Coxsackie Village City Zoning Code
ARTICLE VI
Natural Resource Protection Standards
§ 155-38 Applicability.
This section shall apply to all land within the Village of Coxsackie which contains natural resource constraints. These natural resource protection standards are not intended to be substituted for other general zoning district provisions, but can be superimposed over district provisions and should be considered as additional requirements to be met by the applicant or developer prior to project approval.
§ 155-39 Purpose.
The purpose of these natural resource protection standards is to provide special controls over land use and development located in critical ecological landscapes identified by the Village of Coxsackie. The standards and procedures are designed to identify, protect, conserve, enhance, restore and maintain significant natural features and the ecological connections among them. The use of these standards shall:
Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach watercourses, wetlands or subsurface water bodies.
Protect steep slopes and other areas of erosion or potential erosion to the greatest extent possible by minimizing the impacts in these areas by properly managing disturbances.
Identify and maximize the retention of existing natural plant communities which constitute significant wildlife habitat and upland habitat for threatened and endangered plant and wildlife species and species of special concern, a valuable natural resource of the community.
Protect remaining large, contiguous environmentally sensitive areas from activities which would alter their ecological integrity, balance or character.
Improve and maintain the safety, reliability and adequacy of the water supply for domestic, agricultural, commercial, industrial and recreational uses along with sustaining diverse populations of aquatic flora and fauna.
Retain areas of annual flooding, floodplains, water areas and wetlands in their natural state to the maximum possible extent to preserve water quality and protect water retention, overflow and natural functions.
§ 155-40 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A designated area along the perimeter of a wetland, fish and wildlife habitat or other critical area that is regulated either on a seasonal or permanent basis to minimize the impact of adjacent activities, such as human-related disturbances.
A specific geographic area having exceptional or unique environmental characteristics area and designated a critical environmental area by the Village of Coxsackie.
Habitat where endangered, threatened or sensitive species, or species of local importance, have been documented or are known to exist as confirmed by state or federal agencies.
Those species of fish, shellfish, crustacea and wildlife designated by the New York State Department of Environmental Conservation as seriously threatened with extinction in the state; or species listed as endangered by the United States Department of the Interior in the Code of Federal Regulations (CFR) [50 CFR 17.182.1a(1)].
The process by which habitats are subdivided into smaller patches, resulting in increased isolation of the patches, loss of total habitat area and increased edge effects.
A plan prepared to address preservation/restoration and management of significant or essential wildlife habitat and which is approved by the Village in accordance with this article. The management plan describes and depicts the location of areas to be preserved, including any protective buffers. The plan indicates the location of individuals of listed species, their nest sites, dens, burrows, feeding locations, roosting and perching areas and trails, as appropriate. The plan identifies habitat management activities and contains an action plan with specific implementation activities, schedules and assignments of responsibilities.
Soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper soil.
A ecological corridor in which the complete range of community ecosystem processes continue to operate through time, thereby allowing plants and animals to move through these physical conditions.
Vegetation on a site or plant species which are indigenous to the area in question or, if the site has been cleared, species of a size and type that were on the site or reasonably could have been expected to have been found on the site at the time it was cleared.
A fund established for the purpose of acquisition, restoration and management of significant or essential wildlife habitat. The fund shall be managed by a local government or a nonprofit land conservation organization.
An area of land in the Village of Coxsackie, or the immediately adjacent areas, which is approved by the Village as appropriate for off-site preservation of upland habitats as provided in this article and which is in either public or private ownership or has been acquired by a nonprofit land conservation organization for the purpose of being used as a land bank for the preservation or restoration of land.
Any area, whether or not located on a single lot, having a topographical gradient of 15% (the ratio of vertical distance to horizontal distance) or more and with a minimum area of 500 square feet, one dimension of which is a minimum of 10 feet. For purposes of this definition, area measurements must be made along a horizontal plane from within the boundaries of a lot.
Funding provided for the long-term management of habitat preservation areas.
An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated and is normally without flowing water. Swales direct stormwater flows into primary drainage channels and allow some of the stormwater to infiltrate into the ground surface.
Those species of fish and wildlife, designated by the New York State Department of Environmental Conservation, which are likely to become an endangered species within the foreseeable future throughout all or a significant portion of their range or are species listed as threatened by the United States Department of the Interior in the Code of Federal Regulations [50 CFR 17.182.1(a)(1)].
Any natural or artificial, intermittent, seasonal or permanent and public or private water body or water segment. A water body is intermittently, seasonally or permanently inundated with water and contains a discernible shoreline and includes ponds, lakes and reservoirs. A watercourse includes rivulets, brooks, creeks, streams, rivers and other waterways flowing in a definite channel with beds and banks and usually in a particular direction.
All areas that comprise hydric soils and/or are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by Federal Interagency Committee for Wetlands Delineation 1989; Federal Manual for Identifying and Delineating Jurisdictional Wetlands; United States Army Corps of Engineers; United States Environmental Protection Agency; United States Fish and Wildlife Service; and U.S.D.A. Soil Conservation Service, Washington D.C., Cooperative Technical Publication. Wetland areas include vernal pools, wet meadows, marshes, swamp, bogs and similar wet areas. Wetlands also include jurisdictional and nonjurisdictional wetlands as defined by current policy of the United States Army Corps of Engineers.
A specified area surrounding a wetland or watercourse that is intended to provide some degree of protection to the wetland or watercourse from human activity and other encroachment associated with development. The buffer shall be subject to the regulations for wetlands and watercourses as defined in this chapter.
A landscape feature that facilitates the biologically effective transport of animals between larger patches of habitat dedicated to conservation functions. Such corridors may facilitate several kinds of traffic, including frequent foraging movements, seasonal migrations or the once-in-a-lifetime dispersion of juvenile animals. These may be transitional habitats and need not contain all the habitat elements required for the long-term survival or reproduction of migrants.
§ 155-41 Exemptions.
The requirements of these natural resource protection standards shall apply to all development activities within the Village of Coxsackie with the exception of the following:
Land alteration activities for development improvements pursuant to a subdivision preliminary plat and subdivision construction plans which were approved prior to the effective date of this chapter.
Land alteration activities for development improvements pursuant to a final, unexpired commercial or individual site plan which was approved prior to the adoption of this chapter.
Land alteration activities for development improvements to a single-family or two-family residential lot in single-lot ownership. This exemption shall not apply to a minor subdivision.
§ 155-42 Density calculations.
Under these standards, final density calculations in all zoning districts shall be determined by exclusion of critical environmental areas.
All water bodies, watercourses and wetlands shall be excluded from the land area used by an applicant for development in the calculation of permitted densities for construction.
Also excluded in the calculation shall be all land areas with a slope of 50% or greater and 50% of all land areas where the slope is in excess of 15% but less than 50%.
Areas of significant wildlife habitat, including landscape linkages and wildlife corridors, shall be excluded from the land areas used by an applicant for development in the calculation of permitted densities for construction.
§ 155-43 Steep slopes.
Steep slopes have been or are in jeopardy of being destroyed by unregulated regrading, filling, excavation, building, clearing and other such acts which are inconsistent with the natural condition or acceptable uses of steep slopes. Steep slopes are environmentally sensitive landforms and valuable natural resources. The environmental sensitivity of steep slopes often results from such features as shallow soils over bedrock, bedrock fractures groundwater seeps or watercourses and wetlands found on or adjacent to steep slopes. Steep slopes shall include and be characterized as follows:
All areas in the Village of Coxsackie within 50 feet of the top of a slope of 15% or greater when the area of steep slope exceeds 4,000 square feet.
The Village of Coxsackie Planning Board may consult other information, including, but not limited to, soil survey reports prepared by the Soil Conservation Service, topographic maps produced by the United States Geologic Service, field surveys and other appropriate sources in order to more accurately locate and delineate steep slopes.
§ 155-44 Watercourses.
This section of the standards is to provide for the protection and improvement of watercourses within the Village of Coxsackie. The standards establish protective buffer areas and establishes restrictions to activities within those buffer areas.
Watercourse buffer areas. These standards shall apply to any activities proposed within buffer areas of watercourse features as designated below:
All land within 50 feet, horizontal distance, of the center line of any perennial stream as designated by a solid blue line on United States Geological Survey Topographical Maps (7.5 minute series).
All land within 50 feet, horizontal distance, of the center line of any intermittent stream as designated by a broken blue line on United States Geological Survey Topographical Maps (7.5 minute series).
All land within 25 feet, horizontal distance, of the center line of any other watercourse.
All lands within 50 feet, horizontal distance, of the mean high tide mark of the Hudson River or the tidal portions of its tributaries.
The above buffer requirements may be adjusted at the Planning Board's discretion for planned developments subject to PDD regulations.
General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation and increase infiltration and base flows in the Village's streams and lakes. All lands within a designated buffer area defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows:
The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species is not permitted.
Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass. If the construction-related disturbance to the buffer area impacts tree or shrub species, the disturbed area shall be restored using the same species of trees and shrubs.
Buffer areas shall not be mowed more than one time per calendar year after establishment. Mowing of buffer areas shall not be undertaken until after August 15 of each year in order to prevent impacts to ground-nesting species. Mowing for agricultural activities is exempt from this requirement.
The creation of lawn areas within stream buffers is not permitted after the effective date of these regulations.
Snow storage areas designated pursuant to site plan or PDD review shall not be located within stream buffers unless the applicant can demonstrate that there is no reasonable alternative location for snow storage on the same property and measures such as infiltration areas or enhanced buffer vegetation have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated watercourse as a result of snow melt.
Agriculture, horticulture and forestry, including the keeping of livestock, is allowed, provided that any building or structure appurtenant to such uses is located outside the watercourse buffer. Livestock-based agricultural operations are encouraged to minimize livestock impacts within the buffer area to the maximum extent possible.
Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare are allowed. Such encroachments shall be undertaken so as to minimize the impact, and every reasonable effort shall be made to restore the site after the activity is completed.
Encroachments are allowed as necessary for providing for or improving public facilities in those cases where there is no reasonable alternative to impacting the buffer area.
Public recreation paths, located at least 10 feet from the edge of the channel of the surface water. Outdoor recreation facilities are allowed, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the watercourse buffer.
Stormwater treatment facilities meeting the New York State Stormwater Design Manual Guidelines may be allowed in the designated buffer area when the treatment facilities utilize practices which maximize biological activity in the treatment of stormwater. All facilities must be built in full accordance with the design parameters as set forth in the NYSDEC guidelines. Stormwater treatment practices that are allowed in the buffer are included in Chapter 6 of the New York State Stormwater Design Manual and include:
P-1 Micropool extended detention pond.
P-2 Wet pond.
P-3 Wet extended detention pond.
P-4 Multiple pond systems.
P-5 Pocket pond.
W-1 Shallow wetland.
W-2 Extended detention shallow wetland.
W-3 Pond/wetland system.
W-4 Pocket wetland.
F-5 Bioretention.
O-2 Wet swale.
Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least 10 feet from the edge of the channel of the surface water.
Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative, for providing or extending utility services.
Preexisting structures. Expansion and construction of preexisting structures within the designated buffer areas may be approved by the Village of Coxsackie Planning Board as a conditional use, provided the requirements of the underlying zoning district and the following standards are met:
The structure to be expanded or reconstructed was originally constructed on or prior to adoption of these standards. For purposes of these regulations, expansion may include the construction of detached accessory structures, including garages and utility sheds.
The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream center line than the closest point of the existing structure.
The total building footprint area of the expanded or reconstructed structure shall not be more than 50% larger than the footprint of the structure lawfully existing on the date of the adoption of these standards. For purposes of these regulations, reconstruction may include razing the existing structure and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section.
An erosion control plan for construction is submitted by a licensed engineer or other qualified professional [i.e., certified professional in erosion and sediment Control (CPESC)], detailing controls that will be put in place during construction or expansion to protect the associated surface water.
A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted, and the Village of Coxsackie Planning Board finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream.
Watercourse alteration and relocation. The alteration, relocation or culverting of a watercourse shall be discouraged and is only permitted subject to the review of the Village of Coxsackie Planning Board. Approval of alternation, relocation or culverting of a watercourse may only be allowed under the conditions below. In making findings relative to these criteria, the Village of Coxsackie Planning Board shall be authorized to invoke technical review, at the applicant's expense, by a suitable professional in hydrology or geomorphology and/or to rely on the issuance of a stream disturbance permit (Article 15, Environmental Conservation Law)[1] issued by the NYSDEC.
The activity is necessary to accomplish a clear public purpose or objective.
The activity will not reduce the ability of the watercourse to carry or store floodwaters adequately.
The activity will not have an adverse impact on downstream or upstream water quality.
The activity will not affect adversely the use and enjoyment of adjacent properties.
The activity will not affect adversely the habitat value of the watercourse or immediately adjacent areas or wetlands.
[1]
Editor's Note: See Environmental Conservation Law § 15-0101 et seq.
§ 155-45 Wetlands.
It is the purpose of this section to provide appropriate protection of the Village's wetland resources in order to protect wetland functions and values related to surface water and groundwater protection, wildlife habitat and flood control.
Applicability of standards. These wetland protection standards shall apply under the flowing conditions:
All wetland areas within the Village of Coxsackie, whether identified on the limited States Fish and Wildlife Service National Wetland Inventory or NYSDEC Article 24 protected wetlands maps.[1]
[1]
Editor's Note: See Environmental Conservation Law § 24-0101 et seq.
A protected buffer of 50 feet, horizontal distance, surrounding the boundary of any such wetland, with the exception of NYSDEC jurisdictional wetlands which have buffer of 100 feet regulated by New York State, shall be subject to the provisions of this section.
All wetlands shall be delineated by a qualified professional and clearly indicated on an applicant's site map.
Field delineation and wetlands report. All applicants shall be required to provide for the review and approval of the Village of Coxsackie Planning Board a wetland delineation and associated report.
Applicants shall submit site-specific field delineations indicating the location of all wetlands on the property.
Delineations shall include NYSDEC-regulated wetlands as well as jurisdictional and nonjurisdictional wetlands that meet the criteria for wetlands under federal standards.
Delineation of wetland buffer areas, including 100 feet for NYSDEC-regulated wetlands and 50 feet for all other wetlands.
Under no circumstances shall published NYSDEC or National Wetland inventory maps be used as a substitute for field delineation. Applicants are encouraged to submit a field delineation and wetlands report as early in the development review process as possible.
The Village of Coxsackie Planning Board shall have the authority to invoke technical review, at the applicant's expense, by a qualified wetlands consultant, of any field delineation and wetlands report.
Standards for wetlands protection. The applicant shall be required to meet or exceed the following wetland protection standards:
Consistent with the purposes of this section, encroachment into wetlands and buffer areas is generally prohibited.
The encroachment(s) will not adversely affect the ability of the property to carry or store floodwaters adequately.
The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards.
The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetlands report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering and/or other mitigation measures.
§ 155-46 Wildlife habitat.
Areas that contain wildlife and wildlife species are a natural resource of local, statewide, national and global significance. Wildlife plays important roles in maintaining ecosystems through ecological interactions such as predation, pollination and seed dispersal, as well as provides valuable educational and recreational opportunities. Wildlife populations can only be sustained if adequate measures are taken to maintain the habitats they require and the ecological connections between them. Habitat protection enables wildlife to persist in a region, as well as enables the continuation of vital natural processes. Poorly planned land development has fragmented ecosystems.
Habitat assessments. Prior to the submission and review of sketch plans or initiation of SEQRA, applicants must complete a thorough assessment of wildlife habitats. Habitat assessments shall identify species of conservation concern that use, or may use, the existing habitat. Assessments of habitat must include both site-specific assessments, as well as an assessment of the on-site habitat in the context of the broader surrounding landscape. Habitat assessments shall be conducted using the following guidelines:
Resources. For the purpose of providing habitat descriptions, the following resources are acceptable:
Habitat assessment scope. Assessment of existing habitat and potential impacts must be based on the appropriate level of assessment. For the purpose of developing a habitat assessment report, assessments should include, but are not limited to, the following items:
Soils, bedrock geology and topography.
Habitat descriptions, including acreage of all habitat types, both as a quantity (i.e., acres) as well as a summary of habitat types as a percentage of the total site.
Dominant vegetation as well as secondary vegetative communities.
Connections with adjacent habitat.
Assessment of habitat quality or condition, including productivity.
Summary of amount of each type of habitat to be impaired or lost due to project activity.
Habitat evaluation of all wetlands and watercourses (perennial and intermittent) on site, regardless of regulatory status or jurisdiction.
Rarity of the habitat type both in the context of federal or state listings as well as local interest in species conservation (i.e., grasslands).
Habitat size as well as spatial distribution both on-site and in the context of off-site habitat (fragmentation).
Habitat fragility, its susceptibility to disturbance both natural and human induced.
Habitat monitoring and data collection on specific use of the site by various species.
Species of conservation concern. For the purpose of these standards, species of conservation concern shall include those species which are designated on the lists cited below. Many of these species are restricted to specialized habitat with specific physical or biological features. When appropriate habitat is present on site, it must be assumed that species which utilize that habitat are present or could be present in the future.
Endangered, threatened, rare or special concern under the New York State Environmental Conservation Law.[2]
[2]
Editor's Note: See Environmental Conservation Law § 1-0101 et seq.
S1, S2 or S3 by the New York State Natural Heritage Program.[3]
[3]
Editor's Note: See Environmental Conservation Law § 11-0539.
Species which are the focus of local or regional conservation efforts.
Habitat assessment report. Applicants are responsible to submit to the Village of Coxsackie Planning Board, and/or its designee, a detailed habitat assessment report. The report shall utilize the following format.
Title page. Include the name of the subdivision/project, report date, applicant and contact information for report preparer.
Project description. Include a location map and adequate information to summarize the full scope of the project and its impacts. For multiphase projects, all phases of the project must be included.
Methods. Cite sources of information, including existing or new studies, maps, reports, agency inquiries, aerial photographs and on-site evaluations/observations, assessment methodologies or protocols, etc.
Results and findings. Discuss the site overview with habitat descriptions, indicators of habitat quality, habitat map (to scale), soils map and vegetation/wildlife list. Use tables to summarize information for Planning Board review. Discuss species of conservation concern both on-site and in the broader landscape.
Project impacts. Present the direct, secondary and cumulative impacts of the project on habitat resources.
Summary.
References cited.
Habitat preservation. When a proposed project will have a significant impact on a species of conservation concern, a habitat protection plan will be submitted by the applicant for the review and approval of the Village of Coxsackie Planning Board. The habitat protection plan shall contain the following information, as a minimum, and will be subsequently used as part of the environmental review process. Development of a habitat protection plan is a condition of approval for discretionary permit(s) and/or construction permits. The habitat protection plan shall include:
Habitat preservation report. Applicants shall prepare and submit a detailed habitat preservation strategy which includes, but is not limited to:
A description of the nature, density and intensity of the proposed development in sufficient detail to allow analysis of such land use change upon the protected fish or wildlife habitat.
The applicant's analysis of the effect of the proposed development, activity or land use change upon the fish and/or wildlife species.
A plan by the applicant which shall explain how he will mitigate any adverse impacts to protected fish or wildlife habitats created by the proposed development. On critical habitats such as grasslands, applicants shall seek to provide habitat protection on a 1:1 ratio, with one acre of protected habitat provided for every acre of habitat impacted by development. Protected habitat can be accomplished directly by the applicant using on-site or off-site mitigation, or by contribution to a conservation banking program. The Village of Coxsackie Planning Board shall have the final approval on the proposed habitat protection strategy and may, at the applicant's expense, consult with local or state agencies, as well as qualified professionals, to determine if the habitat mitigation offered is appropriate for the habitat impacts proposed.
A description of how the applicant will assure long-term protection and management of the habitat to be protected.
Habitat preservation map. Applicants shall prepare and submit a map(s), prepared at an easily readable scale, which indicates the components of the habitat preservation strategy. The map shall include, but is not limited to:
The location of the proposed development site. Include a map that shows the location of the site and any conservation lands within five miles of the site.
The relationship of the development to the adjacent habitat area.
The nature and density of the proposed development or land use change.
Proposed building locations and arrangements.
A legend which includes a complete and accurate legal description of the parcel, title, scale and north arrows, and date, including revision dates if applicable.
Existing structures and landscape features, including the name and location of all watercourses, ponds and other bodies of water.
Habitat preservation strategy. The applicant shall prepare for the review and approval of the Village of Coxsackie Planning Board a habitat preservation strategy that includes, but is not limited to:
Establishment of buffer zones and/or enhancement of existing buffer zones by planting indigenous plant species.
Establishment of on-site habitat protection areas.
Establishment of off-site habitat protection areas.
Contribution to a local habitat land banking program.
Seasonal restriction of construction or site use activities.
On-site habitat preservation.
On-site preservation shall be considered the most desirable alternative to protect upland habitat and plant and wildlife species. However, in some cases protection of upland wildlife habitat or upland habitat for endangered or threatened species or species of special concern will be best accomplished through off-site preservation. On-site preservation shall be recommended only when the site is supporting by itself, or in combination with off-site lands, a viable population, nesting pair or nesting colony of a listed animal species, and sufficient management capabilities exist to manage the habitat to maintain the viable population, nesting pair or nesting colony of the listed animal species.
Where on-site preservation opportunities exist within a development, the site or sites selected for on-site preservation shall be the best suited to likely maintain a viable population or natural plant community(ies). The selection of on-site habitat protection shall be based upon the following:
Protectability and manageability of the site;
The size and shape of the site. Emphasis should be on not creating enclaves of development or areas fragmented by development. Provide, where appropriate, adequate buffers from the secondary impacts of development and effective wildlife corridors;
The contiguity of the site with significant or essential wildlife habitat off-site;
The existing species' population sizes at the site;
The life history requirements of the species involved;
The proximity and accessibility of the site to other populations of the same species; and
The compatibility of preservation of the site with adjacent land uses.
On-site habitat preservation, including the establishment of any required buffers, shall be accomplished through the designation of the preserved areas as a preservation area, as appropriate, on all development plans and plats.
Off-site habitat preservation. When the amount of wildlife habitat available for preservation on site will not be effective to meet species' needs, or if the available on-site habitat cannot be adequately managed, the applicant may elect to mitigate for his/her impact through off-site preservation. The off-site preservation requirement may be fulfilled either directly by preserving land off-site or indirectly by contributing to an off-site conservation fund. Additionally, the Village of Coxsackie Planning Board may allow for off-site habitat preservation when the applicant participates in a broader regional habitat preservation plan such that the applicant's contribution helps meet a habitat preservation goal that exceeds the value of habitat preservation on-site. In such instances the following criteria shall be met:
The off-site preservation site shall be associated with a broader, regional approach to habitat preservation (i.e., Greene County Grassland Management Plan) or must have a clearly documented benefit due to the relationship between the proposed off-site preservation areas.
Off-site preservation sites shall be for the purpose of restoring (if applicable), preserving and maintaining natural areas in perpetuity.
The off-site habitat preservation site shall be of the same habitat type and quality (or higher quality) than the habitat proposed for impact or the habitat available for preservation on site or be land which can be restored to the same type of habitat as the natural plant community being impacted.
Off-site preservation sites for listed species shall be biologically manageable and appropriate habitat for the wildlife or plant species requiring protection or land which can be restored to such habitat. An off-site preservation site shall be acre-for-acre compensation for on-site habitat impacts.
Off-site preservation areas shall give priority to additions of land to existing publicly managed areas held for conservation purposes or other suitable sites recommended for preservation or restoration by a state or local land conservation agency or organization. Alternatively, the developer may propose another site within an ecosystem, watershed or river basin in proximity to the habitat being adversely impacted on site by development.
The developer shall acquire, at its sole cost and expense, fee simple title or a conservation easement and shall transfer or convey such title or easement of an appropriate off-site preservation site to a governmental agency or nonprofit land conservation agency or organization.
The applicant demonstrates to the satisfaction of the Village of Coxsackie Planning Board that any proposed off-site habitat preservation will be adequately funded, both of the direct acquisition as well as the long-term stewardship, and there are appropriate mechanisms in place to insure that the off-site preservation will be successfully accomplished. The applicant will be required to submit copies of executed contracts, funding agreements, description of stewardship fees, easements or other information to document the details of the off-site habitat preservation.
Preservation area management. Additionally, the applicant shall submit a management plan for the habitat area to be preserved. The management plan shall ensure the continued, adequate and appropriate management of the preservation area and the continued protection of the site from adverse impacts. The management plan shall include, but is not limited to:
Description of the long-term management structure, including the roles and responsibilities of the applicant as well as any participating regulatory or conservation agency/organization. The preferred way of protecting open space is for the applicant to provide deed covenants and restrictions acceptable to the Village Attorney. Conservation easements will also be considered in a case where they are transferred to a conservation organization or to a homeowners' association acceptable to the Village.
Description of the proposed funding mechanism to meet long-term habitat preservation area management requirements, including copies of any contracts or funding agreements between the applicant as well as any participating conservation agency or organization.
If a conservation easement is acquired and transferred, a management plan shall be developed in cooperation with the landowner which stipulates the limitation on the use of the land and identifies the habitat management activities, restoration activities and assignments of responsibility. All easements shall reference the management plan.
The Village shall be granted third-party enforcement rights to enforce the terms of all restrictions, easements or other legally binding instruments. Such provisions shall include that the Village shall be entitled to reimbursement for all costs, expenses and attorneys' fees incurred in connection with such enforcement, to be collected from the party against whom enforcement is sought.
Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining the habitat area shall be borne by the homeowners' association, conservation organization or private owner(s). The Planning Board shall have the authority to require a bond or other security measure to ensure proper maintenance of the habitat area.