mill Museum and Packet Boat
Replica, and Program for Canal Events which will
require a variety of funding sources to underwrite
operating expenses.

g. Niagara Frontier Transportation Authority

(ii) Selection of Option "b" to the Tonawanda Full Extension
as outlined in the NFTA's Norther Corridors Refinement
Study - Transitional Analysis (April 1986). This would
utilize the more western Conrail track going into the City

VI-25

and terminate in a central location within the CBD. It
would also insure preservation of the abandoned eastern
Conrail line for possible use as a trail connector
between the Herscell Museum and the waterfront. This
would not preclude use of a portion of the eastern
track right-of-way for expansion of the Goundry Street
Post Office, if this proves feasible.

h. Office of General Services

Prior to any development occurring in the water or on the
i=ediate waterfront, OGS shall be consulted for a
determination of the State's interest in underwater, or
formerly underwater lands, and for authorization to use and
occupy these lands.

VI-26

SECTION VII

CONSULTATION WITH OTHER AGENCIES

A. DESCRIPTION OF CONSULTATION ACTIVITIES

The City has undertaken a variety of methods to insure that all
affected government units and agencies have been involved or made aware
of the LWRP process. Such methods are described in the following
paragraphs:

1. EARLY NOTIFICATION

In January 1986 the City initiated the State Environmental Quality
Review Process for LWRP. Through various mailings associated with
SEQRA, the following agencies obtained a very early notification of
the City's waterfront planning efforts.

a. New York State Department of Environmental Conservation
(N,YSDEC) - Buffalo Office

b. NYSDEC - Albany Office

c. New York State Department of Transportation (NYSDOT)
- Planning Office

d. NYSDOT - Canal Maintenance Division

e. NYSDOT - Rail Division

f. New York State Department of State

g. Niagara Frontier Transportation Authority

h. Erie and Niagara Counties Regional Planning Board

i. Niagara County Industrial Development Agency

J. Niagara County Environmental Management Council

k. US Army Corps of Engineers

1. Town of Wheatfield

m. City of Tonawanda

n. Town of Amherst

o. Town of Tonawanda

2. INFORMATION EXCHANGE

An important element of the planning process was the exchange' df
material/data from other government units having some role in
actions along the City of North Tonawanda shoreline. The instances
where such information was exchanged are listed below.

a. Telephone conversation with Mr. Jeff Dietz, NYSDEC, regarding
wetlands. 12/13/85

VII-3

b . Telephone conversation with Mr. Paul Forbes, NYSDOT - Canal
Section, regarding Barge Canal commercial traffic. 12/16/85

c. Telephone conversation with Mr. Ted Belling, NCIDA, regarding
North Tonawanda fishery. 12/16/85

d. Correspondence from Ms. Constance V. Beitter, NYSDOT Canal
Traffic Agent, re: Canal commercial traffic and tonnage.
12/17/85

e. Correspondence from US Soil Conservation Service re: North
Tonawanda soil classification. 12/20/85

f. Telephone conversation with 'Mr. Ted Meyers, NYSDEC, re: North
Tonawanda water quality classifications. 1/86

g. Correspondence from Ms. Claire Ross, NYSOPR, re: historic
structures. 1/86

h. Correspondence from Mr. Ben Nelson, SUNYAB, re: archaeological
sites. 1/19/86

i. Telephone conversation with Mr. James Weld, NYSDOT Rail
Division, re: North Tonawanda rail service. 1/22/86

J. Telephone conversation with Mr. John W. Hyden, NYSDEC, re:
hazardous waste sites in North Tonawanda. 1/21/86

k. Telephone conversation with Ms. Judith Vossy, WNYEDC, re:
programs applicable to North Tonawanda. 2/25/86

1. Telephone conversation with Mr. Donald Hoffman, N`YSDOT - Bridge
Division, re: bridge condition ratings. 2/86

m. Telephone conversation with Mr. Leo Nowak, NCIDA, re: programs
applicable to North Tonawanda. 41/ /86

n. Meeting with Mr. Martin Doster, NYSDEC, re: SPDES permits in
City of North Tonawanda. 2/5/86

o. Telephone conversation with Mr. Larry Stillman, NYSDEC, re:
air qualicy.

p. Telephone conversation with representative from Niagara County
Disaster Office 3/18/86

q. Telephone conversation and correspondence from Mr. Ed Orlott,
NYSDOT - Rail, re: removal of rail crossings in North
Tonawanda. 4/29/86

r. Telephone conversation with Mr. David Franko, NETA, re:
purchase of Contrail tracks for northern excension to LRRT. 5/1/86

VII-4

s. Telephone conversation with Mr. Patrick Higgins, NYSDOT -
Landscape Bureau, re: National Seaway Trail Designation.
5/4/86

t. Telephone conversation with Mr. William Shepard, NYSDEC -
Fisheries Division, re: fishery resources in North Tonawanda
coastal waters. 5116/86

2. REVIEW OF PRE-DRAFT MATERIALS

Numerous agencies were given the opportunity to review draft materials
concerning the City's LWRF (e.g. policy statements) . Major agencies
such as the US Army Corps of Engineers, NYSDEC, and Erie and Niagara
Counties Regional Planning Board received copies of those products
prepared for Tasks I through 5.

The above agencies and fourteen others were invited to a public meeting
on March 19, 1986, to review Tasks 1 through 3. Although the meeting
was attended by over thirty individuals, few agency representatives
were in attendance. However, since a comprehensive handout describing
the draft policies was mailed out along with the meeting notice, the
agency invitees all had ample opportunity to review the draft
materials.

The agencies invited to the public meeting including all those on the
SEQRA mailing list, as well as the following:

a. Western New York Economic Development Corporation

b. Niagara County Health Department

c. Tonawanda Industrial Expansion Corporation

d. Chamber of Commerce - Tonawanda

3. REVIEW OF DRAFT LWRP BY STATE, FEDERAL, AND LOCAL AGENCIES

The Draft LWRP (with Draft EIS) was reviewed and approved by the Common
Council and forwarded to the NYS Department of State (DOS). The DOS
then initiated a- 60-day review of the Draft LWRP/DEIS pursuant to the
Waterfront Revitalization and Coastal Resources Act and State
Environmental Quality Review Act. Copies of the Draf t LWRP and DEIS
were distributed by DOS to all potentially affected State and Federal
agencies, Niagara County, adjacent waterfront municipalities, and the
Erie and Niagara Counties Regional Planning Board. Comments received
on the Draft LWRP/DEIS were reviewed by DOS and the City and resultant
changes were made to the LWRP, which are detailed in the Final
Environmental Impact Statement.

VII-5

B. CONFLICT RESOLUTION METHODS

There were no conflicts between the City and other government units
during preparation of the LWRP. Both the early notification and
information exchange methods undertaken by the City insured preparation
of proposals that were consistent with the existing plans and
regulatory programs of other organizations.

During the actual implementation phase of the LWRP, conflicts will be
resolved through existing mechanisms including interagency meetings,
program amendments where necessary, and use of the New York State
Department of State as a mediator in extreme cases. The City of North
Tonawanda will utilize the conflict resolution procedures established
by the New York State Department of State (NYSDOS) and as described in
a NYSDOS document entitled "Guidelines for Notification and Review of
State Agency Actions Where Local Waterfront Revitalization Programs are
in Effect," dated January 1, 1985.

V11-6

SECTION VIII

LOCAL C01-01ITHENT

A. INTRODUCTION

1. WATERFRONT PLANNING

The City of North Tonawanda has been actively involved in
waterfront planning and revitalization activities since March 1983
when the City's Waterfront Commission was created. Membership on
the Commission includes representatives from the local business
community, individuals with a knowledge of recreational boating,
residents interested in public access to the waterfront and people
who are committed to waterfront revitalization objectives. The
Mayor appoints the members of the Commission, and the Council
approves the appointments. The Mayor plays a key leadership role
on the Commission in her capacity as chief executive officer of the
City. The Commission discusses ideas and concerns with the three
Council representatives whose districts include waterfront areas.
Further, the Commission meets with the entire five-person Council
as appropriate to present and review ideas and concepts.

2. INTER- MUNICIPAL COOPERATION

The North Tonawanda Waterfront Commission has worked cooperatively
with the City of North Tonawanda Commission, as well as elected
officials from both communities to develop and implement a canal
improvement project. The project, which includes the construction of
500 linear feet of transient docking facilities (300 in North
Tonawanda and 200 in Tonawanda) along the Barge Canal was completed
in July 1985. State resources in the amount o 1. $130,000,
supplemented by local resources, provided th e funds for this
activity. Additional state resources have been secured by both
North Tonawanda ($30,000) and Tonawanda ($33,000) to install
electrical and lighting improvements.

B. PROCEDURES

1. OVERVIETM,

The Citv's Waterfront Commission has been and continues to be an
effective vehicle for information exchange and the coordination of
waterfront activities. Since the Commission is both an active, and
visible municipal advisory committee, its role in the LWRP has been
two fold: (1) to provide time on a volunteer basis to formulate
the LW`RP and (2) to receive and review recommendations from the
community - to serve as a forum - which is central to the process
of obtaining local commitment. Working cooperatively with
residents, the Mayor, the Council and the City Attorney, the
Commission provid;s the framework for community discussion
approval.

The responsibilities, functions and procedures followed by the
Commission are discussed below. Information on other methods that
will assist in the dissemination of infor-macion and communit7
review process are also discussed.

V111-3

2. WATERFRONT COMMISSION

Responsibilities/Functions: All waterfront matters are referred
directly to the Commission by the Mayor and Common Council. The
Commission is responsible for evaluating waterfront issues and
initiatives that will affect the City and for making
recommendations on these considerations to the Council. The
Commission is also directly involved in the development of the
LWRP. Program tasks will be reviewed by both the Council and the
Commission. The knowledge and interest of members provide valuable
assistance in identifying needs, opportunities and problems.

Process: The Commission's meetings are held in City Hall and are
open to the public. Meetings are publicized in the Tonawanda News,
the City's official newspaper. In addition to regularly scheduled
meetings, additional meeting specifically to receive public review
and comment of LWRP elements were held. The agenda for these
meetings and a supplementary narrative will be provided to the
Tonawanda News so that regidents in the community are made aware of
the purpose of the public meetings. Summary information will be
provided at the meetings to ensure that people understand the
objectives of the LWRP including the importance of obtaining local
commitment.

VITI-4

APPENDIX A

RESULTS OF LOCAL WATERFRONT REVITALIZATION PROGR,'QM (LWRP)
SURVEY
0

APPENDIX A

RESULTS OF LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) SURVEY

LOCAL WATERFRONT REVITALIZATION PROGRAM

A. INTRODUCTION

The following information summarizes the key findings gathered from the
waterfront survey. Attachment "A" to this memo includes a summary
tabulation of the total responses to each question. Twenty-three (23)
people participated in the survev.

B. ISSUES RECEIVING AN OVERALL HIGH PRIOR17Y RATING

The majority of responses to the following issues were clustered in the
Itmedium" and "maximum" priority columns.

1. Niagara River

a. Improve physical appearance of the River Road corridor.

b. Promote continuous public open space wherever possible between
the Town of Wheatfield boundary line and Robinson Street. (The
responses by the Mayor and the Cormon Council gave this a low
priority.)

c. Expand boating and fishing opportunities.

d. Address problems of inactive hazardous waste sites at
Gratwick/Riverside Park.

2. Tonawanda Island

a. Improve physical appearance of the Island through landscaping
and design controls.

3. Downtown

a. Promote the integration of downtown revitalization efforts with
waterfront.

b. Emphasize the historic character of buildings and sites along
the Canal.

4. Barge Canal-West and Barge Canal- East

a. Encourage more stringent controls by NY S Department of
Transportation (DOT) regarding Barge Canal permits.

b. Improve the availability of parking facilities for recreational
users along the Canal.

c. Protect scenic vistas along the Canal.

d. Improve landscaping along the Canal.

e. Increase and improve the supply of parking at the Service Drive
launch ramp.

f. Expand and improve facilities at Mayor's Park.

C. ISSUES RECEIVING AN OVERALL LOW PRIORITY RATING

The majority of responses to the following issues were clustered in the
11low" and "no" priority columns.

.1. Niagara River

a. Promote residential and commercial redevelopment between
Robinson Street and Gratwick Park with no provision for public
access to the water's edge.

2. Barge Canal-West

a. Widen the roadway surface of Sweeney Street.

D. MISCELLANEOUS

Comments written in at end of survey.

1. Niagara River

a. Remove unsightly railroad tracks on west side of River Road.

b. Remove all boathouses in the River Road/Goundry Street area;
land should be converted to open space.

c. Clean up area under the Seymour Street Bridge.

d. Dredge slips at Fisherman's Park.

e. Provide dredging, toilets, and lights at Fisherman's Park.

f. Improve launch'ramp at Gratwick/Riverside Park.

g. Maintain waterfront for water-related uses; industrial
expansion should occur on the east side of River Road.

2. Tonawanda Island

a. Provide public access to a "free" pier extending into Niagara
River on the west side of Island for fishermen.

b. Transfer fire-training to another area - present site better
suited for other uses.

c. Reorient north end of Island for residential use.

d. Fix bumps on bridge.

e. Remove railroad tracks that cross Michigan Street by Taylor
Devices.

f. Widen Michigan Street

g. Enforce "no parking" on Michigan Street.

h. Because the Island is privately owned, government should avoid
involvement and concentrate on public areas.

DOWNTOWN

a. Complete transient docks project.

b. Promote a uniform modernization program for downtown
structures.

c. No new construction downtown; work with existing historic
buildings.

d. Relocate the Farmer's Market to Manhattan Street behind
Murphy's so senior citizens can walk to it.

e. Remove all parking areas on the south side of Sweeney Street
and restore it to former park area.

f. Remove "one way" traffic on Sweeney between Webster and
Manhattan Streets.

g. Return the Bascule Bridge.

4. Barge Canal-West and Barge Canal-East

a. Discourage junkyard (automotive) accumulation between Main
Street and Vandervoort Street.

b. Regulate marina operations along the Canal.

c. Do not issue new NYS DOT permits for boathouses once existing
ones expire.

d. Begin removal and trimming of the willow trees.

e. Pave shoulders of Sweeney Street.

f. Going east on Sweeney Street, widen road at intersections where
left-handed turns are made onto local streets.

g. Require frequent checks to make sure boathouses are maintained.

h. Along Mayor's Park, develop some type of wall for boats to use
as docking facilities.

i. Botanical Gardens parking is sufficient.

J. Improve turning conditions off Robinson Street Bridge.

5. Other

a. Encourage cooperation between public and private sectors in
waterfront initiatives.

b. Return waterfront to open space rather than industry.

C. Improve the rear facades on Webster Street because that is the
first impression people get of the City when traveling on River
Road.

d. Maximize recreational efforts along Canal River; construct a
bike path along both waterways and connect to other city
attractions.

e. Downtown area should be redesigned to attract boaters to stop
and shop; adequate parking, landscaping, and maintenance are
essential.

f. Promote the Tonawanda Iron Works site as the prime waterfront
industrial site.

g. End dual tax system.

h. Provide tax incentives for private waterfront development.

i. Assess waterfront improvements fairly.

J. Promote recreational use of Canal and River by adding docks and
launches at public parks.

k. In regard to Weatherbest Slip, City should sell property to
private owner, thereby encouraging improvements.

1. Would like to see area from Fisherman's Park to Wardell's
filled with residential uses and small shops.

m. No heavy industry along the waterfront.

n. Sweeney Street, from the Delaware Street Bridge to Niagara
Falls Boulevard should be resurfaced.

o. The City and State should take an active role in enhancing the
Tonawanda Iron Works site.

(1) The City should provide the proper sewer/water services to
the property by installing an adequate sewer-water main
along west side of River Road.

(2) The City should seek removal of the railroad on the east
side of River Road. No commercial concerns will locate on
the site because of the tracks.

ATTACHMENT' "All

WATERFRONT SURVEY
CITY OF NORTH TONAWANDA, NEW YORK

PRIORITY MOST DESIRED FOR PARTICULAR WATERFRONT SUB AREA
(SEE MAP)

Please place an X in the column which best reflects your position regarding
the level of priority that the City's waterfront program should devote to
each of the points described below.

No
SUB-AREA Prioritv Low Medium Maximum

1. NIAGARA RIVER

This area extends from the Town of
Wheatfield border to the Seymour
Street Bridge along River Road
(excluding Tonawanda Island).

a. Improve physical appearance 2 7 6 7
of boatyard and houseboat
area between Seymour Street
Bridge and Goundry Street

b. Improve physical appearance 0 6 13 4
of River Road corridor with
landscaping, sign controls,
etc.

c. Promote continuous public 4 5 7 7
open space wherever possible
between the Town of
Wheatfield boundary and E.
Robinson Street.

d. Promote residential and 8 6 3 6
commercial redevelopment
between E. Robinson Street
and Gratwick Park with no
provision for public access
to the water's edge.

e. Same as (d) above, but provide 8 4 5 5
for public access along the
water's edge in all redevelop-
ment plans.

f. Continue to promote industrial 3 3 5 1
use between e. Robinson Street
and Gratwick Park..

SUB-AREA No
Priority Low Medium Maximum

g. Expand boating and fishing 3 2 8 7
opportunities.

h. Address problem of inactive 2 5 4 11
hazardous waste site at
Gratwick Park.

i. Other (please specify below)

TONAWANDA ISLAND

a. Continue the promotion of 3 6 7 7
industrial and commercial/
marine uses.

b. Re-orient future Island 4 7 5 7
development to recreational
/residential uses.

c. Improve physical appearance of 1 5 9 6
the Island through landscaping
signage and design controls.

d. Provide public access to the 4 6 9 4
southern tip of the Island
thereby providing access to
prominent scenic views.

e. Improve transportation/circu- 1 7 4
lation patterns of the Island.

f. Other (please specify below)

3. DOWNTOWN AREA

This area follows Goundry Street
off River Road to Main Street south
to Sweeney Street.

a. Promote the intergration of 1 6 15
waterfront and downtown
revitalization efforts.

b. Expand transient dockage 2 8 9 3
facilities at the Packett Inn.

c. Increase and.improve the 4 7 8 4
supply of parking at the
Packett Inn

d. Improve traffic circulation 0 9 8 5
patterns in the downtown area.

SUB-AREA No
Priority Low Medium Maximum

e. Emphasize the historic 1 4 6 12
character of buildings and
sites along the Canal.

f. Other (please specify below)

4. BARGE CANAL-WEST

This area extends along Sweeney
Street between the Main Street
Bridge and the Twin Cities Arterial
Bridge.

a. Promoce the removal of the 3 8 2 9
unused railroad bridge.

b. Encourage more stringent 6 3 6 8
restrictions by NYSDOT re:
Barge Canal permits (e.g.
disallow permits for boat-
houses).

c. Encourage less stringent 15 0 3 4
restrictions by NVSDOT
re: Barge Canal permits
(e.g. continue to allow
permits for boathouses).

d. Improve the availability of 2 4 13 3
parking facilities for
recreational users along the
Canal.

e. Protect scenic vistas along 1 1 5 16
the Canal.

f. Develop a paved walkway along 10 2 6 5
the Canal and acquire private
property if necessary to
provide a continuous trail
system along the Canal.

g. Limit the development of paved 7 6 7 2
walkways to publicly owned
areas

h. Improve landscaping along 1 5 9 8
Canal.

i. Widen the roadway surface of 6 8 4 4
Sweeney Street.

SUB-AREA No
Priority Low Medium Maximum

J. Improve Sweeney Street without 3 4 12 2
widening the roadway surface.

k. Other (please specify below).

5. BARGE CANAL-EAST

This area extends from the Twin
Cities Arterial Bridge to the
Botanical Gardens.

a. Encourage more stringent 6 3 3 5
restrictions by XYSDOT re:
Barge Canal permits (e.g.
disallow permits for boat-
houses).

b. Encourage less stringent 13 2 3 4
restrictions by NYSDOT re:
Barge Canal permits (e.g.
continue to allow permits
for boathouses.

c. Protect scenic vistas along 1 2 6 14
the Canal.

d. Improve landscaping along the 1 3 8 10
Canal.

e. Improve the availability of 3 4 13 4
parking facilities for
recreational users along the
Canal.

f. Widen the roadway surface of 7 6 4 5
Sweeney Street.

g. Improve Sweeney Street without 2 5 8 6
widening the roadway surface.

h. Increase and improve the 1 4 8 11
supply of parking at the
Service Drive Launch Ramp.

i. Develop a paved walkway along 8 5 4 6
the Canal and acquire private
property if necessary to
provide a continuous trail
system along the Canal. is

SUB-AREA No
Priority Low Medium Maximum

J. Limit the development of paved 6 7 7 2
walkways along the Canal to
publicly owned areas.

k. Expand/improve facilities at 1 3 9 10
Mayor's Park.

1. Improve parking and circula- 2 4 10 7
tion pattern within Mayor's
Park.

m. Other (please specify below).

APPE',IMIX B

WATERFRONT ZONING DISTRICT

SECTION 103-13.1 WD WATERFRONT DISTRICT

A. Purpose

The Niagara River shoreline has always played an important role in
shaping the image of the City and its economic base. This goes back to
the late nineteenth century when lumber milling was a dominant activity
along the waterfront, establishing the City as the Lumber Capital of
the World at the turn of the Century. More recently, recreational
pursuits such as boating and fishing have become increasingly
important elements in the City's initiatives to stimulate economic
growth.

The combination of older and often underutilized, industrial sites
inter-mixed with newer uses catering largely to water based recreation has
created the need to guide future developments along the riverfront. In
order to balance the de=ands placed on the waterfront by conveting uses
and to improve both the physical and visual environment along the Niagara
River, a Waterfront District governed by special controls and development
regulations has been established.

The Waterfront District permits a variety of uses which are either
enhanced by or dependent upon a shoreline location. In addition, site
plan review procedures have been designed to ensure that the specific
details of waterfront development are thoroughly considered; that the
environmental quality of the area is preserved; and, that development is
consistent with the City's Local Waterfront Revitalization Program
(LWRP).

B. Permitted uses for properties that have frontage on a waterbody:

1. Marina, yacht club, boat launch facilities, and boat docking
facilities.

2. Parkland, trail facilities, fishing docks, and piers.

3. Boat yards, including boat sales, rentals and storage, marine
supplies and equipment; boat service and repair facilities.

4. Commercial excursion and 'fishing charter facilities.

5. Commercial docks and pipelines for the transfer of goods from the
I
Niagara River to land and/or from land to the Niagara River.

6. Water dependent industry.

C. Permitted uses for properties that do not have frontage on a waterbody:

1. The uses listed in Section 103-13.1(B).

2. Restaurant.

3. Business and professional offices.

4. Hotels and motels, including conference and resort facilities.

5. Light industry.

6. Retail and personal service commercial uses as specified in Section
103-IO.C-1, Neighborhood Business District, Paragraph A2.

7. Dwelling groups consisting of four or more dwellings on the same lot
and having a minimum lot size per group of 1.5 acres.

8. Townhouse developments.

D. Special permitted uses for properties that have frontage on a waterbody:

1. Those uses listed in Section 103-I3.1(C) provided that the general
criteria for a special use permit (Section 103-18B.3) are met and
further, that compliance with the requirements specified below in
either paragraph 2 or 3 is provided.

2. Uses listed in Section 103-13.1(C) shall be established in
conjunction with one or more of the permitted uses listed in Section
103-13. 1 (B) .When the use listed in Section 103-13.1(B) does not
occupy the entire shoreline, the site plan review and approval
provisions set forth in Paragraph H below shall be used to ensure
that buildings and structures are placed on the site in a manner
that would maximize the amount of open space along the shoreline.

3. Uses listed in Section 103-13.1(C) shall include a public pedestrian
walkway with public access along the entire frontage on the Niagara
River. Plans* for the walkway shall be approved by the Planning
Commission as part of the site plan review and approval provisions
(Paragraph H below) and shall be available for public use under a
mutually acceptable arrangement between the City and the property
owner.

E. Special permitted uses for properties that do not have frontage a
waterbody:

1. Refreshment stands not included as an accessor-i use (refer to
Section 103-13.IF).

2. Adult uses, as specified and defined in the Adult Use Ordinance, as
indicated in Chapter 9A of the City Code of the City of North
Tonawanda, New York.

The general criteria for special permits (518B.3) shall also be
applicable.

F. Accessory uses:

Within the Waterfront District the follow-ing uses, buildings and
structures shall be allowed as accessories to permitted uses when located
on the same lot or land with such use:

1. Private garage or parking space.

2. Private boat houses, docks and related uses and structures.

3. Other support facilities necessary for the successful operation of
permitted uses including, but not limited to, storage facilities for
equipment or supplies, bait and tackle shops, and snack bars.

4. Exterior signs, subject to the following standards:

a. Sign information shall pertain only to the existing permitted
use on the premises.

b. One sign advertising the sale or rental of property not to
exceed twenty four (24) square feet in face area. Said
advertising sign shall be located on the property advertised
for sale or rent and shall be removed within ten (10) days
following the sale or occupancy of the rental property. The
advertising sign may be affixed to a building or free standing.

C. No sign shall be equipped or displayed with any moving parts
nor shall any sign contain any moving, flashing, or
intermittent illumination.

d. No sign shall project above the roof line.

e. The total square footage of all signs on any premises shall not
exceed 1.5 square feet per linear foot of building facade on
the street which provides the principal access for the use.

f. All signs shall be legible and graphically simple. No more
than three (3) colors shall be used.

G. Area and Bulk Reauirements:

1. Maximum height: Thirty five (35) feet.

2. Minimum Lot Size: One (1) acre for non-residential uses and 1.5
acres for permitted residential dwelling groups. Residential
dwelling groups shall contain not less than 3,000 square feet of lot
area per dwelling unit.

3. Required Yards: To be determined as part of site plan review.

4. Minimum Area of Dwellings: Same as R-2.

5. Setbacks.

a.. Building line setback from the west right-of-way line of River
Road shall not be less than twenty five (25) feet. . The entire
setback area shall be suitably landscaped.

b. Building line setback from other public rights-of-way: To be
determined as part of site plan review. All setback areas
shall be suitably landscaped.

C. Building line setback from the Niagara River and Little River
shall not be less than twenty five (25) feet.

6. Maximum lot coverage by buildings and accessory uses: 40 percent.

7. Minimum landscaped area. Fifteen (15) percent of total lot.

H. Site Plan Review and Approval Provisions

1. Applicability

A site plan approved by the Planning Commission shall be required
prior to the issuance of a building permit and/or certificate of
zoning compliance for proposed actions which meet one or more of the
thresholds defined in the following paragraph. The Building
Inspector shall notify an applicant for a building permit or
certificate of zoning compliance where site plan approval is
required.

The thresholds which determine the need for site plan approval are
as 4; ollows:

a. An addition to a legally existing use which requires ten (10)
or more new parking spaces or loading docks, or any combination
thereof which totals ten (10) spaces or docks.

b. Alterations or additions to a legally existing structure which
would increase the gross floor area by 15 percent or more; and
having a construction cost of more than $5,000.

C. An addition to legally existing land uses (i.e. non-structural
such as parkland) which would increase the developed land area
by 15 percent or more.

d. Any new permitted or special permitted use.

2. Sketch Plan

A sketch plan conference tuay be held between the Planning Commission
and the applicant prior to the preparation and submission of a
formal site plan. The objectives of such a conference are: to
enable the applicant to inform the Planning Co=issicn of the
proposal prior to the preparation of a detailed site plan; to enable
for the Planning Commission to review the basic site design concept

and to advise the applicant as to potential problems and concerns;
and, to generally determine the information to be required on the
site plan. In order to accomplish these objectives, the applicant
should provide the following:

a. A statement and rough sketch showing the locations and
dimensions of principal and accessory structures, parking
areas, access signs (with descriptions), existing and proposed
vegetation; and other planned features; anticipated changes in
the existing topography and natural features; and, where
applicable, measures and features to comply with flood hazard
and flood insurance regulations;
b. A sketch or map of the area which clearly shows the location of
the site with respect to nearby street rights-of-way,
properties, easements, the Niagara River and/or other
watercourses and other pertinent features; and

C. A topographic or contour map of adequate scale and detail to
show site topography.

Application for Site Approval

An application for site plan approval shall be made in writing to the
Chairman of the Planning Commission and shall be accompanied by
supporting information and documentation. If a sketch plan conference
was held, the supporting information shall include the elements
identified by the Planning Commission at said sketch plan conference. If
a sketch plan conference was not held, the applicant shall provide the
following information:

a. Title of drawing, including name and address of the applicant and
the person responsible for preparation of such drawings.

b. North arrow, scale and date.

C. Boundaries of the property plotted to scale.

d. Existing watercourses.

e. Grading and drainage plan, showing existing and proposed contours.

f. Location, design, type of construction, proposed use and exterior
dimensions of all buildings.

g. Location, design, and type of construction of all parking and truck
loading areas, showing ingress and egress.

h. Provision for pedestrian access.

i. Location of outdoor storage, if any.

J. Location, design and construction materials of all existing or
proposed site improvements including drains, culverts, retaining
walls and fences.

k. Description of the method of public water supply and sewage disposal
and location, design and construction materials of such facilities.

1. Location of f ire and other emergency zones, including the location
of fire hydrants.

M. Location, design and construction materials of all energy
distribution facilities, including electrical, gas and solar energy.

n. Location, size and design and type of construction of all proposed
signs.
0. Location and proposed development of all buffer areas, including
existing vegetative cover.

p- Location and design of outdoor lighting facilities.

q. Identification of the location and amount of building area proposed
for retail sales or similar commercial activity.

r. General landscaping plan and planting schedule.

S. An estimated project construction schedule.

t. Identification of any State or County permits required for the
execution of the project.

U. Record of application for and approval status of all necessary
permits from State and County agencies.

V. Other elements integral to the proposed development as considered
necessary by the Planning Commission.

W. A written statement which describes how the project is consistent
with the City of North Tonawanda's adopted LURP.

4. Review of Site Plan

The Planning Commission's review of the site plan shall include, but not
be limited to, the following general considerations:

a. Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.

b. Adequacy and arrangement of vehicular traffic, access and
circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.

C. Location, arrangement, appearance and sufficiency of off-street
parking and loading.

d. Adequacy and arrangement of pedestrian traffic access and
circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience.

e. Adequacy of stormwater and drainage facilities.

f. Adequacy of water supply and sewage disposal facilities.

g. Adequacy, type and arrangement of trees, shrubs and other
landscaping constituting a visual and/or noise buf f er between the
development parcel and adjoining lands, including the maximum
retention of existing vegetation.

h. Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.

i. Special attention to the adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding, flooding
and/or erosion.

J. Use of proper and adequate screening devices between parking and
service areas as such are viewed from River Road.

k. Consistency between the site plan and the City's adopted LWRP.

1. Quality and adequacy of views from River Road through the
development to-the shoreline.

M. The extent that proposed uses are water dependent or enhanced.

n. Attractiveness of the proposed use or structure(s) as viewed from
the Niagara River, Little River, or Barge Canal.

0. Adequacy of design and function of waterfront improvements such as
bulkheads, docking facilities, launch ramps and sea walls.

p. Ability of the use to provide public access to the water's edge.

5. Planning Commission Action on Site Plan

Within forty-five (45) days of the receipt of a completed application for
site plan approval, the Planning Commission shall render a decision, file
said decision with the City Clerk and mail such decision to the
applicant with a copy to the Building Inspector. Said decision shall
also be filed with the Board of Appeals if the application requires a
special per-nit. The time within which a decision shall be rendered may
be extended by mutual consent of the applicant and Planning Commission.

a. Upon approval of the site plan, the Planning Commission shall
endorse its approval on a copy of the final site plan and shall
forward a copy to the applicant, Building Inspector and file same
with the City Clerk.

b. Upon disapproval of a site plan, the Planning Co ission shall so
inform the Building Inspector. The Building Inspector shall deny a
Building Permit or Certificate of Zoning Compliance to the
applicant. The Planning Commission shall also notify the applicant
in writing of its decision and its reasons for disapproval. Such
disapproval shall be filed with the City Clerk.

6. Performance Guarantee

No Certificate of Zoning Compliance shall be issued until all
improvements shown on the site plan are installed or a sufficient
performance guarantee has been posted for improvements not yet completed.
The sufficiency of such performance guarantee shall be determined by the
Common Council after consultation with the Planning Commission, Building
Inspector, City Attorney and other appropriate parties.

7. Inspection of Improvements

The Building Inspector shall be responsible for the overall inspection of
site improvements including coordination with the Planning Commission and
other officials and agencies, as appropriate.

8. Integration of Procedures

Whenever the particular circumstances of the proposed development require
compliance with either the special permit procedure in this Ordinance or
other requirements of the City, the Planning Commission shall attempt to
integrate, as appropriate, site plan review as required by this section
with the procedural and submission requirements for such other
compliance.

I. Supplemental Regulations and Exceptions

See Section 15.

SECTION 20 - DEFINITIONS

A. The following definitions shall be added to subsection

B - definitions:

39. Local Waterfront Revitalization Program (LWRP) means the local
program to implement the New York State Coastal Management
Program within the City of North Tonawanda as approved by the
Common Council and the Secretary of State pursuant to the
Waterfront Revitalization and Coastal Resources Act: of 1981
(Article 42 of the Executive Law of New York State).

40. Boatyard - A facility for servicing all types of watercraft, as
well as providing supplies, storage and fueling facilities, and
with facilities for the retail sale, rental, or charter of
boats, motors an marine equipment.

41. Light Industry - The following manufacturing uses:

(1) Laboratories engaged in research, testing and experimental
work, including any process normal to laboratory practice
an technique.

(2) The manufacture, compounding, assembling and/or treatment
of articles or merchandise from previously prepared
materials provided that no chemical process is involved in
the manufacturing process.

(3) The manufacture and/or assembly of electronic devices and
electrical appliances, provided that all necessary and
approved safeguards are employed to prevent hazard and
annoyance to the community.

(4) The manufacture and/or assembly of musical instruments,
novelties, toys or related products, business machines,
custom built boats, and grinding wheels.

(5) The manufacture, compounding, processing and storage of
candy and confections, frozen foods, cosmetics,
pharmaceutical products, toiletries and food products.

(6) Wholesale business and storage for the following types of
commodities: clothing, drugs, dry goods, packaged foods,
furniture, hardware and beverages.

(7) Wood and lumber, bulk processing and woodworking including
planing mills, excelsior, sawdust and wood preserving
treatment.

(8) The manufacturing of paper and paper products not involving
the reduction and processing of wood pulp and fiber.

(9) The manufacture of precision tools.

(10) The treatment and processing of metal products.

(11) Other light industrial uses which in the opinion of the
Board of Appeals, are similar'in nature and scale to
those identified herein.

42. Marina - A facility for the berthing and fueling of five (5) or
more recreational watercrafts.

43. Business or Professional Offices - The office or studio of a
physician, surgeon, dentist or other person licensed by the
State of New York to practice a healing art, lawyer, architect,
artist, engineer, real estate broker or salesman, insurance
broker or agent, teacher, and persons employed in similar
executive or administrative occupations.

44. Water Dependent Industry - Any manufacturing use having one (1)
or more of the following characteristics:

(a) Uses requiring large quantities of water for processing and
cooling purposes (e.g. fish processing plants, pumped
storage processing plants).

(b) Uses that rely heavily on the waterbound transportation of
raw materials or products which are difficult to transport
on land, thereby making it critical that a site near
shipping facilities be obtained.

(c) Uses that operate under such server time constraints that
proximity to shipping facilities becomes critical (e.g.
firms processing perishable foods).

45. Townhouse Development - A development at independent single
family dwelling units with a common party wall between adjacent
units and each having a private outside entrance.

APPENDIX C

LWRP CONSISTENCY LAW

CITY OF NORTH TONAWANDA
LOCAL WATERFRONT REVITALIZATION PROGRiVM (LWRP)
LOCAL CONSISTENCY LAW

A local law adding Article 2 to Chapter 37 of the code of the City of North
Tonawanda.

ARTICLE 2 - GENERAL PROVISIONS

SECTION 37-20 - TITLE

This local law shall be known and may be cited as the City of North
Tonawanda LWRP Consistency Law.

SECTION 37-2 - PURPOSE

The purpose of this local law is "lo provide fcr the prctecticn and
beneficial use of the natural and man-made resources within the waterfront
area of the City of North Tonawanda by ensuring that certain actions to be
undertaken, approved, or funded by city agencies will be undertaken in a
manner consistent with the policies and purposes of the City of North
Tonawanda Local Waterfront Revitalization Program.

SECTION 37-22 - AUTHORITY

This law is adopted under the authority of the Municipal Home Rule Law and
Article 42 of the Executive Law.

SECTION 37-23 - APPLICABILITY

All agencies of the City of North Tonawanda must comply with this local
law, prior to directly undertaking, approving, or funding any action within
the waterfront area when such action is classified as Type I or Unlisted
under Part 617 of Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York.

SECTION 37-24 - SEVERABILITY

The provisions of this local law are severable. If any part of this local
law is found invalid, such finding will apply only to the particular
provision and circumstances in question. The remainder of this local law,
and the application of the disputed provision to other circumstances, will
remain valid.

SECTION.37-25 - DEFINITIONS

(a) "Action means either a "Type I" or "Unlisted" action as defined in SEQR
regulations at 6NYCRR 617.2.

(b) "EAF" means Environmental Assessment Form as defined in 6NYCRR
617.2. (1).

(d) "Local Waterfront Revitalization Program (LWRP)" means the local
program to implement the NYS Coastal Management Program within the City
of North Tonawanda as approved by the Common Council and the Secretary
of State pursuant to the ..Waterfront Revitalization and Coastal
Resources Act of 1981 (Article 42 of the Executive Law of New York
State).

(e) "Part 617" means the State Environmental Quality Review Regulations.
(Part 617 of Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State on New,York).

(f) " SEQR" means the State Environmental Quality Review Regulations
(Article 8 of the Environmental Conservation Law, which is Chapter 43-b
of the Consolidated Laws of the State of New York).

(g) "City" means The City of North Tonawanda.

(h) "City Agency" means any board, department, office, other bodies or
officers of the City of North Tonawanda.

M "Common Council" means the Common Council of the City of North
Tonawanda.

(J) "CAF" means Coastal Assessment, Form as adopted by the Common Council.

W "Waterfront Area" means that portion of the NYS Coastal Area within the
City of North Tonawanda as delineated in the City of North Tonawanda
Local Waterfront Revitalization Program.

(1) All other *terms of which definitions are given in SEQR and/or Part 617
shall have the same meanings in this local law.

(m) "City Clerk's Office" means the City of North Tonawanda agency
responsible for.overall management and coordination of the LVRP.

(n) "Waterfront Commission" means the City of North Tonawanda agency
responsible for review of LWRP actions affecting the City's
waterfront area and resources.

(o) "Planning Commission" means the City of North Tonawanda Planning
Commission.

ARTICLE 3 - CONSISTENCY REVIEW PROCEDURES

SECTION 37-26 - INITIAL REVIEW

Any City agency, including the Common Council, which has the authority to
undertake, approve or fund either a Type I or Unlisted Action shall, prior
to undertaking, approving or funding such an action within the waterfront
area, prepare or cause to be prepared a CAF for the proposed action. The
CAF and other documentation pertinent to describe the proposed action shall
be referred to the Common Council for review and determination of
consistency of the proposed action with the City's Local Waterfront
Revitalization Program (LWRP).

SECTION 37-27 - CERTIFICATION OF CONSISTENCY

37-27.1 Prior to undertaking, approving or funding a proposed Type I or
Unlisted Action within the Citv's waterfront area by any Citv agencv,
the Common Council shall either:

(a) Find and certify in writing that the action will not substantially
hinder the achievement of any of the policies or purposes of the
LWRP; or

(b) If the action will substantially hinder the achievement of any
policy of the LWRP, find and certify in writing that the following
three requirements are satisfied: M no reasonable alternatives
exist which would permit the action to be undertaken in a manner
which would not substantially hinder the achievement of such
policy; (ii) the action will minimize all adverse effects on such
policy to the maximum extent practicable; and (iii) the action will
result in an overriding regional or state-wide public benefit.
Such certification shall constitute a determination that the
action is consistent to the maximum extent practicable with the
LWRP; or

(c) Find and certify in writing that the action is not consistent with
the policies and purposes of the LWRP. Such a finding would
conclude that the action would substantially hinder the achievement
of one or more policies and would not satisfy all three of the
specific requirements identified in (b) above.

37-27.2 The Common Council shall complete its consistency review of all
proposed actions within thirty (30) days of the date that the Common
Council receives the referral. Prior to making a consistency
deter-mination, the Common Council may refer such matters to any
municipal agency for review and an advisory opinion. Referral
agencies may include, but shall not be limited to the City Clerk's
Office, the Planning Commission and the Waterfront Commission.

37-27.3 No action shall be undertaken, approved, or funded by any City
agency unless the Common Council certifies that the action is
consistent'with the policies and purposes of the LWRP by a finding
pursuant to either 37-27.1 (a) or 37-27.1 (b) above.

37-24.4 If the Common Council determines that the proposed action is
consistent with the policies and purposes of the LWRP, the agency
referring the proposed action shall complete the remaining steps
necessary to comply with SEQR before the action is undertaken,
approved or funded.

37.27.5 All findings of the Common Council made relative to this local law
shall be made in writing and filed with the City Clerk and the
referring City agency before the action is undertaken, approved or,
funded.

SECTION 3.1 - EFFECTIVE DATE

This local law shall take effect immediately upon filing with the Secretary
of State.

APPENDIX D

PROCEDURES FOR COORDINATING STATE AND

FEDERAL CONSISTENCY DETERMINATION
0

. 0

---

Procedural Guidelines for Coordinating RYS DOS & LWRP
-Consistency Rexiew of Federal Agency Actions

DIRECT ACTIONS

1. After acknowledging the receipt of a consistency determination and
supporting doc=entation from a federal agency, DOS vill forward copies
of the determination and other descriptive information an the proposed
direct action to the program coordinator (of an approved LWRP) and other
Interested parties.

2. This notification will indicate the date by which all comments and
recommendations must be submitted to DOS and will Identify the
Department's principal reviewer for the proposed action.

3. The review period will be about twent-y-five (25) days. If comments and
reco=endations are not received by the date indicated in the
-notification, DOS will presume that the municipality has "no opinion" on
the consistency of the proposed direct federal agency action with local
coastal policies.

4. If DOS does not fully concur with and/or has any questions on the
co=ents and rec endstions submitted by the municipality, DOS will
contact the municipality to discuss any differences of opinion or
questions prior to agreeing or disagreeing with the federal agency's
consistency determination on the proposed direct action.

5. A copy of DOS' "agreement" or *disagreement" letter to the federal agency
will be forwarded to the local program coordinator.

PEMKIT AND LIMSE ACTIONS

1. DOS will acknowledge the receipt of an applicant's consistency
certification and application materials.' At that time, DOS will forward
a copy of the submitted documentation to the prograz coordinator and will
Identify the Department's principal reviewer for the proposed action.

2. Within thirty (30) days of receiving such information, the prograr.
coordinator will contact the principal reviewer for DOS to discuss: (a)
the need to request additional information for review purposes; and (b)
any possible problems pertaining to the consistency of a proposed action
with local coastal policies.

3. When DOS and the program coordinator agree that additional information is
necessary. DOS will request the applicant to provide the information. A
copy of this information vill be provided to the program coordinator upon
receipt.

4. Vithin thirty (30) days of receiving the requested additional information
or discussing possible problems of a proposed action with the principal
i_gvlever for DOS, whichever is later. the program coordinator will notify
DOS of the reasons why a proposed action may be inconsistent or consistent
with local coastal policies.

After that notification, the program coordinator will submit the
municipality's written coz,-p@nts and recommendations an a proposed permit
action to DOS before or at the conclusion of the official public comment
period. If such comments and recommendations are not forwarded to DOS by
the and of the public comment period, DOS vill presume that the
sunicipality has "no opinion" an the consistency of the proposed action
witb local coastal policies.

6. If DOS does not fully concur with and/or has any questions an the
cr-ents and recarmmendations submitted by the municipality an a proposed
permit action, DOS will contact the program coordinator to discuss any
differences of opinion prior to issuing a letter of "concurrence" or
"objection" letter to the applicant will be forwarded to the progra=
coordinator.

7. A copy of DOS' "concurrence" or "objective" letter to the applicant Vill
be forvarded to the program coordinator.

FINANCIAL ASSISTKNCE ACTIONS
1. @pon receiving notification of a proposed federal financial assistance
action. DOS will request information on the action from the applicant for
consistency review purposes. As appropriate, DOS will also request the
applicant to provide a copy of the application documentation to the
program coordinator. A copy of this letter will be forwarded to the
coordinator and will serve as notification that the proposed action may
be subject to review.

2. DOS will acknowledge the receipt of the requested information and provide
a copy of this acknowledgement to the program coordinator., DOS may, at
-this time, request the applicant to submit additional information for
review purposes.

3. the review period will conclude thirty (30) days after the date on DOS'
letter of acknowledgement or the receipt of requested additional
information, whichever is later. The review period may be extended for
major financial assistance actions.

4. The Vrogr= coordinator must submit the municipality's comments and
recommendations on the proposed action to DOS within twenty days (or
other time agreed to by DOS and the program coordinator) form the start
of the review period received within this period, DOS will presume that
the municipality has "no opinion" on the consistency of the proposed
financial assistance action with local coastal policies.

5. If DOS does not fully concur with and/or has any questions on the
c-m=ents and recommendations submitted by the municipality, DOS will
contact the program coordinator to discuss any differences of opinion or
questions prior to notifying the applicant of DOS' consistency decision.
@ t

6. --A copy of DOS' consistency dacivizn It-t-t*-T 'to the applicant will be
forwarded to the program coordinAtor.

NEW YORK STATE DEPART@= OF STATE
COASTAL MANAGE?ENT PROGRM

Guidelines for Notification and Review of State Agency Actions
Where Local Waterfront Revitalization Programs Are in Effect

PURPOSES OF GUIDELINES

A. The Waterfront Revitalization and Coastal Resources Act (Article 42 of
the Executive Law) and the Department of State's regulations (19 NYCRR
Part 600) require certain state agency actions identified by the
Secretary of State to be consistent to the maximum extent Practicable
with the policies and purposes of approved Local Waterfront
Revitalization Program (LWRPs). These guidelines are intended to
assist state agencies in meeting that statutory consistency
obligation.

B. The Act also requires that state agencies provide timely notice to the
situs local government whenever an identified action will occur within
an area covered by an approved LWRP. These guidelines describe a
process for complying with this notification requirement. They also
provide procedures to assist local governments in carrying out their
review responsibilities in a timely manner.

C. The Secretary of State is required by the Act to confer with state
agencies and local governments when notified by a local government
that a proposed state agency action may conflict with the policies and
Purposes of its approved LWRP. These guidelines establish a
procedure for resolving such conflicts.

DEFINITIONS

A. Action means:

1. A "Type 1" or "Unlisted" action as defined by the State
Environmental Quality Review Act (SEQR);

2. occurring within the boundaries of an approved LWr-%P; and

3. Being taken pursuant to a state agency program or activity which
has been identified by the Secretary of State as likely to affect
the policies and purposes of the LWRP.

B. Consistent to the maximum extent practicable means that an action will
not substantially hinder the achievement of any of the policies and
purposes of an approved LWRP and, whenever practicable, will advance
one or more of such policies. If an action will substantially hinder
any of the policies or purposes of an approved LWRP, then the action
must be one:

1. For which no reasonable alternatives exist that would avoid or
overcome any substantial hindrance;

2. That will minimize all adverse effects on the policies or purposes
of the LWRP to the maximum extent practicable; and

3. That will result' in an overriding regional or statewide public
benefit.

C. Local Waterfront Revitalization Program or LWRP means a prograrn
prepared and adopted by a local government and approved by the
Secretary of State pursuant to Executive Law, Article 42; which
program contains policies on the management of land, water and
man-made resources, proposed land uses and specific projects that are
essential to program implementation.

III. NOTIFICATION PROCEDURE

A. When a state agency is considering.an action as described in II above,
the state agency shall notify the affected local government.
B. Notification of a proposed action by'a state agency:

1. Shall fully describe the nature and location of the action;

2. Shall be accomplished by use of either the State Clearinghouse,
other existing state agency notification procedures, or through
any alternative procedure agreed upon by the state agency and
local government;

3. Should be provided to the local official identified in the L%*RP of
the situs local government as early in the planning stages of the
action as possible, but in any event at least 30 days prior to the
agency's decision an the action. (The timely filing of a copy of a
completed Coastal Assessment Form with the local LWRP official
should be considered adequate notification of a proposed action.)

C. If the proposed action will require the preparation of a draft
environmental impact statement, the filing of this draft document with
the chief executive officer can serve as the state agency's
notification to the situs local government.

IV. LOCAL GOVERNKDM REVIEW PROCEDURE

A. Upon receipt of notification from a state agency, the situs local
government will be responsible for evaluating a proposed action
against the policies and purposes of its approved LWRP. Upon request
of the local official identified in the LWRP, the state agency should

promptly provide the situs local government with whatever additional
information is available which will 'assist the situs local goverment
to evaluate the proposed action.

B. If the situs local goverment cannot identify any conflicts between
the proposed action and the applicable policies and purposes of its
approved LWRP, it should inform the state agency in writing of its
finding. Upon receipt of the local government's finding, the state
agency may proceed with its consideration of the proposed action in
accordance with 19 NYCRR Part 600.

C. If the situs local government does not notify the state agency in
writing of its finding within the established review period, the state
agency may then presume that the proposed action does not conflict
with the policies and purposes of the municipality's approved L16RP.

D.- If 'the situs local goverment notifies the state agency in writing
that the proposed action does conflict with the policies and/or
purposes of its approved LWRP, the state agency shall not proceed with
its consideration of, or decision.on, the proposed action as long as
the Resolution of Conflicts procedure established in V below shall
apply. The local government shall forward a copy of the identified
conflicts to the Secretary of State at the time when the state agency
is notified. In notifying the state agency, the local government shall
identify the specific policies and purposes of the L%-RP with which the
proposed action conflicts.

V. RESOLUTION OF CONFLICTS

A. The following procedure applies whenever a local government has
notified the Secretary of State and state agency that a proposed
action conflicts with the policies and purposes of its approved LWRP.

1. Upon receipt of notification from a local goverment that a
proposed action conflicts with its approved LWRP, the state agency
should contact the local LWRP official to discuss the content of
the identified conflicts and the means for resolving them. A
meeting of state agency and local government representatives may
be necessary to discuss and resolve the identified conflicts.
This discussion should take place within 30 days of the receipt of
a conflict notification from the local goverment.

2. If the discussion between the situs local government and the state
agency results in the resolution of the identified conflicts,
then, within seven days of the discussion, the situs local
government shall notify the state agency in writing, with a copy
forwarded to the Secretary of State, that all of the identified
conflicts have been resolved. The state agency can then proceed
with its consideration of the proposed action in accordance with
19 NYCRR Part 600.

3. If the consultation between the situs local government and the
state agency does not lead to the resolution of the identified
conflicts, either party may requist, in vriting, the assistance of
the Secretary of State to resolve any or all of the identified
conflicts. This request must be received by the Secretary within
15 days following the discussion between the situs local
government and the state agency. The party requesting the
assistance of the Secretary of State shall forward a copy of their
request to the other party.

4. Within 30 days following the receipt of a request for assistance,
the Secretary or a Department of State official or employee
designated by the Secretary, will discuss the identified conflicts
and circumstances preventing their resolution with appropriate
representatives from the state agency and situs local government.

5. -If agreement among all parties cannot be reached during this
discussion, the Secretary shall, within 15 days, notify both
parties of his/her findings and recommendations.

6. The state agency shall not proceed with its consideration of, or
decision on, the proposed action as long as the foregoing
Resolution of Conflicts procedures shall apply.

2/l/85

DATE DUE

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