Village of Lewiston Local Waterfront Revitalization Program

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

Village of Lewiston
Local Waterfront Revilatlization Program

Adopted:
Village of Lewiston Board of Trustees, December 18, 1989
Approved:
NYS Secretary of State Gail S. Shaffer, February 26, 1991
Concurred:
U.S. Office of Ocean and Coastal Resources Management, April 24, 1991

OFFICE COPY

Received

STATE OF NEW YORK DEC 19 1991
DEPARTMENT OF STATE
ALBANY, N.Y. 12231-0001 CPD/sn
GAIL S. SHAFFER
SECRETARY OF STATE

DEC. 11 1991

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

Dear Mr. Jim Burgess::

Enclosed is the Village of Lewiston Local. Waterfront Revitalization Program (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) 474-6000.

Sincerely,

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

GRS: gn

Enclosure
US Department of Commerce
NOAA Coastal Services Center Library
2234 South Robson Avenue
Charleston, SC 29405-2413

Village of Lewiston
Local Waterfront Revitalization Program

US DEPARTMENT OF COMMERCE

NOAA COASTAL SERVICES CENTER LIBRARY
SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413

Adopted:
Village of Lewiston Board of Trustees, December 18, 1989
Approved:
NYS Secretary of State Gail S. Shaffer, February 26, 1991

Concurred:
U.S. Office of Ocean and Coastal Resources Management, April 24, 1991

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 Avieriue, New York 12231.

US Departmentof Commerce
NOAA Coastal Servi 6-e,� Center Library
2234 South llcboom, Avenue
Charleston, SC 29405-2,@13

@.A

STATE OF NEW YORK
DEPARTMENT OF STATE

ALBANY. N.Y. 12231 -0001
GAIL S. SHAFFER
SECRETARY OF STATE

Honorable Marilyn Toohey
Ma)ror
Village of Lewiston
145 North Fourth'Street
Lewiston, New York 14092

Dear Mayor Toohey:

It iswith great pleasure that T inform you that, pursuant to the Waterfront
Revitalization of, Coastal Areas and Inland Waterwavs Act, 1 have approved
the Village of Lewiston's Local Waterfront Revitalization Program (LWRP).
The Village is to be commended for its thought@ul and energetic response to
opportunities presented along its waterfront.

I will notify State agencies shortly that.I have approved the Village's LWRP
and will provide them a list of their activities which must be undertaken in
a manner consistent to the maximum extent practicable with the Lewiston
LWRP.

Again, 'I would like to commend the Village of Lewiston on its efforts to
develop the.1,WRP and look forward to working with you in the years to come
as you endeavor to revitalize your waterfront.

Sincerely,

Gail S. Shaffer
GSS:gn

Resolution of the Village Board of Trustees
Adopting the Lewiston Local Waterfront Revitalization Proc;ram

WHEREAS, the Village of Lewiston entered into a contract with the New
York State Department of State, dated July 29, 1983 for preparation
of a Local Waterfront Revitalization Program; and

'WHEREAS, a Draft Local Waterfront Revitali'zation Program (DLWRP)
was prepared under said contract with the guidance of Wendel Engineers,.
P.C.;

WHEREAS, a Draft Environmental Impact Statement (DEIS) was prepared
for the Local Waterfront Revitalization Program in accordance with the
requirements of Part 617 of the implementing regulations of Article 8,
of the Environmental Conservation Law; and

WHEREAS, a DLWRP and DEIS were referred to appropriate local, county,
Stat6 and federal agencies in accordance with State and federal
requirements; and

WHEREAS, a Final Environmental Impact Statement (FEIS) was prepared and
accepted by the Mayor and Village Board of Trustees as complete on
November 20, 1989

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Village Board of
Trustees of the Village of Lewiston, New York, that the Local
Waterfront Revitalization Program for the Village of Lewiston is
hereby approved and adopted.

Resolution passed at a regular meeting of the Village Board of
Trustees on December 18, 1989.

I herein certify this is a true and
correc,V coRy of---@sa'd resolution.
'1,4.(
Al@ Ale Aoo-y@
Village Cler-k!JTreasurer

'141 OF CO N.
UNITED STATES DEPARTMENT OF COMMERCE
Nationai Oceanic and Atmospheric Administration
NATIONAL OCEAN SERVICE
OFF(CE OF OCEAN AND COASTAL RESOURCE MANAGEMEN
"A' Sol T
Woshington, D.C. 20235
APR 2 4 1991

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 Village of Lewiston Local Water-@
front Revitalization Program (LWRP) into the New York State
Coastal Management Program as a Routine Program Implementation
(RPI) change-. We received comments from eight Federal agencies,
none objecting to incorporating the LWRP as a RPI. 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 Village of Lewiston
after you publish notice of our approval.

Sincerely,

@/'James P. Lawless
Acting Director

Section TABLE OF CONTENTS Page

I. WATERFRONT REVITALIZATION AREA BOUNDARY I-1 - 1-5

II. INVENTORY AND ANALYSIS

A. Historical Development .............. 1-3

B. Water and Land Resmirces ............. 11-4 -11-47
1. Niagara River/Lake Ontario Area ..... IJ-4
2. Water Quality . . . . . . . . . . . . . . . . 11-4 -11-5
3. Water Uses/ Classifications . . . . . . . . . 11-5 - 11-9
4. Natural Resources : . . . . . . . . . . . . 11-9 -11-15
5. Human /Cultural Resources . . . . . . . . . 11-15 - 11-16
6. Land Uses and Physical Conditions . . . . 11-16 - 11-37
7. Community Services/ Infrastructure . . . 11-37 - 11-47

III. STATE AND LOCAL COASTAL POLICIES . . . . . . . . III-1 - 111-32

IV. PROPOSED LAND AND WATER USES AND PROPOSED PUBLIC
AND PRIVATE PROJECTS

A. Proposed Land and Water Uses . . . . . . . . IV-3 - IV-6
B. Waterfront Preservation and Revitalization Strategy IV-6 - IV-@)
C. , Proposed Public and Private Projects . . . . . . IV-9 - IV-1-3

V. TECHNIQUES FOR LOCAL IMPLEMENTATION

A. Local Laws . . . . . . . . . . . . . . . . . . . . V-3 - V-5
B. Other Actions Necessary to Implement the LWRP V-5 - V-8
C. Management Structure Necessary to Implement
the LWRP . . . . . . . . . . . i . . . . . . . .. V-8 - V-10
D. Financial Resources Necessary to Implement
the LWRP . . . . . . . . . . . . . . . . . . . . V-11

VI. FEDERAL AND STATE PROGRAMS LIKELY TO AFFECT IMPLEM[ENTATION

A. State and Federal Actions and Programs Which Should
Be Undertaken Consistent with LWRP
I . State Agencies . . . . . . . . . . . . . . . VI-4 - VI-15
9. Federal Agencies . . . . . . . . . . . . . . VI-16 -VI-22

B. Fpderal and State Actions and Programs Necessary to
Further the LWRP . . . . . . ... . . . . . . . . . VI-23 - VI-24

VII. CONSULTATION WITH OTHER AFFECTED AGENCIES

A. Narrative . . . . . . . . . . . . . . . . . . . . VII-3
B. Procedure . . . . . . . . . . . . . I . I . . . . VII-3 - VII-4
f@. Focus . . . . . . . . . . . . . . . . . . . . VII-4 - VII-6
D. Review of Draft LWRP . . . . . . . . . . . . . . . VII-6

TABLE OF CONTENTS
CONTINUED

Section Page No.

VIII. OBTAINING LOCAL COMMITMENT

A. Citizens' Advisory Committee ........... V111-3
B . Resource Locations Naterials ........... VIII-3
fl. Developing Support for LWRP ........... V111-3 - V111-4
D. Local Commitment . . . . . . . . . . . . . . . . . V111-4
E. Public Participation . . . . . . . . . . . . . . . . V111-4 -VIII-5

APPENDIX A - AMENDMENT TO VILLAGE PLANNING REGULATIONS

APPENDIX B - AMENDMENTS TO VILLAGE ZONING ORDINANCE

APPENDIX C GUIDELINES FOR REVIEW OF PROPOSED STATE AND FEDERAL
ACTIONS

LIST OF MAPS

NIT 0. Description

I. Local Waterfront Revitalization Area (LWRA) Boundary
2. Water Resources and Classification
3. General Topographic Regions
4. Existing LWRA Land Use
5. LWRA Land Resources
6. Village Zoning Districts
i . Historic Sites
8. Transportation and Parking
9. LWRA Water Lines
10. LWRA Sanitary Sewers
11. Proposed Land and Water Uses
12. Existing Land Use - Lewiston Landing Waterfront Park Site
and Adjacent Lands
13. Lewiston Landing Waterfiont Park Plan (concepted plan)
14. Proposed Project Locations
15. Management Structure for Review of Actions in the LWRA

LIST OF TABLES

No. Description

I Existing Village Land Uses - Acreage
2. Existing LWRA Land Uses - Acreage
3. WaterfrontUse Inventory
4. Shoreline Ownership and Accessibility
S. Project Schedules and Resources

I
9, SECTION I
WATERFRONT REVITALIZATION AREA-BOUNDARY

A. LWRA BOUNDARY

The boundaries of the Village's Local Waterfront Revitalization Area (LWRA) are as
follows:

0 The LWRA boundary first contacts the Village from the north at the
confluence of the eastern and northern limits of the Village, commonly
delineated as the Village Line;

0 The boundary runs easterly along the northern Village Line to the east
right-of -way line of Second Street (known as State Route 18F) , where
it intersects with the Village Line; then,

0 Southerly along the east right-of -way line of Second Street to the north
right-of -way line of Oneida Street; then,

0 Easterly along the north right-6f -way line of Oneida Street to the east,
right-of -way line of Fourth Street; then,

0 Southerly along the east right-of -way line of Fourth Street across
Tuscarora Street and to the southern right-of -way line of Tuscarora
Street; then,

0 Easterly along the southern right-of -way line of Tuscarora Street to a
point approximately 390 feet east of the eastern right-of-way line of
Seventh Street (not surveyed) coincident with the southeast corner of
Parcel No. 3178, as recorded in the Niagara County Clerk's Office,
Lockport, New York (Liber 1671, page 21); then,

.0-- Generally northeasterly along the eastern property lines of Parcels NO.
3178 and 3177, as recorded above, to the intersection of the east
property line of Parcel No. 3177 with the south right-of -way line of
Seneca Street, approximately 24 feet west of the west right-of-way line
of South Eighth Street; then,

0 Generally easterly along the south right of way line of Seneca Street to
the intersection. with the centerline of Robert Moses Parkway right of
way; then,

0 Generally southwesterly following the centerline of the Robert Moses
Parkway right of way to the Town of Lewiston line; then,

0 Westerly along the Village/Town of Lewiston line to the Village
waterside boundary; then

0, Northerly along the Village Waterside Boundary to the -northern limit of
the Village at the Village/Town line, to the point of beginning.

1-3

B. WATERSIDE BOUNDARY

The waterside boundary of the LWRA is established by the waterside boundary of the
Village. This boundary is coterminous with the New York State/ United States
Border with Canada which is located in the Niagara River.

See Figure 1, which graphically displays the LWRP boundary.

1-4

V I L L A G E LEWISTON FIGURE I SECTION I

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0 14 A W IL

415,
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SECTION II

INVENTORY AND ANALYSIS

A. HISTORICAL DEVELOPMENT

The Lower Niagara River and Lewiston area historically played a key role in the
commerce and growth of the Niagara Frontier. Early Indians vied for the control of
Great Lakes access afforded by the River and established important settlements in
the vicinity. The old Lewiston Trail, which followed Center Street in the Village,
traversed the ridge of pre-historic Lake Iroquois and was the major Indian
transportation route and trade artery between the Niagara Frontier and the Mohawk
Valley.

Recorded activities of European explorers can be traced to 1615 when Stephen Brule,
an interpreter for the French explorer Champlain, visited the Neuter Indians and
spent the winter in the area. He was followed by numerous traders and explorers,
who established Lewiston as the primary transfer point of goods through the area via
the Niagara Portage around the falls (which have since receded to their present
location six miles down river). The first trading post was established in 1720 by
Chaubert Joncaire, a French trader, and in 1764, Captain John Montressor built the
first tram railway in America to transport goods up the Niagara Escarpment. The
natural landing point at Lewiston and the western terminus of the Lewiston Trail to
Albany made the community a major frontier trading settlement, with a thriving
portage business, before 1800.,

In 179'8, the Village of Lewiston was created by the New York State Legislature when
the State Surveyor was requested to survey and establish a village of one square
mile opposite Queenston, Ontario in honor of New York's Governor Lewis. In 1811,
Lewiston became a major port as the Niagara Customs House was moved to the
Lewiston docks from Fort Niagara. By 1817, lake steamers were arriving at the
Lewiston docks at the foot of Center Street. The population of the Village grew to
over 6,-000, nearly twice the current population, with development spreading out
from the center of the waterfront.

Although waterfront commerce declined greatly with the completion of the Erie Canal,
and subsequently the Welland Canal, lake freight via steamers to Toronto and the St.
Lawrence River was still important into the early 1900's. The growth of the railroads
in America further diminished the activity of lake commerce, but supported the
growth of tourism and recreation in the area. Lake steamers continued to carry
passengers from Lewiston until 1938, when ice jams destroyed the docks. The Great
Gorge Scenic Railway from Niagara Falls to Lewiston ran to the docks (with its
adjacent hotels) until the 1930's.

Although tourism remains the primary industry of the Village, the. historic
waterfront is no longer the center of this activity or village life. Recently, however,
with improved water quality and increased recreational use of Lake Ontario and the
Niagara River, the natural landing point at Lewiston,'providing rare access along
the steeply embanked Niagara River gorge, has taken on renewed importance.
Today, there are new opportunities for restoring the Village's historical association
with the Niagara River in traditional and new ways.

11-3

B. WATER AND LAND RESOURCES

1. NhMum River/Lake Ontario Area

The lower Niagara River is a swift, north flowing water course that is the
spillway between Lakes Erie and Ontario. As the major outlet for the upper
Great Lakes, it provides critical water level adjustments and acts as the
control for Lake Erie elevations. It empties into Lake Ontario and on through
the St. Lawrence Seaway System to the Atlantic Ocean. Average mean water
elevation is 248-249 feet (International Datum) above sea level at Lewiston.
However, maximum daily fluctuations recorded at the Niagara Power Station
(Power Authority of the State of New York) can be three feet above Lake
Ontario (mean elevation of 243-247 feet) at the mouth of the River according
to the U.S. Army Corps of 'Engineers. This results in a maximum daily
variation in river water level from 244-250 feet at Lewiston, or a six-foot level
change that must be compensated for in any in-water or shoreline
improvements.

The Niagara River runs through a steep gorge near Lewiston and is well
protected from wind and storm action. This creates nearly continuous calm
water, excellent for boating and water activities. These activities increase
even more when Lake Ontario and the mouth of the River are roughened by
winds, as the area acts as a safe harbor large enough to support numerous
water sports (sailing, water skiing, fishing, etc.). In addition, the River is
widened at Lewiston (due to the original location of the falls at the Niagara
Escarpment that created a splash pool at Lewiston) which provides a natural
refuge from the swift river current. Water flow is actually up-river at the
Lewiston shore, creating a safe shelter for boat launching and landing. It
also provides a protected area for spawning of perch and smelt just north of
the Lewiston docks. The River is about 1, 300 feet wide at this point and
approximately 120-180 feet deep. This offers excellent navigational waters
that attracted the early lake steamers to Lewist.onin the 1800's.

2. Water

The quality of Lower Niagara River water is partially dependent upon po Iint
sources and runoff from upstream uses in the entire Great Lakes System. As
the River is a spillway of the system above Lake Ontario, much of the
pollutants are carried from the upper lakes and move. through the River.
Recent problems associated with River pollution include seasonal algae bloom
in Lake Erie and the East Branch of the Niagara River, occasional industrial
discharges into the upper river (reference: "Niagara River Toxics Report")
and possible leachate from toxic landfills into the drainage system, including
the river upstream. The swift-riinning current of. the Niagara River
currently creates sufficient dilution and transmission of potential pollutants
to reduce pr'oblems; of water quality or sedimentation. Sediment samples taken
off the Lewiston dock for a NYSDEC permit for dock renovation (Permit #932-
07-0080; March, 1983) indicated total halogenated organics (THO) and.
mercury levels dramatically below allowable standards: THO samples-0.13
parts per million; mercury levels-0. 11 parts per million; NYSDEC standard is
50 parts per million. Oxygen levels in the lower River are near saturation and
are excellent for fish support.

11-4

Water quality is an important concern to the Village in support of fishing and
-recreation opportunities. The River is currently designated Class A -Special
(International Boundary Waters) and should be retained as such to preserve
this natural resource. The major concerns along the Village shoreline include
bank erosion and urban runoff. A section of the shoreline between Onondaga
and Center Streets (south of the docks) is unprotected and subject to erosion
and should be bulkheaded -to reduce further deterioration. Bulkheads south
of Center Street may need to be repaired. In addition, overland runoff from
the LWRA exits indiscriminately into the Niagara River at numerous points.
They often carry urban pollutants (salt, dust, settled particulates) and
should be better managed. A drainage study of road/ residential runoff into
the River is required to insure that recreation opportunities and critical fish
habitats are not compromised.

3. Water Uses/ Clasaffication

Lewiston is one of the older communities in Western New York and has been
developed for many years. As a result of historical changes in commerce and
land use, the waterfront has become underutilized and somewhat neglected.
To help assess opportunities for new waterfront uses, off -shore areas have
been classified as either River Channel, Transition Waters, or Shoreline
Waters and existing water uses and activities within each area have been
inventoried (Figure 2).

a. River Channel

The Niagara River Channel is well off the shoreline of Lewiston and'
represents swift-running waters designated as navigable'by the U. S.
Army Corps of Engineers. Typical uses include boating, fishing.,
access to Lake Ontario and other river locales, and municipal water
supply (farther up-river above the FaHs). The channel is quite deep
and no longer used for commercial purposes, but provides active
recreational and pleasure uses to the area. Local fishing includes
perch, smelt, salmon, trout and bass.

b . Transition Waters

The Transition Waters of the River are defined as the area between
shore-Une facilities and the channel from the area of Cayuga Street to
Oneida Street, inclusive. ' It is a refuge from the river channel. where
water flow reverses, creating a mild up-river eddy and protected boat
landing opportunity. The area is fully accessible by'deep water as the
river bottom slopes off very sharply from the shore (formed by the
ancient plunge pool of the original Falls). No significant shoaling or
siltation is known to exist in this area. In the northern portion of this
area lies a fish spawning area that is highly favored for fishing (perch,
smelt).

Major activities in the Transition Waters are varied. Powered and non-
powered boats use the waters for access to shoreline facilities. Off -
shore fishing is frequent in this area as in on-shore fishing from the
banks, docks and pier. During the summer season, it is not unusual

H-5

to find children swimming in these waters and/or jumping from adjacent
docks. In addition, there is high-speed boating and water skiing,
including a ski-jump maintained by a local water ski club and anchored
in the water during the main season (May -September).

Many of these uses tend to be inconsistent with one another. The use
of high-speed boats and water skiing often conflicts with fishing, non-
powered boating or sailing and boat launching I access to shoreline
facilities. Most power boat activities conflict with swimming in the area
and may pose a substantial hazard to the safety of those in the water.
A resolution of incompatible uses and some segregation is required to
accommodate the range of activities, and not totally compromise or
endanger one for the sake of the other. Of key importance, also, is the
preservation of the fish spawning area to protect the resource that
currently draws the bulk of patrons to Lewiston and its waterfront.

C. Shoreline Waters

Shoreline waters are defined as the area immediately adjacent to the
shoreline. This area extends for over 5,600 feet and is where land and
water uses interact most heavily. It includes important natural and
man-made features which need to be considered in planning for the
waterfront.

According to maps provided by the NYS Office of General Services,
most of the nearshore area within the Village of Lewiston is owned by
the State of New York. In 1895, however, the State - made four
"beneficial enjoyment grants" which generally convey full ownership
rights to upland property owners, provided that the underwater lands
were subsequently conveyed to these owners. Ownership rights,.
however, do not exempt owners from local, State, and Federal
regulations governing the use of the underwater lands or the waters
flowing over these lands.

According to the OGS maps, the four underwater parcels, all of which
are adjacent to the shoreline, include: (1) a parcel extending for the
entire length of the block between the Oneida and Onondaga streets
right-of -ways, about 465 feet, and extending off -shore for 125 feet on
the north side and 100 feet on the south side; (2) a parcel extending
south of the Seneca Street right-of -way for approximately 260 feet and
extending off @-shore for about 120 feet; (3) a small parcel, 67 1[2 feet
by 119 feet, located just north of the Tuscarora Street right-of -way;
and (4) a parcel located between the Tuscarora and Fourth Streets
right-of -ways, which extends for 935 feet at the shoreline and extends
off-shore for 100 feet on the north side and 73 1/2 feet off the south
side. (Note that the location of these parcels with respect to the
shoreline may have been altered with changes in the shoreline from
erosion, filling or other factors and can only be determined by a
property survey).

H-6

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Steep banks crown the shoreline north of Onondaga Street and south of
Cayuga Street, limiting the development and potential for development
of in-water structures. The northern portion of the shoreline above
Onondaga Street currently contains no in-water or shoreline struc-
tures. Valuable fish spawning beds exist in and adjacent to this area,
making it an important sport fishing resource (see also the Fish and
Wildlife chapter, below). The area, which is accessible only by boat,
is best preserved for fish production. The lands adjacent to the
shoreline are privately owned (except for paper street ends.) and there
is some potential for development of private docking and mooring
facilities by adjacent upland property owners. Such facilities need to
be properly planned, designed and constructed so as to ensure boating
safety, boat access to public facilities at Lewiston Landing, protection
of fish resources, and preservation of the natural erosion protection
and scenic features of the shoreline bluffs.

The southern portion of the shoreline below Cayuga Street is bordered
by Artpark and privately owned lands. A public fishing pier, pro-
viding limited shore fishing, is located within Artpark. No other in-
water or shoreline structures exist in this area. The area is not easily
accessible, but like the northern portion of the shoreline, has some
potential for development of private docking and mooring facilities by
adjacent property owners.
The shoreline between Cayuga and Onondaga Streets is the most
accessible portion of the waterfront and contains public and private
boat docking facilities. The shoreline is protected by bulkheads. The
public docks, a double boat launch, and bulkheading at Lewiston
Landing (north of center street) are of recent construction and in
excellent condition. The facilities are used year-round for fishing and
boat launching. The area to the south of Lewiston Landing presents
the best opportunity along the Lewiston shoreline for public and/or
private expansion of boat docking facilities. (See the Public Access and
Recreation chapter for further description.)

4. Natural Resources

a. Geography

The Village of Lewiston lies in the western part of Niagara County at
the base of the Niagara Escarpment. It is part of the Iroquois Plain
which stretches from the Escarpment to Lake Ontario and covers the
entire northern half of Niagara County. The Plain is gently rolling
near the Village and varies in elevation from 245 feet above sea level at
the Lake to 600 feet at the Escarpment. The Escarpment is composed of
mixed sandstones (Whirlpool, Grimsby and Thorold), capped by
Lockport Dolomite, while the Iroquois Plain is Queenston Shale which
underlies the entire area about 1, 200 feet thick. These formations are
generally overlain with glacial tM and/or sandy, fine-textured soil of
moderate to poor drainage characteristics. The Niagara Escarpment
and Iroquois Plain are the northernmost geologic features of the region
(Figure 3).

U-9

The Niagara Escarpment runs through the southwest portion of the
Village of Lewiston and forms a dramatic backdrop to the community.
The Escarpment at Lewiston was the original location of Niagara Falls,
which eventually receded to its current position six miles to the south.
The majority of the Village is built on the flat plain below the
Escarpment which falls off toward the Niagara River near the water-
front. Most of the waterfront is bordered by steep bluffs of one
hundred feet or more, with the exception of the area at the base of
Center Street, known as the Lewiston Landing. Water access at this
point has been a historical resource that initiated the formation of the
community. Waterfront elevations range from 246.5 feet at the River to
350 feet along the western LWRA boundary and as high as 550 feet at
the top of the Escarpment. Soils tend to be deep and moderately well-
drained (Lacustrine Sand deposits) in the LWRA and deep, poorly-
drained (Rhinebeck/ Ovid) in the rest of the Village. Occasional
outcroppings of glacial boulders embedded in a shale/ red clay mixture
occur in the LWRA within Artpark.

The majority of the Village drains to the Niagara River via overland flow
and inadequate street ditching. Soils possess generally poor drainage
characteristics and are subject to moderate erosion near the waterfront,
due to steep slopes and their shale/clay composition. Development
within the LWRA is limited by soil composition and best restricted to
residential and recreation uses.

b. Vegetation

Niagara County is in the Oak-Hickory forest biome indigenous to most
of Western New York. Characteristic species in .clude Red Maple,
Beech, Hemlock, White Oak, Elm, Chestnut, Hickory and a variety of
other oaks and hickories. A number of plants that are on the New York
State list of protected species occur in Niagara County and include the
showy Calpiphilic group found along the Niagara River Gorge. Common
species occasionally found in wooded areas 'or along bluffs include
Butterfly-Weed, American Bittersweet, various fern (Buckhorn, Curly-
Grass, Maidenhair, Salvinia, Walking-Leak, Woodsia, etc.), Blue-
Bottles, Golden-Seal, Lily, Cardinal Flower, Wild Crabapple, Bloodroot
and Trillium.

Lewiston is an integral part of county flora groups. However, since the
Village is mostly developed, many of the species indigenous to the area
are not found and their propagation has been diminished. The only
valuable forest areas in the Village coincide with the steep slopes
encountered along the Escarpment, waterfront and between First and
Third Streets (Onondaga to Cayuga, along inland slope). These areas
are mostly unsuitable for urban development and have retained some
mature trees and natural vegetation. These slope areas also, present
the primary land forms within the Village that offer diversity and
represent a substantial natural resource in the coastal area.

11-10

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C. Fish and Wildlife

Fish: The lower Niagara River is one of the best fishing spots in
Western New York, offering year-round game and pan fishing,
numerous annual fishing derbies and excellent warmwater1coldwater
fisheries. The lower one-mile (near Lake Ontario) is fine spawning for
smallmouth bass and panfish (perch, blackbass and smelt in
abundance). Significant seasonal game fish include coldwater species
(stocked coho, chinook and steelhead salmon; rainbow and brown trout)
and warmwater species (northern pike, bass and walleye). The stocked
species have had a favorable effect on the sport fishing industry,
replacing the blue pike and lake sturgeon which are classified as
endangered. Although numerous fish kills have been recorded in Erie
and Niagara Counties (NYSDEC, 1970-1976), no significant losses have
been. noted along the Lower Niagara River.

Lewiston's waters are renowned for local panfish species and contain
smelt and perch habitat just north of the boat landing in the Niagara
River that is important in. attracting game fishing to the area. The
nearby river gorge also is one of the best game fishing spots for area
anglers. Varieties of perch 'and smelt are caught on-shore at the
Village, while off-shore game fishing makes the landing an active boat
launch site, year-round.

Fowl:'The Lower Niagara River area is an excellent habitat for many
local and migratory birds and waterfowl. The open river .(year-round)
and steep bluff s offer summer and winter refuge and good. feeding
conditions for gulls and various waterfowl species. Herring, Ring-
billed, Bona-partes' and other gull species are commonly found in
abundance in the river gorge and along the lower river area. Wintering
waterfowl populations (NYSDEC winter survey, 1970-1976 indicated an
average of 2,135 on the Lower Niagara River) include the Black. Duck,
Mallard, Scaup, Canvasback, Bufflehead, Merganser and other species..
These species are continually threatened by up-river pollution that
affects both summer and 'winter waterfowl. The shores of the Niagara
River also provide modest habitat for small birds and pheasant.
Although the Village is urban in character, many species such as the
sparrow and various songbirds occupy the wooded areas in limited
numbers. Among the endangered species that may occasionally migrate
through the area are the American and Arctic Peregrin Falcon and the
Bald Eagle.

Wildlife: The Village of Lewiston contains no significant animal
population, although deer, fox and other mammals are known to exist
in many parts of Niagara County. Undeveloped lands along the shore-
line in the southern part of the LWRA (Artpark) and south of the
Village provide refuge for'bird and waterfowl and are also likely to
contain a variety of indidenous mammals including opossum, raccoon.,
skunk, chipmunk, squirrel, rabbit, mice, moles and other small
animals. The only endangered animal that might occur in the area is the
Indiana Bat, known to have existed as isolated individuals in Western
New York.

11-13

d Flooding, Erosion, and Wetlands

The Lewiston shoreline has a -very small flood-prone area, as
determined by the Federal Emergency Management Agency. The only
likely inland area of potential inundation is the gully in Artpark near
the south Village line. This is the only portion of the waterfront
unprotected by steep slopes along the shore where flood waters can
encroach on adjacent property. Major flooding in the Village in past
years has been attributed to ice jams in the River that caused ice levels
to rise nearly seventy feet over normal water elevations. These events
have been significantly reduced by the installation of the ice boom at
the mouth of the River in Buffalo. The ice boom successfully limits
down river ice accumulation and mitigates flood and erosion damage and
keeps the Lower Niagara relatively ice-free most of the year. Flooding
of the magnitude described above has not occurred in over 20 years and
not since the ice boom has been utilized.

Shoreline erosion has not been significant in Lewiston, but has resulted
from two main causes - deterioration of the occasionally exposed
shale/ clay slopes near the waterfront and ice damage from winter ja 'ms.
While ice jams have been curtailed by use of the ice boom up river, the
demise of local shale to red clay requires stabilization and vegetation
cover to retard erosion damage. Any disturbance of slope areas need
to be accompanied by adequate pitching and appropriate tree/ ground
cover and restoration of exposed - slopes, especially near the
waterfront.

The Village contains no designated wetlands within its boundaries,
based on County surveys by NYSDEC. No significant wet areas are
identified.

e. Climate and Air Qualit

Climatic conditions in Lewiston are heavily influenced by the prevailing
westerly winds and weather patterns. These typically produce summer
circulation systems from the Gulf of Mexico and winter circulation
systems from Canada. The proximity of Lakes Erie and Ontario tend to
moderate temperature ' in the area and also increases annual
precipitation from additional local air moisture. Local data is collected
nearby at the U. S. Weather Bureau Stations in Lockport (440 feet
elevation,, in initiated 1891) and Buffalo Airport (705 feet e 'levation,
initiated 1870). The Lockport station collects temperature,
precipitation, wind a-rid snowfall.

Average annual precipitation in Lewiston is twenty-nine inches, which
includes an aveiage sixty-five inches of snowfall per year (6.5
equivalent inches of water). Annual snowfall is among the lowest in the
region, which increases substantially to the south to a maximum average
of 140 inches in southern Erie County. Snow accumulation occurs
primarily from December through F ebruary and annual thaws in March
and April can occasionally create significant runoff in combination with
spring storms. Average annual temperature at Lockport is 47.3

11-14

degrees, with a maximum of 103.0 degrees and a minimum of -24.0
degrees having been recorded. Based on data recorded at Buffalo,
average annual humidity is 80% at sunrise and 64% in the early
afternoon. Cloud cover occurs approximately 47% of the time during the
year, with, March to October being the predominantly sunny periods.

Air quality in Lewiston is monitored by New York stations in Lockport
and Niagara Falls and a Niagara County station in the Village of
Lewiston . The Village is in regional classification area Level 11 for
suspended and settleable emission particulates, which comprise the
major air quality elements related to public health. Total particulates
must not exceed 100 tons per year in accordance with U. S. EPA
standards.

Suspended particulates make up the bulk of total particulates and are
critical due to their potential respirability and, therefore, harm to
health. NYSDEC data repor 'ted in April, 1977 indicated that the
Lewiston monitor provided an annual geometric mean of 49 ug/ m' (1975 -
1976) which is well below the standard of 65 ugim' for Level II
classified areas. Nearby monitoring stations active from 1970-1976
demonstrated a continual decline in suspended particulates recorded.
Settleable particulates represent dustfall in the air which, although a
nuisance, are not as critical to public health. Monitors in 1974 and 1975
(.30 day periods) produced annual geometric means of 0.33 ugim' and
0. 44 ugI m'. respectively, which exceeded the standard of 0. 40 Ug/M3
in 1975. Combined total particulates have not been known to be
exceeded in Lewiston at any time.

Mobile source pollutants are not considered a problem in Lewiston, as
most regional monitors do not exceed existing air quality standards and
critical levels are mitigated through improved vehicle equipment by
1985. Acid rain presents recurrent problems in the entire region from
sources outside the area.

5. Human/ Cultural Resources

a. Demography

The population of the Village of Lewiston is relatively static, having
increased only slightly, by 1.0 percent, from 3,292 in 1970 to 3,326 in
1980. A recent projection (September, 1985) by the Erie and Niagara
Counties Regional Planning Board (Population, Disaggregation for
Transportation Purpose) for the year 2010 shows a small rise in
population to 3,382, an increase of 1.6 percent over the 1980
population.

Median age in the Village is a relatively high 35.0 years, compared to
a County-wide average of 29.0.years in 1980; 656 persons, or 19.7
percent, were 62 or older in 1980. Becauseof the high concentration'
of elderly, the number of persons per household, 2.58 in 1980, is lower
than the County average. Of the 1,250 households in the Village, 73%
40

11-15

were family households (married couples with or without children) and
27% were non-family households. or
In 1980, some 50% of the population was in the labor force;
unemployment was 7.34% of the labor force. To a considerable extent,
a large proportion of the employed, 45.2%, were executive, adminis-
trators., managers, professionals or administrative support, included
clerical works.

This high concentration of managerial-type personnel is reflected in the
median household income of $21,489 in 1980. Two-worke'r families
accounted for 59.3% of all families, which, combined with the status of
the employed group, helps explain the relatively high household
income. As a corollary, owner households had a mean income of $30,153
while, for the renters, household income was $18,096 in 1980.

Median educational level was high, 12. 0 years. Some 86.2% of all pupils
in primary and secondary schools were in public schools. The average
number of school children per household was 0. 7.

The mean value of owner-occupied units was $47,859 and median rent
was $291 monthly, in 1980.

6. Land Uses and Physical Conditiow

The Village of Lewiston contains 640 acres, or one square mile. Detailed land
use data was collected in 1968 for the Lewiston Master Plan and updated in
1975 from LUNR maps.. Categories from these s .urveys are shown, in Table 1,
and have not substantially changed. Urban uses (residential, commercial and
roads) represent nearly 70% of Village development, while public, institutional
and recreational uses total over 18%. Useful vacant land (not on steep slopes)
is less than 10% of total land and no agricultural uses exist in the Village. The
only major land use changes since 1968 have been the development. of Artpark
and the conversion of an elementary school for a Village Hall at Fourth and
Onondaga Streets. Lewiston is considered a stable, established community
of predominantly residential character.

Total acreage in the LWRA is 211 acres, Which is 33. 0% of total Village land.
The LWRA (Figure 4) is simila,r to the Village in land use, but has a higher
share of public /institutional uses and lower percentages of urban uses (Table
2). Most of the Village public/ institutional space (75.6%) is in the LWRA.
While the bulk of this is in Artpark (50 acres), it also includes the Village
Hall, Lewiston Landing and wooded areas along the waterfront.

The low roadway percentage of the LWRA relative to the Village (23% of total
acreage versus 33% Village-wide) demonstrates the potential access problems
that plague the waterfront. The center of the Village's commercial district is
located outside of the LWRA toward the eastern end of Center Street, but
commercial uses extend along Center Street to the LWRA boundary at Fourth
Street. Commercial development in the LWRA is concentrated in the two-
block area east of First Street and south of Center Street.

11-16

the majority of open spacelvacant land coincides with steep slopes that are
restrictive to construction-. The difficult terrain of the LWRA has been, and
continues to be, a major factor shaping land uses and development. Most of
the shoreline is bordered by very steep, 30-100 foot banks. Another steep
slope crosses the waterfront area diagonally from' approximately Mohawk
Street at the river to the intersection of Seneca and Fourth Streets, causing
the breaks in the grid pattern of the streets through this area. While the two
blocks along the shoreline between Cayuga and Onondaga Streets to First
Street is the most accessible portion of the waterfront from both the water and
the land (via Center Street), the area is still relatively steep and hilly.
Development on the west sides of both First Street and Water Street sits on top
of the steep banks which traverse this area.

Lewiston's development began at the foot of Center Street along the narrow
band of relatively accessible waterfront which gave the economic incentive for
growth. As development spread, it was concentrated on the more suitable
flats between the hill at the waterfront and the Niagara Escarpment. This has
left the LWRA as mostly residential and public space. It is anticipated that the
area along Water Street can be used for concentrated waterfront development
to capitalize on the natural attributes of the area and the extensive tourist
-trade. The principal impediments are the lack of adequate public and private
recreational facilities and the lack of visible access between the central area
of the Village and the waterfront. While little developable vacant land exists
in the Water Street - Center Street area, much of the existing development is
underutilized or inappropriate for waterfront activities.

a. Shoreline Uses and Conditions

This portion of the LWRA comprises the entire shoreline of the Village
from First Street to the Niagara River. The shoreline area encompasses
5,630 linear feet, devoted to a variety of public and private uses. Only
the 1, 190 feet at thei end of Center Street is directly accessible and
currently useable. Approximately 710 feet of this area (north of Center
Street to Onondaga Street) is under public ownership and contains the
Lewiston Landing, a new boat launch and docking facility built on the
site of the historical landing area.

Lewiston Landing is part of a partially developed Village park,
currently referred to as Lewiston Landing Waterfront Park. Current
uses of the park are limited to the dock area (west of Water Street) and
include fishing, passive recreation (walks, benches), boat launching
and,'oecasionally, swimming. 'An abandoned coal silo (1, 000+ square
feet) stands next to the landing against the bank. Although the launch
and bulkhead are new, the silo is deteriorated, detracting from the
attractiveness of the area. The top of the bank to Water Street is'also
publicly-owned and used for roadside parking for trailered and non-
trailered vehicles.

The adjacent block east of Water Street is also largely publicly-owned.
The Village's Department of Public Works garage, abandoned sewage
treatment plant, pump station, and storage building occupy most of the
block. Two residences are located in the northeastern corner of the

11-17

block. Existing plans call for this block to be developed as part of the
Lewiston. Landing Waterfront Park (see below, Public Access and
Recreation).

Immediately south of Center Street is a private marina, set on finger
docks -along 460 feet of wooden bulkhead. This is the only water-
dependent use located in the Village aside from the Lewiston Landing
boat launch and dock and the Artpark fishing pier. About 30+ boat
slips are available and boats are repaired and stored along the
waterfront. Access is provided via a marginal gravel road at the end
of Center Street which is posted private. A few deteriorated buildings
exist and the entire area lacks attractiveness.

The marina property is leased to the current operator by the owners of
the Riverside Inn, which is located at the top of the bank on the east
side of Water Street. Originally a waterfront hotel built in 1870 to take
advantage of lake travel and tourism, the Riverside Inn is now a fine
restaurant and a locally identified historic site. While in generally good
condition, the building needs some. exterior work and its setting would
benefit from improved landscaping. Commercial, water-enhanced uses
extend into the block to the west of Water Street and south of Center
Street. Uses included: a motel in fair condition; the Village Inn, a
popular tavern and locally identified historic site; a private parking lot
that accommodates area patrons; and a few residences fronting on First
Street.

Because of its proximity to the Lewiston Landing Waterfront,Park and
its accessibility, this two-block area is critical to realizing the full
potential of the Village's waterfront area. Although development is
limited by the hilly topography, developable land is not utilized to best
advantage. Given the Village's existing and planned investment in the
park and the growing interest in waterfront property throughout this
region '' it is reasonable to assume that private investment will be
attracted to the area. While such investment should be encouraged'I
development should be planned to physically and visually complement
the Lewiston Landing Waterfront Park, to extend public access, to
preserve and upgrade the existing marina facilities, and to provide
commercial services which support recreational uses and tourism.
These objectives may be best accomplished. through some form of
cooperative, public-private efforts.

North and south of,the two-block boat launch and dock area are resi-
dential units or undevelopable banks - North of Onondaga Street are
ten single-family units, one of which is in deteriorated condition.
Immediately north is the Oneida Street right-of-way controUed by the
Village. Beyond the right-of-way, the steep river bank makes
construction exceedingly difficult. Water Street is the only access,
dead-ending 475 feet north of Onondaga Street. Nevertheless, there
is some potential for development in this area, as demonstrated by past
proposals to develop townhouse condominiums. North of Mohawk Street
is the Niagara Frontier Bible Institute, which is well-maintained,
extends eastward* to Second Street and includes a locally identified

IT-is

historic site known as DeChantal Hall. Although the property has the
potential for conversion to higher density uses, the Bible Institute is
expected to maintain its facilities here for the foreseeable future.

The shoreline area south of the Cayuga Street right-of-way is also
occupied by residential uses. Approximately twenty single family
residences are located along First Street and a few multiple units are
located on Guard Street. About two-thirds of the residences on First
Street need minor improvements, which would improve the attractive-
ness of the shoreline. These range from simple painting to exterior
repairs and landscaping. South of the Guard Street development, the
shoreline area is within Artpark, which is controlled by the Niagara
Frontier Parks Commission (see below, Public Access and Recreation,
for further description).

Table 3 summarizes the uses and conditions along the shoreline. Figure
5 summarizes the LWRA Land Resources

b. Upland Uses and Conditions

The area east of First Street is occupied primarily by stable residential
-uses. Notable exceptions are the Village Hall and adjacent playground,
located between Onondaga and Ridge Streets and Fourth and Second
Streets, and Artpark. An undeveloped pathway, known as the
Onondaga Trail, follows the Onondaga Street right-of -way from the
intersection of Second and Onondaga 'Streets down the hill -to First
-Street. If improved, this trail could provide pedestrian access and an
attractive open space link between the Lewiston Landing. Waterfront
Park and the Village Hall and playground.

More important for realizing the potential economic benefits of public
and private waterfront investment is the need to better link the
waterfront area to the Village's Center Street commercial district to the
east and to. Artpark to the south. The residential character of the
upland portion of the waterfront area combined with its topographic
features physically and visually isolates the central shoreline area.
Center Street, First Street, and Fourth Street offer - the best
opportunities for defining east-west and north-south linkages.

Several methods of establishing such linkages along these corridors are
possible; however, because the community wishes to maintain the
residential character of this area, any such efforts need to be
Compatible with continuing residential use. The establishment of bed
and breakfast facilities, particularly in the transitional area bounded
by First, Onondaga, Fourth, and Cayuga Streets, would help link the
commercial uses at the Waterfront with the Center Street commercial
district. These facilities are permitted under the current zoning and,
properly regulated, would be compatible with residential uses, while
providing additional accommodations for visitors to tile Lewiston area.
Additional opportunities for establishing better linkages are discussed
below under Public Access and Recreation.

11-19

TABLE 1

Existing Land Use
Village of Lewiston, New York

Percent
'Uses Acres Total Acres

Residential 200.8 Acres 31.4%
Single-Family 187.9
Two-Family 6.7
Multi-Family 6.2
Commercial 35.2 Acres 5.5%

Retail 29.6

Service 4.4

Professional Offices 1.2
Public/Institutional 116.4 Acres 18.2%
Public Buildings 3.2
Parks/ Recreation 97.2
Churches, Other 15.6
Open Space (Vacant 76.1 11.9%,
Woodland)
Streets and Roads 211.5 Acme 33.0%

TOTAL 640. 0 Acres 100.0%

TABLE 2

Existing LWRA Land Uses
Village of Lewiston, New York

Percent of Total Percent of
Uses Acres LWRP Acres Village Acres

Residential 47.5 Acres 22.5% 7.4%

commercial 7.2 3.4 1.1

Public/ Institutional 88.0 41.7 13.8
Open Spa 19.6 9.3 3.0
StreetlRoads 48.7 23.1 7.6

TOTAL 211.0 100.0% 33.0%

1-1-20

TABLE 3

Waterfront Use Inventory
Village of Lewiston, New York

Square General In-Water
Waterfront Section Land Use Footage Condition Structure

Shoreline:,

North Village Line Residential (10) 15,200 Good
to Onondaga
Street
Onondaga Street Municipal (3) 8,200 Fair-Poor Bulkhead,
to Center Street Residential(10) *6,350 Poor. Public
Launch

Center Street Marina (5) 1,200 Poor Private
to Cayuga Street Commercial (3) 8,100 Good Finger Doeks
Cayuga Street Residential (21) 32,500 Fair-Poor
to Artpark
ArtparkJ Park/Open Space - Excellent Fishing Pier
South Village Line

Total 71,550

/-1 Numbers in parentheses are total structures
j-2 Located upland between First and Second Streets

11-21

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C. Waterfront Revitalization Target Area

Opportunities for enhancing the use of the Village's waterfront focused
on the four block area west of First Street between Onondaga and
Cayuga streets; therefore, the Village's revitalization efforts should
also be concentrated on this "target area". The area is accessible from
both -the land and water, one of the few such sites along the Niagara
River below Niagara Falls. The Village has already made a substantial
public investment in the area in the construction of -the new Lewiston
Landing boat launch and docks. Use of these, facilities by residents and
visitors for boating and fishing can be expected to increase. Completion
of the upland portion of the Lewiston Landing Waterfront park would
increase the recreational uses of the area and improve the area's
attractiveness, thereby encouraging further improvement and expan-
sion of private recreation and related commercial -uses in the two block
area south of Center Street. This private development would, then,
directly increase the contribution of the area to the Village's economy
and -tax base. The increased use and amenities of the area would also
be expected to benefit businesses throughout the Village. Increased
use and development in this area, however, must be carefully planned
arid designed, so as to be compatible with surrounding residential uses
and ensure the preservation of important natural and scenic resources.
Figure 5 shows the Waterfront Revitalization Target Area, as well as
other significant land resources of the waterfront area.

d . Zonin

The Village is fully zoned and contains. a range of residential and
commercial categories (Figure 6). Commercial zoning is concentrated
along Center and Portage Streets and residential and open space
districts occupy the rest of the community. Similarly, the LWRA. is
predominantly residential and open space.

.The principal residential class is R-1a providing for medium-density,
single-family residences on 6,500 square foot lots. This runs up to the
shoreline north and south of the landing with only a small area between
Cayuga and Center ' Streets left for complementary waterfront
commercial development (zoned restricted business and currently
containing a restaurant, a tavern, and a motel). Open space zoning
includes the landing and adjacent area, Artpark and identified linkages
up the hill to Center Street and the Village Hall on Fourth. The entire
shoreline is also zoned open space.

Although most of the zoning is compatible with existing uses in the
LWRA, it does not promote water-dependent activities or encourage the
integration of primary economic uses on Center Street. The residential
zoning between Center and Onondaga Streets tends to isolate the
landing from the rest of the community and to subject residents to
recreation/ tourist oriented traffic destined for the waterfront. This
zoning around the Lewiston Landing also inhibits the development of
critical support facilities for waterfront activities. Prospective upland
development that would normally capitalize on the economic opportunity

11-27

afforded by the landing is restricted. In addition, the open space
designation is not formally accommodated within the ordinance, but
rather appears to be a public reservation of land. While this does
insure access, it does not encourage recreational development or
provide for support facilities to create new opportunities. The effect
of this zoning has not been destructive, in that natural waterfront
limitations (wooded slopes) have preserved future opportunities.
However, neither has it provided incentives for general or concentrated
development to take advantage of the waterfront resources.

e . Historical/ Archaeological Resources

The Village of Lewiston has been referred to as "the most historic
square mile in America".

The vestiges of Lewiston's history still remain in many parts of the
Village and provide a substantial resource of local and national
importance. Center Street is the location of the old Lewiston Trail which
traversed the ridge of pre-historic Lake Iroquois. This became a
primary location for early structures, since 1800's goods arriving at the
Center Street Locks had to be portaged up the hill to Fourth Street and
move along Center Street to other destinations. Figure 7 identifies the
major sites of local and national historic significance in or adjacent to
the LWRA. Many mord interesting, older (but not designated)
structures exist along Center Street, Plain Street and Ridge Street.

The following three sites are listed on the National Register of Historic
Places as compiled by the U. S. Department of Interior, Heritage
Conservation and Recredtion Services:

Frontier House at 460'Center Street (Registry No. PHOO40118;
718184) - built in 1824 by Benjamin Barton, it was known as the
finest hotel west of Albany and hosted many famous guests; it is
well preserved today as a restaurant and museum (restored in
1964).

Lewiston Portage Landing Site in Artpark (registry No.
PhOO40134; 7/1874) - original site of early trade access to the
'Niagara Frontier and the Niagara Portage (approximately 1626),.

Lewiston Mound at Artpark (Registry No. PHOO40126; 7 / 26 / 74)
early indian burial site, carbon dated to 160 A.D. and site of
pre-historic mammothl mastodon finds.

The other sites shown on Figure 7 have been identified by the Village
Historic Preservation Commission as locally important sites. Barton Hill
and the Fairbanks House, two homes at the top of the hill at Center
Street, were built by prominent community leaders. About 1815 Barton
Hill was the site of American gun placements during the War of 1812 and
bears a State of New York historical marker commemorating the Battle
of Queenston Heights, October 1812 (placed 1901). Both are well-
maintained, attractive properties.

11-28

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Angler's Retreat (now the Riverside Inn), DeChantal Hall (now the
Niagara Frontier Bible School), and the Village Inn are also notable
historic buildings located in the waterfront area. Used for non-
residential purposes, they are in good condition. The site of the
original steamboat docks is also identified on Figure 7 because of the
dock's historical association with the Village's development. None of
the original structures remain,. however.

Adjacent to the waterfront area, the Village Historic Preservation
Commission has identified a historic area that encompasses Center,
Plain arid Cayuga Streets from Fourth Street to Fifth Street. St.
Peter's Church and the Tiffany Shop, shown on Figure 7, are two
significant contributing buildings located in this area.

Wlae the structures in this area have been subjected to enough
modification to reduce their potential for designation as a national
district, they still offer a complement to nearby LWRA activities.

f. Public Access and Recreation

The lower Niagara River is a major recreation area for sport fishing and
boating, attracting thousands to the area annually. The 1983 Fisheries
Development Plan for Niagara County documented the dramatic growth
and impact of sport fishing in the area (Niagara County Department of
Economic Development and Planning, -1984). It indicated a rise in
fishing demand of nearly four-fold ($2.6 million revenues to over $10
million annually) by 1985 and the Tieed for improvement in County
boating and fishing facilities to accommodate current and anticipated
demand.

At present, there are few public facilities along the lower Niagara River
providing access for fishing and boating. Boat launches exist at Fort
Niagara (public ramp at the mouth of the river), Youngstown (a small
natural harbor near th 'e mouth of the. river), and Lewiston (double-wide
public ramp). The Village of Lewis-ton's facility is the only up-river
boat launch providing access to game fishing in the river gorge and
offering virtually year-round sheltered river access. On-shorefishing
opportunities exist at the above locations plus at the fishing pier in
Artpark and at the Joseph Davis State Park (about mid-way between
Lewiston and the river mouth).

The Village's boat launch is part of the planned Lewiston Landing Park,
which was created in 1976 when, with funds from the NYS Division of
Housing and Community Renewal, the Village purchased.2..25 acres of
riverfront property. Together with other Village-owned land, this
created an eight-acre site, suitable for development as a water-related
park and recreation facility. In 1980, initial design work was completed
with a grant from the National Endowment for the Arts. Since then,
construction has been completed on a new dock and double-wide (20'
foot) boat launch, a shoreline retaining wall with a walkway on top,
boat slips to accommodate 14-20 medium-sized boats, handicapped
parking, and landscaping which includes plantings specially selected

11-33

to control erosion caused by run-off. The boat launch, which was
opened in 1983, Is used almost year-round and is heavily used during
the prime boating and fishing seasons.

Work which remains to be done would extend the park to First Street
between Onondaga Street and Center Street, providing additional
facilities for year-round recreational pursuits, improving circulation
and access, and creating an attractive setting for the boat launch and
dock. Most of the existing structures occupying the site, which-are in
fair to poor condition, would have to be demolished. This requires
-relocating the DPW garage to a new facility and making alternative
arrangements for handling the sewer overflow currently diverted to the
old sewer treatment plant. Only the abandoned coal silo and the new
pump station would be retained as part of the park.

Completion of the park would provide needed support facilities for
users of the existing boating and fishing facilities, increase the
opportunities for recreational use of the waterfront area by adding
facilities for other recreational activities (e. g. , picnicking and ice
skating), and generally accomplish the redevelopment of an
underutilized and unattractive, yet critical, waterfront site. The
Village is committed to implementing the second phase of the park's
development and is actively -pursuing sources of funding.

The only other existing public recreation facility in the Village of
Lewiston, which has access to the Niagara River, is Artpark. Artpark
was developed by the State of New York on lands owned by PASNY. It
is also partially located in the Town of Lewiston, although its major
facilities and entrances are located within the Village. Artpark is
intended primarily to be a cultural, educational. and passive recreation
resource for residents of, and visitors to, the State. Facilities include
a performing arts center, amphitheater, and support facilities.
Facilities also include a fishing pier, as previously noted, and nature
trails. Artpark's location on a steep slope descending from the Niagara
Escarpment affords excellent views of the river area. Artpark is also
a sensitive archeological area and includes two nationally designated
historic sites, the Lewiston Indian Burial Mound and the Lewiston
Portage Landing Site. Over 250, 000 people are estimated to visit
Artpark each year.

The development of Artpark has helped to attract significant numbers
of visitors to the Lewiston area and has benefitted local businesses and
governments. It is expected that the performing and visual arts will
continue to be the emphasis of programming for Artpark. There are
additional opportunities, however, for cooperative efforts which could
support the Village's waterfront. revitalization efforts, as well as the
recreational use of Artpark. Activities are programmed at Artpark only
from Memorial Day to Labor Day. Although the g-rounds, are open year
round, facilities are closed and off-season use is limited. In addition,
there is currently little joint promotion of facilities and activities and
little physical connection between Artpark and the Village's central
waterfront area, although both the State and Village have expressed

H-34

interest in better coordination. There are several low-cost
opportunities for coordinating Artpark's facilities and activities with
the Village's waterfront development projects which would enhance the
use of and benefits derived from "both. One of the best of these
opportunities is to develop self-guided walking tours (for example,
from Artpark along First Street to the Lewiston Landing Waterfront
Park), connecting the historical, scenic, and recreational points of
interest in Artpark and the Village.

Route 18F through Lewiston, designated as part of the Seaway Trail,
is a major scenic route for tourists travelling along the lower Niagara
River and is a substantial source of tourism activity in the Village.
This route forms the eastern boundary of the LWRA, but does not
directly access the waterfront, nor is the waterfront visible from it
because of the steep slopes. Better signage and/or visible linkage is
needed to better capitalize on existing tourist activity and attract
potential users to new recreation and recreation -related facilities on the
waterfront. Center Street and Onondaga Street (for pedestrian access)
seem to offer the best opportunities for providing'this linkage.

Center Street provides the only direct vehicular access to the shoreline
and is marked at Fourth Street by a gateway-like entrance for Lewiston
Landing. The entrance marker, however, could benefit from improved
landscaping and lighting and the addition of a motif more clearly
indicating that Lewiston Landing is on the riverfront. The Lewiston
Businessman's and Professional Association recently has had an
attractive waterfront logo designed and has installed visitoi-oriented
signs using this logo. This has helped considerably to provideuseful
linkages between the Lewiston Landing area and the major
transportation routes through the Village and should improve access to
the waterfront area.

The Onondaga Street right-of -way between First and Second Streets,.
which is undeveloped because of the steep slope, is currently used as
a pedestrian pathway. This pathway, which provides access from the
Village Hall and adjacent playground at Onondaga and Second Streets
to the Lewiston Landing and the area proposed for park. development,
could be developed to provide a defined open-space connection and an
easier to use pedestrian accessway between the two park areas.

Other publicly-owned lands in the LWRA consist primarily of other
paper street right-of-ways and street-ends. Since the street-ends
extend to the river, they possess some potential for increasing shore-
line access, which is severely restricted by the steep banks hning the
shoreline, with the exception of the two-block area from Onondaga to
Cayuga streets. The street-ends are open to public use and the Village
Board has recently taken the position of retaining all street-ends in
public ownership and discontinuing the past practice of leasing select
locations to private groups; however, surrounding residentW uses and
extremely difficult physical characteristics mitigate against
developing most of the street-ends for public access or recreation
purposes. This is not the case for the Onondaga, Center, and Cayuga

11-35

street-ends, which have the potential to be integrated into the
redevelopment of the central riverfront area for recreation and
recreation -related uses.

Table 4 below summarizes 'the ownership and accessibility
characteristics of shoreline property (that is, property adjacent to the
Niagara River).

TABLE

Shoreline Ovmership and Accessibility
ViUage of Lewiston, New York

owners Location F Percent Accessi
bility
Public Lewiston Lending 1,210 Feet 21.5% open
(Local and and Street Ends
State Gov't)
Artpark South Waterfront 1,150 20.4 Limited
Season-
ably
Private Marina at Center Street; 2,750 48.9 Closed
Private Residences

Institutional North Waterfront 520 9.2
(private) Closed

g. Visual/ Aesthetic Resources

The Village has some dramatic visual resources that should be
preserved as crucial components of waterfront. development. These
primarily include the Niagara Gorge with its steep bluffs and turbulent
waters, and the Niagara Escarpment which is heavily wooded and
represents a unique natural land form in the area. There are also steep
wooded banks along the shoreline and scenic river vistas that are part
of the local attraction to the Village.

Probably the most outstanding vista in Niagara County (other than
Niagara Falls), is the panorama available from the Robert Moses Parkway
in the southeast corner of the Village, along with the Escarpment. This
location provides an unobstructed view of the Village, lower river,
Canada and Lake Ontario beyond. The City of Toronto across Lake
Ontario is visible on clear days and nights. While only available to
motorists and residents of Lewiston Heights atop the Escarpment, it
offers breath-taking scale and an overall perspective of the Village
atmosphere characteristic of Lewiston. This is a better promotion than.,.
any sign or advertisement and should not be compromised by future
development. The opportunities for safely viewing this scene from the
Robert Moses. Parkway could be improved by providing a scenic
overlook off both sides of the parkway above Artpark.

11-36

Another excellent land-side vantage point is the intersection of Center
and Fourth Streets. To the south is a vista of the Lewiston -Queens ton
Bridge set against the bluffs of the Niagara Gorge and to the west is a
view of Queenston Heights in Canada as it appeared to the American
forces during the War of 1812. A more extensive vista of the Niagara
Gorge is visible from the short-line in Artpark. Visitors to the area are
continually subjected to excellent views along the river (bluffs, power-
house, bridge,etc.), due to Artpark's open character and this oppor-
tunity could be further developed with viewing areas and access trails.

Many local views arc-, afforded within Lewiston, due to the vantage
points created by the slopes near the river. Two ridges, one along the
shoreline and one along Third Street (Onondaga to Cayuga), provide
views of the river and development below. Most of the land is
residential and limited in access., however, the Village park/ playground
at Third and Onondaga Streets (behind Village Hall) is well sited to
take advantage of this local vista and could be further developed to
capitalize on its visual potential.

The in-water aesthetics of the shoreline is, again, quite dramatic, in
that an observer on the river can see either the Niagara Gorge with its
bluffs or the wooded slopes of the Village rising from the river to the
Escarpment. Currently, however, the poor condition of some
properties near the Lewiston Landing detracts from'both the land-side
and in-water views of -the waterfront.

This area, which is the most accessible portion of the shoreline,
presents an abandoned silo, municipal garage and deteriorating marina
as the focal point of the Village waterfront view. These need extensive
structural and landscaping improvements to be attractive to area
visitors and encourage usage of the waterfront. In addition, new
development in this area should be carefully sited to improve the visual
qualities of the waterfront and preserve the vistas available from 'higher
elevations within the Village. Wooded areas should be preserved -to'
provide aesthetic appeal to the shoreline and soften the character of
nearby urban development.

7. Community Services/ Infrastructure

a. Transportation

The Village of Lewiston has excellent highway access to nearby cities via
the Robert Moses Parkway (limited-access expressway to Niagara Falls
and Buffalo via 1-190) and N.Y. Route 104 (Ridge Road to Lockport).
These two arterials, interchange at the Village line and exit onto Center
Street (Route 104 extended). Center Street is the major east-west
highway in the Village, is the center of community activity, and links the
Robert Moses Parkway on the east and the Lewiston Landing at the
waterfront on the west and contains the majority of all commercial
development in the Village. Center Street is also part of Route 18F, the

11-37

designated New York State Seaway Trail. Following Center, Fourth,
Oneida and Second Streets, Route 18F attracts numerous tourists
annually -to the scenic Niagara River drive between Lewiston and Lake
Ontario.

Internal circulation within the Village is accommodated by six collector
streets to residential uses and community generators. Mohawk and
Cayuga Streets provide additional east-west circulation, while Fourth,
Fifth, Eighth and Portage Streets provide north-south circulation and
access to major land uses. Portage and Fourth Streets are the entrances
to Artpark and are heavily utilized by theater partrons and tourists
throughout the season. Village streets occupy 211 acres of land and
comprise 33 percent of total land use. The Village is laid out in a grid
pattern and land is fully accessible by local streets. Principal traffic
generators include Artpark, commercial development along Center Street
and the boat launch at the landing on the waterfront (Figure 8).

The circulation system is in good condition with pavement adequate for
traffic conditions. However, Center Street is the only road with
sidewalks and others have substantial shoulder and drainage problems.
Some residential streets have been installed in the past to open up large
blocks and these are quite narrow (Ridge, Plain, Niagara, Page,
Fairchild, etc.). Since road drainage also handles adjacent land uses,
improvements are needed to create a Village drain relief system.

Public transit services exist from Niagara Falls to Lewiston via regularly
scheduled bus service.-- The route follows Lewiston Road and Center
Street andloops around Fourth Street to link the Village with Mount St.
Mary's Hospital, Niagara University and other regional bus routes-.
There is no rail service in Lewiston, although regular Amtrak service
exists out of Niagara Falls.

b . Parkina

Public parking in the LWRA is at a premium, especially near the landing
and boat launch. Only eight to ten spaces exist on the landing, while
approximately 75 to 100 spaces are designated on Water Street (including
a private, gravel parking lot), some for trailers. This promotes some
conflicts between parking and vehicular access on Water Street and taxes
on-street residential parking on adjacent streets during seasonal uses.
Other public spaces exist at the Village Hall on Fourth and Onondaga
Streets (20 to 30 space) and numerous spaces at Artpark (Figure 8).
However, neither of these are adequately linked to the prime waterfront
area (Lewiston Landing) and offer only marginal use at this time.
Facilities at Artpark are currently inadequate during performances, as
extensive overflow is encountered on Village. streets. Future
improvements in waterfront activities and access will depend on,
adequate parking increases proximate to new development.

11-38

C. Water Distribution/ SUPP

Until the Spring of 1983, the entire Village of Lewiston received its
potable water supply from two services - the City of Niagara Falls and
-the Niagara County Water Authority. Due to supply and distribution
difficulties experienced by the City, all potable water is now supplied by
the County Water Authority. The Village's residential and commercial
users consume an average of 360,000 gallons per day and public water
is available to all residences and commercial establishments.

The Village of Lewiston owns and maintains all distribution lines within
its corporate boundary. Supply and distribution has been adequate to
meet demand. Water supplied to the Village is metered daily for billing
purposes and to monitor system loss. The area within the coastal zone
is serviced by a complete distribution system (Figure 9). The system is
generally adequate to support future development at prevalent densi-
ties. The Village performs routine line maintenance and replacement as,
required

d . Wastewater Collection and Treatment

The Village of Lewiston, including the area within the coastal boundary
is completely serviced by a separate wastewater collection system. All
residential and commercial establishments are serviced. The total Village
system consists of approximately 77, 000 linear feet of sewer. The
sanitary sewer system 'within the coastal boundary consists primarily of
vitrified tile, gravity sewer, and ranges from thirty to fifty years old
(Figure 10). All wastewater flows generated in the coastal area are.
tributary to a pump station and pumped over the Escarpment to a
metering pit prior to connection to the Town of Lewiston's sewer system.
Until early 1981, the Village of Lewiston treated its sewage at a primary
treatment facility located at the Department of Public Works facilities.
Treated sewage was discharged directly into the Niagara River. In 1981,
the Village terminated treatment at its facility and began conveying all
wastewater flows generated in the Village t6the Town of Lewiston for
treatment. The Village is included in the Lewiston Master Sewer
Improvement Area (LMSIA), which includes the Towns of Lewiston and
Porter and Village of Youngstown.

The Village of Lewiston's participation in the LMSIA required termination
of treatment at their existing facility with the addition of a new pump
station and interceptor sewer to convey wastes to the Town's system.
The Village no longer operates its wastewater treatment plant. In the
early stages of the operation of the LMSIA, the Village used their
treatment plant as an overflow structure when the Town's treatment
facility experienced excessive flows.

11-39

With improved wastewater treatment plant operations and sewer improve- ANIL
ments throughout the district, overflows have been essentially
eliminated. The Village no longer utilizes their former treatment facility
and it is. scheduled for demolition in the future. Any subsequent
development must provide adequate access and land for, a pump station.
overflow storage, if needed, is planned for inclusion with the new public
works garage in the Village.

Conveyance of Village wastewater flows to the Town facility has resulted
in two positive impacts in the coastal area.. First, effluent quality from
the Town's facility is substantially improved over the Village's old
facility, resulting in improved overall water quality. Second, with the
eventual demolition of the former treatment plant, additional land area
will be available for Village use.

The sanitary sewer system is a vital part of the coastal areas' infra-
structure. The existing system has the capacity to support present and
future development. The Village supports a continual and rigorous
system maintenance and rehabilitation to ensure system efficiency. All
wastewater collection system additions and improvements are designed
and constructed in accordance with "10 States Standards", Niagara
County Health Department, and NYSDEC Standards.

e. Storm sewer sVstem

Stormwater drainage-within the Village of Lewiston, including the area
within the coastal zone boundary, is accomplished through a system of
closed conduits, open ditches, and generalized overland run-off.. The.
stormwater collection system is a separate system with no known cross
connections to the sanitary sewer system. Because of the relatively
steep slopes in the coastal area, localized flooding and ponding is not
prevalent. There are at least two known locations where stormwater
conduits discharge directly to the Niagara River. The.. Village, Public
Works Department maintains all roadside ditches and will install drainage
piping at the request of residents and businesses for a-nominal fee. The
closed piping is installed in rights -of -way, where landowners prefer
piping over open ditching.
One problem in the coastal area caused by uncontrolled overland run-off
is bank erosion at various locations. Through structural modifications
and improved management practices, this problem can be alleviated.
However, further detailed study of existing drainage is needed to
determine more specifically the best methods for improving the drainage
system. All major drainage improvements are designed according to
the Stormwater Design Manual published by the Erie-Niagara Regional
Planning Board and are generally based on a ten-year storm.

f. Community Services

Health services are concentrated in Mount St. Mary's, a Catholic hospital
located in the Town of Lewiston. Other nearby hospital facilities are in
Niagara Falls, about six miles south of the Village.

11-40

The Village has its own Police Department, while the Village and the
Town share costs for the Volunteer, Fire Company, Lewiston Fire
Company No. 1. The Village pays on a contractual basis for the. costs of
operating the Fire Company and also pays for insurance for the Fire
Company.

g. Solid Waste Management

Solid Waste collection is the responsibility of the Village of Lewiston. The
Department of Public Works collects both m-unicipal and resident debris
and garbage. No burning is allowed in the Village. All waste is disposed
of at the Model Cities facilities in the Town of Lewiston under private
contract. The contract contains no disposal restrictions and the facility
possesses sufficient capacity for current and anticipated Village needs.

h. Hazardous Waste Site

The New -York State Department of Environmental Conservation has
indicated that the Stauffer Chemical-Art Park Site is within the Village
of Lewiston coastal area. The inactive hazardous waste disposal site
(Site Code #932049) is a landfill of approximately one acre located off of
4th Street in Artpark and was used for waste disposal from 1953 to 1969.
An unknown quantity of asbestos, graphite, cinders, reactor bindings,
scrap sulphur and metal, and silicon, zirconium and titanium oxides were
disposed of at this site (NYS DEC Inactive Hazardous Waste Disposal
Report, P. 9-397). Most the wastes had been covered by 1979, and soil
samples collected in 1982 by the USGS indicated the presence of organic-
compounds of 20 parts per billion (ppb) for soil and one ppb. for water.
A State Superfund Phase investigation has been completed by the
Niagara County Health Department and the US EPA, and this indicated
heavy metal and organic contaminants in soil and surface water.

i. Fiscal Resources

For 1983-84, the Village's total,budget was $1,375,133, of which
property tax payments were $267,329. Total assessed or full value
(properties in Niagara County went on a full value basis for 1983 -84) was
$70,349,707.. The tax rate was $3.80 per $1,000 of full value for 1983-84,
or $190 for an average $50,000 home.

The Village had adequate taxing power for the 1983-84 fiscal year.
Taxing power was $1,019,012, while the tax levy was $267,329; the
constitutional tax margin was $751,683.

In terms of debt limit, the Village can borrow up to seven percent of
five - year average - full value, or about $3, 100, 000. As of June 1, 19 8 3,
outstanding debt was $311,550 or 10. 0 percent of the debt limit. Based
on an opinion by the State Comptroller on January 26, 1983, $800, 000 of
Bond Anticipation Notes for Sanitary Sewers were excluded from the
debt limit.

11-41

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SECTION III

STATE AND LOCAL COASTAL POLICIES -

STATE AND LOCAL LWRP POLICIES

POLICY I RESTORE, REVITALIZE AND REDEVELOP DETERIORATED AND
UNDERUTILIZED WATERFRONT AREAS FOR COMMERCL4J,
AND INDUSTRIAL, CULTURAL, RECREATIONAL AND OTHER
COMPATIBLE USES.

POLICY 1A: REDEVELOP THE WATERFRONT REVITALIZATION TARGET
AREA FOR FISHING, BOATING, AND RELATED RECREATION
AND COMMERCIAL USES.

Explanation of Policy

The Lewiston Landing area was once the heart of Village commerce, yet now contains
deteriorated structures, limited access for boating, inadequate dockage and shore
protection and insufficient support facilities (convenience, parking etc.) to meet
current demand. The restoration of economic activity and redevelopment of this area
for tourist I recreational purpose is crucial to the revitalization of the waterfront '
(See Chapter B. 6 "Land Uses and Physical Conditions"'of the Inventory and Analysis
Section for further description).

Plans for. revitalizaton include completion of the Lewiston.Landing Waterfront Park,
rehabilitation and expansion of existing private marine facilities, and improvement
and expansion of recreation -oriented, and tourist-oriented commercial uses, as
further described in Section IV. Plans for revitalization provide for the concen-
tration of development around the Lewiston Landing in order to enhance existing
uses and protect adjacent residential areas. The completion of the park.around the
Lewiston Landing will ensure adequate support services and enable the development
of ad a-
.j cent commercial services without compromising water-dependent uses.

The following guidelines will be used to determine the consistency of a proposed
action with this policy.

1 . When an action is propose d to take place in the Waterfront Revitalization
Target Area:

a. Priority should be given to uses which are dependent on a location
adjacent to the water and, in particular, those uses which expand
boating facilities and increase water-related recreation opportunities
(see also policies 2 and 21);

b. The action should enhance existing and anticipated recreational and
related commercial uses within the target area, while minimizing any
adverse impacts on surrounding residential areas;

c. The action. should serve as a catalyst to private investment in the area,
particularly for the improvement and expansion of private water-related
recreational and commercial uses located in the two-block area south of
Center Street;

111-3

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. New development should not
compromise the traditional value and function of the Lewiston Landing
for -recreational boating, fishing, and transport;

f. The action should have the potential to improve the existing economic
base of the community, and, at the 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;

9. The action should improve adjacent and upland views of the water, and,
at a minimum, must not affect these views in an insensitive manner (see
also Policy 25); and

h . The action should have the potential to improve multiple uses of the site
(see also Policy 22).

2. If an action is proposed to take place outside -of the Waterfront Revitalization
Target Area and is either within the Village of Lewiston or adjacent coastal
communities, the agency proposing the action must first determine -if it is
feasible to undertake the action within the Waterfront Revitalization Target
Area. If such an action is feasible, the agency should give strong'considera-
tion 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 further
deterioration of the Waterfront Revitalization Target Area.

POLICY 2 FACILITATE THE SITING OF WATER-DEPENDENT USES AND
FACILITIES ON OR ADJACENT TO COASTAL WATERS.

POLICY 2A PROVIDE FOR WATER-DEPENDENT RECREATION AT
SHOREFRONT PROPERTIES IN THE WATERFRONT
REVITALIZATION TARGET AREA.

POLICY 2B SITE WATER-ENHANCED USES UPLAND IN THE LEWISTON
LANDING -WATERFRONT PARK AND AREA- ALONG WATER
STREET.

Explanation of Polic

The Waterfront Revitalization Target Area is only two blocks long and potentially
subject to intense pressure from private development of non -water- dependent uses.
In order to ensure coastal preference for water-dependent uses, new facilities on the
waterfront will be sited that depend on access for use of the river. These include:

111-4

Fisbing
Coastal Recreation
SealLand Transfer Facilities (docks, launching, etc.)
Flood/Erosion Control Structures (Bulkheads, etc.)
Marine Repair/ Service/ Storage Facilities
Support Services (parking, food, bait, etc.)

These uses will be given preferential treatment for waterfront location, access and
operation. Land adjacent to shorefront parcels (e. g. Water Street) will be promoted
for commercial facilities (restaurant, motel, etc.) consistent with existing uses and
in sufficient quantity to satisfy waterfront demand only. See Section IV for a
further description of uses to be accommodated within the Waterfront Revitalization
Target Area.

If there is no immediate demand for a water-dependent iuse in a given area, 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, or non-permanent structures are uses
or facilities which would likely be considered "temporary" non-water- dependent
uses.

New water-dependent and water-enhanced uses to be developed are to be sited. and
designed, so that they enhance, or at least do not detract from, the surrounding
area and so that they, avoid adverse impacts on valuable, -natural and man-made
waterfront resources'. Consideration should be given to such factors as the
protection of nearby residential areas from noise, odors, and traffic and the
preservation of natural protective erosion features. Affirmative approachesshould
be employed, so that water-dependent and water-enhanced uses and adjacent use
will complement each other.

POLICY 3 THE STATE COASTAL POLICY REGARDING THE DEVELOPMENT
OF MAJOR PORTS IS NOT APPLICABLE TO LEWISTON.

POLICY 4 THE STATE COASTAL POLICY REGARDING THE
STRENGTHENING OF SMALL HARBORS IS NOT APPLICABLE TO
LEWISTON.

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

Explanation of Policy

The ViUage of Lewiston is an area of concentrated development where
infrastructure and public services are generally adequate to support future land
uses and development, as specified in Section IV, Proposed Uses and Proposed
Projects.

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Development of the LWRA is concentrated in areas of existing adequate
infrastructure. The extension of facilities directly to the waterside will promote
dock improvement and offer support facilities for recreation development.
Modifications to road circulation and relocation of the public works garage and
abandoned-sewer plant are also needed to enhance the target area, but will not
compromise the provision of services.

Infrastructure is adequate to accommodate future development, with the exception
of storm water drainage which indescriminately flows overlandfrom. upland areas into
the Niagara River. A study of water run-off and its impact on the waterfront is
needed to identify potential erosion and water quality problems and prospective
solutions.

POLICY 6 EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE
THE SITING OF DEVELOPMENT ACTIVITIES AT SUITABLE
LOCATIONS.

Explanation of Polic

For specific types of development activities and in areas suitable for such
development, State agencies and the Village will make every effort to coordinate and
synchronize existing permit procedures and regulatory programs, as long as the
integrity of the regulations' objectives is 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 other
agencies' procedures at each level of government. Finaily, regulatory programs and
procedures will be coordinated and synchronized between levels of government,
and if. necessary, legislative and/or programmatic changes will be recommended.

When proposing new regulations, an agency will determine the feasibility of
incorporating the regulations within existing procedures, if this reduces the burden
on the particular type of development and will not jeopardize the integrity of the
regulations' objectives.

POLICY 7 THE STATE COASTAL POLICY REGARDING THE PROTECTION
OF SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS IS,
NOT APPLICABLE TO LEWISTON.

POLICY 7A THE LOCALLY IMPORTANT FISH HABITAT WITHIN THE
NIAGARA RIVER WATERS NOR TH OF THE LEWISTON LANDING
PARK SHALL BE PROTECTED, PRESERVED AND WHERE
PRACTICAL WROVED SO AS TO MAINTAIN AND STRENGTHEN
ITS VITALITY.

Explanation of PolicV

A locally important fish habitat in the Lewiston coastal area exists just north of the
Lewiston Landing along the shoreline (See Inventory and Analysis Section, Figure
2). Its significance is in the seasonal breeding and feeding of smelt and perch which
attracts game fish to the area. The feeding grounds are essential to pan and
sport/ game fishing in the Lower Niagara River and represent a substantial resource
of key importance to recreational development of the Village waterfront. In order

111-6

to protect and preserve the habitat, actions shall not be undertaken if such actions
would destroy or significantly impair the viability of this area as a habitat. The
value of the feeding grounds would be compromised if the habitat is destroyed or
seriously impaired by road salt and highway chemical contamination, sedimentation
from surface run off, siltation, high concentration of gas or oil contamination from
boating or spills and sanitary sewage outflow or hazardous waste run-off. Activities
that could impair the fish habitats include new in-water structures in breeding beds,
.over-fishing, substantial increases in high-speed boating or small craft activity in
habitat areas. As feasible, efforts should be undertaken to improve or strenghten
the habitat values of this area.

POLICY 8 PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL
AREA FROM THE INTRODUCTION OF HAZARDOUS WASTES AND
OTHER POLLUTANTS WHICH BIO-ACCUMULATE IN THE FOOD
CHAIN OR WHICH CAUSE SIGNIFICANT SUBLETHAL OR
LETHAL EFFECT ON THOSE RESOURCES.

Explanation of Polic

Hazardous wastes are unwanted by-products of manufacturing processes and are
e7enerally characterized as being flammable, corrosive, reactive, or toxic. More
specifically, as defined in Environmental Conservation Law (ECL Section 27 -0901 (3) )
"hazardous waste is 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 (6NYCRR Part 317)
has been adopted by 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 environment, particularly into the State's air, land and waters.
Such controls should effectively minimize'possible contamination of, and bio-
accumulation in, the State'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 point and non-point
sources, not identified as hazardous wates. Such pollutants are also controlled
through State laws. The Stauffer Chemical-Artpark inactive hazardous waste
disposal site (Section II, Inventory and Analysis) will be monitored and remediated
when and if funds for Class 3 sites become available.

111-7

POLICY 9 EXPAND RECREATIONAL USE OF FISH AND WILDLIFE
RESOURCES IN COASTAL AREAS BY INCREASING ACCESS TO
EXISTING RESOURCES, SUPPLEMENTING EXISTING 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.

POLICY 9A IMPROVE'THE EXPANSION OF FISH RESOURCES THROUGH
SUPPORT OF STATE STOCKING PROGRAMS AND IMPROVEMENT
OF HABITAT AREAS.

POLICY 9B EXPAND RECREATIONAL USE OF AREA FISHING BY
SPONSORING A FISHING DERBY IN THE LEWISTON AREA AND
DEVELOPING FACILITIES FOR FISHING OPPORTUNITIES.

POLICY 9C EXPAND RECREATIONAL USE OF ARTPARK FOR PASSIVE
RECREATIONAL OPPORTUNITIES (E. G., BIRD NAT CHING) BY
PROMOTING AND IMPROVING ACCESS, TRAMS- AND OTHER
FACILITIES.

Explanation of Polic

Significant cencentrations of fish and wildlife (bird) resources are f ound in the lower
Niagara River.- Fish resources include native and stocked species, which offer
excellent year-round fishing opportunities. Wildlife resources include many species
of resident and migratory birds and water fowl. which are popular for hunting and
bird watching. The Lewiston Waterfront at Lewiston Landing provides. one of the
few points of public access to the waters'of the lower Niagara River for recreational
use. , Artpark provides some additional opportunities for on-shore fishing and
passive recreational uses, such as birdwatching, wildlife photography, and nature
study.

The recreational use of these resources and the associated economic benefits are to
be increased primarily through promotion of the resources and existing facilities and
some improvement of access and recreational facilities. Promotional efforts include
public/ private sponsorship of an annual fishing derby, further development of self -
guided walking tours and nature trails, and promotion of year-round use of Artpark.
Provisions for increasing access and recreational facilities are described under
Policies 19, 20 and 21. Continuation of the NYSDEC fish stocking program is
essential to maintaining and increasing the recreational uses of the lower Niagara
River. In addition, fishing opportunities might be increased by improving off-shore
habitat conditions; however, further study is needed to determine the costs and
benefits of such projects.

Any efforts to increase recreational use of these resources will be made in a manner
which ensures the protection of fish and wildlife resources in marine and freshwater
coastal areas and which takes into consideration other activities dependent on these
resources. Also, such efforts must be done in accordance with existing State* law
and in keeping with sound resource management considerations. 'Such considera-
tions include biology of the species, carrying capacity of the resources, public
demand, costs and available technology. 0

111-8

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

1. Consideration should be made as to whether an action will impede existing or
future utilization of the local recreational fish and wildlife resources.

2. Efforts to increase access to recreational fish and wildlife resources should not
lead to over-utilization of the resource or cause impairment of the habitat.

3. The impacts of increasing access to the local recreational fish and wildlife
resources should be determined on a case-by-case basis, consulting Policy 7A
andlor conferring with a trained fish and wildlife biologist.

4. Any public or private sector initiatives to supplement existing stpcks (e. g. ,
stocking with fish reared in a hatchery) or develop new resources (e.g.
expanding the habitat) must be done in accordance with existing NYSDEC
regulations and programs.

POLICY 10 THE STATE COASTAL POLICY REGARDING THE DEVELOPMENT
OF COMMERCIAL FISHING RESOURCES IS NOT APPLICABLE TO
LEWISTON.

POLICY 11 THE STATE COASTAL POLICY REGARDING THE SITING OF
STRUCTURES TO MINIMIZE DAMAGE TO PROPERTY AND THE
ENDANGERING OF HUMAN LIVES CAUSED BY FLOODING
EROSION IS NOT APPLICABLE TO LEWISTON.

POLICY 11A STRUCTURES SITED ALONG AND WITIIIN THE WATER SHOULD
BE DESIGNED TO WITHSTAND PERIODIC INUNDATION AND
CURRENT ACTION. THESE STRUCTURES INCLUDE
BULKHEADS, GROINS, DOCKS, ETC., AND SHOULD BE SITED
AND CONSTRUCTED TO LESSEN FUTURE EROSION
POTENTIAL.

Explanation of Polic

Shoreline and in-water structures must be sited and constructed in a manner which
can withstand periodic inundation, river current action and potential ice damage.
Proper protection and installation of structures to limit erosion, i.e. - installation
of riverside "groin" to protect launch ramps, must be planned. These structures
must not act as a cause for further erosion. The use of floating docks and anchoring
systems to limit damage to in-water mooring is preferred.

POLICY 12 ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WELL
BE UNDERTAKEN SO AS TO MINIMIZE DAMAGE TO NATURAL
RESOURCES AND PROPERTY FROM FLOODING AND EROSION
BY PROTECTING NATURAL PROTECTIVE FEATURES.
INCLUDING BEACHESs DUNES, BARRIER ISLANDS AND
BLUFFS. PRIMARY DUNES WELL BE PROTECTED FROM ALL
ENCROACHMENTS THAT COULD IMPAIR THEIR NATURAL
PROTECTIVE CAPACITY.

111-9

POLICY 12A TO THE EXTENT POSSIBLE, SHORELINE PROTECTION
STRUCTURES SUCH AS BULKHEADS, GROIN, WALLS, RIP-RAP
PLACEMENT AND FINGER PIERS SHOULD BE CONSTRUCTED IN
A MANNER WHICH PRESERVES THE NATURAL BARRIER
PROTECTION AFFORDED BY THE SHORELINE BLUFFS.

Explanation of Polic

The coastal bluffs and other natural protective features help safeguard lands and
property from damage, as well as reduce the danger to human life, resulting from
flooding and erosion. Excavation of coastal features, improperly designed
structures, inadequate site planning, or other similar actions which fail to recognize
their fragile nature and high protective values, lead to the weakening or destruction
of those landforms. Activities or development in, or in proximity to, natural
protective features must ensure that all such diverse effects are minimized. The
bluffs will be protected from development that could lead to increased erosion.
Future bulkheading, shore protection and dock placement as part of the Lewiston
Landing Waterfront Park will require careful planning and construction. The
structures should enhance the natural shoreline and serve to reduce erosion, while
affording safer public access.

POLICY 13 THE CONSTRUCTION OR RECONSTRUCTION OF EROSION
PROTECTION STRUCTURES SHALL BE UNDERTAKEN ONLY IF
THEY HAVE A REASONABLE PROBABILITY OF CONTROLLING
EROSION FOR AT LEAST THIRTY YEARS AS DEMONSTRATED
IN DESIGN AND CONSTRUCTION STANDARDS AND/OR
ASSURED MAINTENANCE OR REPLACEMENT'PROGRAMS.

POLICY 13A PROVIDE FOR THE PROPER DESIGN AND CONSTRUCTION OF
EROSION CONTROL STRUCTURES IN THE LEWISTON LANDING
WATERFRONT PARK AND MAJOR PRIVATE DEVELOPMENTS.
PROPER EROSION CONTROL STRUCTURES ARE NECESSARY
BOTH WATERSIDE AND LANDSIDE (BASE OF BLUFF) TO
LESSEN EXISTING EROSION.

Explanation of PolicV

Erosion protection structures are widely used throughout the State's coastal area.
However, because of improper design, construction and maintenance standards,
many fail to give the protection which they are presumed to provide. As a result,
development is sited in areas where it is subject to damage or loss dug to erosion.
This policy will help ensure the reduction of such damage or loss.

The proper protection of the shoreline and bluffs (both shoulder and toe) is critical
to the development of both the Lewiston Landing Waterfront Park and major private
developments. The facilities are necessary in the Waterfront Park to protect the
shoreline, protect the boat launch and enhance public access and at the bluff to.,
prevent further, slope deterioration. These structures perform two valuable
purposes - first, they lessen and alleviate erosion, secondly, they define public
access areas and promote safer utilization (i.e. - riverside groin - protects launch
ramp and enhances launch/ retrieval cycles).

III-10

Guidelines to be considered in the construction of erosion control structures include:

1 Materials selection will be based on life cycle costing criteria which considers
not only initial costs but discounted maintenance costs for a minimum of 30
years (Present Worth Analysis).

2. Structures should be designed to be aesthetically pleasing, should be
compatible with surrounding facilities and should not pose a barrier to public
access.

3. Public and private structures should be subject to formal engineering review.

4. Facilities must be demonstrated to be required when considering viable
alternatives such as non-structural controls.

POLICY 14 ACTIVITIES AND DEVELOPMENT, INCLUDING THE
CONSTRUCTION OR RECONSTRUCTION OF EROSION
PROTECTION STRUCTURES, SHALL BE UNDERTAKEN SO THAT
THERE WILL BE NO MEASURABLE'INCREASE IN EROSION OR
FLOODING AT THE SITE -OF SUCH ACTIVITIES OR
DEVELOPMENT, OR AT OTHER LOCATIONS.

Explanation of Polic

Erosion and flooding are processes which occur naturally. However, by his actions,
man -can increase the. severity and adverse effects of those processes, causing
damage to, or loss of property, and endangering human 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
shoreland thus increasing their rate of r6cession; and the failure to observe proper
drainage or land restoration practices, thereby causing run-off and the erosion and
weakening of shorelands.

In the Village of Lewiston, with the exception of a river-side grain waU and finger
pier extension(s), erosion control structures will be either sheet piled bulkheads.
(shore-side), select rip-rap placement or landside structures to protect upland
bluffs. Docks and finger-piers of the floating type are the preferred alternative.
Base flood levels will not be influenced by erosion control. structures in the Village
LWRA. Structures will be planned which wila not adversely affect drainage patterns
or weaken shorelines. Proper slopes will be planned above and adjacent to
structures to alleviate run-off which can further exacerbate the action of erosion.

POLICY 15 THE STATE COASTAL POLICY REGARDING MINING, EXCAVA-
TION OR DREDGING IN COASTAL WATERS IS NOT APPLICABLE
TO LEWISTON.

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

Explanation of Pohc

Public funds are used for a variety of purposes on the State's shorelines. This
policy recognizes the public need for the protection of human life and existing
investment in development or new development which requires a location in proximity
to the coastal area or in adjacent waters to be able to function. However, it also
recognizes the adverse impacts of such activities and development on the rate of
erosion and on natural protective features and requires that careful analysis be made
of such benefits and long-term costs prior to expending public funds.

POLICY 17 WHENEVER POSSIBLE, USE NONSTRUCTURAL MEASURES TO-
MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY
FROM, FLOODING AND EROSION. SUCH MEASURES SHALL
INCLUDE: (I) THE SET-BACK OF BUILDINGS AND STRUC-
TURES; (II) THE PLANTING' OF V`EGETATION AND THE
INSTALLATION OF SAND FENCING AND DRAINAGE; (III) THE
RESLOPING OF BLUFFS; AND (rv) THE FLOOD-PROOFING OF
BUILDINGS OR THEIR ELEVATION ABOVE THE BASE FLOOD
LEVEL.

Explanation of Policy

This policy shall apply to the planning, siting and design of proposed activities and
development, 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.

In determining whether or not non-structural measures to protect against erosion or
flooding wiR afford the degree. of protection appropriate, an analysis, and if
necessary, other materials- such as plans or 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.

POLICY 17A UTILIZE SLOPE REDUCTION, BANK STABILIZATION,
DEVELOPMENT RESTRICTIONS AND LANDSCAPE TECMQUES
TO REDUCE SURFACE EROSION ON STEEP SLOPES ALONG THE
WATERFRONT.

111-12

Explanation of Policy

The topography of the waterfront area of the Village is characterized by steep slopes
and banks along the waterfront composed of clay and shale which are subject to
surface erosion through weathering and ice damage. The local policy reflects
nonstructural measures to reduce surface erosion. The use of development
restrictions on 15% or greater slopes, minimum 50 foot setbacks, minimal slope
manipulation and vegetation cover to stabilize banks along the waterfront win be
utilized in the coastal area.

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

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

Explanation of Polic

Proposed major actions may be undertaken in the coastal area if 'they will not
significantly impair valuable coastal waters and resources, thus frustrating the'
achievement of the purposes of the 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 flows, shoreline
damag6-,- hydro-7electric power generation, and recreation.

POLICY 19 PROTECT, MAINTAIN AND INCREASE THE LEVEL AND TYPES
OF ACCESS TO PUBLIC WATER-RELATED RECREATION
RESOURCES AND FACILITIES SO THAT THESE RESOURCES
AND FACILITIES MAY BE FULLY UTILIZED BY ALL THE PUBLIC
IN ACCORDANCE WITH REASONABLY ANTICIPATED PUBLIC
RECREATION NEEDS AND THE PROTECTION OF HISTORIC AND
NATURAL RESOURCES. IN PROVIDING SUCH ACCESS,
PRIORITY SHALL BE GIVEN TO PUBLIC BEACHES, BOATING
FACMITIES, FISHING AREAS AND WATERFRONT PARKS.

POLICY 19A PROVIDE IMPROVED PUBLIC ACCESS TO THE LEWISTON
LANDING, ADJACENT DOCKS AND PIERS, AND THE
WATERFRONT PARK THROUGH IMPROVEMENT - OF
CIRCULATION ROUTES AND EXPANSION OF PARKING
FACILITIES.

POLICY 19B PROVIDE PEDESTRL4LN- TRAMS TO ARTPARK AND.
WATERFRONT PARK FROM THE REST OF THE COMMUNITY.

POLICY 19C INCREASE PUBLIC ACCESS TO WATERFRONT AREAS WITHIN
ARTPARK.

111-13

Explanation of Polic

The Village waterfront is currently limited in public access - only one block in the
target area, numerous vacant "street ends" above the water and Artpark (limited
seasonally by fees). Topography and private ownership further restricts public
access. In addition, recreation areas along the waterfront are neither viable nor
advertised from the community (Seaway Trail, Center Street commercial area, etc.)
or connected by pedestrian walks and trails. This policy is intended to increase and
improve access to public lands along the waterfront.

As described in the Inventory and Analysis, the lower Niagara River is a major,
growing recreational area for sport fishing and boating. The Village of Lewiston is
one of the few areas on the lower Niagara River where it is physically possible to
provide access for boating and fishing, as well as access to the magnificent scenic
vistas of the Niagara River gorge. Even with these opportunities, it is essential that
access to the public water-related recreation resources and facilities within the
Village's waterfront area be maintained and improved.

Existing public water-related recreation facilities within the Village of Lewiston
include the Village boat launching, docking, and 'fishing facilities at Lewiston
Landing Waterfront Park and limited State facilities at Artpark (fishing pier and
nature trails). The Lewiston Landing Waterfront Park, the surrounding area (the
Waterfront Revitalization Target Area), and Artpark also provide significant visual
access opportunities. The existing level and types of access provided by these
facilities is to be maintained and improved by:

Improving and/or expanding parking facilities at the Lewiston Landing
Waterfront park, the adjacent commercial area, the Village playground -
"Onondaga Trail" site, and for summer events at Artpark;

Improving the Onondaga Street right-of-way for pedestrian use
between First and Second streets;

Increasing public awareness of public facilities providing access by
improving, signage and other visible linkages along Center Street
between the Seaway Trail (Route 18F) and the Lewiston Landing
Waterfront Park. developing walking tours of the waterfront area,
coordinating promotional and public information activities with Artpark,
and sponsoring a seasonal fishing derby.

Lewiston Landing Waterfront Park and Artpark shall receive priority for
improvements in access, parking, and connection with other areas of the Village. All
access improvements along Center Street, the Onondaga Street right -of -way, and
connecting the Lewiston Landing Waterfront Park to Artpark along First Street must
be compatible with existing residential uses (see Section- IV. Proposed Uses: East
of Target Area).

In addition, as feasible and subject to the relevant guidelines given below, public.
transportation services should be maintained and promoted, so as to provide access
for the non-automobile-owning public and reduce traffic congestion that may impair
public access.

111-14

The following additional guidelines will be used in determining the consistency of a
proposed action with this policy:

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 providing increased public access or unless such actions are found to be
necessary or beneficial by -the public body having jurisdiction over such
access as the result of a reason@ble justification of the need to meet systematic
objectives.

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

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

b. Public water-related recreation resources or facilities - all public lands
or facilities that are suitable for passive or active recreation that
requires either water or a waterfront location or is enhanced by a
waterfront location.

C. Public lands or facilities - lands or facilities held by, State or local
government in fee simple or less-than-fee simple ownership and to
which the,public has access or could have access, including underwater
lands.

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.

(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 systemwide 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.

(4). There are substantial increases in the following: already
existing special fares (not including regular fares in any
instance) of public transportation to a public water-related
recreation resource or facility, except where the public body,
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

111-15

increases will significantly reduce usage by individuals or
families with incomes below -the State government established
poverty level.

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 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 that could provide
public access to a public water-related recreation resource or
facili Ly.

(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 resour Ices and facilities 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 shali 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 determined to be the case, the proposed level of access to be
provided shall be deemed inconsistent with the policy.

3. The Village or State government 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 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 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.

See also policies 1, 2, 9, 20, 21, and 22.

Ill-16

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

POLICY 20A ACCESS SHALL BE IMPROVED TO VILLAGE-OWNED LANDS
ADJACENT TO THE NIAGARA - RIVER AT THE LEWISTON
LANDING WATERFRONT PARK AND UNDEVELOPED STREET
ENDS OF ONONDAGA, CENTER, AND CAYUGA STREETS AND
TO STATE-OWNED LANDS WITHIN ARTPARK.

Explanation of Policy

Given the limited availability in the lower Niagara River of public facilities providing
specific water-related recreational activities and the limited opportunities for
developing such facilities to meet an increasing demand, access to publicly-oWned
lands adjacent to the river's edge should be provided', whenever practicable, for
activities and pursuits which require only minimal facilities for their enjoyment.
Where access to such lands cannot be provided or is not needed at this time, such
lands shall nonetheless be retained in public ownership to ensure future
opportunities for providing public access and/or developing needed public
recreational facilities.

Within the Village of Lewiston waterfront area, such public lands include: lands
owned by the Village within the planned. Lewiston Landing Waterfront Park site;
lands owned by the State within Artpark that are not currently used for specific
water-related recreational activities; Village-owned undeveloped street right-of.-
ways al Mohawk, Oneida, Onondaga, Center, Cayuga, Seneca, and Tuscarora
Streets; and State-owned underwater lands.

While State-owned underwater lands shall be retained in public ownershiR,
traditional sales of easements on lands underwater to adjacent, onshore property
owners are 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. In particular, the provision of easements for mooring or docking facilities
for adjacent property owners in the area north of Onondaga -Street to the Village
boundary must not conflict with the use of, or access to, public boating facilities at
Lewiston Landing, the protection of off -shore fish resources (see Policy 7A), or the
preservation of natural erosion protection features and scenic values of shoreline
bluffs.'

Access to the Lewiston Landing Waterfront Park lands and Onondaga, Center, and
Cayuga street-ends is to be provided with the development of the park and
revitalization of the Waterfront Revitalization Target Area (see Policy 22 and Section
IV, Proposes Uses: Waterfront Revitalization Target Area). Access to Artpark
lands is to be improved for passive recreational and year-round uses (see Section
IV, Proposes Uses: Artpark area). Improving access at the Mohawk, Oneida,
Seneca, and Tuscarora street-ends is constrained by topography and neighboring
residential uses; nevertheless, these street-ends shall remain in public ownership,
shall be available for public use, and shall not be leased or otherwise conveyed to

111-17

any persons or organizations for any purposes which would limit public use of these
street-ends for access to the Niagara River.

The following additional guidelines will be used in determining the consistency of a
proposed action with this policy:

1 . Existing access from adjacent or proximate public lands or facilities to existing
public waterfront lands andlor waters shall not be reduced, nor shall the
possibility of increasing access in- the future from adjacent or nearby public
lands or facilities to public waterfront 'lands andlor 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 tlie
provision, except at great expense, of convenient public access
to the public waterfront lands and/or waters.

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

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

2. The existing level of public access within public waterfront 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:

111-18

(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 and along the shoreline shall
be provided by new land use or development, except where (a) it is
inconsistent with public safety, military security, or the protection of
identified fragilecoastal 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 Village or State government will not undertake or fund any project which
increases access to public waterfront lands and/or waters 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 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.

6. Proposals for increased public access to public waterfront lands or 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.

See also policies 1, 2, 9, 19, 21, and 22.

111-19

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 ENHANCEMENT OF OTHER COASTAL
RESOURCES AND TAKES INTO ACCOUNT DEMAND FOR SUCH
FACILITIES. IN FACILITATING SUCH ACTIVITIES, PRIORITY
SHALL BE GIVEN TO AREAS WHERE ACCESS TO THE RECREA-
TION OPPORTUNITIES 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 COMPLETE THE DEVELOPMENT OF LEWISTON LANDING
WATERFRONT PARK.

POLICY 21B IMPROVE SHORELINE ACCESS AND BOATING FACILITIES
BETWEEN CENTER AND CAYUGA STREETS.

POLICY 21C WITHIN THE WATERFRONT REVITALIZATION TARGET AREA,
IMPROVE AND EXPAND WATER-ENHANCED COMMERCIAL
FACILITIES WHICH SUPPORT WATER-DEPENDENT
RECREATIONAL USES.

POLICY 21D IMPROVE THE "ONONDAGA TRAIL" AND VILLAGE
PARKGROUND.'

POLICY 21E EXPAND THEYEAR-ROUND RECREATIONAL USE OFARTPARK.

POLICY 21F DEVELOP SCENIC OVERLOOKS ALONG THE ROBERT MOSES
PARKWAY.

Explanation of Polic

As described in the Inventory and Analysis Section, recreational opportunities along
the lower Niagara River are currently extremely limited, while topography and
existing development limit the potential for developing much-needed recreational
facilities. The Village of Lewiston is uniquely situated to provide increased
opportunities for water-related recreation in the lower Niagara River, as well as Lake
Ontario, through the expansion, improvement,and development of public and private
recreational and supporting facilities, as provided by Policies 21A, 21B, 21C, 21D,
21E, and 21F.

The improvement of recreational opportunities will be focused in the Waterfront
Revitalization Target Area and will involve: completion of the Lewiston Landing
Waterfront Park as a first priority; public and private improvement of access,
infrastructure, and boating facilities in the adjacent area on the river; and private
investment in supporting commercial facilities. and services in the upland area. The
expansion, improvement and development of these facilities will be undertaken as
described in Section IV, Proposed Uses: Waterfront Revitalization Target Area,
Project 3: Lewiston Landing Waterfront Park, Project 4.: Shoreline Access and
Boating Facilities, and Project 5: Supporting Commercial Facilities.

111-20

Outside of the Waterfront Revitalization Target Area, additional recreational
opportunities will be provided through: improvement of the "Onondaga Trail" and
Village Playground, as described in Section IV, Proposed Uses: East of Target Area
and Project 6; development of scenic overlooks on the Robert Moses Parkway, as
described in Section IV Project 7; and expansion of year-round recreational use of
Artpark, as described in Section IV, Proposes Uses: Artpark Area.

The following additional guidelines will be used in determining the consistency of a
proposed action with this policy:

I . Consistent with demand and the protection of other important waterfront
resources, water-dependent and water-enhanced recreational 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 recreation uses. Determining a
priority among water-dependent uses will require a case-by-case analysis.
(See Policy 2 for definitions and additional provisions concerning water-
dependent uses.)

2. Among the types of w ater-dependent recreation, provision of adequate
boating servi 'ces to meet future demand is particularly encouraged. Public
and private boating facilities will include, as needed, parking, park-like
surroundings, toilet facilities, and pumpout facilities.

3. Any development of water@related recreational facilities or increase in
recreational use must be consistent with the preservation and enhancement of
other important coastal resources and their capacity to accommodate
anticipated use. Impacts on important coastal resources within. the, State
coastal area and other local waterfront areas, as well as within the Lewiston
'waterfront area, must be considered. Such resources include fish and wildlife
habitats, natural erosion protection features, historic and cultural resources,
scenic resources, and water resources.

See also policies 1, 2, 9, 19, 20, and 22.

POLICY 22 DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHOREP
- WELL PROVIDE FOR WATER-RELATED RECREATION, AS A
MULTIPLE USE, WHENEVER SUCH RECREATIONAL USE IS
APPROPRIATE IN LIGHT OF REASONABLY ANTICIPATED
DEMAND FOR SUCH ACTIVITIES AND THE PRIMARY PURPOSE
OF THE DEVELOPMENT.

Explanation of Polic

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 provide, to the fullest extent permitted by
existing law, 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.

111-21

The types of development which can generally provide water-related recreation as
a multiple use include, but are not limited to:

Parks
Highways
Utility transmission rights of way
Sewage Treatment Facilities
Schools, Universities*
Nature Preserves*
Large Residential Subdivisions
Retail and Office Complexes

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% of total project cost.

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

POLICY 23 PROTECT, ENHANCE AND RESTORE STRUCTURES,
DISTRICT S, AREAS AND SITES THAT ARE OF SIGNIFICANCE
IN , THE HISTORY, ARCHITECTURE, ARCHEOLOGY OR
CULTURE OF THE STATE, ITS COMMUNITIES OR THE NATION.

Reflecting its historic importance as a landing and portage site, pre-dating European
settlement or the founding of the nation, the Lewiston waterfront area contains two
sites listed on the National Register of Historic Places: Lewiston Mound and Lewiston
Portage Landing Site. Both sites, as.further described in the Inventory and
Analysis, are on the grounds of Artpark. In addition, the entire waterfront area is
within a zone of potential archeological significance, as identified by the NYS Office
of Parks, Recreation and Historic Preservation.

There are also five buildings and one site within the waterfront area that have been
identified as locally important. These include: Angler's Retreat (now the Riverside.
Inn), Barton Hill, Fairbanks House, Dechantal Hall (now the Niagara Frontier Bible
Institute), the Village Inn, and the site of the historical steamboat docks. These
buildings and sites, along with the many attractive older buildings in the waterfront
area and the adjacent area (including the nationally designated Frontier House),
make a significant contribution to the appealing character of the Village. These
resources directly complement the recreational and tourism potential of the
waterfront and their Preservation should be an integral part of revitalization efforts.

.All practicable means shall be used to proteel and enhance the above cited resources
which are listed on the National Register of Historic Places or have been identified
as locally important historic resources.

----------------------------------------
* The types of recreation uses likely to be compatible with these facilities are limited to the more passive forms,
such as trails or fishing access. In some cases, land areas'not direcxly or immediately needed by the facility
could be used for recreation.

111-22

All practicable means shall be deemed to include the consideration and adoption of
any techniques, measures, or controls to prevent a significant adverse change to
significant structures, districts, areas or sites. 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 a building, structure, or site that is a
recognized historic, cultural, or archeological resource, or components
thereof. 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; entryways and doors; fenestration; lighting fixtures; roofing,
sculpture and carving; steps; rails; fencing; windows; vents and other
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 resources 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 a building, structure, or earthworks
that is a recognized historic, cultural, or archeological resource or component
thereof, 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 boundary
of the historic, architectural, cultural, or archeological resources and all
actions within a historic district that would be incompatible with the objective
-or preserving the quality and integrity of the resource. Primary
considerations to be used iri making judgement about compatibility should
focus on the visual and locational relationship between the proposed action and
the special character of the historic, cultural, or archeological resource.
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
actions. Within historic districts, this would include infrastructure
improvements or changes, such as street and sidewalk paving, street
furniture and lighting.

This policy shall not be construed to prevent the constructiom, reconstruction,
alteration, or demolition of any building, structure, earthwork, or component
thereof of a recognized historic, cultural or archeological resources which1has been
officially certified as being imminently dangerous to life or public health. Nor shall
the policy be construed to prevent the ordinary maintenance, repair, or proper
restoration according to the U. S. Department of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings of any building,
structure, site or earthwork, or component thereof of a recognized historic, cultural
or archaeological resources which does not involve a significant adverse change to
the resource, as defined above.

Prior -to undertaking major construction activities within the waterfront area, anyone
proposing such activity shall consult with the State Historic Preservation Office
to determine whether significant 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.

POLICY 24 THE STATE COASTAL POLICY REGARDING THE PROTECTION
OF SCENIC RESOURCES OF STATEWIDE SIGNIFICANCE IS NOT
APPLICABLE TO LEWISTON.

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 PREVENT THE IMPAIRMENT OF THE SCENIC QUALITY OF THE
LOWER NIAGARA RIVER AND THE NIAGARA ESCARPMENT.

Explanation of PolicV

The Village of Lewiston waterfront area, located along the Niagara River, is part of
one of the most important scenic resources in the region, if not the State, as well as
providing rare opportunities to view the scenic vistas of the lower Niagara River.
In addition, the Niagara Escarpment, a unique landform, provides the backdrop for
the Village's waterfront area. The scenic quality of the lower Niagara River, as
viewed from Lewiston, is the result primarily of its dramatic geology, natural
vegetation, turbulent waters, and massive man-made structures. Lewiston's
contributions to this resource are the tall, steep, wooded slopes which descend from
the boundaries of the Village to the shore at the Lewiston Landing and the abrupt
rise of th'e Niagara Escarpment cutting across the southeastern corner of the Village.

Any action that would impair the quality of these scenic resources is inconsistent
with this policy. Impairment shall include: (1) the irreversible modification of
geologic forms, including that resulting from the disturbance and/or acceleration of
natural geological processes; (2) the destruction or removal of vegetation, whenever
such vegetation contributes to the scenic quality of the resources; (3) the
substantial and permanent reduction of the quality and/or quantity of water flowing
in the Niagara River; (4) the addition or alteration of manmade structures which
because of. siting or scale will reduce views, as identified in@ Section II, or which
because of scale, form, or materials will diminish the scenic quality of these
resources.

No development, other than limited boating and fishing facilities, shall be permitted
on the bluffs along the Niagara river or in the nearshore area (see Section IV,
Proposed Land and Water Uses). The Niagara Escarpment shall not be breached,
excavated, bl 'asted, or otherwise altered or damaged and no development shall be
permitted on the face of the Escarpment.

111-24

POLICY 25B PROTECT, RESTORE OR ENHANCE NATURAL AND MAN-MADE
RESOURCES WHICH CONTRIBUTE TO THE OVERALL VISUAL
QUALITY OF THE LEWISTON WATERFRONT AREA.

Explanation of Polic

In addition to. those elements of the Lewiston waterfront area cited above that
contribute to the important scenic resources of this area, the visual quality of the
Village's waterfront area is also enhanced by the sloping topography of the
waterfront area, abundant vegetation and open spaces, and the historic village
ambience created by existing buildings and street patterns. At the focal point of the
waterfront area, however, deteriorated, underutilized or inappropriate structures
near the Lewiston Landing detract considerably from visual quality (see Section 11
for further descriptioin). These conditions will be remedied, in large part, through
proposed improvements for the Waterfront Revitalization Target Redevelopment,
however, will be undertaken so as to preserve views from existing development to
the extent possible.
When considering a proposed action within the waterfront area, Village, State and
federal agencies shall ensure that the action will be undertaken so as to protect,
restore or enhance the overall visual quality of the waterfront area. 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:

1 Structures and other development such as highways, power lines, and signs,
should be sited back from shorelines or in other inconspicuous locations to
maintain the attractive quality of the shoreline and to retain views to and from
-the shore.

2. Structures should be clustered or oriented to retain views, save open space
and provide visual organization to a development.

3. Sound, existing structures (especially historic buildings) should be
incorporated into the overall development -scheme.

4. Deteriorated and/or degrading elements should be removed.

5. The original land form should be maintained or restored, except when changes
screen unattractive elements and/or add appropriate interest.

6. Vegetation should be maintained or added to provide interest, encourage the
presence of wildlife, blend structures into the site, and obscure unattractive
elements, except when selective clearing removes unsightly,. diseased, or
hazardous vegetation and creates views of coastal waters.

7. Appropriate materials, in addition to vegetation, should be used to screen
unattractive elements.

8. Appropriate scales, forms and materials should be used to ensure that
buildings and other structures are compatible with and add interest to the
landscape.

111-25

POLICY 26 THE STATE COASTAL POLICY REGARDING THE PROTECTION
OF IMPORTANT AGRICULTURAL LAND IS NOT APPLICABLE TO
LEWISTON.

POLICY 27 DECISIONS ON THE SITING AND CONSTRUCTION OF MAJOR
ENERGY FACILITIES IN THE COASTAL AREA WELL BE BASED
ON PUBLIC ENERGY NEEDS, COMPATIBILITY OF SUCH
FACILITIES WITH THE ENVIRONMENT, AND THE FACILITY'S
NEED FOR A SHOREFRONT LOCATION.

Explanation of Poli

Although the Village contains no existing energy facilities in the LWRA, it is directly
dow-nstream from the New York State Power Vista which affects the waterfront and,
by agreement, may participate in revitalization efforts as part of current expansion
plans. These plans should include consideration of coastal resources and activities
identified in this LWRP.

Demand for energy in -New York, will- increase j 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
new facilities. The directives for determining this. need are set forth in the New
York Energy Law. With respect to transmission lines, Article VII of the State's
Public Service Law requires additional forecasts and establishes the basis -for"
determining the compatibility of these facilities with the environment and the
necessity for a shorefront location. With respect to electric generating facilities,
environmental impacts associated with siting and construction will be considered by
one or more State agencies or, if in existence, an energy siting board. The policies
derived from these proceedings are entirely consistent with the general coastal zone
policies derived from other laws, particularly the regulations promulgated pursuant
to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. The 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 Village of Lewiston, the Department of State will comment on
State Energy Office policies and planning reports as may exist; present testimony
for the record during relevant proceedings under State law; and use the State SEQR
and DOS regulations to ensure that decisions on other proposed energy facilifties
(other than those certified under the Public Service Law) which would impact the
waterfront area are made consistent with the policies and purposes of this Local
Waterfront Revitalization Program.

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

111-26

POLICY 28A THE VILLAGE OF LEWISTON ENDORSES THE USE OF THE
NIAGARA RIVER ICE BOOM FOR ITS CONTROL OF ICE ON THE
LOWER NIAGARA RIVER AND REDUCTION OF EROSION AND
DAMAGE TO IN-WATER STRUCTURES ALONG THE LEWISTON
COAST.

Explanation of Polic

Prior to undertaking actions required for ice management, an assessment must be
made of the potential effects of such actions upon hydroelectric power production,
fish and wildlife and their habitats (See Policy 7A), flood levels and damage, rates
of shoreline erosion damage, and natural protective features. 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.

In particular, substantial changes in the use and installation of the ice boom in the
Upper Niagara River should assess the potential effects on down-river coastal
-resources, erosion and flooding. Public investments and private improvements in
watqrfront revitalization could be seriously jeopardized if the ice management facility
were significantly altered or discontinued. Of prime concern in this and other
prospective activities are clay-shale shoreline slopes, waterfront struc 'tures,
geologic resources, archeologic sites, fish habitats, and future recreational
improvements. This policy is a critical priority in the protection of existing and
future development along the Lewiston waterfront.

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.

Explanation of Polic

The development of energy resources and alternative techniques for energy
generation is of prime importance to the Village and the region. However., the
development of these resources must be carefully balanced with potential impacts on
the environment and other natural resources that are of critical importance to the
Lewiston Waterfront Area and its revitalization. Development of river and Lake Erie
energy resources must consider the potential adverse effects on fishing, fish
habitats, water quality, boating, commercial fishing, swimming, recreation and
general waterfront and water-dependent use of the coastal area. There must be a
careful balance between the benefits of energy resource development and all
anticipated losses or destruction of opportunities along the affected waterfront and
their economic impact.

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

I'll-27

Explanation of Policy

The Village of Lewiston no longer operates its wastewater treatment process. The
Village is a member in a regional facility - the Lewiston Master Sewer Improvement
Area (LMSIA). There are no industrial discharges in the Village, only commercial
and residential. The outfall for the LMSIA is north of the LWRA in the Town of
Lewiston.

The advanced treatment facility of the LMSIA has resulted in an effluent discharge
of substantially better quality than previously discharged into the River by the
Village in past years. Although the Village no longer treats its own wastewater, it
maintains a rigorous sewer-use enforcement program and sewer
maintenancel rehabilitation program. The entire Village of Lewiston is serviced by
public sewers. The continued operation and maintenance of this system is essential
to sustain and enhance economic growth in the LWRA.

POLICY 31 STATE COASTAL AREA POLICIES AND PURPOSES OF
APPROVED LOCAL WATERFRONT REVITALIZATION
PROGRAMS WILL BE CONSIDERED WHILE REVIEWING COASTAL
WATER CLASSIFICATIONS AND WHILE MODIFYING WATER
QUALITY STANDARDS; HOWEVER, THOSE WATERS ALREADY
OVERBURDENED WITH CONTAMINANTS WILL BE RECOGNIZED
AS BEING A DEVELOPMENT CONSTRAINT'.

Explanation of Polic

The Village of Lewiston has critical economic, environmental and social interests in
the water quality classifications of the Niagara River. The current classification of
the river as Class A - Special (International Boundary) supports and enhances
existing and planned reside 'ntial, tourism and recreational use of the waterfront
area. In addition, the Village receives its drinking water from the Upper Niagara
River (outside of the local waterfront area) and it is essential that the current
classification and standards be maintained. There are no waters overburdened with
contaminants within the lcoal waterfront area.

POLICY 32 THE STATE COASTAL - POLICY REGARDING THE USE OF
ALTERNATIVE SANITARY WASTE SYSTEMS IS NOT
APPLICABLE TO LMSTON.

POLICY 33 BEST MANAGERENT PRACTICES WELL BE USED TO ENSURE
THE CONTROL OF STORMWATER RUNOFF AND COMBINED
SEWER OVERFLOWS DRAINING INTO COASTAL WATERS.

111-28

POLICY 33A PROMOTE COMPREHENSIVE STORMWATER DRAINAGE PLAN
AND PROGRAM IMPLEMENTATION IN THE LWRA. ENSURE THE
PROPER SITING OF STORM SEWER OUTFALLS, TO AVOID
CONFLICTS WITH BOTH WATER-DEPENDENT USES AND
PROTECTION OF THE FISH HABITAT NORTH OF LEWISTON
LANDING.

Explanation of Polic

The Village has separate sanitary and storm sewer systems. The sanitary sewer
system does overflow under extreme storm events. The overflow prevents damage
to treatment systems and alleviates basementnooding problems. The existing sewer
maintenance program will lessen sanitary sewer overflows and structural
improvements to the regional treatment system, which are currently being planned,
will eventually eliminate overflows.

Effective storm water drainage and run-off will require.both structural and.non-
structural measures. Non-structural measures include proper grading, -sloping'
and landscaping and plantings selection. Structural modifications include effective
storm water collection systems designed for efficient storm water removal to alleviate'
ponding and localized flooding.

Guidelines for effective storm water management:

1.' Provide specific criteria in site plan review processes which focus on storm
water removal techniques and downstream capacities.

2. Provide for a comprehensive drainage plan which incorporates design
as set forth by the Erie-Niagara Counties Regional Planning 13oard.

3. Examine grading changes, landscape amenities, and natural percolation as
alternatives to piped storm water run-off.

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

POLICY 34A REGULATE THE DISPOSAL OF SEPTAGE AND SOLID WASTES
FROM RECREATIONAL AND COMMERCIAL VESSELS WITHIN THE
VILLAGE'S WATERFRONT AREA.

Explanation of Policy

The discharge of sewage, garbage, rubbish, and other solid and liquid materials
from watercraft and marina activities into the State's waters is regulated by State
Law. Also, specific effluent standards for marine toilets have been promulgated by..
the Department of Environmental Conservation (6 NYCRR, 657). To further
discourage the discharge of vessel waste materials, marinas to be constructed or
expanded in the Village's Waterfront Area, will provide pump-out facilities, unless

111-29

adequate facilities are already available. Trash disposal collectors will also be
provided at public and private recreational facilities located in the Waterfront Area.

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

Explanation of Polic

Dredge spoil disposal in the Village LWRA will likely be off -site, as no adequate on-
site area exists for proper disposal. Dredging should be limited in the Local
Waterfront Area to that required for bulkhead and groin wall installations. Rip-rap
stone fill should be returned to the river for shore protection, bulkhead toe
protection and groin fill. Dredging, in general, should not adversely affect the
water quality of the Niagara River, the natural protective capacity. of shoreline
bluffs, or important fish habitats and scenic resource's (See Policies 7 and 25). -
Dredged shore and river sediments (i.e. -muck, organics) shall be removed and
disposed of off-site in a site approved by NYSDEC and/or the U.S. Corps of
Engineers, if applicable.

POLICY 36 ACTIVITIES RELATED TO THE SHIPMENT AND -STORAGE OF
PETROLEUM AND OTHER HAZARDOUS- MATERIALS WELL BE
CONDUCTED IN A MANNER THAT WILL PREVENT OR AT LEAST
MINIMIZE SPIILS INTO COASTAL WATERS; ALL PRACTICABLE
EFFORTS WELL BE UNDERTAKEN TO EXPEDITE THE. CLEANUP
OF SUCH DISCHARGES; AND RESTITUTION FOR DAMAGES
WILL BE REQUIRED WHEN THESE SPILL OCCUR.

Explanation of Poli

See Policy 39 for definition of hazardous materials.

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

Explanation of Policy

Policy 33 elaborates on non-structural practices to be utilized in Lewiston's
Waterfront area to alleviate overland run-off which results in non-point source
discharges. Through proper landscaping and planting methods and selection, road
salt application rates and storage practices, and land use controls, non-point source
pollution can be controlled. Proper street cleaning is one management practice which
can lessen non-point source pollution.

111-30

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.

Explanation of Polic

Surface and groundwater are the principle sources of drinking water in the State,
and therefore must be protected. The Village of Lewiston receives it public water
supply from the Niagara Coiinty Water Authority, whose source is the Upper Niagara
River. The Village of Lewiston has a crucial interest in any upstream activity
affecting the quality of their water supply and/or the recreational value of their
surface water. In addition, any action which adversely affects the fish and wildlife
resources of the Niagara River is of utmost importance when considering the
economic vitality of the Local Waterfront area.

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

Explanation of Policy

The terms "solid wastes" and "solid wastes management facilities" are defined as in
New York's Solid Waste Management Act (Environmental Conservation Law Section
27-0901). Solid wastes include sludges from air or water pollution control facilities,
demolition and construction debris and industrial and commercial wastes.

Hazardous wastes are unwanted by-products of manufacturing processes generally
characterized as being flammable, corrosive, reactive, or toxic. See Policy 8 for
further definition.

The primary wastes attributable to the Village are municipal (domestic) wastes,
trash, and white goods.

The Village disposes of all municipal refuse off -site at a NYSDEC permitted sanitary
landfill. All wastewater sludge has been removed from the- Village's former
wastewater treatment facility. Wastewater sludges from the LMSIA facility are taken
to a permitted landfill.

There is one known, inactive hazardous waste disposal site within the Village's
Waterfront Area, the Stauffer-Artpark site. Any transport of hazardous wastes
through the Waterfront Area, as regulated by State law, should be conducted in
such a manner so as to protect the Village's groundwater and surface water supplies,
existing and planned recreation areas identified in this LWRP, and important fish,
wildlife and scenic resources identified in this LWRP. (See Policies 7A, 22, and 25.)

111-31

POLICY 40 THE STATE COASTAL POLICY REGARDING EFFLUENT
DISCHARGED FROM MAJOR STEAM ELECTRIC GENERATING
FACILITIES IS NOT APPLICABLE TO LEWISTON.

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

Explanation of Polic

The Lewiston LWRP 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. The requirements of the Clean Air Act are the
minimum air quality control requirements applicable within the Waterfront Area.

To the extent possible, the State Implementation Plan wM be consistent with land and
water use policies of the LWRP. Conversely, program decisions with regard to
specific land and water use proposals and any recommendations with r4gard to
specific sites for major new or expanded energy, transportation, or commercial
facilities will reflect an assessment of their compliance with . 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
PRIKVENTIONOPSIGNIFICANTDETERIORATION REGULATIONS
OF THE FEDERAL CLEAN AIR ACT.

Explanation of Polic

The policies of the LWRP concerning proposed land and water uses and the
protection and preservation of special management areas will be taken into account
prior to any action to change prevention of significant deterioration land
classifications in the coastal region or adjacent areas.

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

Explanation of Policy

The Lewiston LW`RP incorporates the State's policies on acid rain i As such, it will
assist in the State's efforts to control acid rain. These efforts to control acid rain
wiU enhance the continued viability of coastal fisheries, wildlife, agricultural, scenic
and water resources.

POLICY 44 THE STATE COASTAL POLICY REGARDING THE PROTECTION
OF WETLANDS IS NOT APPLICABLE TO LEWISTON.

111-32

SECTION IV

PROPOSED LAND AND WATER USES
AND PROPOSED PUBLIC AND PRIVATE PROJECTS

A. PROPOSED LAND AND WATER USES

The Lewiston Local Waterfront Revitalization Area (LWRA) has been evaluated and
planned to preserve sensitive natural features and complement existing
development, while enhancing recreational and tourist use of waterfront resources.
Existing land uses in the LWRA are residential with commercial and recreation
facilities located at the waterfront on either side of Center Street. These include
Lewiston Landing, a private marina, a restaurant, a tavern, a raotel and parking
facilities. Proposed uses reinforce this land use pattern. Water-dependent
recreation uses are to be improved and expanded in the most accessible area of the
shoreline (Cayuga to Onondaga Streets) with more intensive, supporting recreation
and commercial uses proposed for the adjacent upland area. Low -density residential
and public (Artpark) uses are to be maintained in the remainder of the waterfront
area, reflecting the topographical development constraints of the area and helping
to preserve the open space and scenic values of the area.

The LWRA is divided into five sub-areas for convenience in describing proposed
uses. The five sub-areas or sections (see Figure 11 for map of sections) are as
follows:

Waterfront Revi 'talization Target Area-The Target-Area includes Lewiston
Landing Waterfront Park (First Street between Center and Onondaga Streets
to the shoreline) and the adjacent blocks west of First Street between Center
Street and the line of Cayuga Street.

Section 1 (North of the Target Area) -The entire portion of the LWRA from
'Onondaga Street north to the Village Line,

Section 2 (East of the Target Area) -The area between Cayuga and Onondaga
Streets east of the Target Area to Fourth Street (the LWRA boundary).

Section 3 (South of the Target Area)-The area south of Cayuga Street to
Tuscarora Street from Fourth Street (the LWRA boundary) to the waterfront,
including residential development on the south side of Tuscarora Street and
around Guard Street.

Section 4 (Artpark)-The portion of the LWRA south of Seneca and Tuscarora
Streets dominated by Artpark. It also includes the public lands, devoted
primarily to transportation uses, which are east of Artpark.

1 Waterfront Revitalization Target Area

Opportunities for enhancing the use of the Village's waterfront are focused in the
four block area west of First Street between Onondaga and Cayuga Streets;
therefore, the Village's revitalization efforts should also be concentrated on this
"target area".

This area represents the prime waterfront development area. Proposed uses, focus
on improving access to the water and expanding water-dependent
tourism/ recreation uses. In the block west of Water Street between Onondaga and
Center Streets where the Lewiston Landing is located, the existing water-
dependent recreation uses, providing public boat launching, boat docking and

IV-3

fishing facilities, are to be maintained along the shoreline. The adjacent blocks east
to First Street are designated for further development as the Lewiston Landing
Waterfront Park.

Water-dependent recreation uses are also proposed for the shoreline area south of
Lewiston Landing (Center to Cayuga Streets). The rehabilitation and expansion of
existing private marinaldocking facilities is encouraged; however, any major
development or improvement of uses is also to provide public shoreline access as
compatible with private uses. Marina uses are meant to include riverside operation
and premises for mooring, docking, renting, storing, or servicing of boats and for
sales of boating supplies as an accessory use.

Proposed uses for the adjacent upland areas (east to First Street between Center and
Cayuga Streets) are recreation-and tourist -oriented commerical services which will
complement public and private investment in water-related facilities. These include
restaurants and inns, overnight accommodations (hotel, motel, tourist home, or bed
and breakfast residence), and retail/service facilities complementary to water-
related recreation and tourist uses.

Proposed in-water uses for the waterfront target area include fishing piers, boat
launches and docks, and navigational transition I access to on-shore facilities.
Swimming and speed-boating are conflicting uses in these transitional waters and
are excluded.

The undeveloped street-ends at Onondaga, Center', and Cayuga Streets are to be
retained in public ownership and used for access or waterfront expansion.

2. North of Target Area

The section of the LWRA from Onondaga Street to the Village Line is bordered by
steep bluff s along the shoreline and traversed by another steep slope from Second
Street to the northwest corner of the LWRA (see Inventory and Analysis, Figure 2).
Existing residential uses are well established and opportunity for new development
is limited. Uses proposed for this area, except for the block north of Mohawk
Street, are medium density (6-7 units/acre) single-family residences; compatible
public, quasi-pubhc and institutional uses (churches, schools, private clubs, health
facilities, etc.); and commercial uses limited to home occupations, personal services
and bed and breakfast residences.

The block north of Mohawk Street is now occupied by the Niagara Frontier Bible
Institute. The property includes DeChantal Hall, which is listed on the National
Register of Historic Sites (see Inventory and Analysis, Figure 7). While no change
in use is expected for the foreseeable future, conversion to low-density (2
units / acre) single-family residences would be acceptable. The public,. quasi-public,
institutional, and limited commercial uses listed above, excluding bed and breakfast
residences, would also be acceptable in this area. To the extent practicable and
permitted by law, any change of use should preserve DeChantal Hall and maintain
its historic character and an appropriate setting.

IV-4

The shoreline of this section of the LWRA is to be preserved as open space to control
encroachment of structures and conserve the wooded bluffs. In-water structures
are to be limited to mooring and docking for boats owned by the adjacent upland
property owner.

The undeveloped -street ends at Oneida and Mohawk Streets are to be retained in
public ownership and preserved as open space.

3. Fast of Target Area

This section is an important transitional area, linking the Target Area, the Center
Street business district, and other community facilities and containing the'
crossroads of access to the waterfront. Center Street is the major tourist entrance
to the Village and, similarly, represents the most viable tie to the Target Area. The
Center and Fourth Street intersection is a highly visible connection with the Seaway
Trail (Route 18F, the State Touring Route) and can be the major entrance to the
waterfront. To the north, the Onondaga Street right-of -way provides a pedestrian
link between the Village Hall and playground and the Target Area. Finally, First
Street provides the major north-south access, connecting the Target Area to
Artpark. While access to the waterfront along these corridors can be improved (see.
Proposed Projects), care must be taken to provide such access in a manner
compatible with the existing residential uses which are the predominant uses in this
section.

The proposed uses for this section are primarily medium density single-family
residences and compatible uses, as described above for the Target Area. Neighbor-
hood business uses and mixed business/ residential uses are allowed along the south
side of Center'Street between Third and Fourth Streets. The establishment of bed
and breakfast residences is particularly encouraged throughout this section to
provide needed accommodations for visitors and a connection in uses between the
Target Area and the Center Street business district.

4. South of Target Area

Reflecting the existing land use pattern, proposed uses for this section are primarily
medium density single-family residences and compatible uses, as described above for
Section 1. Two-family residences may be accommodated in the area along Tuscarora
and Guard Streets. Seneca and Tuscarora streetrends are to be retained in Village
ownership for open space. Since shoreline access is difficult at best, pedestrian
travel is to be accommodated via First Street. Vehicular access is proposed along
Fourth Street to Artpark. The shoreline is to be preserved as open space to protect
the steep banks lining the area. In-water structures are to be limited to mooring and
docking for boats owned by the adjacent upland property.

The Artpark section of the LWRA is proposed for continued cultural-uses oriented
toward existing visual and performing arts. Expansion of recreational uses,
however, are also envisioned to complement the LWRA, including the- development of
passive recreation opportunities along the waterfront (natural and scenic trails),
promotion of fishing uses along the shore, preservation of historic sites,

IV-5

improvement of scenic access along the Robert Moses Parkway, and expansion of
parking facilities to support uses.

The transportation corridors to the east of Artpark are expected to continue to be
used for transportation purposes. Should transportation uses be abandoned, 1 afids
will be preserved as open space or dedicated to public uses. Development in this area
may not breach, alter or damage the Niagara Escarpment.

B. WATERFRONT PRESERVATION AND REVITALIZATION STRATEGY

There are a variety of activities necessary to achieve the policies and purposes of'
the Village's LWRP. Some of these are projects described in more detail in Section
IV, Proposed Public and Private Projects; others are types of implementation
activities, described in more detail in Section V, Local Implementation Techniques.
The following summarizes all of these activities -as an overall strategy for
preservation and revitalization of the Village's waterfront resources.

LWRA - WIDE ACTIVITIES

1. Undertake comprehensive study of LWRA drainage (source, outfall, overland
flow and impact on the waterfront and the river) and detailed development
program for improving drainage.

2. Improve the visibility, public awareness, and use of the Village waterfront.

a) Improve entry signage at Center and Fourth Streets and landscaping
along Center Street between Fourth and Water Streets (See Project 1).

b) Identify historic sites/ structures (plaque, marker) in the LWRA and
create a walking tour/trail in the Village. (See Project 2).

c) Sponsor a seasonal fishing derby.

d) Promote and advertise waterfront facilities in local and State recreation
and tourism literature and improve coordination and promotion of events -
with Artpark.

WATERFRONT REVITALIZATION TARGET AREA

3. Complete Lewiston Landing Waterfront Park (See Project 3).

4. Improve shoreline access and boating facilities between Center and Cayuga
Streets. (See Project 4).

5. Expand and improve commercial facilities (retail, lodging, etc. ) to complement
water-dependent uses in the south section of the Target Area.-- (See Project
5).

6. Undertake river study - detailed analysis of river bottom, current, flow and
generally foreshore conditions to determine acceptable extent of in-water
structures (marinas, etc.) and navigation to docks.

IV-6

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SECTION I - NORTH OF TARGET AREA

'Undertake study of fish breeding grounds off-shore to better define the
characteristics, the extent of the habitat and to determine the potential for
improvement and expansion.

S. Maintain existing land use pattern and densities and preserve sensitive
natural features (slopes and bluffs) through land use and development
regulation.

SECTION 2 - EAST OF TARGET AREA

9. Improve pedestrian pathway along the Onondaga Street right-of -way betw6en
Second and First Streets to provide open space link and better pedestrian
.access to Lewiston Landing Park and upgrade playground and parking facili-
ties at the Village Park (Third/ Onondaga) for visitors to area. (See Project
6).

10. Encourage rehabilitation of waterfront residences, particularly in the First
Street area.

SECTION 4 - ARTPARK AREA

11. Improve opportunities for year-round use of Artpark grounds for recreation
purposes (hiking, cross-county skiing, scenic access, touring
historic/ geological sites, fishing) and improve parking facilities for summer
events.

12. Develop scenic overlooks along the Robert Moses Parkway (both sides) above
Artpark.. (See Project 7).

C. PROPOSED PUBLIC AND PRIVATE PROJECTS

Project locations are shown on Figure 14.

-PROJECT 1 - CENTER STREET LANDSCAPING AND ENTRY SIGNAGE IMPROVEMENT
PROJECT

While the main vehicular and pedestrian entry point to the LWRA at the intersection
of Center and Fourth Streets is currently marked, the entry needs to be better
highlighted and made more attractive. This project intends to clearly make this
intersection the "front door" to the waterfront area by improving the landscaping
around the markers and providing better lighting. (Est1mated cost $3,500; one month
to implement).

In this manner, the out-of-tow-n motorist can be made aware of activities beyond this
point. It will also serve as a reminder to Village residents and beautify'the
intersection.

As the major vehicular and pedestrian link between the Village Center.and the
Lewiston Landing Waterfront Park, Center Street between -Fourth and Water Streets

IV-9

should be an attractive magnet of green space and streetscape to encourage the
visitation and use of waterfront development. The 1, 000+ feet from Fourth down to
Water Street should be tree-lined and landscaped at intersections to create an
attractive setting for the scenic vista of the Niagara River available from atop the hill
at Third Street. This would require about fifty trees and shrubs and a four4oot
stabilized pedestrian path at a cost of approximately $15, 000. Appropriate hearty
species in the urban setting of Western New York include Norway and Red Maple'.
Radiant Crab Apple, Linden, Ginko, Honeylocust, Barberry and Juniper.

PROJECT 2 - CREATION OF HISTORICAL, CULTURAL, SCENIC WALKING TOURS

The abundant resources of the Village of Lewiston offer excellent opportunities for
the attraction of area tourists through identification and consolidation of historic,
scenic and cultural sites in the LWRA.

Such sites include:

The Barton House (Center and Third);
The Fairbanks House (Center and Third);
The Riverside Inn/Anglers Retreat (Water Street);
Lewiston Landing Docks (foot of Center Street);
Indian Burial Mound (Artpark);
Lewiston Landing Gully (Artpark);
Joncaire Cabin Site (Artpark);
Scovell Knoll (Artpark).

These sites should be appropriately marked with a marker or plaque to identify their
tc
date and significance. Coordinated with other Village sites by the Lewis on
Historical Society, they would form the basis for a walking tour of the area's Iiistory
promoting awareness and exposure to LWRA resources. Similar tours could also be
assembled by the Chamber of Commerce in concert with Artpark, based on geologic
and natural formations in the area and the dramatic scenic vistas available from
numerous vantage points in the LWRA. Rroduction of -appropriate literature should
be developed for distribution at State and local tourism offices, retail facilities, and
Artpark.

PROJECT 3 - COMPLETION OF LEWISTON LANDING WATERFRONT PARK

The completion of the Lewiston Landing Waterfront Park is the most crucial project
in the development of the Lewiston waterfront and represents the provision of new
water-dependent and water-related facilities to encourage recreation 'and tour-ism
activities. The project focuses on the narrow portion of the shoreline that offers
water access and traditional uses consistent with the objectives of the LWRP.
Primary objectives of the project include improved access to the Lower Niagara
River, improved facilities for boating and -fishing, vehicular and pedestrian
circulation, active and passive recreation opportunities and support services
(parking, renovation of the existing coal silo for restrooms and bait/-tackle,. dockside
services, etc.) in a scenic, attractive setting.

IV-10

The 1983 Fisheries Development Plan for Niagara County outlined the dramatic
growth and impact of sport fishing in the area (Niagara County Department of
Economic Development and Planning, 1984). It indicated a rise in fishing demand of
nearly four-fold ($2. 6 million revenues to over $10 million, annually) by 1985 and the
need for improvement in County. boating/ fishing facilities in response. The'. Plan
identified the intended improvements. in Lewiston Landing boat launching facilities
and the viable bank fishing opportunities there. Clearly, the potential exists for
increased fishing in the area and appropriate facilities to accommodate anticipated
demand.

The construction or renovation of waterside facilities for the park has been
completed. These include a double-wide boat launch, docks, fishing pier,
waterfront bulkhead and walkway. The next phase of the park's development will
provide support facilities and active recreation uses in upland areas and utilize the
topography of the site to create a scenic environment that complements waterfront
uses.

Major changes in the existing deveIopment will be required to complete the park.
As shown in Figure la, the site is mostly owned by the Village, but currently
underutilized and in poor condition. Structures include an abandoned coal silo,,
three dilapidated shacks (since removed), an abandoned sewer treatment plant
(replaced by Town facilities), a public works garage in fair condition (to be
demolished and relocated), a storage building, a new sewerage pump station and two
residences in fair condition. These structures would have to be either renovated.,
relocated or demolished to accommodate' site improvements, as many were found
to be infeasible for use. Only the coal silo and pump station are recommended for
renovation and use as part of the project plan.

The following elements are included in the proposal for upland development:

(Supporting Graphics - Figure 12)

Removal of three shacks (completed) and storage building.

Removal of DPW Garage and Sewer Treatment Plant.

Acquisition and removal of two residences (to provide land for future
park/parking expansion).

Construction-of site facilities (picnic areas along the waterfront, recreation
equipment atop bank, lee rink/wading pool and park building).

Rehabilitation of the abandoned coal, silo for snack bar, bait/tackle shop,
restrooms, and observation deck.

Completion of site improvements (landscaping, paths, stairs, lighting,
signage, drainage and parking, for additional 'trailered and non-
trailered vehicles).

iv-11

The completion of the Waterfront Park is estimated to cost approximately $825,000
including detailed design and engineering studies necessary to advance the project.
Depending on the availability of funding, it is estimated that the park win be
completed over the next 4-5 years. Again, depending on funding availability, the
upland development may be phased, beginning with the renovation of the abandoned
coal silo.

PROJECT 4 - IMPROVEMENT OF SHORELINE ACCESS AND BOATING FACILITIES
BETWEEN CENTER AND CAYUGA STREETS

The deteriorating condition of in-water docks, shore walls and upland structures
along the waterfront immediately south of Lewiston Landing indicates the need for
rehabilitation to improve underutilized facilities and guarantee public access. The
lands on which these activities would take place are currently in State ownership,
and the Village will need to obtain a lease of this area in order to proceed with the
proposed projects. These include reconstruction of 500 feet of shore wall,
replacement- of catwalks, - and construction of a walkway along the shore to the
Cayuga Street right-of -way. Appropriate landscaping and lighting would accompany
walkway facilities. Replacement of docks would enhance mooring capabilities
(currently at thirty slips) and promote water-dependent activities. The slips are
currently used for charter fishing and retail b6ats. This is a complementary use to
the Lewiston Landing and renovation of facilities may encourage expansion.

Upland facilities need improvement, including the access road and two structures
utilized for marina service and repair. ^Since the property is privately owned,
improvements must be accommodated via a negotiated agreement, an easement for
assisted improvement or acquisition with leaseback operations. It is critical that
renovation and continuation of these uses be obtained as a viable commercial
venture. The marina service, repair and storage services are appropriately located
to support public facilities at Lewiston Landing and should continue at this site.
Potential expansion of dockage, pump-out facilities and marine fuel availability
should be included (if feasible) in the rehabilitation of this section of the waterfront.

Improvements include shore wall, finger docks, walkway, access road improvement,
parking for vehicles, dockside facilities, landscaping, signage and lighting. These
will cost about $350, 000 and require two years to implement (scheduled 1986 -1988) -.
Structural rehabilitation and exterior site improvement V@ill require another $50, 000,
for a total project cost of $400, 000.

PROJECT 5 - EXPANSION OF SUPPORTING COMMERCIAL FACILITIES

The Lewiston Landing Waterfront Park (Project 3) and adjacent boat facilities along
the waterfront (Project 4) will provide substantial water-dependent uses in the
area, but not provide any significant income -producing activity or support services
to accommodate patrons. Demand for retail and commercial facilities Will exist, but
not be directly satisfied by projects described above. The upland portion of the
Waterfront Target Area east of First Street and south of Center Street is ideally
suited for water-enhanced development in that Water Street accesses the property
and prospective facilities would sit atop the embankment overlooking the river, park
and marina.

IV-12

A potential development site west of Water Street is afforded excellent proximity to
the waterfront to complement uses there and is not otherwise suitable for water-
dependent activities due to topographic limitations. Appropriate uses in this site
include a restaurant, an inn to accommodate boaters and travelers, a few shops or
boutiques oriented around a nautical theme (fishing gear, sportswear, boat
equipment) and tourist goods and services. Adequate land exists along Water Street
for about 15, 000 square feet of retail/ commercial space. An additional 5, 000 square
feet are available if structures are constructed over the embankment providing
access to both Water Street and the marina level below (15-20 feet). Thesefacilities
would cost approximately $750,000 to $1,000,000 and would complement area uses,
as well as the Riverside Inn, already located on Water Street. Construction would
take only one year, but the development should be scheduled following parky marina
project implementation to insure a viable market for retail facilities. The project
would be privately financed and developed.

The east side of Water Street (Center to Cayuga Streets) is *in appropriate proximity
to the waterfront to provide additional support services. The block already contains
a tavern, a motel and a large gravel private parking lot. Paving of the parking lot
for waterfront visitors and associated water-enhanced commercial development is
proposed for the area. The existing lot could accommodate 100 vehicles at, a cost of
$250,000 (public estimate), or 50 vehicles and 10,000 square feet of retail/ service
development at $575, 000, depending on tourist and recreational demand. The
improved parking lot and commercial development, if any, would be privately
financed and developed.

PROJECT 6 - IMPROVEMENT OF "ONONDAGA TRAIL"' AND VILLAGE PLAYGROUND

Improvement of the existing ped estrian pathway along the Onondaga Street right-of -
way between First and Second Streets and facilities at the Village playground at
Onondaga and Second Streets is proposed to further improve access to the
Waterfront Target Area and strengthen the connections between the Waterfront Area
and the center of the Village. Improvements would include updated play equipment
for children, paths, benches, parking,- landscaping, lighting, approximately 400
feet o'f stairs and walkway down the slope (through trees), and direction signage
both on - and off -site. Site development and parking for approximately 30 vehicles
will cost about $33,000..

The project would be- developed by the Village over a two-year period and will
require Federal assistance to complete.

PROJECT 7 - ROBERT MOSES PARKWAY SCENIC OVERLOOKS

One of the most dramatic vistas of the Niagara River occurs in Lewiston along the
Robert Moses Parkway above Artpark. This portion of the Parkway commands a view
of the American and Canadian landscape and a substantial part of the Lower Niagara
River. Many motorists often pull off along the shoulder of the road to observe the
view and enjoy the scenic vista from this vantage point. As a result, it is proposed
that a scenic turnout off both sides of the parkway be developed by the New York
State Department of Transportation for implementation. This project would not only
capitalize on a major regional vista, but also provide visibility and exposure to
Artpark. and the Lewiston Waterfront to attract tourism and promote LWRP- efforts.
Cost of this project has not been estimated.

IV-13

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SECTION V

TECHNIQUES FOR LOCAL MLEMENTATION

A. LOCAL LAWS AND REGULATIONS NECESSARY TO IMPLEMENT THE LWRP

1. E3dsting Local Laws/Regulations

Freedom of Information Regulation (Chapter 2, Article IV of theVillage Codes;
9-1-74).

Guarantees access to public documents and designates the Clerk-Treasurer
as the Village records officer. As such, this regulation will provide for public
availability of LWRP documents and issue access to information on the
generation of the program.

Fire Prevention and Protection Ordinance (Chapter 98; 1972).

Establishes fire regulations and procedures within the Village.
Specifically, a section of the code limits the storage, manufacture and
transportation of explosives, flammable liquids, liquified petroleum gases,
chemicals and other hazardous agents in accordance with the 1970 American
Insurance Association Fire Prevention Code. As many such agents are
transported through Lewiston, designated routes are established to protect
Village residents (Creek Road Extensioii and Route 104 South).

The Ordinance prohibits the storage and transport of hazardous materials
within the LWRA. It also furthers the policies of the LWRP by protecting
coastal resources through restriction /limitation of hazardous substances.

Solid Waste Management Ordinance (Chapter 9, Article 11; 1974).

Provides for the control and disposal of solid waste and the promotion of
resource recovery. The Ordinance encourages energy recovery and furthers
LWRP policies on solid waste management and water quality through restriction
of waste collection and disposal.

Parks and Recreation Ordinance (Chapter 13; 1980)-

The Ordinance provides for the use and operation - of Village parks and
establishes recreation regulations. It also creates the Village Parks,
Recreation and Conservation Board, which has the power to plan-, establish
policy, maintain an open-space index, develop capital improvements and
advise the Village Board on environmental matters affecting. park, recreation
and conservation. The Board works in cooperation with the Planning Board
in reviewing development applications.

As part of the review process for use and development in accordance with
zoning, the Board will help implement the LWRP in environmental reviews of
actions within the LWRA. The Board will also advise on development and
management of the Lewiston Landing Park, which is the focal point -of
waterfront re'vitalization.

V-3

Planning Regulations (Chapter 15; 1966, 1975).

Provides for creation of the Planning Commission and establishment of local
environmental quality review and historic preservation review. The Planning
Commission has specific responsibilities for review of actions by referral of the
Village Board and approval of development plans within the Village. Article IV
provides for environmental qu ality review of all public and private actions
(including municipal actions, decisions) in accordance with the State
Environmental Quality Review Act and is administered by the Village Board of
Trustees.

Chapter 15 provides review procedures and authority for consideration of
actions within the LWRA. As proposed for modification, the Chapter will
provide the legal authority for consistency with the LWRP and ensure that
local actions are bound by LWRP policies and provisions.

Sewers and Sewage Disposal Regulation (Chapter 20, Article H; 1979).

Provides for restrictions of sewer discharge into a water course, industrial
waste permits, discharge limitations and treatment standards consistent with
NYSDEC regulations. Thesdi regulations will enhance water quality policies
of the LWRP in protecting coastal waters and aid in implementing local actions
consistent with State regulations.

Subdivision Regulations and Zoning Ordinance (Appendix A and B of the
Village Codes; 1973).

'These local regulations provide for the regulation of land use, development
and land improvements within the Village. The Subdivision Regulations
contain street, utility and land improvement standards consistent with
public development requirements. It also contains design criteria for the
layout of streets, lots, blocks, etc. in accordance with natural features and
the accommodation of land for public purposes. The Zoning Ordinance
provides for use and development control of parcels, bulk regulations, overall
design, yard and lot coverage requirements. Regulations include special
provisions for flood hazard areas and parcels along the Niagara River and
other natural features. Both include detailed review procedures. Preliminary
approval of development plans is given by the Planning Commission and final
approval by the Village Board of Trustees.

These regulations establish the procedures and authority for development
approval in the LWRA. The standards contained therein provide applicable
elements for the advancement of LWRP policies (development, natural
resources, waterfront protection from flood / erosion, water quality, wetlands)
and the review of coastal actions.

2. Additional Local IAws and Regulations Adopted to Implement the LWRP

Pbuudug Regulations. (Proposed Amendments; Article H and IV).

Article II amendments expand the powers and duties of the Planning Commis-
sion to include review and evaluation of coastal actions for consistency with

V-4

the LWRP policies and purposes. The Commission has, by law, advisory
responsibilities to the Village Board of Trustees. This article establishes the
executive authority for review of actions in the LWRA. The Planning
Commission provides its advice and recommendations to the Village Board.for
consideration in determining the consistency of the proposed action with the
LWRP.

Article IV amendments provide for the coordinated review of all actions within
the LWRA as part of the local environmental quality review process. It
incorporates a coastal assessment of actions subject to SEQRA review and
establishes criteria for evaluation of LWRP consistency. The amendments
ensure, that Type I and Unlisted actions undertaken in the LWRA will be
consistent with the LWRP.

The text of these amendments are set forth in Appendix. A.

Zoning Ordinance (Adopted Amendments; Appendix B).

In order to reflect provisions of the LWRP, the following elements of the
Ordinance were amended:

1) Purposes;

2) Creation of a new Waterfront Development District for water-related
uses;
3) Amendment to the General Provisions to protect scenic vistas and

4) Amendment to the O-P District (Open and Public District) to provide for
conservation and protection of.the ViRage Shoreline.

The modifications provide for additional use restrictions in the LWRA and
accommodate critical development opportunities on the Waterfront. The
amendments enforce LWRP policies through development review and zoning
compliance.

The text of these amendments are set forth in Appendix B.

B. OTHER PUBLIC AND PRIVATE ACTIONS NECESSARY TO MLEMENT THE
LWRP

In addition to adopting and enforcing the above legislation, the Village government
will need to undertake several actions to implement the LWRP. Other actions
necessary to implement the LWRP need to be undertaken primarily by private groups
or other pubUc agencies. Many actions require the cooperation of different levels
of government, community groups, or the business community. The Village, how-
ever, usually must take the lead in initiating actions which will implement the LWRP.

1 . Local Government Actions

Completion of Lewiston Landing Waterfront Park (See Section IV, Project 3) -
Completion of the park is the most crucial part of the LWRA redevelopment,

V-5

necessary to create a waterfront attraction and provide the impetus for
adjacent private improvements. The Village will be primarily responsible for
furthering the project, including securing sufficient funding from State and
Federal sources. The first step is preparation of an updated and detailed
master plan for the upland park development. Other actions which may
proceed simultaneously includ 'e: . (1) completion of feasibility and design
studies for the re-use of the abandoned coal silo, (2) demolition of sewage
-treatment plant (contingent upon alternative provisions for overflows), (3)
identification of relocation sitelbuilding for the DPW garage, and (4)
negotiation for acquisition of the two res,idences at First and Onondaga
Streets.

Center Street entrV sign and landscaping (See Section IV, Project 1)-the
Village intends to complete this work with Village funds within a year of the
LWRP approval.

Improvement of Shoreline Access and Boating Facilities South of Lewiston
Landing (See Section IV - Project 4) - Action on this project will follow
initiation of the Lewiston Landing Waterfront Park development. A detailed
strategy is needed for accomplishing both public and private improvements.

Improvement of "Onondaga Trial" (See Section IV - Project 6) - Action on this
project also will follow the development of the Lewiston Landing Waterfront
Park. The Village will need to identify and apply for State and/or Federal
funding as the first step in undertaking this project.

Development of Robert Moses Parkway Scenic Overlooks (See Section IV,
Project -7) - The Village will enlist the assistance of the NYS Department of
State in pursuing discussions with the NYS Department of Transportation on
the implementation of this project. The project, however, is of less immediate
importance to the overall implementation of the LWRP than those listed above.

Comprehensive Drainage Stud - A. detailed study of the existing drainage
system is needed to address problems of stormwater and overland runoff which
affect shoreline erosion and Niagara River water quality. As part of this
study, detailed planimetric and topographic maps will need to be'prepared..
(These maps will then be available for use in future planning and project
reviews). The study will be undertaken by the Village as funds are available
and will include development of a specific program for improving the drainage
system.

Niagara River Study Lewiston Landing and its transition waters provide
excellent shelter for boat launching and mooring, due to the coastal protection
it offers from river currents and channel flow in the river. Water near the
shore in this area actually ebbs and, at times, reverses flow, creating a safe
harbor. The high surrounding walls of the gorge also protect the area from
wind and frequently is sought by lake boaters when there are wind-driven
waves and storms. The extent of this "calm water" phenomenon is unknown,
but may provide a unique opportunity for expansion of.boating facilities.

In order to properly asses the potential for marina docks and moorings, a joint
study of river conditions is proposed, with the U. S. Army Corps of Engineers

V-6

-and the New York State Department of Environmental Conservation. The-
study would address river depths and water levels, bottom conditions,
current, navigation and overall limitations to marina development - The result
will provide definitive information on the extent of this phenonmenon, types
and sizes of dock facilities applicable, and the feasibility of expansion of
marina development in the Target Area.

Establishment of Waterfront Coordinating Committee_- Many of the actions
necessary to implement the LWRP either can be best undertaken by private
groups or other public agencies or involve coordinating the efforts of a
combination of groups or agencies. To further the implementation of these
actions, the Village Board intends to establish a coordinating committee or
task force made up of representatives of the various groups which can assist
in implementing the Village's LWRP, including the Lewiston Historical Society,
the Lewiston Businessman's and. Professional Association, the Chamber of
Commerce and the Angler's Association. Aitpark management win also be
invited to participate and other interested public agencies, such as the
Niagara County Cooperative Extension, may also be involved. The purpose
of this committee will be specifically to pursue the implementation of those
actions described below by mobilizing and coordinating the resources of the
community. (The committee will not be involved in the project review
processes established -by the LWRP. ) The establishment of this committee will
supplement the limited staff resources of the Village and help ensure that
those actions necessary to implement. the LWRP will be carried out.

2. Private Actions

StudV of Fish Breeding Grounds - The fishing opportunities in the Lewiston
area are one of the primary attractions of waterfront activities. Anglers are
attracted year-round due to fishing and boating opportunities off Lewiston
Landing and in the area. While the local habitat generally stretches- from
Onondaga Street north to the Village line off the shoreline, its condition,
depth, character and density need better evaluation. It is proposed that a
study be undertaken to determine more specifically the existing extent and
characteristics of the fish habitat, evaluate the feasibility of improving fish
breeding opportunities, and define any additional preservation measures
needed. The study is currently to involve the Angler's Association, but may
also involve the Cooperative Extension Association of Niagara County and the
New York State Department of Environmental Conservation who conducts fish
stocking programs in the Lower Niagara River and Lake Ontario. It is
expected that the study would take about six months to complete and should
be scheduled early in the implementation process to determine relevant costs
and options for waterfront improvement.

Seasonal Fishing Derby - The fishing resources in Lewiston are excellent.,
providing for sheltered year-round access to Lower Niagara River game fish
and shoreline panfish. Trout, perch, smelt and salmon are frequently caught
in the area. Lewiston's unique boat launching and fishing facilities should be
promoted to encourage awareness and use of the waterfront. The Village
should investigate the joint sponsorship of an annual Lower" Niagara River
fishing derby with the Niagara County Cooperative Extension and area
merchants to promote fishing opportunities.

V-7

Rehabilitation of Waterfront Residences - A number of residences in the
LWRA, particularly along the shoreline were identified as needing minor
improvements to enhance the attractiveness /aesthetics of the waterfront.
Private initiative in rehabilitation through awareness of the LWRP and land use
stabilization is required to achieve this action. This effort will enhance the
visual quality of the LWRA and,help implement those policies. .

LWRA Promotion - The lack of awareness and visibility of Lewiston's coastal
resources (Artpark, Lewiston Landing, The Seaway Trail, etc.) prompted the
need for a definitive promotional program to capitalize on LWRP improvements
and efforts. The involvement of the Lewiston Historical Society, Lewiston
Businessman's and Professional Association and others in concert with
Artpark, New York State, etc. would provide greatly needed identity,
complementary efforts and expanded attractiveness to the entire LWRA.
Privately financed promotional literature and coordinated advertising with
State and local organizations would increase awareness of the Lewiston
Waterfront and generate usage of coastal facilities.

C . MANAGEMENT STRUCTURE NECESSARY TO IMPLEMENT THE LWRP

LWRP management capitalizes on existing responsibilities and legal authorities, where
possible, to avoid'municipal complexity and consolidate review activities. Generally,
the local laws dealing with zoning and environmental review/ SEQRA are utilized as
they represent both traditional procedures accepted by the community and,
simultaneously, State and Federal coordination of actions within the Village. These
procedures have been enhanced through local ordinances (see appendix of proposed
local law) to accommodate LWRP implementation and insure compliance with local LWRP
policies and program.

1 Lead Agency/Designated LWRP Officer

The Lead Agency responsible for overall management of the LWRP and
coordination of review procedures is the Village Board of Trustees. The
Board is responsible for local environmental quality review determinations
and zoning decisions and, as such, is the appropriate agency for coastal
assessment and LWRP implementation. The Board is assisted in this task by
the Mayor, Planning Commi sion, Zoning Officer, Building Inspector and such
other departments as may be required to adequately carry out the LWRP.

The designated LWRP official is the Village Mayor who coordinates Board
functions and responsibilities and is @ the key organizational position within the
Village government. Actions. in the LWRA will be submitted to the Village
Clerk for scheduling of Board consideration and coordination of review
procedures, as appropriate.

2. Summary of Speeffic R sponsibilitles for Implementation of the LWRP

Mayor and Village Board of Trustees (5 elected members; 4-year terms). As
the executive and legislative head of the Village, the -Mayor and Board of
Trustees are responsible for municipal decision-making, fiscal programming
and administrative implementation. The Board carries the legislative
authority of zoning and local actions, while the Mayor has the authority for
execiation. of Village policy and directive through the staff.

V-8

For the LWRP,, the Board is responsible for consistency determinations and the
Mayor is responsible for the review process of LWRP consistency through staff
evaluation and enforcement of* LWRP policy through Village regulations. The
Board obtains advice from such appointed Boards as is deemed appropriate in
the evaluation of proposed LWRP actions and consults the Planning Commission
on all actions requiring a determination of consistency with the LWRP.

Planning Commission (5 members appointed by the Mayor; 2-year terms). The
Planning Commission is an advisory body to the Board of Trustees and has
preliminary approval authority for site plans and subdivisions. The
Commission may also, upon request by Board resolution, advise the Board on
waterfront improvements, public structures and public actions in the Village.

The Commission is responsible for evaluating actions within the LWRA and
advising the Board as to their consistency with the LWRP. All actions that
must be accompanied by a Waterfront Assessment Form (Type I, Unlisted
Actions) are referred to the Commission and evaluated for completeness and
consistency with the LWRP and reported back to the Board with the
Commission's recommendations.

Historic Preservation Commission (7.members appointed by the Village Board;
5-year terms). The Commission is responsible for review of historic resources
within the LWRA and provides the Planning Commission with an evaluation of
actions within the LWRA that affect historic structures or sites.

Mayor (Elected) - The Mayor and/or the Mayor's designee are responsible for
receipt of the Waterfront Assessment Form (WAF) and the coordination and
scheduling of reviews for the evaluation of LWRP consistency. As the
designated LWRP official, the Mayor makes WAF's available, determines which
projects will require a WAF, schedules administrative reviews with the various
boards/ commissions, and handles the notification of the NYSDOS/other
affected agencies if any questions on the WAF are answered "yes". The Mayor
also issues a Certificate of Consistency with the LWRP as authorized by the
Village Board of Trustees.

Zoning Officer/ Building Inspector (appointed) - The Zoning Officer is
responsible for the certification of use in accordance with the Zoning
Ordinance. No zoning permit shall be issued in the LWRA for an action subject
to a determination of consistency that does not have a Certificate of
Consistency with the LWRP. The Zoning Officer is charged with enforcement
of LWRP uses in accordance with the Zoning Ordinance and the consistency
determination process.

The Building Inspector receives applications for building permits, permits in
flood hazard areas and Certificates of Occupancy. Applications for permits
in the LWRA are referred to the Mayor or the Mayor's designee to determine
the need for a consistency review.' No permit or certificate shall be issued
until an evaluation of the action has been made, if necessary, in accordance
with consistency determination procedures. The Buil *ding Inspector will also
enforce the LWRP by monitoring compliance with approved provisions and

V-9

restrain from issuance of a Certificate of Occupancy on development not in
compliance with the LWRP and/or conditions established by the Village Board
of Trustees pursuant to a consistency determination.

3. Procedures for Management of the LWRP

The procedures to be established for consideration of local actions and those
for review of Federal and State actions are similar in the Village of Lewiston.
The process utilizes local environmental quality established pursuant to
Article 8 of the New York State Environmental Conservation Law - commonly
titled the State Environmental Quality Review Act (SEQRA) and Part 617 of
6NYCRR. The regula-tory requirements of SEQRA and the procedural
requirements embodied in Chapter 15, Article IV of the Village Code (as
proposed for amendment) provide for the review and assessment of actions in
.the Lewiston LWRA and the determination of consistency with LWRP policies.
All departments and boards of the Village are bound by these regulations.
The assessment of private uses also relies on the Zoning Ordinance, which
includes considerations of the LWRP in evaluating applications in the LWRA.

Every project or action subject to the local environmental quality review will
be accompanied by a Waterfront Assessment Form (WAF) submitted to the
Mayor or the Mayor's designee. Those actions that are identified as Type 11
under SEQRA definitions are excluded from consistency. Actions in the LWRA
that are identified as Type I or Unlisted under SEQRA are submitted by the
Mayor/Mayor's designee for consideration by the Board of Trustees. The
Mayor/Mayor's designee shall also refer each WAF to,the Planning Commission
for evaluation of consistency with LWRP policies.

The Planning Commission will make a recommendation to the Village Board of
Trustees and may obtain such information and reports from departments, local
boards / - commissions, state agencies and / or the applicant as is necessary to
adequately consider the action. The Commission will make a report of their
findings and recommendations to the Village Board. The' Village Board of
Trustees will make a determination based on the submitted WAF and Planning
Commission evaluations and issue a Certificate of Consistency on those actions
that comply with the LWRP. No approval to fund, proceed or grant a permit
for an action will be issued without a Certificate of Consistency.

Compliance of implementation will be monitored by appropriate Village
departments (Building Inspector, Director of Public Works, etc.). Any.
problems will be reported to the Mayor for consideration by the Board of
Trustees and the assignment of punitive action, if necessary.

4. Review of Proposed State and Federal Actions

Proposed State and Federal actions to be located within the LWRA Will be
reviewed in accordance with guidelines established by the-New York State
Department of State, and set forth in Appendix C.

V-10

D. FINANCIAL RESOURCES NECESSARY TO IMPLEMENT THE LWRP

The financial resources of the Village of Lewiston are limited and the Village must
depend on outside assistance and private initiative for successful waterfront
revitalization. The Village has concentrated on manageable projects and actions that
will generate complementary private development and promote interest in the
waterfront. Village participation in the Lewiston Landing Waterfront Park, shoreline
access and local actions that will precipitate use and improvement of the coastal area
is the focus of the Lewiston resources - However, the completion of these and other
projects cannot be accomplished without financial incentives and assistance from both
the public and private sector to compensate for the physical and economic difficulties
of the area. This section summarizes the identified funding sources anticipated to
aid in the LWRP implementation. ( See also Table 5.)

Projects costs for LWRP activities are estimated at $2.8 million (TABLE 5), excluding
land acquisition and design/ engineeringi contingency costs (3016). Approximately
$1. 5 million in private resources and $1. 3 million in public resources will be required
to complete the development program. The Village of Lewiston also anticipates
participation by the Power Authority of the State of New York in waterfront actions.

This would be part of a final settlement for lands and construction of the power plant
adjacent to Artpark (south). Although not finalized, discussions center on
relocation of DPW facilities to accommodate the waterfront park and assistance with
park development.

It is also anticipated thatpedestrian linkages and tourism promotion in the LWRA
would include assistance from Artpark (New York State Office of Parks and
Recreation). Such actions would be of mutual interest and would require nominal
participation. In addition, it is expected that the Niagara River Study would be
implemented'by the U. S. Army Corps of Engineers and the NYSDEC. These agencies
have specific responsibilities for the use and navigability of Niagara River waters
and such a study would cooperatively add to their body of knowledge.

Private actions in the LWRA include promotional efforts (coordinated with Artpark),
promotion of Bed and Breakfast establishments, rehabilitation of waterfront
residences ($14,000 total) and the Fish Habitat Study. The study anticipates
NYSDEC and Niagara County Cooperative Extension participation for fish stocking,
management and improvement.

MANAGEMENT OF THE LWRP

The Village of Lewiston will assume prime resp onsibilities for planning, coordination,
review and enforcement of the LWRP. Since these management functions rely on
existing networks and municipal structures for implementation, no additional
resources are required.

However, the preparation, design and engineering of public actions is not included
in current costs and may easily exceed Village capabilities. Lewiston will need to
seek additional assistance for up to $200, 000 to adequately finallize the scope of costs
of these activities.

V-11

TAiRT, 5

PROJECT Scmamm AM REMCES

VUMGE OF LEWISTM

IRIP PROJECTS: FMIDM RESOURCES
S SCHOME @T MST
Lowlstm Landf Entrance Al 1986 3,5W I

Center Street Landoc%ping 1986 15,WO
LURA Milking Tows 1985-1986 6
Waterfrmt Park 1987 - 89 825,OW 2
Marina Rebabilitatia Services 1987 - 89 400,000 2
CCEBarcw .1ft-widem 1988 - 91 1,000,ow 4
Commercial 9zmfid=/ParkLng 1989 - 91 575,000 5
(Water Strest)
Pla"round -Omdop Trail- Link 1987 - 88 33,000 2/3
Robert Parkway Scenic Overlook 1988 - 90 -- NYSDOT

SMTOTAL $ 2,851,500
30% Design and Cb&-togencies $ 855,450

1.) Village of Lemistan
2.) Fedwjl ftanom-g Nfftcb
3.) State Grout./Village, Batch
.4@) Private Resources
5.) PrivaWVillap
6.) Private/PdUc Rommoso

V-12

FIGURE 15

Management 5tructure for
Review of Actions in the LWRA
Village of Lewiston

VILLAGE

BOARD OF TRUSTEES

BUILDING LWRP OFFICIAL ZONING
INSPECTOR MAYOR CR MAYOR'S DESIGNEE BOARD OF APPEALS

COORDINATION

PLA NNING
COMMISSION

LWRP CONSISTENCY REVIEW.

PARK, RECREATIONI HISTORIC PRESERVATION VILLAGE DEPARTMENTS
CONSERVATION BOARD COMMISSION OTHER AGENCIES

SECTION VI

STATE AND FEDERAL PROGRAMS LIKELY TO AFFECT IMPLEMENTATION

State and Federal actions will affect and be affected by implementation of the LWRP.
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
1?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 occurrin .g 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 Ust 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 of Coastal Areas and Inland
Waterways (Executive Law, Article 42) i 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 LWRPs. 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 ofState 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. LIST OF STATE AND FEDERAL ACTIONS AND PROGRAMS WHICH SHOULD
BE UNDERTAKEN IN A MANNER CONSISTENT WITH 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 AND 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 andlor 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 Wholesaleris Licenses
1.08 Club Beer, Liquor, and Wine Ucenses
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
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

VI-4

DIVISION OF ALCOHOLISM 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)

COUNCM ON THE ARTS

1'.00 FaciUties, construction, rehabilitation, expansion, or demolition or the funding
of such activities.

2. 00. Architecture and environment 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 A-Uthorization Certificate (Licensed Lender Change of Location
1.13 Authorization C6rtificate (Mutual Trust Company Charter)
1.14 Authorization Certificate (Private Bank 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)

VI-5

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

BUFFALO AND FORT ERIE PUBLIC BRIDGE 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.

DEPARTMENT OF COMMCE

1. 00 Preparation of 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, rehabilitation, 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.

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 andior Devices
2.07 Registered Wholesaler-Repacker of Drugs and/or Devices
2.08 Storekeeper's Certificate

VI-6

ENERGY PLANNING BOARD AND ENERGY OFFICE

1. 00 Preparation and revision of the State Energy Master Plan.

NEW YORK STATE ENMGY RESEARCH AND DEV OPMENT AUTHORITY

1. 00 Issuance of revenue bonds to finance pollution abatement modifications in
power- generation facilities and various energy projects.

DEPARTMENT OF ENVIRONMENTAL 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).

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 Ventflation System
9.04 Permit for Burial of. Radioactive Material

VI-7

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 (Il-
0511)
9.17 Permit to Raise and Sell Trout
9.18 Private Bass Hatchery Permit
9.19 Shooting Preserve Licenses
9.20 Taxidermy Idcense
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 Air Permit
9.26 Permit to Plug and Abandon (a non-commercial oil, gas or solution mining
well)
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
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 Isicense for Non-Resident Food Fishing Vessel
9.35 Non-Resident Lobs-ter Permit
9.36 Marine Hatchery andlor 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 15, (Protection of Water) - Dam
9.47 Permit - Article 15, (Protection of Water) - Dock, Pier or Wharf

VI-8

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
9.58 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)
9.65 State Pollutant -Discharge Elimination System (SPDES) Permit
9.6V 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.
12.06 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

ENVIRONXKNTAL FACELITIES 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.

VI-9

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:

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 RetaU 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 COMMUNrrY RENEWAL and, its subsidlarles and
dfiliates

1.00 Facilities construction, rehabilitation, expansion, or demolition.

2.00 Financial assistance J 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

VI-10

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.

JOB DEVELOPMENT AUTHORITY

1. 00 Financing assistance programs for commercial and, industrial facilities.

MEDICAL CARE FACMITIES 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 (Fa@aily Care Homes)
2.03 Operating Certificate (Inpatient Facility)
2.04 Operating Certificate (Outpatient Facility)

OFFICE OF MENTAL RETARDATION AND DEV @OPMENT DISA13IUTIES

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 MILITARY AND NAVAL AFFAERS

1. 00 Preparation and implementation of the State Disaster Preparedness Plan..

NATURAL HERITAGE TRUST

1. 00 Funding program for natural heritage institutions.

V1_11

NIAGARA FALLS BRIDGE CONMISSION (PeEdonal agency)

1. 00 Acquisition, disposition, lease, grant of easement and other activities related
to the management of land under the jurisdiction of the Commission.

2. 00 Facilities construction, rehabilitation, expansion, or demolition.

NIAGARATRONTIER TRANSPORTATION AUTHORITY (re0onal agmicy)

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.

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.

VI-12

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 FOUNDATION

1. 00 Corporation for Innovation Development Program.

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

1.0 Facilities construction, rehabilitation, expansion, or demolition or the funding
of such activities.

VI-13

STATE UNIVERSITY 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 University.

2. 00 Facilities construction, rehabilitation, expansion, or demolition.

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)

DEPARTMENT OF TRANSPORTATION

1. 00 Acquisition, 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 I grant programs:

3.01 Funding programs for construction/ reconstruction and
reconditioning/ preservation 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 (constructionprojects)
4.03 Approval of municipal or regional transportation authority applications
for funds for design, construction and rehabilitation of omnibus
maintenance and storage facilities

VI-14

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 afflHates

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,
commercial, 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

DMSION OF,YOUTH

1.00 Facilities construction, rehabilitation, expansion, or demolition and the
funding or approval of such activities.

VI-15

2. Federal Agencies

DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS

DEPARTMENT 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.

ArmV, Navy and Air Force

4.00 Location, design, and acquisition of new or expanded defense installations
(active or reserve status, including associated housing, transportation or
other facilities).

5.00 Plans, procedures and facilities for landing or storage use zones.

6.00 Establishment of impact, compatibility or restricted use zones.

DEPARTMENT OF ENERGY

1.00 Prohibition orders.

GENERAL SERVICES ADXINISTRATION

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-16

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.

DEPARTMENT 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 of anchorages, lightening 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 Seaway Development Corporation

7.00 Acquisition, location, design, improvement and construction of new and
existing facilities for the operation of the Seaway, including traffic safety,
traffic control and length of navigation season.

FEDERAL LICENSES AND PERMTS

DEPARTMENT OF DEFENSE

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 1999 (33 U.S. C. 401, 403).

2. 00 Establishment of harbor lines pursuant to Section 11. of the Rivers and Harbors

VI-17

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 National Gas Act (15 U. S. C. 717) and the Energy
Reorganization Act of 1974.

2.00 Exemptions from prohibition orders.

Fedei@al 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 Certificate 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)). ,

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)).

BIMRONMENTAL 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, 318 of the Federal Water Pollution
Control Act of 1972 (33 U. S. C. 1341, 1342, 1343, and 1@28) .* *
2. 00 Permits pursuant to the Resources Recovery and Conservation Act of 1976.

VI-118

00 Permits pursuant to the underground injection control program under Section
142.4 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 COMMRCE CONMSSION

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.

NUCLRAR REGULATORYCOMESSION

1. 00 Licensing and certification of the siting, construction and operation of nuclear
power plants pursuant to Atomic Energy Act of 1954, Title II 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.

VI-19

FEDERAL ASSISTANCE*

DEPARTMENT OF AGRICULTIME

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 Waters 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
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 1,
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 Waterborne Transport
Systems

VI-20

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 7 Management Type Cooperative Projects
14.127 Mortgage Insurance - Mobile Home Parks
14.218 Community Development Block Grants/ Entitlement Grants
Community Development Block GrantsJSmall 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 Grants-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 Mammal Grant Program
15.802 Minerals Discovery Loan Program
1.5.950 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

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, SmaU Urban Areas

GENERAL SERVICES ADMINISTRATION

39.002 Disposal of Federal Surplus Real Property

VI-21

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)

&nbws refer to the Cftaim of Moral W=ftia hu"tanw ftvq@, 1980 wd its tw subwq@t
%)dfftm.

VI-22

B. FEDERAL AND STATE ACTIONS AND PROGRAMS NECESSARY TO FURTHER
THE LWRP

1. Federal Actions and Programs

a. Department of Defense Army Corps of -Engineers
(direct Federal Activities and development projects)

I Participate/ assist in Niagara River navigational study.

2. Assessment of erosion conditions along shoreline and
recommended remedial action

b. Department of Commerce
(Federal Assistance)

1 . 11. 30 Economic Development- Grants and Loans for Public Works
and Development Facilities for infrastructure in the LWRA.

c., Small Business Admini tratidn-
(Federal Assistance)

1'. 59.012 Small Business Loans -relocation and new 'business
formation assistance for waterfront retail development.

2. State Actions and Promms

a. Office, of General Services

1 . Prior to any development occurring in the water or on the
-immediate waterfront, OGS should be consulted for a determi-
nation of the State's interest in underwater or formerly
underwater lands and for authorization to use and occupy lands.

b. Department of Environmental Conservation,

1 . Study of fish habitat and improvement] expansion.
2. Land and Water Conservation Fund-access and park expansion
for waterfront facilities (Lewiston Landing Waterfront Park).

C. Office of Parks, Recreation & Historic Preservation

1 . Funding assistance for park preservation and development of
waterfront access.

2. Improvement of Artpark access complementing waterfront
activities (hiking, historic markers, parking, etc.).

3. Coordination of State/Artpark tourism promotion with. Lewiston
Landing activities/ programs (Seaway Trail, Artpark brochures,
state tourism).

VI-23

d. Department of State

1. - Pedestrian trail assistance.

2. Funding assistance for marine expansion, park improvements,
street and water access.

e . Department of Transportation

1 Signage and waterfront identification improvement to Robert
Moses Parkway.

2. Scenic Overlook on Robert Moses Parkway.

f. Power Authority of the State of New York.

1. Financial assistance for preparation and development of the
Lewiston Landing Waterfront Park.

VI-24

SECTION VII

CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE,
REGIONAL AND LOCAL AGENCIES

A. CONSULTATION WITH AFFECTED AGENCIES NARRATIVE

The consultation procedures employed during the preparation of the Local Waterfront
Revitalization Program is outlined in this section. Federal, State, re ional and local
gi
agencies and groups bring a broad array of interest and requirements 'to bear on the
LWRP process. Issues requiring coordination and.interface between the Village's
program and each agency include: regulatory review and permit authority; funding
review and participation; design review and revision authority; and technical
advisory inputs. The consultation process is a two-step process - one of identifica-
tion of projects, actions and programs, the other - the establishment of procedures
to coordinate on-going projects, actions and implementation strategies with affected
agencies. It is not the intent of this section to identify every Federal, State ,
regional and local agency, no matter how obscure or narrow its regulatory focus.
Rather, this section identifies the major and significant projects, programs and
actions (Tasks 4 and 5) and those agencies with the most direct involvement from the
regulatory, administrative, and financial perspectives.

B CONSULTATION WITH AFFECTED AGENCIES - PROCEDURE

Those Federal, State, Regional and Local Agencies most likely to be affected by
Village LWRP actions and programs were identified at the start of the LWRP process.
A mailing list was developed and notices of all Citizen's Advisory Committee meetings
and public meetings were sent to those agencies (and names) on the mailing list.
Agencies were encouraged to attend any and all meetings. As LWRP products were
developed and submitted, affected agencies were notified by mail - if requested,
copies of any tasks were sent to the agency requesting a draft submittal. Task 4 -
Proposed Lana and Water Uses and Proposed Public and Private Projects was sent to
every agency on the mailing list. This Task provided the agency with a definitive
list of projects and identified those projects which would require their re-view, input,
permitting, etc.

The structure (constituency) of the LWRP Citizen's Advisory Committee facilitated
coordination with affected local agencies, groups and divisions of the Village's
government. Members of the Citizen's Committee contained a Village Trustee
(Chairman),, Chairmanof the Village's Planning, Zoning, Historic Preservation, and
Parks and Recreation Boards, the Village Clerk-Treasurer, and representatives from
the Lewiston Professional and Businessman's Association, Lower Niagara River
Angler's Associations, and the Executive Director of Artpark. This Board structure
permitted firm linkages between the proposed project and actions and the diverse
requirements and participation level by many local agencies and groups to be
established - members of the Committee could coordinate LWRP programs and
objectives, with their respective boards, commissions and groups.

Throughout the Task 8 process -- Obtaining Local Commitment, at Citizen's Advisory
Committee meetings, public meetings, and Village Board Meetings the interface
between projects /actions and agency coordination, participation and regulatory
review was discussed. A special Citizen's Advisory Committee Meeting was conduc-
ted for the sole purpose of enabling affected agencies to comment on the initial draft
of the LWRP and state their position regarding regulatory and permit authority,.
funding participation, project review requirements, and level of consultation
assistance during planning, design. and implementation for various projects and
actions. The meeting was structured to permit each agency to comment on its

VII-3

position and requirements, followed by a question and answer period. Four agencies
(the New York State Department of Environmental Conservation, the Power
Authority of the State of New York, Niagara County Planning Department, and
Niagara County Cooperative Extension), attended and spoke at the meeting;. two
agencies (Erie and Niagara Counties Regional Planning Board and Niagara County
Highway Department) either telephoned a response or corresponded.

It should be noted that much of the interface and coordination with regulatory
agencies is well advanced. The focal or target project, the Lewiston Landing
Waterfront Park, required permit issuance from both the New York State Department
of Environmental Conservation and the U. S. Army Corps of Engineers, and financial
assistance and coordination from the New York State Department of Environmental
Conservation and the New York State Office of Parks, Recreation, and Historic
Preservation. The coordination and consultation with the affected agencies was
initiated prior to preparation of the LWRP. This process has been integrated into
future developmental actions that may arise from the LWRP.

C CONSULTATION WITH- AFFECTED AGENCIES - FOCUS

The agencies, groups and departments consulted with, and the major focus of
inv61vement and consultation, is summarized below:

1. FEDERAL

a. Entity: U. S. Army Corps of Engineers
b. Focus: Permit issuance and review authority for in-water and waterside
actions / projects.

2. STATE

a. Entity: New York State Department of Environmental Conservation.
b. Focus: -Permits for in-water and waterside work.
-State Environmental- Quality Review Act-reviews I positive and
negative declarations.
-Environmental reviewsipermits for air and water
emissions.
Funding Programs / Design Review, for waterfront improvements
(Lake Access Program).
-Fish Stocking program and habitat enhancement.

a. Entity: New York State Office of Parks, Recreation and Historic
Preservation (Niagara Frontier State Parks and Recreation
Commission).
b. Focus: --@ Funding programs such as Land and Water Conservation Fund
(administered for Federal government) for waterfront park
funding.

Development reviews for recreational and historical
improvements/ enhancements consistent with OPR Policy

VII-4

a. Entity: Power Authority of the State of New York
b. Focus: - Financial assistance for recreational improvements
(Federal Energy Regulatory Commission).
- Coordination of expansion programs and potential impact on
LWRA.

a. Entity: New York State Department of Transportation
b. Focus: -Regulations affecting, and support of scenic overlook.
Signage placement (tourism)

a: Entity: Artpark
b - Focus: Tourism linkages with waterfront park

a: . Entity: Seaway Trail Commission
b: Focus: Public Awareness and tourism campaigns

3. REGIONAL

a: Entity: Erie and Niagara Counties Regional Planning Board
b: Focus: Consistency with area-wide objectives for economic,
recreational, and environmental considerations

4: Entity: Niagara County Planning and Industrial Development
b: Focus: Consistency with County Planning goals and objectives.
Financial and Planning assistance in comprehensive
waterfront plan and programs

a: Entity: Niagara County Cooperative Extension
b: Focus: Technical and advisory assistance for waterfront implementation
plans and programs (ie - erosion control measures, others).

a: Entity: Niagara County Highway Department
b: Focus: Regulations regarding, signage and improvements, (incl.
drainage) along Route 18F - Seaway Trail-Right-of -Way.

4. LOCAL

Village of Lewiston - Public

a: Entity: Village Board of Trustees
b: Focus: - Ultimate approval, implementation and administration of LWRP.
- Management and implementation structure.
- Lead Agency for SEQR actions. ,
- Chief financial agentl source I administrator for public actions
and projects.
- Program reporting and documentation for LWRP consistency.

a: Entity: Village Planning Board
b: Focus: - Site plan reviews /approvals
- LWRP Consistency reviews

VII-5

a: Entity: Village Zoning Board of Appeals
b: Focus: Consistency- with Zoning requirements, and waterfront district
appeals).

a: Entity: Parks, Recreation and Conservation Board
b: Focus: Advisory for recreational and conservation actions in LWRA.

a: Entity: Historic Preservation Commission
b: Focus: Advisory - review of actions in LWRA for consistency with
Program and historic preservation objectives.

Village of Lewiston - Private Groups

a: Entity: Lewiston Professional and Businessman's Association
b: Focus: - Advertising and awareness campaigns (signage,
advertising).
-Sponsorship of waterfront activities (ie- fishing derby).

a: Entity: Niagara RiverAngler!s Association
b: Focus: - Advisory - technical consultation on fisheries development,
improvements and access.

Town of Lewiston - Public

a: Entity: Town of Lewiston
b: Focus: Consultation on programs of joint TowniVillage involvement
and benefit.

The above public and private agencies and groups represent those most
significantly impacted by proposed programs and actions.

D. REVIEW OF DRAFT LWRP BY STATE, FEDERAL AND LOCAL AGENCIES

The Draft LWRP (with Draft EIS) was reviewed and approved by the Village
Board 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 of Coastal Areas and Inland Waterways Act and State
Environmental Quality Review Act. Copier, of the Draft 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 Village and resultant changes were
made to the LWRP, which are detailed in the Final Environmental Impact
Statement.

VII-6

SECTION VIII

OBTAINING LOCAL CObWTMENT

A. OBTAINING LOCAL COMMITMENT

1. Local Waterfront Revitalization Program Citizens Advisory Committee
(LWRPCAC).

The Mayor of the Village established an LWRP CAC at the start of the
program development. The CAC consists of nine members, made -up of
local citizenry with varying interests, a Village Trustee. to head the
CAC and serve as liaison to the Village Board and various department
heads in Village government.

2. LWRP CAC Organizational Meetingi Role/ Schedule

A CAC organizational meeting was held on Tuesday, November 22, 1983.
All CAC members were in attendance.

Introduction for Preparing the LWRP Document
List of State Coastal Policies

The following Village submittals:

Preliminary Application - LocalWaterfront Revitalization Program
Work Programs (With Task Description and Products)

At the organizational meeting the CAC was instructed as to their duties,
responsibilities and task assignments. The CAC served as a reviewing
body, making comments on task submittals, furnishing background data
for various tasks and providing input to each task's development. The
CAC was informed that their role was clearly one of an advisory nature
and not decision making. Program elements and policy changes can only
be suggested, reviewed or modified by the CAC - ultimate authority lies
with the Village Board.

B RESOURCE LOCATIONS JMATERL4LS

The Village maintains a library of all task materials developed for the LWRP.
Materials will be made available for public review at the Village municipal building
and at the Village's Public Library. All task submittals, pdrtinent correspondence,
meeting notes, agendas and summaries, and public agency comments will be placed.
in these libraries and continually updated.

C. DEVELOPING SUPPORT FOR LWRP AMONG AGENCIES, ORGANIZATIONS AND
THE GENERAL PUBLIC

1 MeeUnas

A minimum of four CAC meetings were held during preparation of key
tasks. Two general public meetings and a public hearing at the
conclusion of the LWRP were held for SEQR requirements and formal
adoption of the program. All meetings were open to the public and
interested groups. Meetings were advertised and summary notes of any
action(s) made.

VIII-3

2. Documentation

The Village documented all public participation activities. Documenta-
tion activities range from posting notices, meeting agendas and
attendance sheets to supplying summaries of meetings and responses to
CAC members, outside 'agencies, interested groups and the Village
Board itself. Some of the methods utilized to obtain involvement of local
groups were through advertisement of meetings in local publications,
mailing list notification, notice posting and CAC 'member's invitations
to special interest group members, etc.

D. LOCAL COMMITMENT

The public participation activities for an effective LWRP must be viewed as a two part
process. Initially, the program required the creation of the public participation
"mechanisms". The mechanisms include CAC formation, meeting schedules, role
assignments and formats for public notification and involvement. This first phase
established the foundation for the more important aspect of public participation
(obtaining local commitment), in that it established the continual and dynamic
process for public input. Throughout theprogram, continual and orderly public
participation was planned.

The Village Board has embraced the purpose and intent of the LWRP. As the
governing body of the Village, they are responsible for ultimate approval and
implementation of the LWRP. The Board takes an active interest in the LWRP
Program and the Mayor has designated a Village Trustee to serve as chairman of -the
CAC. This provides the linkage necessary from the advisory CAC to the decision
making Village Board.

H. PUBLIC PARTICIPATION RESPONSIVE"SS SECTION

This section contains a summary of the meetings that were conducted during the
LWRP and the topics covered. The primary vehicle for obtaining local commitment
centered on the meeting and reporting process of the Citizen's Advisory Committee
Meetings. These meetings were held informally and all mailing list members were
invited. Because of the membership of the Advisory Committee the feedback to the
Village Board and other units of local government was greatly enhanced. The proce-
dure for each meeting involved prior submittal of Task (s) to be reviewed, a meeting
notice (mailed), agenda and sign-in sheet. Task submittals were discussed at each
meeting, followed by a discussion of upcoming Tasks. The Committee members were
asked to participate and provide information for upcoming tasks so that their input
could be incorporated in those products. Each meeting was summarized and the
results of the meeting and program status were routinely reported to the Village
Board.

To date, one public informational meeting was held, four Citizen's Advisory
Committee Meetings, two briefings and review sessions with the Village Board (status
reports were issued at several Board Meetings), and routine consultation with
affected agencies occurred throughout program development..

VIII-4

A summary of the meetings held and topics covered follows:

Meeting: LWRP Scoping Meeting - Albany
Date: November 14, 1983
Purpose/Topic: Establish LWRP schedule, submittal dates and requirements,
objectives and budget.
Attendees: Village Clerk, Engineers, and NYSDOS Representative

Meeting: CAC. Meeting No...1
Date: November 22, 1983
Purpose / Topic: Explanation of the LWRP process, the role of the CAC,
description of tasks and products, due dates and budgets. At
this meeting the LWRP instructions (DOS) were handed out to
each member along with the Informational Packet.

Meeting: CAC Meeting No. 2
Date: January 10, 1984
Purpose / Topic: Review Task 1 (Inventory), discuss boundary area and
revisions, prioritize 44 coastal policies to establish local
relevance. Initiated discussion on projects /programs.

Meeting: CAC Meeting No. 3.
Date: February 21, 1985
Purpose/Topic: Reviewed revised boundary and completed coastal policy
statements. Finalized projects and programs including a detailed
discussion of coastal street ends.

Meeting: Review Session No. 1 - Village Board
Date: October 1, 1984
Purpose/Topic: Initiate discussion and dialogue on management and
implementation strategies including zoning, code revisions,
assignment of roles and responsibilities.

Meeting: Review Session No. 2 - Village Board
Date: November 5, 1984
Purpose J Topic: Review the projects and programs (Task 4) with Village Board
and management/ implementation strategy outline issues for
upcoming Public Information Meeting.

Meeting: Public Informational Meeting No. 1
Date: December 4, 1984
Purpose/Topic: Public informational meeting to present results of Tasks 1-4 and
receive input. All LWRP tasks and objectives were discussed,
with in depth discussion of first four,tasks. The Meeting was
advertised in the Villdge's official newspaper, the Niaga
Gazette. 'A public informational hand-out was supplied (See
Attachment No. 2).

Meeting: CAC Meeting No. 4 - Special (Consultation with affected
agencies).
Date: April 25, 1985
Purpose/Topic: Review of Task 6 and 7. Guest speakers from invited agencies
presented their respective agencies viewpoints, concerns and
requirements.

VIII-5

APPENDIX A

AMENDMENTS TO VIIJAGE PLANNING REGULATIONS

AMENDMENT (DRAFT)

To -the:

Village of Lewiston Planning Ordinance
(Chapter 15 of the Village Code)

regarding:

NYSDOS Local Waterfront Revitalization Program"
for the Village of Lewiston

ARTICLE II. PIANNING COMMISSION

Section 15-19. Powers and duties.

(e) The Planning Commission shall be responsible for review and evaluation
of proposed actions in the coastal area of the Village in accordance with
Article IV of this Chapter. The Planning Commission shall evaluate the
consistency of the proposed action with the policies and purposes of the
adopted Local Waterfront Revitalization Program (LWRP) for the Village
of Lewiston and shall provide its considerations and recommendations
to the Village, Board of Trustees for final determination and
certification of consistency with the LWRP.

re-enumerate (e) to (f) and (f) to (g)
'ARTICLE IV. ENVMONMENTAL QUALITY RMEW OF CERTAIN ACTIONS

Section 15-73. Definitions.

Local Waterfront Revitalization Area (LWRA) shall mean that portion of the New York
State Coastal Area within the Village of Lewiston as delineated in the Village of
Lewiston Local Waterfront Revitalization Program.

Local Waterfront Revitalization Program (LWRP) shall mean the local program to
implement the New York State Coastal Management Program within the Village of
Lewiston as adopted by the Village Board of -Trustees and as approved by the
Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources
Act of 1981.

WAF shall mean Waterfront Assessment Form.

Section 15-74. Compliance with article required; exceptions.

No decision to carry out or approire an action other than an action listed in section
15-75 (b) (c) of this article or section 617.13 of 6 NYCRRR...

Section 15-75. Classification Of actions.

(b) Consistent with Part 617 of Title 6 NYCRR and the criteria therein,

those actions similar to the actions listed in Section 617.13 of Title 6

NYCRR as Type I actions, but not specifically identified are* classified
as unlisted actions and may have a significant effect on the environment
as determined in accordance with Section 617. 11 of the Title 6 NYCRR.

(c) Consistent with Part 617 of Title 6 NYCRR and the criteria therein",- the
actions listed in Section (6-17.12) 617.13 of.

re-enumerate (b) to (c)

Section 15-76. Application and Statement.

In the event that an action will occur within or will impact the LWRA a WAF shall be
completed and filed with the Board of Trustees. The WAF, and any additional
material as may be necessary to explain the nature and extent of the action, shall be
required prior to the Board of Trustees determination of significance pursuant to
Title 6 NYCRR.

Section 15-79. Determ'nation on application

(a) ...... The determination shall-state whether such proposed action may
or will not have a significant effect on the environment or the coastal
resources of the Village.

(b) If the Board of Trusteesdetermines that the proposed action is not an
exempt action, or an action listed in Section 15-75 (c) of this article or
Section 617.13 of Title 6 NYCRR as a Type 11 action and,that it will not
have significant effect on the environment, the Board of Trustees shall
prepare, file and circulate such determination as provided in Section
617. 10 (b) of Title 6 NYCRR and thereafter the proposed action'may be
processed without further regard to this article. The determination
shall include certification as to consistency with the policies and
purposes of the LWRP for those actions subject to a WAF. Certification
shall include a review and evaluation of the action in accordance with
Article II of this Chapter and a determination that the proposed action
is consistent with the policies and purposes of the LWRP based on the
following criteria:

(1) The action will not substantially hinder the achievement of any
of the policies and purposes of the LWRP and whenever
practicable will advance one or more such policies; or

(2) If the action will substantially hinder the achievement of any
policy or purpose of the LWRP, then the action may be
determined to be consistent to the maximum extent practicable
with the LWRP provided that: (i) 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 or purpose, (ii) the action will- minimize all adverse effects
on such policy or purpose to the maximum extent practicable,
(iii) the action will advance one or more of the LWRP policies and
purposes, and (iv) the action will result in an overriding local,
regional or statewide publde benefit.

The action shall not be directly undertaken, funded, or approved by the Village

board or any department, office, other body or officer of the Village, unless the
action has been determined to beconsistent with the policies and purposes of the
LWRP.

(c) If the Board of Trustees determines that the proposed action may have
a significant effect on the environment or the coastal area, the Board
of Trustees shall prepare, file and circulate such determination as
provided in Section 617.10 (b) of Title 6 NYCRR; and thereafter the
proposed action shall be reviewed and processed in accordance with the
provisions of this article and Part 617 of the Title 6 NYCRR.

Section 15-80. Draft environmental impact statement - Preparation.

(c) When an action will occur within or will impact the LWRA, the draft
environmental impact statement shall include an identification of the
applicable policies and purposes of the LWRP and a discussion of the
effects of the action on such policies and purposes.

Section 15-83. Effect of determination that proposed action wiU not @ have
significant effect on environment.

if , on the basis of a draft environmental impact statement or a public hearing thereon
the Board of Trustees determines that an action will not have a significant effect on
the environment, the proposed Action may be processed without further regard to
this article, except that for actions subject to a WAF., a certification of the
tonsistency of 'the action with the policies and purposes of the LWRP shall be made
in the manner and according to the criteria provided in section 15-79 (b) of this
Article.

Section 15-87. Findings to be made upon decision to carrycrut or approve
actions; fMng of copy.

(b) For actions subject to a WAF, the written determination shall include -a
certification of the consistency of the'action with the policies and
purposes of the LWRP made in a manner and according to the criteria
provided in Section 15-79 (b) of this article.

re-enumerate (b) to (c)

Section 15-88. Maintenance of files of notices, statements, certificates and
written determinations required.

The Village shall maintain files open for public inspection of all notices
of completion, draft and final environmental impact statements,
certifications of consistency with Local Waterfront Revitalization
Program policies and written determinations prepared or caused to be
prepared by the Board of Trustees.

APPENDEKB

AMENDMENTS TO VILLAGE ZONING ORDINANCE

To the:

1.7111age of Lewiston Zoning Ordinance
(Appendix B of the Village Code)

regarding:

NYSDOS Local Waterfront Revitalization Program for the Village of Lewiston

SECTION 1. Purposes and Interpretation

C. The provisions and regulations of this Ordinance, and interpretations
thereof, shall be made in accordance with the objectives of the Village
(if Lewiston Comprehensive Master Plan (1977) and consistent with the
policies and purposes of the Village of Lewiston adopted Local
Waterfront Revitalization Program (1986) for the purposes of promoting
the public health, safety, convenience, order, prosperity and general
welfare of the community and protecting and enhancing the coastal
resources of the community.

SECTION 3. Establishment of districts

W-D District (added): Waterfront Development District

SECTION 9: District regulations

E. RB District: Restricted Business

Delete f. Boat liveries or marinas upon premises in the RB District
which abut the Niagara River subject to the following:
1 . Such'activity or use shall be subject to'the provisions of section
bR of this appendix. -

re-enumerate g to f.

F. W-D District: Waterfront Development District

1. Permitted principal uses subject to the requirements of Section
10R.

a . Uses which depend on proximity, access and/or utilization
of the water including, but not limited to, the following:

i . Boat liveries and marinas.

ii. Boat and boating accessories service, repair, sales
and rental.

fli. Fishing and tackle equipment and supplies sales.

iv. Flood and erosion protection structures.

b. TJsps which are enhanced by a waterfront location and
proximity to water-dependent uses including, but not
limited to, the following:

i Tourist facilities (restrooms, snackbars,
information areas, cultural and recreation
facilities) .

U. Restaurants and eating establishments.

iii. Hotels and motels.

iv. Bed and breakfast residences, tourist homes.

v . Retail and service facilities complementary to the
above uses.

C. Other water-related uses which, in the opinion of the
Zoning Board of Appeals, are similar in nature to those.
permitted above -and are consistent with the adopted
Village of Lewiston Local Waterfront Revitalization
Program.

2. Permitted accessory uses.

a. Parking areas in accordance with Section 12..

b. Tempora ry boat and boating equipment storage.

C. Signs in accordance with Section 13.

d. Other accessory uses incidental to those permitted above.

G. O-P District: Open and Public District -@ the intent of the district is to
delineate publicly owned and/or open areas and protect the Village
shoreline. No use, structure or accessory use or structure shall be
undertaken along the shoreline that will contribute to flooding and.
erosion or inhibit public control efforts,'permanently reduce existing
access, substantially reduce public vistas or jeopardize coastal
resources, in accordance with the adopted Local Waterfront
Revitalization Program for the Village of Lewiston.

SECTION 10. General Provisions and permitted modifications.

A. Preservation of Natural Features

5. Existing natural features such as trees, brooks, drainage
channels and viewsivistas shall be retained. Whenever such
features interfere with the proposed uses-of such property, a
retention of the maximum amount of such features consistent with
the use of the property shall be required. No use shall be
undertaken which eliminates or substantially reduces the
view/vista of an existing property due to height, -bulk or
orientation of structure.

R. Development Plan Procedures and Regulations.

4. Standards for review. In making a determination the following
standards shall be utilized.

a. GeneralStandards.

iii. The proposed development is in conformance with
the general intent of the Comprehensive Master Plan
and consistent with the policies and purposes of the
Village of Lewiston Local Waterfront Revitalization
Program.

APPENDIX C

GUIDELINES FOR REVIEW OF PROPOSED

STATE AND FEDERAL ACTIONS

NEW YORK STATE DEPARTMENT OF STATE
COASTAL MANAGEMENT PROGRAM

Guidelines for Notification and Review of State Agency Actions
Where Local Waterfront Revitalization Programs are in Effect

PURPOSES OF GUIDELINES

A. The Waterfront Revitalization of Coastal Areas and Inland Waterways
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 Revitaliza-tion Programs (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 (SEQRA);

2. Occiirring within the boundaries of an approved LWRP; and

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 a6tion 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 acl ,jon 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 Progra or LWRP means a program
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. NOTIFWATION PROCEDURE

A. 'When a state agency is considering an action as described in 11 above,
the state agency shall notify the affected local government.

B . Notification of a proposed action by a state agency:

1. ShallTully 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
an alternative procedure agreed upon by the state agency and
local government;

3. Should be provided to the local official identified in the LWRP 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 on 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 environ-
mental 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 GOVERNMENT RBVMV PROCEDURE

A. Upon receipt of notification from a state agency, the situs local govern-
ment will be responsible for evaluating a proposed action against t -he
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 government to evaluate the
proposed action.

B. If the situs local government cannot identify any conflicts between the
proposed action and the applicable policies and purpose's 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 LWRP.

D If the situs local government 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 iis consi-
deration,.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 LWRP 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 propos,led action
conflicts with the policies and purposes of its approved LWRP:

1. Upon receipt of notification from a local government 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 governmen t repre-
sentatives may be necessary to discuss and resolve the identified
conflicts. This discussion should take place within 36 days of
the receipt of a conflict notification from,the local government.

2. If the discussion between the situs local government and the
state agency results in the resolution of the identified C' onflicts,
then, within seven days of the discussion, the sifus 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.

40, 1

4
3:@ If the@ hisultation between the, situs local government and the
state agency does not lead to the resolution of the identified
conflicts, either party may request, in writing, 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 partv.

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.

PROCEDURAL GUIDELINES FOR COORDINATING
NYS DEPARTMENT OF STATE (DOS) & LWRP
CONSISTENCY EW OF_FEDERAL AGENCY -ACTIONS

DIRECT ACTIONS

1. After acknowledging the receipt7 of a consistency determination and
supporting documentation from a federal agency, DOS will forward c [opies of
the determination and other descriptive information on 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 reconimenda-
tions must be submitted to DOS andwill identify the.]@P,,,partmentls principal
reviewer for the proposed action.

1,'TG-
3. The review period will be.about twenty-five If comments and
recommendations 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 andl or has any questions on the comments
and recommendations submitted by the municipality, DOS will contact the
municipality to discuss any differences of opinion or questions P or to
agreeing or disagr!eeing with the federal agency's consistency determination
0
n 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.

PERMIT AND LICENSE 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 program coordinator,an will identify the
Department's principal reviewer for the proposed action.

2. Within thirty (30) days of receiving such information, the program 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 will be provided to the program coordinator upon, receipt.

4. Within thirty (30) days of receiving the requested additional information or
discussing possible problems of a proposed action with the principal reviewer
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.

-2-

5. After the notificatin, the program coordinator will submit the municipality's
written comments and recommendations on a proposed permit action to DOS
before or at the conclusions of the official public comment period. If such
comments and recommendations are not forwarded to DOS by the end of the
public comment period, DOS will presume that the municipality has no
opinion" on the consistency of the proposed action with local coastal policies.

6. If DOS does, not fully, concur with and/or has any questions on the comments
and recomendations submitted by the municipality on 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.

7. A copy of DOS' "concurrence" or "objective" letter to the applicant will be
forwarded to the program coordinator.

FINANCIAL ASSISTANCE ACTIONS

1. Upon 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 aknowledgement 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 reuested additional information
whichever is later. The review period may be extended for major financial
assistance actions.

4. The program cordinator must submit the municipality's comments and recom-
mendations on the proposed action to DOS wathin twenty days (or other time
agreed to by DOS and the program coordinator from the start of the review
period. If comments and recommendations are not received within this period,
DOS will presume that the municipality has "no optinion" 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 comments
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.
6. A copy of DOS consistency decision letter to the applicant will be forwarded
to the program coordintor.

US Department Of Commerce
NOAA Coastal Services Center Library
2224 South Hobson Avenue
Charleston, SC 29405-2413

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