WORKING DRAFT - MARCH 18, 2016
CITY OF TONAWANDA LOCAL WATERFRONT REVITALIZATION PROGRAM
LWRP Adopted: City of Tonawanda Common Council, November 19, 1991
Approved: NYS Secretary of State Gail S. Shaffer, December 27, 1993
Concurred: U.S. Of ice of Ocean and Coastal Resource Management, June 8, 1994
Amended LWRP Adopted: City of Tonawanda Common Council, XXX
Approved: NYS Secretary of State Cesar A. Perales, XXX
Concurred: U.S. Of ice of Ocean and Coastal Resource Management, XXX
Consultant Team:
This Local Waterfront Revitalization Program was prepared for the City of Tonawanda and New York State Department of State with fund provided under Title 11 of the Environmental Protection Fund. Table of Contents
Section 1: Waterfront Revitalization Area
1.1 Introduction and Background ...... 1
1.2 City of Tonawanda Local Waterfront Revitalization Area ...... 2
Section 2: Inventory and Analysis
2.1 Regional Setting, Historic Context and Community Characteristics ...... 3
2.2 Overview of Coastal Resources Planning Efforts ...... 6
2.3 Demographics ...... 14
2.4 Existing Land and Water Uses ...... 19
2.5 Surface Water Uses, Navigation and Harbor Management ...... 44
2.6 Natural Resources ...... 54
2.7 Water Quality ...... 69
2.8 Historic, Cultural and Scenic Resources ...... 74
2.9 Public Infrastructure ...... 82
2.10 Summary of Jurisdictional Agencies ...... X
Section 3: Waterfront Revitalization Program Policies
3.1 Developed Waterfront Policies ...... 90
3.2 Fish and Wildlife Policies ...... 102
3.3 Flooding and Erosion Control Policies ...... 108
3.4 General Policies ...... 119
3.5 Public Access Polices ...... 120
3.6 Recreation Policies ...... 127
3.7 Historic and Scenic Resources Policies ...... 129
3.8 Agricultural Policies ...... 135
3.9 Energy and Ice Management Policies ...... 135
3.10 Water and Air Resources Policies ...... 136
3.11 Wetlands Policies ...... 148
Table of Contents
Section 4: Proposed Land and Water Uses and Projects
4.1 Placeholder ...... 149
Section 5: Techniques for Local Implementation
5.1 Placeholder ...... X
Section 6: State and Federal Actions/Programs Likely to Affect Implementation
6.1 Placeholder ...... X
Section 7: Local Commitment and Consultation with Federal, State, Regional and Local Agencies Techniques for Local Implementation
7.1 Placeholder ...... X
MAPS
1. Local Waterfront Revitalization Area ...... 3 2. Existing Land Use ...... 19 3. Public Access & Recreation ...... 29 4. Public Lands ...... 33 5. Zoning (by others) ...... 39 6. Natural Resources ...... 55 7. Underutilized, Vacant, and Environmental Sites ...... 67 8. Transportation Network ...... 85 9. Waterfront Future Land Uses & Key Projects (PENDING) ...... X
APPENDIX
A. Outreach Plan (May 2015) B. Standards for Docks on the Canal System (NYS Canal Corporation , May 2001)
Section 2 Inventory and Analysis
Niagara River @ Niawanda Park Section 2
Section Two of the document “sets the stage” for the remainder of the LWRP, identifying the existing assets of the community, both on the land and water side, Fact Behind the City: as well as the local characteristics that make up the waterfront. Knowing what the Origin of the Name community has to work with in terms of culture/historical context, infrastructure, land uses, people, neighborhoods, and natural resources provides the right According to a foundation for future policies and projects. pamphlet written by Willard B. Dittmar 2.1 Regional Setting, Historic Context and Community Characteristics entitled A History of the City of The City of Tonawanda is located within the northern portion of Erie County Tonawanda, the (Figure 2‐1, top). It is bordered by the Town of Grand Island and the Niagara River origin of the name to the northwest, the City of North Tonawanda to the north, and the Town of “Tonawanda,” which Tonawanda to the south, west and east. The City is situated equidistant from the means “swift running City of Buffalo and the City of Niagara Falls (about 10 miles south and northwest, water,” is derived respectively). It is part of the Buffalo‐Niagara Falls Metropolitan Statistical Area. from the Iroquois
Indians who named The City is situated along the southeastern shoreline of the Niagara River and is the this area after gateway to the Erie Canal/Tonawanda Creek (Figure 2‐1, bottom). Two‐Mile Creek Tonawanda Creek. It also borders the City to the west. The City occupies approximately 3.6 square is also noted that the miles of land area, with about two miles of shoreline along the Niagara River, one Tuscarora Indians mile of shoreline along the south bank of the Erie Canal/ Tonawanda Creek, and called the creek approximately one mile of shoreline along both sides of Ellicott Creek. “Tahnawá‐teh”,
meaning “con luent The City’s history is rooted in its relationship with the Niagara River and stream”. Tonawanda Creek. Settlement began along the shoreline in the early 1800’s. Growth in the hamlet of Tonawanda increased upon the opening of the Erie Canal, which was completed within the course of Tonawanda Creek in 1825 and continued on to Buffalo. The Erie Canal, and the railroads that soon followed it, provided economic opportunity. By the end of the 19th century, both sides of the Erie Canal were devoted to commerce that resulted from the completion of the canal, which extended from Buffalo to Albany. Tonawanda (which included both North Tonawanda and Tonawanda at the time) became an active port and handled vast shipments of lumber that came on great lakes cargo ships from the west. Lumber and other materials were transferred to canal barges and steam ships for transport along the Erie Canal to coastal cities to the east. This resulted in the recognition of Tonawanda as the lumber capital of the nation.
In 1854, Tonawanda separated from the Town of Tonawanda and the hamlet of North Tonawanda (which later became an incorporated village and city) and was
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Inventory and Analysis
Figure 2‐1: Regional location of the City of Tonawanda (top) and local map (bottom).
4 Section 2 incorporated as a Village and then a City in 1904. Following this Tonawanda Then ... change in municipal status, the City lobbied the State of New York for approval to reconstruct the local segment of the Erie Canal to improve navigation for tugboats, barges, and other vessels, but this request was denied. The larger New York State Barge Canal system was constructed, which could accommodate steam vessels, and later diesel tugs, replacing the old Erie Canal. In 1918 the Canal route was changed and shortened, and Tonawanda Creek became the western terminus as powerful tugs could easily pull or push barges up the Niagara River and through the Black Rock ship canal to Buffalo. The old Erie Canal corridor, which extended from Tonawanda to Buffalo, was removed from service and the canal channel that ran through Tonawanda, along the Niagara River, was illed in the 1920’s.
Eventually, use of the Erie Barge Canal as a major transportation route was replaced by rail transport, which could move goods (and people) cheaper and faster. The decline in the use of the canal for transportation led to a subsequent decline in the lumber industry. The waning lumber industry gave way to manufacturing, Canal barges (top) and Tonawanda Iron and Steel which helped to accommodate World War II efforts and post war Company, circa 1900 (bottom) market demands. New homes, schools and roads were built to And Now ... serve the growing population. A shift in economic focus away from manufacturing, however, resulted in the decline of business in the City’s downtown area and the abandonment of shoreline areas that supported industrial uses. Urban renewal in the 1970’s saw the removal of historic buildings, changing the face of the business district and the waterfront.
Today, the City of Tonawanda supports a population of about 15,000 persons; much of the housing stock was built before 1960. The lumber docks and mills and other industrial uses that were once prominent ixtures along the waterfront are gone, and large areas of the City of Tonawanda shoreline are devoted to public use and recreation. Public parks and multi‐use trails have replaced the former Erie Canal corridor along the Niagara River. The City of Tonawanda waterfront, which includes the River, as well as the Erie Barge Canal/Tonawanda Creek and Ellicott Creek, is now a
Gateway Harbor (top) and Niawanda Park (bottom) 5
Inventory and Analysis popular area for pleasure boating, ishing, biking and passive recreation year round.
2.2 Overview of Coastal Resources Planning Efforts
2.2.1 Regional Planning and Local
There are a number of regional plans that are available to help guide land use and other activities in the City of Tonawanda and Erie County, as a whole.
Framework for Regional Growth for Erie and Niagara Counties The Framework for Regional Growth for Erie and Niagara Counties, New York is the regional planning document. The Framework was inalized in October of 2006 and establishes basic policies and principles to guide the future growth and development of the region. Speci ically, the Framework provides:
A vision for how the region should grow over the next 15 years. Direction regarding growth and redevelopment matters for County decision makers and other regional organizations that are linked to the two counties by way of funding, membership or other relationships. Information on the ways local governments, private sector and non‐ pro it actions and initiatives can reinforce the overall regional vision. Mechanisms to insure that the goals, concepts and recommendations of the Framework for Regional Growth are implemented in an ef icient and accountable manner.
The Framework’s recommendations build on the recognition that the Region’s communities cannot effectively plan in isolation or independently address important issues, as almost every challenge faced by a locality has a regional dimension. The Framework is not a conventional zoning or land use plan or capital improvement program. It is designed to help County and regional leaders make better policy and investment decisions, more effectively leverage limited resources and provide more consistent direction and useful support to municipalities.
The Framework for Regional Growth establishes planning policy areas that de ine, in broad terms, where County policies encourage development and public investment, where development and public investment may be appropriate subject to careful evaluation and where conservation strategies
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generally take precedence over plans for development and public investment.
The planning policy areas include Developed Areas, Developing Areas and Rural Areas. The City of Tonawanda waterfront area falls into the Developed Areas category because it is situated between the Cities of Niagara Falls and Buffalo, and includes urban development that is served by public sewer, water and transportation infrastructure. The Framework policies and strategies for the Developed Areas include:
Sparking Investment Attracting new households and businesses, Supporting the preservation and stabilization of existing neighborhoods, Supporting new compact, pedestrian oriented, mixed‐use development on vacant and underutilized sites, and Improving livability and economic vitality.
Niagara River Greenway Plan The Niagara River Greenway Plan is a guidance document for creating connections between the various constituents, organizations and municipalities that comprise the Niagara River Greenway. It is an initiative with broad‐based support aimed at fostering consensus. Under the umbrella of the Niagara River Greenway, these entities can advance local and regional agendas for community livability, environmental sustainability, tourism and economic revitalization.
The Niagara River Greenway Plan (NRGP) establishes a uni ied vision and a set of principles for the Niagara River Greenway. It identi ies assets and resources that make up the Greenway. It sets priorities that suggest the types of activities to target in the near‐term. It identi ies potential funding sources, partnerships and linkages, and, in conjunction with the Metropolitan Planning Organization (MPO), addresses key transportation issues that affect the Greenway. The Plan also sets forth several high‐priority Implementation Concepts. These priority concepts further the NRGP goals and establish a framework of system‐wide approaches and strategies for Greenway development. These include:
Gateway Identi ication; Accessing, experiencing and connecting to the Niagara River; Protecting, preserving and restoring ecological resources;
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Inventory and Analysis
Linking destinations and special places – “Telling the Story”; and
Heritage tourism and economic revitalization.
To ensure that positive steps are taken toward the achievement of NRGP goals and high‐priority implementation concepts, the following measures are identi ied for evaluating actions proposed and undertaken to advance the Niagara River Greenway Plan:
Improved access to waterfront resources; Development of an integrated trail and park system; Restoration of the Niagara River ecosystem; Interpretation and education about the regions cultural, natural and historic resources; and Identi ied Gateway Areas Revitalization of urban centers.
The principles and goals for the NRGP represent the general values for guiding greenway planning toward achievement of the vision. The principles and goals are centered on promoting high‐quality, ecologically sensitive and sustainable activities and development. The goals are focused on improving access to the Niagara River, making connections between communities and illing gaps in the trail system, protecting and restoring environmental systems, celebrating Niawanda Park… the history and heritage of the region, sparking revitalization and renewal, promoting long term sustainability and extending the Frederick Law Olmsted legacy for future generations.
One high‐priority implementation concept recommends the establishment of gateways as entrances into the Greenway and as transitions from one side to the other through the Greenway. The Niagara River Greenway Plan identi ies Niawanda Park as a “Destination Gateway”; the Tonawanda Creek and Erie Con luence of the Canal and Ellicott Creek… Canal bridges as “Transition Gateways”; and the con luence of Tonawanda Creek and Ellicott Creek, the urbanized waterfront and prior revitalization efforts that were undertaken to increase activity and provide public open space as features that support the “Tonawanda’s Gateway Cluster”. Additionally, one of the mandates of the Niagara River Greenway legislation is to recommend how the Greenway can be linked to upland and interior communities in order to promote linkages to the River. The Plan recognizes that Tonawanda Creek/ Erie Canal and Ellicott Creek are interconnection points that offer Gateway Harbor... opportunities for both physical and conceptual linkages between the Greenway and the Buffalo Niagara region.
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Western Erie Canal Heritage Corridor Management Plan—May 2004
The Western Erie Canal Heritage Corridor is both a physical place and a framework for development. As a place, it is the section of the canal that runs through the ive westernmost counties along its route–Erie, Monroe, Niagara, Orleans and Wayne. As a framework, it provides an opportunity for bringing together a variety of initiatives and partners to protect the special characteristics of the canal, educate people about them, and utilize canal resources as the basis for economic development. The 136‐mile section of the canal that lows through western New York is distinguished as the location of monumental engineering successes that overcame challenges to the construction of the canal. The region includes the longest section of the canal that still follows the original route so that the string of canal villages, cities and hamlets retain their historic orientation to the canal. The historic impact of the canal reached far beyond its banks, enabling western New Yorkers to engage in long distance commerce. The Erie Canal carried goods, people and ideas across the State and beyond.
Because of its distinctive identity, the ive‐county region along the western Erie Canal was designated a New York State Heritage Corridor in 1999. At the same time, the New York State Legislature created an 18‐member planning commission to develop a heritage corridor management plan based on an investigation of the resources, conditions and needs in the region. The planning commission conducted a four‐year process of study, utilizing more than 300 public meetings, with a priority for listening to the perspectives of corridor residents and the needs of canal communities. The programs and initiatives that emerged from this process provide a means for engaging partners throughout the heritage corridor, enabling them to collaborate and coordinate their efforts among the focus areas of economic development, tourism and recreation, interpretation and education, and resource stewardship. The objectives of the Western Erie Canal Heritage Corridor Management Plan focus on creating a vibrant regional economy, enhancing regional quality of life, resource conservation, and increasing appreciation of natural and cultural heritage resources.
The planning commission recommended establishing a program called the Western Erie Canal Communities Compact to promote a regional alliance of heritage corridor municipalities. All municipalities in the corridor were encouraged to join the compact by voluntarily passing a resolution in support of the Compact Principles. These principles include:
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Inventory and Analysis
Connect with the canal ‐ make it a priority for planning efforts, and pursue policies that strengthen the community’s connection to the Erie Erie Canal ‐ An asset Canal, whenever possible. with many uses Conserve natural and cultural resources ‐ develop an ethic of stewardship in the community. The Erie Canal Coordinate and cooperate throughout the region ‐ complement the continues to be an efforts of other canal communities and partners in order to maximize important asset to the canal bene its for both residents and visitors. State, as well as to local Convey the signi icance of the corridor’s natural and cultural heritage ‐ communities. Today, pursue opportunities for education and interpretation in the barges aren’t as proli ic, community. but they are still seen at Cultivate canal‐oriented economic development projects ‐ strengthen times. Personal historic downtowns and/or establish new, mixed use canal harbors that watercraft (powered connect with the community. and non‐powered), school rowing teams, The proposals and concepts outlined in the management plan provide a clear and replica barges are framework for upgrading the status of all of the assets of the heritage corridor the primary users and enhancing their bene its for residents and visitors. The plan, when attracting recreational implemented, will result in signi icant economic impacts. The plan initiatives and tourism ventures. will provide increased private and public sector revenue and increased employment for the ive‐county region. These increases will be generated by spending from visitors coming from outside the region and by the ripple effect of administrative, programming and development initiatives associated with implementing the plan.
2008 Bicycle and Pedestrian Master Plan for Erie and Niagara Counties The 2008 Bicycle and Pedestrian Master Plan sets forth the vision for making bicycling and walking an integral part of daily life in the Buffalo and Erie/ Niagara region. This plan recommends projects, programs and policies for the next ten years to encourage use of these practical, non‐polluting and affordable modes of transportation. The plan looks at streets for cycling and walking, parking, transit connections, education and marketing (health promotion), law enforcement and implementation. The plan contains goals and objectives, with over 100 suggested actions that detail how to implement the objectives in realistic, meaningful and cost effective ways.
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The express purpose of the 2008 Bicycle and Pedestrian Master Plan is to
provide coordinated guidance for the implementation of a safe, ef icient and accessible transportation system designed for walking and bicycling. By reassessing goals and objectives from earlier versions of the plan, the 2008 Master Plan adjusts and reaf irms the regional vision for bicycling and pedestrian activities, including the establishment of interconnected bicycle and pedestrian networks for transportation. Such networks provide for focused treatments and sometimes separate facilities to promote walking and bicycling, and add a critical multi‐modal element to a transportation system often geared toward motor vehicle travel. It furthermore re lects current federal goals to increase the amount of local bicycling and walking, and to increase safety by reducing the number of accidents. The Master Plan serves as a framework for facility investments and assists in promoting mobility options, healthier lifestyles, reducing air pollutants, and decreasing traf ic congestion.
The 2008 Bicycle and Pedestrian Master Plan outlines objectives that include the adaptation of existing roadways to allow for safe and convenient bicycle travel, the incorporation of innovative designs to expand and enhance the regional bikeway network, making intersections bicycle and pedestrian friendly, and identifying and eliminating hazards to pedestrian and bicycle movement. The City’s goals align with this Plan and are aimed at maintaining multi‐use pathways along the Niagara River and Tonawanda Creek (Erie Canal), improving connections through the downtown, and addressing pedestrian and bicycle safety and mobility at key intersections throughout the LWRA.
2040 Metropolitan Transportation Plan (MTP) Update The 2040 MTP Update is primarily based on the 2035 Long‐Range Transportation Plan Update adopted in May 2010, and reaf irms key elements of that plan. The 2035 Plan acted as the multimodal blueprint for transportation systems and services and was aimed at meeting the transportation demands of existing and future development in Erie and Niagara County. The plan provided forecasts for the year 2035 for both population and employment. This update extends the planning horizon to the year 2040, which keeps our region in compliance with federal legislation and eligible for federal transportation dollars.
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Inventory and Analysis
While much of the 2035 Plan is unchanged, the 2040 MTP Update has
allowed for the incorporation of 2050 work accomplished to‐date, thus improving the consistency of the plans and evolving visions for the region. In addition to this, the demographics and traf ic conditions in the 2040 MTP re lect the most current data. Some key changes to the 2040 MTP are as follows:
Integration of One Region Forward Goals and Objectives, which guide the development and implementation of the Metropolitan Transportation Plan; 2040 demographic projections for population, households, and employment based on recently released 2010 US Census data; The snapshot of the interactive map above shows the TIP Update of inancial resources available to the region to implement the projects from the GBNRTC Metropolitan Transportation Plan projects based on new federal website highlighting the transportation legislation (MAP‐21) and current NYSDOT forecasted current projects in the City of apportionments; Tonawanda (2014) including: Updated status of signi icant planning studies and projects that could Niagara Street over Two Mile impact future transportation investments in the region; Creek Culvert Rehab Update on resource agency consultation and potential mitigation
activities; and Franklin Street at CSX Bridge rail improvements Revised Congestion Management and Systems Operations section.
Delaware Street Transportation Improvement Program, 2014‐2018 Reconstruction/Pedestrian The Transportation Improvement Program (TIP) is the capital Improvements programming component of the Long Range Transportation Plan that Tonawanda Rails to Trails outlines all federally‐funded roadway, transit, and major transportation Improvements projects being considered within the region through 2018. The TIP also includes those regionally signi icant transportation projects being advanced by State and local entities with non‐federal funding.
Buffalo Niagara 2050 The Greater Buffalo‐Niagara Regional Transportation Council (GBNRTC), in conjunction with community partners and regional stakeholders, is in the beginning stages of developing Buffalo Niagara 2050, the region’s next long range transportation plan. Buffalo Niagara 2050 will determine the way we commute, travel to work, connect to shopping and schools, and move throughout the region. It will take a fresh approach to solving present and
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future transportation challenges in the region and will focus on ways to
create a more ef icient, greener, smarter and sustainable transportation system for future generations.
Erie County Comprehensive Emergency Management Plan (CEMP) This plan was developed to enhance Erie County’s ability to manage emergency and disaster situations, with the focus on maximizing and adequately responding to such situations in order to minimize injury, speed recovery and protect public health and welfare. It consists of Video snapshot © WGRZ /Channel 2 News three components for: multi‐hazard disaster prevention and mitigation, disaster response, and disaster recovery. The CEMP de ines The County CEMP proved its roles and responsibilities in prevention, response, and recovery, worth and highlighted the including a detailed chain of command during an emergency. The plan bene it and value of proper places an emphasis on the role of local jurisdictions as irst‐line planning following the winter storm of November 2014. responders, but identi ies the key role that County departments play in County and local of icials were the process. The CEMP points out the importance of land use controls able to act as ef iciently as and development regulations in hazard‐prone areas (e.g., loodplain possible following the event as development) for disaster avoidance and minimization. a result.
Local Planning
City of Tonawanda Comprehensive Plan The City of Tonawanda adopted a Comprehensive Plan in 2002. Although some of the information in this plan has fallen out of date, the Plan still provides general guidance for managing land use in the community. The Comprehensive Plan recognizes that waterways form over 50 percent of the municipal boundary for the City, and that remarkable efforts were undertaken to restore areas along the Niagara River and Tonawanda Creek/Erie Canal for public use and recreation. The Plan identi ies certain assets and resources in the waterfront area, as well as proximity to Niagara Falls and Buffalo, and encourages capitalizing on waterfront areas, brown ields and development corridors for tourism and economic growth. The City Hall/Police Station and former water treatment plant property are identi ied as prime waterfront locations for future development in the plan.
The need to improve access for boaters and others (dockage, launch areas, ishing, viewing, etc.) along the banks of Ellicott Creek is highlighted,
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Inventory and Analysis
along with improvements on Ellicott Creek and Two‐Mile Creek to enhance
natural aesthetics. Coordination between North Tonawanda and the Town of Tonawanda is also encouraged to bring about improvements along the shoreline. The Plan indicates that continued access and trailway development is considered useful for boosting downtown business activity. The Plan lists comments for waterfront improvement that were gathered from the public and other stakeholders and includes a small number of implementation strategies for waterfront revitalization.
Stormwater Management Plan The City of Tonawanda is a member of the Western New York Stormwater Coalition. The Coalition developed a Stormwater Management Plan as a shared resource to help local municipalities comply with the NYSDEC General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4). This Plan, which was adapted for the City of Tonawanda, provides policy and management guidance, including minimum control measures and best management practices for Public Education and Outreach, Public Involvement and Participation, Illicit Discharge Detection and Elimination, Construction Site Runoff Control, Post‐Construction Stormwater management, and Pollution Prevention / Good Housekeeping for Municipal Operations. In support of this Plan, the City adopted a local ordinance for stormwater management (Chapter 52 of the City Charter).
2.3 Demographics
Population (Figure 2‐2)
Like many older irst ring suburbs in Erie County, the City of Tonawanda has experienced population decline. Since 1990, the City’s population has dropped from 17,284 to an estimated 15,130 in 2010. This represents a loss of 2,210 residents, or 12.46 percent. Put in context, during that same time Erie County’s population declined by 5.11 percent, the Town of Tonawanda’s by 10.94%, the Village of Kenmore’s by 10.23%, and City of North Tonawanda’s by 9.78%. The American Community Survey (ACS) estimates the City’s population at 15,074 during the period 2009‐2013; this indicates that the population decline in the City since 1990 has been decreasing and possibly stabilizing in the coming years. (It should be noted that the ACS is not an of icial count like the decennial every ten years, but a statistical survey based on a small percentage of the population each year.)
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It can also be seen in Figure 2‐2 that the population breakdown is slightly higher on the west side of the City, adjacent to the Town of Tonawanda. The two eastern‐most block groups are predominantly industrial/commercial in nature, hence the lower population igures.
Age Distribution
The age distribution of the City of Tonawanda indicates a demographic transition being experienced in many communities in the US. Speci ically, the population is aging and the number of children per family is decreasing. In Tonawanda’s case, the percent of the population that was of retirement age in 1990 was 14.5%. It increased to 16.8% in 2000 and dropped slightly to 16.6% in 2010. The percent of the population ages 0 to 17 was stable in 1990 and 2000 at 23.9%, but dropped to 19.3% in 2010. Age distribution in the City from 1990 to 2013 (estimated). School Enrollment
School enrollment for the Tonawanda City School District has declined since the 1996‐1997 school year (2,665 students). This is to be expected given the long‐term change in population and age distribution in the City. However, the District had an unexpected increase of 133 students in the 2014‐2015 school year (1,790 students), despite a ive‐year enrollment projection (Annual Enrollment Project Report, January 2014) that estimated declines in each subsequent year. The enrollment projection did not consider live births, and hence the population of women of prime fertility, generally considered to be 18 ‐34 years old. This data is important as that age group is the only one, male and female, to experience an overall population increase from 2000 to the period 2009‐2013, when it increased from 1,548 to 1,715. It may not be unreasonable to expect school enrollment could continue to grow, albeit slowly.
Housing Characteristics (Figure 2‐3)
The age of the housing stock in Tonawanda is typical of older, irst ring suburbs that experienced growth in the early to mid‐20th century where the median
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Inventory and Analysis
Figure 2‐2
Figure 2‐3
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year of construction for housing structures is 1950. The number of housing
units in the City has remained relatively unchanged, with 7,062 in 1990 and 7,141 in 2010. This is a direct result of limited opportunities for new development within the City as it is predominantly build‐out/developed.
The percent of housing units that are owner‐occupied has remained relatively stable. In 1990, 72.6% of all housing units were owner‐occupied; during the period 2009‐2013, that igure was estimated to be 71.5%. However, the vacancy rate increased from 3.1% in 1990 to 5.5% in 2010 and further increased to an estimated 6.96% in the period of 2009‐2013, a substantial jump from the 2010 rate.
Income (Figure 2‐4, 2‐5)
Income is a key factor and characteristic of a community. There are also multiple ways to measure and compare income data. Here we present two key measures of income: per capita income and median household income.
Per capita is simply the total income of the Per Capita Income* community divided by the number of residents. 1990 2000 2009-2013 Although per capita income has increased since City of Tonawanda $22,948 $26,268 $24,275 1990, this must be understood with further Town of Tonawanda $26,213 $29,007 $28,045 Village of Kenmore $25,170 $30,330 $27,853 explanation. First, per capita income is down from City of North the 2000 level, likely due to the better economic $23,076 $26,932 $27,778 Tonawanda conditions in the 1990s and the recession in the late Erie County $24,596 $28,460 $27,978 2000s/early 2010s. Second, despite the increase in * In 2013 dollars per capita income, there is a decline in overall income due to the decline in overall population. Median Household Income* Since per capita is the total income divided by the 1990 2000 2009-2013 number of residents, we can see/calculate that from City of Tonawanda $53,479 $52,459 $48,062 1990 to 2009‐2013, the total income in the City has Town of Tonawanda $56,566 $57,784 $53,667 declined from $396,633,232 ($22,948 * 17,284 Village of Kenmore $55,639 $59,070 $50,485 City of North residents) to $365,921,350 ($24,275 * 15,074 $53,648 $54,739 $45,967 Tonawanda residents) a net loss of $30,711,882. Erie County $50,798 $53,918 $50,653
* In 2013 dollars Median household income in Tonawanda also declined from 1990 to 2009‐2013, from $53,479 to $48,062. Again, this follows both a regional and national trend resulting from smaller household, delayed marriage, and increased divorce rates, among other factors.
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Inventory and Analysis
Figure 2‐4 2009‐2013
Figure 2‐5 2009‐2013
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Additionally, the poverty rate is a key indicator Poverty Rate
for a community. The poverty rate in the City has 1990 2000 2009-2013 increase signi icantly from 1990 to 2013, City of Tonawanda 6.46% 7.06% 12.42% jumping from 6.46% to 12.42%. Although Town of Tonawanda 4.98% 7.30% 10.05% poverty has increased overall in Erie County, the Village of Kenmore 5.21% 5.17% 7.16% 5.36 percentage point jump is greater than in its City of North 6.07% 7.16% 11.94% neighboring communities and pulls the City Tonawanda closer to the County rate. As shown in Figure 2‐5 Erie County 12.23% 12.18% 14.57% on the previous page, poverty rates are higher in block groups within the downtown core of the City and the more concentrated residential sections in the central section.
2.4 Existing Land and Water Uses
2.4.1 Existing Land Use (Map 2)
Land use along the waterfront in the City includes a mix of recreational, residential and commercial uses, with some industrial uses located east of the downtown. There are no agricultural uses in the LWRA. Parkland is plentiful in the LWRA, with ive City parks, as well as the eastern extent of a County‐ owned park, and three multi‐use trails that are located within this area. The land uses found in the LWRA are shown on Map 2 and described as follows.
Tonawanda. .. Images of our Community
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Inventory and Analysis
2.4.1.1 Western Section of LWRA –Two‐Mile Creek to Bouck Street The western section of the LWRA includes a mix of uses, which are generally described as follows. INSERT
MAP EDITORS
2 ‐ EXISTING
NOTE:
LAND Aerial photograph that generally illustrates the western section of the LWRA.
USE Parkland: There are three areas of parkland in the western section of the LWRA, these include Niawanda Park and the eastern end of Isle View Park that
stretch along the Niagara River Waterfront in this area. The Shoreline Trail extends along the waters edge through both of these parks. Veteran’s Memorial Park is situated on the south side of Niagara Street, across the street from Niawanda Park. The Two‐Mile Greenway Trail is located immediately west of Veteran’s Memorial Park, following the course of Two‐ Mile Creek. Fireman’s Park, which is also located on the west side of Two‐ Mile Creek, is owned by the Fireman’s’ Benevolent Association. In addition, Niagara Street is a designated segment of the NYS Great Lakes Seaway Trail system. The parks found in this area are described further in Section 2.5.4.
20 Section 2
Community Facilities: Tonawanda City Hall and the Police Department are located at the eastern end of Niawanda Park; a Police dock is located on behind City Hall at the River. Niagara Mohawk owns land at the south end of Two‐Mile Creek, at the LWRA boundary, that is a corridor for electrical transmission towers. The Erie County Water Authority has a large water storage tank located within Veteran’s Memorial Park.
Residential: Residential properties dominate the landscape on the south side of Niagara Street. The homes in this area are comprised of primarily one‐family, but also some two‐family units that are in stable condition. Residents in this area of bene it from their close proximity (walking distance) to the waterfront and Niawanda Park. The homes located along Niagara Street also enjoy scenic views of the Niagara River.
Commercial: There are a limited number of commercial properties in this area of the waterfront. They are located along the south side of Niagara Street. These include the Isle View Bar and Grill and Dick’s Cycling and Fitness (at Two‐Mile Creek Road). Dick’s sells and rents bicycles as for use on the local trails as well as providing repairs. Old Man River and Mississippi Mudd’s are well‐ established restaurants that cater to seasonal patrons of local parks and others. There is a small retail plaza and a collision shop at the intersection of Hinds Street and Niagara Street.
Industrial: There are no industrial uses in this area.
Vacant : There are no signi icant parcels of vacant land in this area.
2.4.1.2 Central Section of LWRA – Bouck Street to Young Street The area east of City Hall is developed with a mix of uses including, residential, retail and commercial, recreational and civic uses. These are generally described as follows.
Residential: The Niagara Shores residential townhouses are located along the waterfront, in the area where Tonawanda Creek meets the Niagara River. Additional housing
21
Inventory and Analysis is located between Bouck Street and Clinton Street, and south of Broad Street, around the downtown business district. Housing in this area is comprised of one and two‐family dwellings. There is also an 11‐story residential tower, located at the corner of Young Street and Main Street, which provides housing for senior citizens.
Aerial photograph that generally illustrates the central section of the LWRA.
Parkland: Recreational uses in this area of the LWRA include Gateway Harbor Park and Clinton Park. The Shoreline Trail also continues along the waterfront through this area and into Gateway Harbor Park, where it transitions to the Erie Canalway Trail and continues alonf trhe shoreline of the Erie Canl/Tonawanda Creek. There is a small public park area at “the point” where the Erie Canal/ Tonawanda Creek meets the Niagara River; here views of the Niagara River, Tonawanda Island, Little River and Tonawanda Creek can be enjoyed. Gateway Harbor Park includes public docking area for transient use (as described in Section 2.5.4). Clinton Park, which is located just south of the downtown, has the character of a “village green” with lawn, landscaping, public benches and a public gazebo in the center.
22 Section 2
Commercial/Retail:
This area of the LWRA includes a large portion of the City of Tonawanda downtown business district. This area includes numerous businesses, of ices, stores and restaurants. Of note is the Tops Supermarket, which is located immediately south of the Niagara Shores residential development. The Tops property has an extensive area of paved parking and a gas island. Other areas of parking exist throughout the area, including a large municipal parking lot located southwest of Young Street which is future location of the Intermodal Hub. The downtown business district has ample opportunities for revitalization.
Civic/Community Facilities: The City of Tonawanda Senior Citizen Center is located on Main Street, which offers a variety of special programs, instructional classes and other services and activities for persons 55 years of age and older. The Salvation Army has a large facility on Broad Street that offers worship services, and has a donation center, food pantry and other services. There are also several churches in this section of the LWRA.
Industrial: There are no industrial uses in this area.
Vacant: There are a limited number of vacant parcels in this area. In particular, the lands situated east of City Hall, are the location of the former water treatment plant facilities. There are also large areas of parking that offer opportunity for use.
2.4.1.3 Erie Barge Canal/Tonawanda Creek Section of LWRA The portion of the LWRA situated east of the downtown business district, along the Erie Barge Canal/Tonawanda Creek, contains a mixture of residential, recreational, commercial and industrial uses with a variety of older structures of varying physical condition. A part of this area is known as “Gastown” because of its historic association with Tonawanda Gas Light Company that originated in the area and manufactured combustible gas for cooking, heating and lighting in the late 19th and early 20th centuries. Over the years, this neighborhood has received rehabilitation assistance through the Community Development Block Grant program.
23
Inventory and Analysis
Aerial photograph that generally illustrates the Erie Canal/Tonawanda Creek section of the LWRA.
Recreational: The Tonawanda Creek wall transient docking facility and the Long Homestead (which is the oldest structure in the City) are located at the western end of this area, immediately east of Gateway Harbor Park and the mouth of Ellicott Creek. The Erie Canalway Trail and associated park extends along the full length of the shoreline through this area, from Gateway Harbor to the eastern City boundary. A large park, East Niagara Park, is centrally located in this area, on the south side of East Niagara Street, and is actively used for local sports activities. The Gastown Sportsman’s Club is also located in this area, and has large dock on the shoreline.
Industrial: This section of the LWRA includes two areas of industrial use. One area is located immediately east of the CSX railway corridor that crosses the Canal, and includes the site of the former Tonawanda Gas and Light manufactured gas plant. This property is a designated NYSDEC Superfund site and is currently undergoing remediation. The other industrial area is located east of Stark Street, and includes the 35‐acre Washington Mills property, as well as the
24 Section 2
former municipal land ill property. Niagara Mohawk also owns lands in the
area that support electrical transmission lines and a transmission station.
2.4.1.4 Ellicott Creek Section of LWRA The Ellicott Creek corridor is lined with a mix of land uses, including recreational, residential, commercial and municipal. The area between the East Niagara Street pedestrian bridge (at the creek mouth) and the Delaware Street Bridge is lined with publicly‐owned lands that include the extension of Gateway Harbor Park on the west side and the land surrounding the historic Long Homestead on the eastern shore.
Aerial photograph that generally illustrates the Ellicott Creek section of the LWRA.
Commercial uses dominate the western shoreline from the Delaware Street Bridge to the Fremont Street Bridge, including restaurants, retail and automotive uses. This area also contains the Anerald Boat Club and some private residences. The eastern shoreline along this stretch of the creek contains vacant industrial lands, the Inner Harbor Yacht Club and the City of Tonawanda Department of Public works facility, which has over 800 feet of frontage along the creek.
25
Inventory and Analysis
From the Fremont Street Bridge to the CSX railroad bridge crossing, the The waterfront has access for eastern shoreline is owned by Columbus McKinnon Corporation, which has many types of uses... 400 feet of frontage along the creek. The western shoreline contains commercial uses, including an automotive establishment, and private residential properties.
The Ellicott Creek shoreline, from the CSX railroad bridge crossing to Twin City Highway Bridges, includes some private residences along the southwestern shoreline and privately‐owned commercial property on the northeast side. Eastern Park is also located on the eastern side of Ellicott Creek, offering a kayak and canoe launch along the creek frontage.
From the Twin City Highway Bridge to the City boundary the shoreline on both sides of the creek is undeveloped; the City owns land on the north side along Vickers Street. Docks associated with private residences located on the upland side of Ellicott Creek Road are found in certain areas on the southern shoreline. Niagara Mohawk also owns land that supports electrical transmission line infrastructure.
2.4.2 Water Dependent and Water‐Enhanced Uses
The City of Tonawanda bene its from access to three active waterways that provide ample opportunities for surface water use, recreation and scenic viewing. These include the Niagara River, Erie Barge Canal/Tonawanda Creek, Two Mile Creek, and Ellicott Creek. These waterways support extensive recreational boating and ishing, as well as jet skiing, kayaking, canoeing and paddle boarding.
There are a number of water‐dependent uses in the City LWRA that require direct access to the shoreline. These uses are primarily recreational in nature, supporting the boating and other water‐based activities that occur in the area. These include:
Gateway Harbor Marina/Dock, at the con luence of Tonawanda Creek and Ellicott Creek; Tonawanda Creek wall public docking facility on Erie Barge Canal/ Tonawanda Creek; Gastown Sportsman’s Club on Erie Barge Canal/Tonawanda Creek (154 East Niagara Street);
26 Section 2
Water and Boat adventures on Ellicott Creek (11 Young Street)
Inner Harbor Yacht Club on Ellicott Creek (50 Fillmore Avenue); Anerald Boating Club on Ellicott Creek (137 Young Street); Eastern Park canoe and kayak launch on Ellicott Creek; Niawanda Park and boat launch on the Niagara River; Isle View Park boat launch and kayak launch areas on the Niagara River; and The City of Tonawanda dock for the Police Department’s Marine Unit on the Niagara River.
Shoreline ishing is enjoyed from private docks and properties located along Tonawanda Creek and Ellicott Creek, and from the shoreline and the handicapped‐accessible ishing dock in Niawanda Park on the Niagara River. There is also another accessible dock under the eastern end of the East Niagara Street pedestrian trestle bridge at Gateway Harbor.
Shoreline ishing from public docking areas in the Gateway Harbor corridor area and at the Niawanda Park boat launch is prohibited. However, ishing does occur in impromptu locations along Niawanda Park, Eastern Park, and in the vicinity of Vickers Street and Wales Avenue, provided there are no boats docked in the vicinity. Local waters are known to be popular locations to catch Largemouth and Smallmouth Bass, Rock Bass, Carp, Yellow Perch, Northern Pike, Crappie, Muskellunge, Sheepshead, and Walleye.
Water-enhanced uses along the waterfront include restaurants, parkland and residential dwellings. The restaurants and private residences located on the south side of Niagara Street enjoy scenic views of the Niagara River and easy access to Niawanda Park. City Hall is situated at the eastern end of Niawanda Park; this property has immediate access to the Shoreline Trail and views of the Niagara River.
East of City Hall, housing located around the point where Tonawanda Creek empties into the Niagara River also benefits from excellent views of the river and the creek. Restaurants located near the mouth of Ellicott Creek provide outside dining and viewing areas along the creek for patrons to enjoy. Additionally, the residences located along East Niagara Street have views of Tonawanda Creek; some also have private docks on the creek. Similarly, the rear yards of private residences located along Ellicott Creek extend to the edge of the creek, where numerous docks can be found.
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Inventory and Analysis
2.4.3 Abandoned, Underutilized and Deteriorated Sites and Structures (See Map 7, page 67)
The City of Tonawanda shoreline once contained commercial and industrial uses associated with the historic use of the Erie Canal. Over the years, the majority of these industrial uses were removed or converted to other uses in and around the downtown and along the Erie Barge Canal/Tonawanda Creek. Today, a large portion of the City of Tonawanda waterfront is actively used for recreation, particularly along the Niagara River.
The western end of the LWRA is primarily used for recreation and housing, with some commercial businesses along Niagara Street. There are no deteriorated or underutilized uses found in this area. There are a few other locations in the LWRA, however, where lands or the structures located on these lands, which are vacant, deteriorated or underutilized, including:
Areas east of City Hall, where water treatment facilities were formerly located as well as behind City Hall itself Tops Supermarket site has a large underutilized area that is underutilized for expanded commercial use; the gas facility is a limiting factor. Excess municipal parking in the vicinity of Walgreens, at Main and Young Streets City‐owned vacant industrial property at Delaware and Fillmore. Businesses along west side of Ellicott Creek – many automotive, some vacant areas, many deteriorated docks and boathouses along the Ellicott Creek shoreline. East end of City has underutilized industrial areas (Washington Mills) and former land ill. The inactive line (which is being converting to multi use trail further south) that runs immediately east of the CSX line, is owned by NFTA.
2.4.4 Public Access and Recreation (Map 3)
Within the City of Tonawanda LWRA, there are ive public parks, three recreational trails, docking and boat launch facilities, a ishing pier, a band shell, two public gazebos and a public pavilion. The parks and recreation facilities in the City’s waterfront area are described as follows. City of
28 Section 2
Tonawanda parks are regulated under Chapter 42 of the City
Charter – Parks and Recreation. Veterans Park boasts many assets such as playgrounds and many pavilions.
The ive parks in the City’s waterfront area each offer a different experience and variety of activities for passive and active use (see Map 3). Three of the ive parks are located along the shoreline. Additionally, Erie County operates Isle View Park along the Niagara River, a portion of which is located at the western end of the LWRA.
Veterans Memorial Park Veterans Memorial Park is located on the south side of Niagara Street, at the western end of the waterfront, adjacent to Two‐Mile Creek. Covering over 44 acres, this park offers two large and four smaller shelters for rental by residents and non‐residents, a large playground area, a sand volleyball court, horseshoe pits, shuf leboard courts, a disc golf course, barbeque grills, public restrooms and a veteran’s memorial. Ball ields for little league sports are also included in the park. This park offers scenic views of the Niagara River.
Niawanda Park Niawanda Park is located along the Niagara River waterfront and offers a variety of opportunities for passive recreation. The park Niawanda Park’s main attraction, besides extends from the mouth of Two‐Mile Creek to the City Hall the water, is the Shoreline Trail, as well as property. It includes a boat and jet ski launch facility with ive many places to enjoy the views of the water. lanes, a fully enclosed pavilion for private rental, a band shell, a handicapped accessible ishing pier, extensive areas of lawn and trees with picnic tables and benches, a public restroom and parking. Swimming is not permitted in the Niagara River. Niawanda Park is a popular location for events, gatherings and festivals. A central feature in Niawanda Park is the Shoreline Trail multi‐use pathway that extends through the full length of the park. The park and pathway offer excellent scenic views of the Niagara River and are open to the general public. Niawanda Park is actively used for walking, running, biking, picnicking, sunbathing, and other passive recreation throughout the year. Fishing is also undertaken from the shoreline and ishing dock, where anglers pursue Largemouth and Smallmouth Bass, Rock Bass, Blue Gill, Sheepshead,
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Inventory and Analysis
and Muskellunge, among other things. In the winter, the City does not have any
event programming in the park, but the hill at the corner of Gibson Street is used for sledding and the multi‐use trail is kept open (cleared of snow) for use.
Gateway Harbor Park Gateway Harbor Park is located at the intersection of Young Street and Main Street. The park is situated at the con luence of the Erie Barge Canal/Tonawanda Creek and Ellicott Creek and includes remnants of the original Erie Canal. It offers public boat docking, amphitheater/gathering space, historic interpretation and scenic viewing opportunities. This park provides excellent public access to the water and is a hub of activity in the downtown area of the waterfront. The upper portion of the park is handicapped accessible. Gateway Harbor Park is also the location where the Shoreline Trail Gateway Park, while much smaller, provides transitions to the Erie Canalway Trail. The Canalway Trail extends docking facilities and an amphitheater to watch east from the park, across the former East Niagara Street trestle bands across the Creek/Canal. bridge, to the Tonawanda Creek Dock and through the shoreline park that follows the Erie Barge Canal/Tonawanda Creek to the eastern City boundary. The trail system brings a steady low of pedestrians and bicyclists through the waterfront area.
Gateway Harbor Park extends under the East Niagara Street trestle bridge (which is closed to motor vehicles), along the southwestern shoreline of Ellicott Creek. The walkways and ramps that run under the bridge, on both sides of Ellicott Creek, provide pedestrian connections between the Canal and Creek PUBLIC
EDITORS and opportunities for public viewing and shoreline ishing. There is a INSERT
RECREATION handicapped ishing area located below the bridge on the east side of the creek. Anglers are known to catch Blue Gill, Carp, Rock Bass, Northern Pike, and Small and Largemouth Bass, among other ish, in this area. The Gateway Harbor dock
ACCESS area on Ellicott Creek is also the location of Water and Boat Adventures, where
MAP
local residents and visitors can rent kayaks, water bikes, paddle boards and NOTE: small boats for use on the Erie Barge Canal/Tonawanda Creek and Ellicott
Creek. 3
‐
& East Niagara Park
East Niagara Park, also referred to as the East Athletic Field, is located on the south side of East Niagara Street in the eastern portion of the waterfront. This 11‐acre +/‐ park includes two ball ields, a football ield, a basketball court, a playground, public restrooms and parking. The park is actively used for local
30 Section 2
sports activities. Although located across the street from the Erie Barge Canal/
Tonawanda Creek, there is no physical or visual access to this waterway. Access to the Canalway Trail, however, is readily available.
Eastern Park Eastern Park is located off of Fillmore Avenue, near Twin City Highway, and provides access to Ellicott Creek. This park offers a large picnic shelter with 14 picnic tables, a volleyball area, horseshoe pits, a playground and public restrooms. It also includes a sloped car top launch for kayaks and canoes on the shoreline of the creek. There is parking for six cars with approximately 150 feet of portage to the creek.
Isle View Park Isle View Park is owned and operated by Erie County. This park extends 1.2 miles along the Niagara River Shoreline in the Town of Tonawanda, but the eastern extent of the park is located in the City of Tonawanda LWRA. Isle View Park offers a boat launch ramp, boat dock and kayak launch, and is actively used for boating, picnicking, ishing and passive recreation. The Shoreline Trail multi‐use pathway extends through the full length of Isle View Park, continuing on through Niawanda Park
Public Gazebos The City of Tonawanda has two public gazebos that are available for public use and private rental. One is located behind City Hall and has visual access to the Niagara River. The other is located south of the downtown, in Clinton Park.
Shoreline Trail The Shoreline Trail is a multi‐modal recreational pathway that starts on the Outer Harbor, at the eastern terminus of Lake Erie in the City of Buffalo, and extends along the Niagara River to Gateway Harbor Park in the City of Tonawanda. This trail is Extending along the Niagara River, the Shoreline actively used by bicyclists, roller bladers, and pedestrians Trail goes through Niawanda Park to Gateway throughout the year. There is a small park with benches that is Harbor Park and on to the Erie Canalway Trail. located along the trail, at the “Point” where it turns south from (Top) Two Mile Creek Trail begins in the Town of Tonawanda and connects the Town to the the Niagara River into the mouth of Tonawanda Creek (Erie Niagara River. (Bottom) Barge Canal). The section of the Shoreline Trail that extends along the waterfront in the LWRA is maintained by the City
31
Inventory and Analysis
Views of the
Shoreline are in Isle View park at the western end of the waterfront
Views of Gateway Harbor Park showing boat docking area, / Public space and the East Niagara Street Pedestrian Bridge
Views of East Niagara Park showing the playfield and proximity to the Erie Barge Canal/ Tonawanda Creek
View of Eastern Park and the kayak/canoe launch on the Ellicott Creek shoreline
32 Section 2
Department of Parks and Recreation. The eastern extent of the trail is routed
away from the shoreline and into city streets, where it is leads to Gateway Harbor Park.
Two‐Mile Greenway Trail Two‐Mile Greenway Trail extends along the eastern side of Two‐Mile Creek, between the Shoreline Trail in Niawanda Park and East Park Drive (near the I‐ 290 in the Town of Tonawanda). Much of the area between the trail and the creek is thickly vegetated with trees and shrubs, offering limited visual and physical access to the Two‐Mile Creek. Views of the creek are available as you move south along the trail, in the vicinity of Fletcher Street. This trail is maintained by the City Department of Parks and Recreation.
Erie Canalway Trail The Erie Canalway Trail is a network of approximately 300 miles of multi-use trails across New York State. This trail follows the towpaths of both active and historic sections of the New York State Bridge Canal System. A portion of this trail is located in the City of Tonawanda, extending along the southern shoreline of the Erie Barge Canal/Tonawanda Creek, from Gateway Harbor Park to the eastern City boundary, and beyond. This trail is paved and accommodates bicyclists and pedestrians alike. The shoreline property that surrounds the trail is designated and maintained as parkland by the City Department of Parks and Recreation. It The Erie Canalway Trail extends east from contains trees and lawn, as well as benches and wayfinding Tonawanda along the length of the New York State signage for trail users. Bridge Canal System
2.4.5 Public and Underwater Land Ownership (Map 4)
EDITORS INSERT PUBLIC The City of Tonawanda owns a number of properties that are located within the LWRA. These include municipal parkland, other municipal facilities, a small number of vacant commercial properties (which are used for municipal parking) and three industrial properties.
MAP LANDS
NOTE: Public lands owned by the City of Tonawanda include:
4
Veterans Memorial Park (located at the western end of Niagara Street) ‐
Niawanda Park (which has frontage along the Niagara River) City Hall property (200 Niagara Street)
33 . C i t y o f N o r t h
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Inventory and Analysis
Gateway Park and Marina (with frontage along Tonawanda Creek and
Ellicott Creek) Long Homestead (located east of Gateway Park along Tonawanda Creek) City Highway Garage and Department of Public Works facility (with about 790 feet of frontage along Ellicott Creek), includes Recreation Dept. and salt shed Canalway trail property along Tonawanda Creek, east of Gateway Park East Niagara Park (250 East Niagara Street) Eastern Park (which has frontage on Ellicott Creek) Former municipal land ill property (with frontage on Wales Avenue near the eastern City boundary) Vacant land on Ellicott Creek Road A narrow parcel on Fillmore Avenue (which has frontage on Ellicott Creek) Fillmore Avenue pump station
Additionally, the City of Tonawanda owns a 0.93 acre property northeast of City Hall on Niagara Shores Drive This is the location of the former municipal water treatment plant facilities. Erie County owns a one‐acre parcel along the Niagara River, at the western end of the waterfront, which is a portion of Isle View Park. The Niagara Frontier Transportation Authority owns a 1.29‐acre property on East Niagara Street. Additionally, Niagara Mohawk owns land in four separate locations in the LWRA that supports electrical transmission lines and a transmission substation.
Public Trust Doctrine New York, upon attaining Statehood, succeeded the King of England in ownership of all lands within the State not already granted away, including all rights and title to the navigable waters and the soil under them (Public Lands Law, Section 4; People v. Trinity Church, 22 N.Y. 44, 1860; Langdon v. Mayor, 93 N.Y. 129, 1883). Broadly speaking, the State holds title to all underwater lands not otherwise conveyed away by patents or grants. The State holds title to these tidelands and submerged lands in its sovereign capacity in trust for the use and enjoyment of the public under the Public Trust Doctrine (People v. Steeplechase Park Co., 218 N.Y. 459, 1916; Appleby v. City of New York, 271 US364, 1926; Coxe v. State, 144 N.Y. 396, 1895). This legal doctrine emerged from the ancient concept that the sovereign had the right of way, an "incorporeal hereditament", to all navigable streams and waterways; the underlying theory being the protection of the public interest in isheries and navigation.
34 Section 2
State title to the public foreshore and submerged lands, and the power of disposition, is incident and part of its sovereignty, which cannot be surrendered, alienated or delegated, except for some public purpose or some reasonable use for the public bene it, and without impairing public rights in the remaining lands and water. Inherent in the nature of public trust lands is that they support diversi ied and important ecosystems without which many public rights, including ishing, swimming and the like, would be impossible to enjoy. The public interest demands the preservation and conservation of this vital natural resource against pollution, overuse, destruction and infringement by others, whether public or private.
It is in the public interest that State and other governmental ownership of public trust lands be maintained and, when possible, recovered from private ownership. Where full public ownership no longer exists, the application of the Public Trust Doctrine requires that any remaining rights of the public to use such lands should be preserved and protected for present and future enjoyment.
Occupation of public trust lands by riparian owners for purposes of gaining access to navigable waters should be undertaken in a reasonable manner that does not unnecessarily interfere with the public's right of passage upon, the use of the waters overlying such lands, and other public trust purposes. Considerations of public safety, resource protection and the need for access at a given location may be utilized as factors in determining the level and types of access to be provided. Public use of publicly‐owned underwater lands and lands immediately adjacent to the shore shall be discouraged only where such use would be inappropriate for reasons of public safety, military security, or the protection of coastal resources.
Underwater Land Ownership Ownership of Lakes Erie and Ontario, within the territorial limits of New York State, and all submerged lands, including the subsurface lying under the lakes and the Niagara River, is held in trust for the people of the State of New York under the jurisdiction of the Of ice of General Services, unless ownership has been granted to any other person or entity. Structures, including ill located in, on or above State‐owned lands underwater are regulated pursuant to the Public Lands Law and may require authorization from the State. The beds of the Great Lakes and the Niagara River are subject to private ownership only for special
35
Inventory and Analysis purposes. The boundary line between State ownership of the lakebed or riverbed and ownership of the adjacent upland is the low water mark. The New York State Canal Corporation has jurisdiction of the Erie Canal and its underwater lands and intermediate shoreline.
State‐owned underwater lands in the Niagara River are managed by the New York State Of ice of General Services Bureau of Land Management (OGS). The OGS issues grants, leases, easements and other interests for use of these underwater lands. They also investigate encroachments on littoral rights (the right of an upland owner to access the navigable waters of the lakes or river) and make sure there is no interference with navigable channels. The OGS reviews NYSDEC and Army Corps of Engineers comments for proposed projects that affect State‐owned bottom lands to ensure that the bene its of the public will not be deprived and that the environment will not be adversely impacted. The OGS strives to achieve satisfaction on the part of all parties involved prior to the issuance of an interest (grant, lease or easement) for the use of underwater lands.
The State Of ice of General Services is the agency responsible for issuing underwater land grants, leases and easements, and for other interests for docks and associated marine‐related structures that are placed on State‐owned underwater lands. In the case of the City of Tonawanda, the OGS is an authorizing agency for the use of underwater lands for docks or similar structures proposed along the Niagara River. The construction of any commercial dock or any private, non‐commercial dock that exceeds 4,000 square feet in area size (including the perimeter) would require the granting of an interest (a grant or easement) from the OGS. Non‐commercial structures that are less than 4,000 square feet in size (as measured from the outermost perimeter and including the surface area of the water contained within), less than 15 feet in height, and have a capacity of ive or fewer boats, would not need an interest. Prior to the installation of off shore docking facilities or other structures requiring the use of bottom lands, con irmation of the land grants should be cleared with the OGS.
OGS Underwater Land Grants and Leases Over the years, a number of underwater land grants have been issued by the State along the shoreline of the Niagara River and at the mouth of Tonawanda Creek in the City of Tonawanda. These grants were issued for the express purpose of either commerce or bene icial enjoyment. Grants issued for
36 Section 2
commerce were given to shorefront businesses for more restricted activities
and were usually written with conditions. If the conditions were not followed, the State could bring an action to declare the grant void and thereby recover ownership, per Section 78 of the Public Lands Law. Bene icial enjoyment grants were given to shorefront property owners without restriction and provided more complete title to the underwater lands. In either case, the grantee was given full ownership rights to the bottom lands. Grants for commerce were issued in the early to mid 1800's, and then the issuance of grants for bene icial enjoyment became more commonplace. Around 1890, the State began to restrict the grants issued for bene icial enjoyment, as well. Furthermore, in making grants of underwater lands, the State could also impose conditions on the use of these lands.
Water grant index maps were acquired from the NYS Of ice of General Services (OGS) Bureau of Land Management for the City of Tonawanda waterfront area. Figures 2‐6 and 2‐7 on the following page indicate that a number of underwater land grants were issued in the area, primarily during the mid to late 1800's and early 1900's. Approximately 15 grants were issued along the shoreline between 1882 and 1936 for commerce, and two grants were issued in 1893 and 1936, respectively, for bene icial enjoyment. All but one of these underwater land grants involved nearshore areas located seaward of the strip of land that fell between the Erie Canal and the Niagara River. One grant was located at the mouth of the Tonawanda Creek shoreline. These offshore areas were likely used for the installation of docks or other offshore loading structures, including illed areas, in conjunction with use of the Erie Canal.
Based on discussions with Richard Scott from the NYSOGS Bureau of Land Management in August of 2015, the interest in underwater lands is attached to either the new upland property that is created through ill activity or to the coterminous upland property. As ownership of the land changes hands, the interest in the underwater land moves with the title to that land. For private property, because the interest in the underwater lands is attached to the title, there is no need for the State to reconvey the lands to the new landowner. Therefore, underwater land ownership has been transferred, over the years, to the present day owners of the upland properties. The underwater land grants that were issued along the Niagara River, offshore of Niawanda Park, would now be owned by the City of Tonawanda.
37
Inventory and Analysis
More clear images pending...
Figure 2‐6 (top): Niagara River Shoreline Water Grants | Figure 2‐7 (bottom): Niagara Shore Drive area Water Grants
38 Section 2
NYS Canal Corporation Jurisdiction
The existing docks located along the Erie Barge Canal/Tonawanda Creek shoreline in the City are regulated by the New York State Canal Corporation, whose jurisdiction extends to Main Street/Webster Street; OGS no has jurisdiction beyond that point (K. Kerns, NYS Canal Corporation, September 2015). The Canal Corporation has operational jurisdiction in Ellicott Creek, up to the Twin City Highway Bridge, but they do not regulate docks or land use along the creek corridor.
Section 100 of the New York State Canal Law authorizes the State Canal Corporation to issue revocable permits granting limited privileges for use of Canal lands or waters without detriment to Canal navigation or damage to the banks or other structures thereof. Standards for Docks on the Canal System (see Appendix **) control the placement and design of dock structures. Dock design must be approved by the Division Canal Engineer. Under no circumstances can a dock interfere with Canal navigation by either physically impeding navigation or obstructing the vision of boaters traveling on the Canal. Only one dock is permitted per residential property owner. Docks for more than one boat will be treated as a commercial installation. Commercial docks or residential structures that exceed standard requirements are reviewed on a case by case basis. In general, docks cannot be designed for more than four vessels or exceed 40 feet in length. Docks can only be covered by a roof (no walls) and boat houses are prohibited. Boats houses that existed prior to adoption of the regulations are grandfathered under the law. They can be continued and maintained within their existing footprint only; they cannot be enlarged. Any docking structure that is designed to accommodate more than four boats or that is more than 100 feet long is subject to SEQR review. EDITORS INSERT
2.4.6 Zoning and Other Land Use Regulations (Map 5) ZONING
Within the City of Tonawanda, land use is regulated by the Zoning Ordinance
MAP
(Chapter 82 of the Tonawanda Code of Ordinances). Zoning in the waterfront NOTE: area includes ive classi ications: R‐1 Residential, R‐2 Residential, C‐M General
Commercial, C‐2 Commercial District and M‐1 Light Industrial District. Existing 5
zoning along the waterfront is depicted on Map 5. Zoning regulations include ‐
provisions for site plan review, home occupations, cluster and planned unit development and signage. The Zoning Ordinance establishes height and bulk
39 Legend
Single Family Residential General Residential District Residential Restricted District Neighborhood Shopping District Neighborhood Shopping District (2) Central Retail District General Commercial Services District Spaulding Commerce Park District Light Industrial Manufacturing District TBD
DraftDraft ZoningZoning MapMap
Inventory and Analysis regulations, site plan speci ications, development standards, required improvements, and penalties.
The zoning classi ications in the LWRA allow the following uses:
R‐1 Single Family Residential District ‐ This district allows one‐family dwellings with private garages, churches and similar places of worship, public and private schools, and ire stations without club facilities. Accessory uses permitted in an R‐1 district include servants quarters; home occupations with restrictions (of ices or studios for medical or dental use, lawyers, engineers, architects, accountants and other professionals, teachers or a single‐operator beauty shop); greenhouses or other buildings for private horticultural use; off‐street parking; swimming pools; and other customary uses and structures.
R‐2 General Residential District – The R‐2 district allows two‐family dwellings, multi‐family and group dwellings, rooming or boarding houses, and attached townhouses with restrictions. Permitted accessory uses include those uses permitted in an R ‐1 district.
R‐C Residential – Restricted Business District – This commercial district allows any principal or accessory uses permitted in the R‐2 District, as well as a host of business and commercial uses including, telephone exchanges, real estate and insurance of ices, mortuaries, studios (art, dance, music or photography), opticians and optometrists, nursery and pre‐school facilities, ire stations with club facilities, meeting rooms for private clubs or fraternal organizations, hospitals, and other administrative, professional or executive of ices that do not sell, manufacture or store their goods or merchandise on the premises. Uses allowed by special permit in this district include medical of ices and clinics, nursing and convalescent homes, and non‐pro it institutions for charity, religious, cultural or community social purposes, provided that they are used primarily for the treatment of contagious diseases, mental illness or drug and alcohol abuse. Other permitted accessory uses include restaurants associated with club, lodge or fraternal organizations, club swimming pools, or antique shops enclosed in a building as a home occupation.
40 Section 2
C‐2 Central Retail District –
This commercial district allows principal and accessory uses permitted in the C‐1 District, as well as larger retail establishments, full service restaurants, indoor theaters, hotels and motels, banks and other inancial institutions, general appliance repair, and custom printing shops. Accessory uses also include shops for the manufacture or processing of articles incidental to the subject business conducted on the premises (with restrictions), warehousing for the permitted principal use, and other customary accessory uses and structures.
C‐M General Commercial Services – This district allows any principal or accessory structure that is permitted in the C‐2 District, as well as new and/or used motor vehicle sales and service; gasoline service station, with restrictions; camp trailer, house trailer, boat or marine sales or service, with restrictions; motor vehicle parts sales and service; drive‐in restaurant, but not on a lot where a side lot line abuts any R district boundary; monument sales establishments with incidental order processing conducted within a completely enclosed building, but not including the shaping of headstones; laundry or dry cleaning plants; custom shops, including but not limited to printing, electrical, heating, plumbing or woodworking shops; amusement enterprises conducted within a completely enclosed building; beverage distributors; commercial greenhouses or nurseries; rapid and self‐service carwashes, with restrictions; and railway or bus passenger terminals. The following uses are permitted in the C‐M District, provided they are conducted within a completely enclosed building or within an area enclosed by a solid fence or wall not less than seven feet and not more than ten feet in height; public garages, not including motor vehicles wrecking or the storage of such vehicles which are not eligible for New York State motor vehicle inspection stickers; warehouses or distributor’s depots, not including a truck terminal; building materials storage, including the production of incidental millwork; auction sales centers; animal hospital or kennel located at least 100 feet from any residential district boundary; secondhand stores; and machine tool sales, rental or service.
C‐M General Commercial Services – This district allows any principal or accessory structure that is permitted in the C‐2 District, as well as new and/or used motor vehicle sales and
41
Inventory and Analysis
service; gasoline service station, with restrictions; camp trailer, house
trailer, boat or marine sales or service, with restrictions; motor vehicle parts sales and service; drive‐in restaurant, but not on a lot where a side lot line abuts any R district boundary; monument sales establishments with incidental order processing conducted within a completely enclosed building, but not including the shaping of headstones; laundry or dry cleaning plants; custom shops, including but not limited to printing, electrical, heating, plumbing or woodworking shops; amusement enterprises conducted within a completely enclosed building; beverage distributors; commercial greenhouses or nurseries; rapid and self‐service carwashes, with restrictions; and railway or bus passenger terminals. The following uses are permitted in the C‐M District, provided they are conducted within a completely enclosed building or within an area enclosed by a solid fence or wall not less than seven feet and not more than ten feet in height: public garages, not including motor vehicle wrecking or the storage of such vehicles which are not eligible for New York state motor vehicle inspection stickers; warehouses or distributor's depots, not including a truck terminal; building materials storage, including the production of incidental millwork; auction sales centers; animal hospital or kennel located at least 100 feet from any residential district boundary; secondhand stores; and machine tool sales, rental or service.
M‐1 Manufacturing District – Principal uses allowed in this district include uses and structures permitted in the C‐2 District (with the exception of dwellings unless identi ied as a non‐conforming use), as well as the manufacturing of concrete products or batching plants; public or privately operated incinerators; open storage of lumber, coal or contractor's equipment and material; railroad freight and classi ication yard; welding shop; boiler maker or foundry; bag cleaning establishment; truck terminal, including any premises for long distance freight hauling or where any tractor‐trailer combination or automobile conveyor is parked, loaded or unloaded; establishments for the storage, sorting or baling of wastepaper or rags; metal plating works, electrolytic or hot‐dip process plants; planning or woodworking mills; adult uses; and any other trade, industry or use that is not a menace to public health, a nuisance in law or fact; or noxious or offensive by reason of odor, dust, smoke, gas, and/or unusual, continuing and vexatious noises.
42 Section 2
Western Section of LWRA –Two-Mile Creek to Bouck Street Much of land located on the south side of Niagara Street is zoned for residential use (R‐1 Single‐Family and R‐2 General Residential). The upper portion of the Two‐Mile Greenway Trail and the surrounding lands, and the western end of Niawanda Park is also zoned R‐1 Single‐Family Residential. The remaining area in Niawanda Park as well as City Hall is zoned R‐2 General Residential. Isle View Park, the lower portion of the Two‐Mile Greenway Trail and the Fireman’s Park facility are zoned M‐1 Manufacturing, although few manufacturing uses exist. The small commercial shopping center at the corner of Hinds Street and Niagara Street, and the properties located on the south side of Niagara Street, between Franklin and Kohler Streets, are zoned R‐C Residential – Restricted Business, which also includes Mississippi Mudd’s and Old Man River.
Central Section of LWRA –Bouck Street to Young Street The central portion of the LWRA, which encompasses part of the downtown business district, is zoned with a mix of classi ication. The western portion of this area and the townhouses along Niagara Shores Drive are zoned R‐2 General Residential, re lecting the stable housing that exists in these areas. The area east of Clinton Street, which includes the central business district, is zoned R‐C Residential‐Restrict Business and C‐2 General Retail. As noted in Section 2.5.1, this area contains a large number of commercial and retail businesses, of ices and community service uses. Gateway Harbor Park is also zoned C‐2 General Retail.
Erie Barge Canal/Tonawanda Creek Section of LWRA The lands along the Erie Barge Canal/Tonawanda Creek are zoned primarily R‐ 2 General Residential or M‐1 Manufacturing. The Tonawanda Creek Wall and Canalway Trail and parklands, extending east to the Twin City Highway Bridges, are zoned R‐2. Beyond this point the shoreline parklands are zoned M ‐1. The Gastown residential neighborhood and the residential area east of Carney Street, south of East Niagara Street, are zoned R‐2. East Niagara Park is located in this area, and also zoned R‐2. The lands that fall between these residential areas, as well as the Washington Mills property and the municipal land ill, are zoned M‐1.
43
Inventory and Analysis
Ellicott Creek Section of LWRA
The lands located between Young Street and Ellicott Creek are zoned R‐C Residential – Restricted Commercial, including the area situated southeast of the CSX railroad corridor and bridge crossing. The lands located at the extreme southwestern end of Ellicott Creek are part of a large residential development and are zoned R‐1 Single‐Family Residential, including the shoreline properties. The area on the east side of Ellicott Creek is zoned entirely M‐1 Manufacturing. There are a number of manufacturing uses in this area. The City’s Department of Public Works facility is located here and is zoned M‐1, as is the Long Homestead property, the Inner Harbor Yacht Club and Eastern Park.
Other ordinances and regulations in the City of Tonawanda that affect land and water use activities in the LWRA include:
Chapter 14 – Buildings and Building Regulations, which governs building construction and site development; Chapter 26 – Environment, which regulates abandoned and junk vehicles, outlines provision for SEQR review and compliance, and regulates noise; Chapter 34 – Floods, which regulates looding and lood damage prevention; Chapter 42 – Parks and Recreation, which regulates parks City owned parks; Chapter 50 – Solid Waste – which controls the dumping, storage, collection and disposal of refuse in the Town; Chapter 52 –Stormwater Management – which establishes minimum stormwater management requirements and controls; Chapter 58 – Subdivisions, which regulates the design, review and approval of the subdivision of real property; Chapter 66 – Utilities, which regulates public water systems, storm sewers and sanitary sewers and sewage disposal; Chapter 70 – Vegetation, which regulates trees in public places and establishes provisions to control excessive growth of weeds and grass that can constitute a nuisance; and Chapter 78 – Waterways, which outlines regulations for boating and the public use of docks at the Gateway Harbor Corridor and in Niawanda Park.
44 Section 2
2.5 Surface Water Uses, Navigation and Harbor Fishing and Jet Skiing are popular Management activities on the Niagara River Pleasure boats, kayaks and canoes are The City of Tonawanda is in luenced has and has been shaped by the a more common sight on the Erie waterways that border or low through the community. These Barge Canal and Ellicott Creek. include the Niagara River, the Erie Barge Canal/Tonawanda Creek, Ellicott Creek and Two‐Mile Creek. All of these waterways are navigable, except Two‐Mile Creek, and are actively used for recreational boating, ishing and other activities.
2.5.1 Vessel Use and Navigation
Niagara River Vessel use along the Niagara River waterfront in the City of Tonawanda is limited to pleasure craft, which are used for recreational boating and ishing; jet skis are also a popular craft in these waters. Although the river supports commercial navigation, there are no docking facilities located along the Niagara River waterfront in the LWRA for recreational or commercial vessels and no support facilities for the commercial ishing industry. Barges do occasionally navigate the River. The only exception is a small dock that is utilized by the City of Tonawanda Police Department’s Marine Unit, which is located on the shoreline behind City Hall.
Niagara River waters provide ishing opportunities for largemouth and smallmouth bass, blue gill, carp, crappie, muskellunge, northern pike and sheepshead, among other species of ish. Swimming is not permitted in the Niagara River, including Niawanda Park and Isle View Park. Divers also frequent the Niagara River.
There is a federally‐designated commercial navigation channel that extends through the central portion of the Niagara River, from the City of Buffalo to Niagara Falls. Known as the Niagara River Channel, this navigation channel is dredged to a minimum depth of 21 feet throughout the area. According to the National Oceanic and Atmospheric Administration (NOAA) Navigation Chart (No. 14832 – Figure 2.7), depths up to 27 feet are reached as close as 200 feet from the shoreline, re lecting the relatively deep natural character of the
45
Inventory and Analysis
river in this area. Nearshore depths are less extreme. The channel is
maintained by the U.S. Army Corps. of Engineers to facilitate safe passage for commercial and recreational boat traf ic. The Corps. conducts surveys to determine when the channel may need maintenance dredging. The Niagara River Channel was last dredged through the Tonawanda LWRA in August of 2008. Navigation on the river is guided by standards aids, including buoys and beacons.
Figure 2‐8: Part of NOAA Navigation Chart No. 14832
While in most places the near‐shore bottom is sandy, the river bottom is predominately mud and silt. The NOAA Navigation Chart shows no underwater obstructions (shipwrecks, submerged pilings and cribs, etc.). There is a pipeline that extends into the river from the southeastern shoreline. This pipeline was associated with the former municipal water treatment plant that was located on the upland.
Erie Barge Canal (Tonawanda Creek) The Erie Barge Canal is part of the New York State Canal system and extends 338 miles across the State. From Pendleton to Tonawanda, the Canal was completed within the course of Tonawanda Creek, where the channel was widened and deepened to an average depth of 12 feet. The minimum width of the channel for boating is 60 feet, with many sections of the Canal much wider. This waterway is actively used for recreational boating and ishing throughout the navigation season, with anglers known to catch blue gill, carp, crappie, rock bass, and largemouth and smallmouth bass. The New York Canal Corporation closes and drains the Canal channel at the end of each season through a lock
46 Section 2
that was installed at Pendleton. When the lock is open in summer, the Niagara
River lows in and ills the barge canal corridor all the way to Lockport, New York. When closed, Tonawanda Creek completes its normal low to the Niagara River.
Pursuant to the NYS Law (21 NYCRR Sub‐chapter D, Parts 150‐156), all activities on the Erie Barge Canal are regulated by the New York State Canal Corporation. Certain Statewide boating regulations are in force along the Canal, including speed limitations, requirements for the use of personal lotation devices and vessel waste treatment and disposal restrictions. Every boat, vessel, raft or other loating apparatus that is navigated on the Canal must be in good operating condition. The vessel speed limit in the Tonawanda LWRA is 5 miles per hour. The New York State Police and the Marine Division of the Erie County Sheriff’s Department are the agencies responsible for enforcing these regulations. In the event of a violation, Canal personnel will contact one of these agencies to launch a patrol boat in response to the call.
The City of Tonawanda Police Department's Marine Division provides law enforcement on the sections of Tonawanda Creek that fall outside the boundaries of the Erie Barge Canal (Canal Corporation jurisdiction stops at Main/Webster Street), but are also available to assist with emergencies on other waterways in the area. The Tonawanda Fire Department also provides rescue and recovery assistance, as needed.
The Marine Division unit consists of four specially trained of icers who are certi ied in marine operations and 12 members of the Tonawanda Police Underwater Recovery Team. The Marine Unit Navigational aids along Tonawanda maintains a 27‐foot SAFE boat, which is kept at a dock behind City Creek. Hall, and a 16‐foot dive team trailer. Police boats also tie up to Tonawanda wall the dock located seaward of the Harbormasters Of ice on the Erie Barge Canal/Tonawanda Creek (as noted in Section 2.5.2). There are no locks or lift bridges along the section of the Canal that lows through Tonawanda. Aids to navigation on the Canal system conform to the U.S. Coast Guard standards and are the same as what is used on the Niagara River. Green and red beacons can be found along the north and south shorelines between the CSX railroad bridge crossing and the Twin City Bridges, and also east of these Navigational beacons guide boats beneath local bridges bridges. Red and green lights are also mounted on the ixed bridge
47
Inventory and Analysis
crossings. There are no NOAA navigation charts available between mile 222
and 337 of the Erie Canal (which includes Tonawanda). For these waterway reaches, mapping is posted in the Canal Corporation Cruising Guide, which is published by the NYS Canal Corporation.
There are six ixed bridges that extend across the Erie Canal/Tonawanda Creek (Figure 2‐9). The charts on the following page (Figure 2‐10/11) display information on bridge height, water surface elevation and the width of the channel at each bridge crossing. Minimum bridge clearance is 15.5 feet. The Normal Water Surface Elevation is the height above sea level at which a canal segment is typically maintained. The Normal Overhead Clearance is the height distance between this water surface and the bottom of a structure crossing over the waterway. During high storm water lows, the water surface elevation can be higher, but never higher than the Maximum Water Surface Elevation. As the minimum clearance of the ixed overhead bridges ranges between 15.5 and 24 feet, sailboats navigating the Canal must step down (remove) their masts prior to entering the waterway.
Figure 2‐9: Fixed Bridges on the Erie Canal/ Tonawanda Creek
Ellicott Creek A major tributary of Tonawanda Creek, 47‐mile‐long Ellicott Creek lows northwest from the Town of Darien, in the southwest corner of Genesee County, to the City of Tonawanda. Ellicott Creek joins Tonawanda Creek about a half mile above its mouth at the Niagara River. Ellicott creek supports a variety of ish and wildlife, including blue gill, northern pike, bass, bullhead, carp, muskellunge and trout, and is a popular location for ishing from pleasure boats and shoreline docks. Ellicott Creek is also regularly used for canoeing, kayaking and paddle boarding. Turtles and various species of birds and mammals are common
48 Section 2
along the creek. The creek has an average width of 60 feet and depth of
approximately eight feet. Figure 2‐10 contains information on channel width, average water depth and bridge height at each bridge crossing on the Canal. The City of Tonawanda Police Department's Marine Division enforces navigation regulations on Ellicott Creek.
NORMAL Figure 2‐10: MAXIMUM OVERHEAD CHANNEL WATER NORMAL CANAL OVERHEAD BRIDGE WATER CLEARANCE Erie Canal bridge WIDTH SURFACE OVERHEAD MILE STRUCTURE SURFACE AT MAXIMUM clearance data ELEVA‐ CLEARANCE ELEVATION ELEVATION (NYS Canal Corp., TION August 2015) Bridge E‐244A, Twin City Highway 337.55 75 feet 565.22 20.0 feet 570.00 15.22 feet (SR 425) NB Bridge E‐244B, Twin City Highway 337.57 75 feet 565.22 20.0 feet 570.00 15.22 feet (SR 425) SB 338.14 Bridge E‐246, CSXT railroad crossing 80 feet 565.50 20.0 feet 570.00 15.55 feet
338.31 Bridge E‐247, Delaware Street (SR 200 feet 565.50 19.2 feet 570.00 14.71 feet
338.44 Bridge E‐248, Main/Webster Street 115 feet 565.50 20.0 feet 570.00 15.50 feet
338.54 Bridge E‐249, Seymour Street (SR 150 feet 565.50 24.0 feet 570.00 19.50 feet
CREEK‐ CHANNEL AVERAGE OVERHEAD Figure 2‐11: OVERHEAD BRIDGE STRUCTURE MILE WIDTH DEPTH CLEARANCE Ellicott Creek bridge clearance 0.03 East Niagara Street Pedestrian Bridge 60 feet 8 feet 18.0 feet data (NYS Canal Corp., August 2015) 0.14 Delaware Street (SR 384) 60 feet 7 feet 11.0 feet 0.44 Fremont Street 60 feet 7 feet 11.0 feet 0.66 CSX Railroad Bridge 60 feet 8 feet 24.6 feet 0.69 Railroad Bridge (unutilized) 45 feet 8 feet 16.8 feet
0.96 Twin City Highway (SR 425) SB 60 feet 8 feet 25.6 feet
0.98 Twin City Highway (SR 425) NB 60 feet 8 feet 25.6 feet
49
Inventory and Analysis
2.5.2 Marinas, Docks and Bulkheads
There is one large marina/docking area and one yacht club located within the LWRA. There are two public boat launch ramps available at municipal parks, including Niawanda Park and Isle View Park. Isle View Park and Eastern Park offer car top launch areas for kayaks, canoes and other non‐motorized vessels.
Within the LWRA, there are a limited number of public docks and numerous private docking facilities. In addition to Gateway Harbor, there is a ishing dock at Niawanda Park and a dock at the east end of Isle View Park that is used for boat tie up, as well as ishing. As noted in Section 2.4.4, Gateway Harbor Park includes a public docking area that extends along the shoreline of the park and the southern shoreline of the Erie Barge Canal/Tonawanda Creek, from the Renaissance Bridge at Main Street to the Delaware Street overpass, and along the west shore of Ellicott Creek, at the mouth of the creek. This entire area, known as the Gateway Harbor Corridor, represents the last port on the western end of the Erie Canal and is the largest docking facility on the entire canal system.
Boat docking at Gateway Harbor Boat launches at Niawanda Park Kayak/small boat launches at and Erie Canal/ Tonawanda Creek and Isle View Park Eastern Park and Isle View park
50 Section 2
The Gateway Harbor corridor includes additional public docking that continues
along the Canal shoreline, from the Delaware Street overpass to the CSX railing crossing. This area is commonly referred to as the Tonawanda Creek wall. This entire docking facility has cleat tie ups for pleasure boats and can accommodate vessels over 40 feet in length. The docking area along the shoreline of Gateway Harbor Park and the Tonawanda Creek wall provides water and electric service. Boaters who use the docks must register with the Harbormaster. Overnight docking at the Gateway Harbor Corridor requires a permit from the Harbormaster. This area is also a popular location for “rafting”, where up to two additional boats will tie up with a vessel that is docked along the Erie Barge Canal/Tonawanda Creek shoreline. Rafted vessels cannot interfere with the 60‐foot wide navigation. There is also a small dock located on the Niagara River, behind City Hall, that is used by the City of Tonawanda Police Marine Unit.
Views of summer boating activity along the “Tonawanda Creek Wall” transient dock, east of Gateway Harbor Park.
Photos of police docking area, harbormaster’s of ice, historic Long Homestead and the vessel waste pump out facility
The City of Tonawanda regulates the use of public docking facilities at Gateway Harbor, Ellicott Creek, the Tonawanda wall and Niawanda Park pursuant to Chapter 78 of the City Charter – Waterways. All boats entering the Gateway
51
Inventory and Analysis
Aerial views of the Inner Harbor Yacht Club showing shoreline docking area and upland dry dock storage.
Harbor corridor fall under the jurisdiction of Article 1 of located on the Erie Barge Canal/Tonawanda Creek and Ellicott Creek. Article 2 regulates use and activities at public docking facilities on the Erie Barge Canal and Ellicott Creek, at Niawanda Park and the seawall on Tonawanda Creek (from the Niagara River to the Renaissance Bridge at Main Street). Chapter 78 prohibits shoreline ishing and swimming, wading or tubing ( loats) at public docking facilities regulated by the City.
Furthermore, the discharge of sanitary wastewater, garbage, oil, sludge or other refuse matter from any boat, vessel or other conveyance using public docks is strictly prohibited. Vessel waste is to be properly disposed of at the City’s public, self service pump out facility, which is located at the west end of the Tonawanda wall, seaward of the Harbormaster’s of ice.
The Tonawandas’ Harbormaster’s of ice is located west of the foot of the Delaware Street Bridge, at the western end of the Tonawanda Creek wall. The blue dock area in front of the Harbormaster’s of ice is reserved for police boats. As previously noted, the public vessel waste pump out facility located in this area. A minimal fee is charged for the use of this facility. The Harbormaster’s of ice building provides services for registered boaters including public restrooms, showers, laundry facilities, ice and novelties.
52 Section 2
The Inner Harbor Yacht Club is located on the eastern shoreline of Ellicott
Creek. This private club offers dry dock storage, a boat lift, slips for up to 45 vessels (depending on their size), and other marine services for members at their Fillmore Avenue location.
There are a number of private docks found along the shoreline of the Erie Barge Canal/Tonawanda Creek (east of the Tonawanda Wall) and along Ellicott Creek that enable residents to utilize the creeks, as well as the Niagara River, for recreational boating and ishing. These docks are associated with private residential properties on the upland. There are also a limited number of boathouses Ellicott Creek.
A few of these boathouse structures are in deteriorated condition. Docks constructed along Ellicott Creek are regulated by the City of Tonawanda. The NYS Canal Corporation enforces guidelines governing the construction of docks along the Erie Barge Canal, as set forth in the Standards for Docks on the Canal System publication (see Appendix **). According to NYS Canal Law Section 156, the use or occupation of lands owned by the Canal Corporation requires a revocable use permit. The permit gives the property owner the right of exclusive access across the canal lands to canal waters. Residences and camps that wish to gain access to canal waters must pay an annual fee for the permit.
This type of permit is restricted to upland owners and includes only lands between the upland residence or campsite and the canal waters. The permitted area cannot exceed one acre in size and cannot contain any building improvements. An additional annual fee is charged for erecting and/or maintaining a dock, ramp, slip or loat within the canal waters. Permit fees for the use of canal lands and facilities not in conjunction with a private residence or camp are based on the fair market value of the property and the use of the permitted area, including, but not limited to, the placement of docks, ramps, slips and loats.
53
Inventory and Analysis
2.6 Natural Resources (Map 6)
2.6.1 Water Resources
Four (4) primary water bodies exist within the LWRP boundary.
Niagara River ‐ Part of Lake Erie, the Niagara River is a designated Coastal Waterbody under the State’s Local Waterfront Revitalization Program. It lows south to north, towards Niagara Falls. The River forms the northwesterly border of the City, and the boundary between the City of Tonawanda and Grand Island.
Tonawanda Creek ‐ A major tributary watershed to the Niagara River, with 90 miles in length and a drainage basin of nearly 650 square miles. It is designated an Inland Waterways under the State’s Local Waterfront Revitalization Program. It forms the northeasterly border of the City, and the boundary between the City and the Town of North Tonawanda.
Ellicott Creek ‐ With an approximate length of 45 miles, is Ellicott Creek tributary to Tonawanda Creek, before lowing into the Niagara River. Ellicott Creek, running east to west, splits a portion of the City from its connected mainland.
Two Mile Creek ‐ Located near the westerly border of the City, this creek lows south to north from the Town of Tonawanda and discharges to the Niagara River.
According to the Upstate New York Groundwater Management Program report of the NYSDEC, there are no Primary or Principal Aquifers underlying the Tonawanda LWRA. There are also no reported Unconsolidated Aquifers in the area.
2.6.2 Wetlands and Habitats
Wetlands (swamps, marshes and similar areas) are areas saturated by surface or ground water suf icient to support distinctive vegetation adapted for life in saturated soil conditions. Wetlands serve as natural habitat for many species of plants and animals and absorb the forces of lood and tidal erosion to prevent loss of upland soils.
54 Section 2
The United States Fish and Wildlife Service National Wetlands Inventory indicates numerous areas within the City as wetlands, including permanently looded waterbodies such as the Niagara River, Tonawanda Creek, and Ellicott Creek. These have speci ic classi ication codes of “R2UBH”:
“R” (Riverine system). The Riverine System includes all wetlands and deep‐water habitats contained in natural or arti icial channels periodically or continuously containing lowing water or that forms a connecting link between the two bodies of standing water. Upland islands or Palustrine wetlands may occur in the channel, but they are NATURAL not part of the Riverine System. EDITORS “2” (Lower Perennial subsystem). This Subsystem is characterized by a INSERT low gradient and slow water velocity. There is no tidal in luence, and some water lows throughout the year. The substrate consists mainly of sand and mud. The loodplain is well developed. Oxygen de icits may
RESOURCES
sometimes occur. MAP
“UB” (Unconsolidated Bottom class). This Class includes all wetlands NOTE: and deepwater habitats with at least 25% cover of particles smaller
than stones (less than 6‐7 cm), and a vegetative cover less than 30%. 6
“H” ( Permanently Flooded). This is a modi ier water regimen and ‐ indicates that water covers the land surface throughout the year in all years.
A small portion of Ellicott Creek, at the connection to Tonawanda Creek, has a Classi ication Code of “R2UBHx”. The Creek has a Special Modi ier “x” (Excavated) indicating that it lies within a basin or channel that has been dug, gouged, blasted, or suctioned through arti icial means by man.
Two Mile Creek has three (3) fresh water wetland areas. One area, a 1.68 acre “PEM1A” Freshwater Emergent Wetland, is inland from the River, located south of Mitchell Drive. Two other areas, a smaller 1.06 acre “PEM1A” Freshwater Emergent Wetland closer to the River, and a 4.15 acre “PFO1A” Freshwater Forested/Shrub Wetland, are closer to Niagara Street, east of Veterans Park.
“P” (Paulustrine System). The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, emergents, mosses
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Inventory and Analysis
or lichens, and all such wetlands that occur in tidal areas where
salinity due to ocean derived salts is below 0.5 ppt. Wetlands lacking such vegetation are also included if they exhibit all of the following characteristics: 1. are less than 8 hectares ( 20 acres ); 2. do not have an active wave‐formed or bedrock shoreline feature; 3. have at low water a depth less than 2 meters (6.6 feet) in the deepest part of the basin; 4. have a salinity due to ocean‐derived salts of less than 0.5 ppt.
“EM” (Emergent Class). The Emergent class is characterized by erect, rooted, herbaceous hydrophytes, excluding mosses and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. The “1” stands for the Subclass “Persistent”. This subclass is dominated by species that normally remain standing at least until the beginning of the next growing season. This subclass is found only in the Estuarine and Palustrine systems.
“FO” (Forested Class). This is characterized by woody vegetation that is 6 m tall or taller. In the “FO” Class, the “1” is for the Subclass “Broad‐Leafed Deciduous”. Woody angiosperms (trees or shrubs) with relatively wide, lat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
“A” (Temporary Flooded). This is a modi ier water regimen that indicates that surface water is present for brief periods during growing season, but the water table usually lies well below the soil surface for most of the growing season. Plants that grow both in uplands and wetlands may be characteristic of this water regime.
The land area around the former City of Tonawanda municipal land ill, at the easterly end of the LWRA, also has a DEC‐regulated 24.67 acre “PFO1Ed” Freshwater Forested/Shrub Wetland” that crosses the border into the Town of Tonawanda. A 0.42 acre “PFO1Ed” Freshwater Forested/Shrub Wetland”, a 0.96 acre “PUBFx” Freshwater Pond, and a 0.39 acre “PUSCx” unclassi ied wetland are located in this same area, closer to the LWRA boundary, near Wales Ave.
56 Section 2
“FO” (Forested Class). This is characterized by woody vegetation that is
6 m tall or taller.
“1” (Broad‐Leafed Deciduous subclass). Woody angiosperms (trees or shrubs) with relatively wide, lat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra).
“E” (Seasonal Flooded/Saturated). This is a modi ier water regimen where surface water is present for extended periods especially early in the growing season and when surface water is absent, substrate remains saturated near the surface for much of the growing season.
The “d” is a Special Modi ier for “Partially Drained/Ditch”. A partially drained wetland has been hydrologically altered but soil moisture is suf icient to support some hydrophytes. Totally drained areas are not considered wetland if they can no longer support hydrophytes. This modi ier has also been used to indicate wetlands connected by extensive ditch networks. The “d” modi ier can be applied to wetlands with ditch or drain networks or wetlands adjacent to the ditches even if the ditch is too small to be included in the delineations. Large ditches that may be delineated as separate features should have the “x” modi ier applied to the ditch itself and the “d” modi ier applied to the wetland area.
“F” (Semipermanently Flooded). This is another modi ier water regimen where surface water persists throughout the growing season in most years. When surface water is absent, the water table is usually at or very near the land's surface.
“US” (Unconsolidated Shore class). This includes all wetland habitats having two characteristics: (1) unconsolidated substrates with less than 75 percent areal cover of stones, boulders or bedrock and; (2) less than 30 percent areal cover of vegetation. Landforms such as beaches, bars, and lats are included in the Unconsolidated Shore class.
“C” (Seasonally Flooded). A modi ier water regimen where surface water is present for extended periods especially early in the growing season, but is absent by the end of the growing season in most years.
57
Inventory and Analysis
The water table after looding ceases is variable, extending from
saturated to the surface to a water table well below the ground surface.
There are additional areas of wetlands, outside the borders of the LWRP, as indicated on the National Wetlands Inventory.
According to the New York State Department of State, Of ice of Planning and Development, there are no State Designated Signi icant Coastal Fish or Wildlife Habitats on land or water within the City’s LWRA. A “Rating Form”, which would indicate endangered, threatened, or special concern species that reside in this area, has not been completed for this portion of the Niagara River, or for Tonawanda, Ellicott, or Two Mile Creeks.
The portion of the Niagara River in the City reportedly had some rare animals and/or rare plants. The Blackchin Shiner, a rare ish, was previously observed in the river. Also, migratory waterfowl use this area each winter as in luenced by the extent of ice cover. Shallow sections serve as major feeding locations. Ellicott and Tonawanda Creeks have records of the presence of Stiff‐Leaf Goldenrod (scienti ic name Oligoneuron rigidum var. rigidum) which is a rare plant, formerly or currently considered “Threatened” and Protected by New York State.
2.6.2.1 Invasive Species
Invasive species have been identi ied as second only to habitat destruction as a cause of the decline of global biodiversity. A number of aquatic invasive species are a threat to the ecological integrity of the Niagara River watershed, which includes the creek corridors in the City of Tonawanda LWRA. They cause or contribute to habitat degradation and loss; the disruption of natural ecological processes; the loss of native ish, wildlife and tree species; and the loss of recreational opportunities and
Although we may think of them as income. “cattails” these plants are actually Phragmites, or common reeds. While they are wetland plants and contribute to the Common Invasive Species Found in the Niagara River Watershed: habitat, the European subspecies are considered invasive as they outcompete native vegetation, lowering plant diversity Zebra and Quagga Mussels (Invertebrates) and decreasing wetland areas with their Round Goby (Fish) dense growth. Spiny Water Flea (Crustacean)
58 Section 2
Eurasian Water‐Milfoil (Aquatic Plant)
Curly Leaf Pondweed (Aquatic Plant) Water Chestnut (Aquatic Plant) Hydrilla (Aquatic Plant) Non‐native Cattails (Plant) Common Reed/Phragmites Australis (Plant) Purple Loosestrife (Plant) Japanese Knotweed (Plant) Mugwort (Plant) Shallow‐wort (Plant)
The movement of species occurs naturally through migration patterns, from climatic events, and by other environmental factors. Natural movement of species outside of their natural range happens infrequently and occurs over the course of many years. Humans, however, have greatly contributed to the movement of species, primarily through economic and social activities. In recent years, technological advancements, accelerated participation in world trade, and recreational activities have accelerated the pace of intentional and unintentional movement of species (see Table 2‐**). Many species are introduced to new ecosystems, sometimes with disastrous results.
Monitoring aquatic ecosystems is critical to preventing, detecting, and reducing the spread and impact of aquatic invasive species that threaten waters in the Niagara River watershed. Educating landowners as to the proper control and eradication of invasive plant species is a critical part of maintaining watershed health. Identifying and removing invasive species is a vital aspect of restoring ecological health. Early detection and response is critical for the effective control of invasive species. Another important, and often overlooked component, is the proper disposal of invasive plants. If not disposed of properly they will only contribute to the spread of new infestations.
Once established in a new environment, invasive species are often dif icult and expensive to eradicate. Although control efforts may be ineffective and costly, they are sometimes necessary in order to minimize or eliminate the invasive species’ impact on the environment. Complete eradication of invasive plants may be desirable; however, this is not always feasible.
59
Inventory and Analysis
Pathways of Introduction and Description of Pathway Species Examples Spread Shipping Large ocean‐going vessels with ballast capability (i.e., Zebra and Quagga commercial vessels, naval and cruise ships) operating in Mussels, Spiny the Great Lakes and St. Lawrence River basin. Carried and Water Flea, Round released in ballast water or attached to hull. Goby, Purple Loosestrife Recreational and Includes all watercraft (e.g., powerboats, personal Zebra and Quagga Commercial watercraft, yachts, canoes and loat planes) and associated Mussels, Eurasian Boating equipment (e.g., trailers and ishing equipment). Organisms Water‐Milfoil, Curly can become attached to watercraft and the equipment and Leaf Pondweed, be transported between waterbodies. For example, Spiny Water Flea, vegetation can be tangled in boat motors, mussels can be Common Reed attached to boat hulls or live wells, and bilge water can (Phragmites), contain plants, animals and micro‐organisms Water Chestnut Movement of Live Use of live or dead organisms (minnows, worms, leeches, Round Goby and Bait insect larvae) to catch ish. Live bait ish or organisms Rock Bass unintentionally harvested (parasites, plant fragments, and other non‐target organisms) that are released from bait buckets into a waterbody, which is illegal, in waters they did not originate from can lead to the introduction of new species. Even dead bait may carry other organisms. Aquarium and The intentional release or unintentional escape of Koi, Gold ish, Water Garden organisms such as ish, plants, invertebrates, amphibians Fanwort, Purple Trade and reptiles that are used either indoors as aquarium pets Loosestrife and or outdoors as elements of water gardens. Aquarium pets Common Reed may be released by the public into waterways when they (Phragmites), outgrow an aquarium or are no longer wanted. The Chinese Mystery contents of an aquarium emptied into a waterway Snail, Water introduces aquarium animals, as well as any plants or Chestnut microorganisms it contained. Organisms released into the wild may survive and reproduce. Plants can spread to new areas through lood events or if discarded into a waterway at the end of the season. Canals and Water Arti icial connections are built for transport and for water Sea Lamprey, Diversions diversion between watersheds and within watersheds. Hydrilla This provides an unnatural pathway for organisms to travel between waterbodies.
Figure 2‐12: Pathways for the Introduction and Spread of Aquatic Invasive Species (Ontario Ministry of Natural Resource’s Aquatic Invasive Species Program)
60 Section 2
Controlling existing populations and preventing their spread in the City of
Tonawanda LWRA is a more practical and attainable goal. There are three methods of control: mechanical, biological, and chemical. Control methods and timelines for treatment vary for each species. Therefore, consultation with the NYSDEC, the Western New York Partnership for Regional Invasive Species Management (PRISM – www.wnyprism.org), or Buffalo Niagara Riverkeeper is recommended.
Canada geese are a valuable natural resource that provides recreation and enjoyment to bird watchers, hunters, and the general public throughout New York State. However, in recent years, locks of local‐nesting or "resident" geese have become year‐round inhabitants of the parks and waterways in the Tonawanda LWRA and, too often, they cause signi icant problems. Expanses of short grass, abundant water resources, lack of natural predators, restricted hunting, and supplemental feeding have created an explosion in the number of resident geese. While most people ind a few geese acceptable, problems develop as local locks are growing. Problems include over‐grazed lawn areas, accumulations of droppings and feathers on play areas and walkways, nutrient loading to surface waters, public health concerns, aggressive behavior by nesting birds, and safety hazards near roads and multi‐use trails.
All Canada geese, including resident locks, are protected by Federal and State laws and regulations. In New York, management responsibility for Canada geese is shared by the U.S. Fish and Wildlife Service (USFWS), U.S. Department of Agriculture (USDA), and the NYSDEC. It is illegal to hunt, kill, sell, purchase, or possess migratory birds or their parts (feathers, nests, eggs, etc.) except as permitted by regulations adopted by USFWS and NYSDEC. The circumstances when federal or state permits are needed to address a problem with Canada geese can be complex; however, general guidelines include:
No federal or state permits are needed to scare, herd, or chase away geese by any means, including dogs or noisemakers, as long as no birds are physically harmed. If you only want to destroy goose nests or treat the eggs with corn oil (or puncturing) to prevent hatching, simply visit the USFWS's Resident Canada Goose Nest and Egg Online Registration Site. You do not need any special authorization or permit from the NYSDEC. If you are a manager of a park facility or drinking water supply, and you
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want permission for the lethal removal of geese between April 1 and
August 31, you do not need a federal permit, but written authorization from the NYSDEC is required. In most other situations, including areas where geese are a general nuisance (parks, golf courses, residential or commercial properties, etc.), or to kill geese at other times of the year, you need a speci ic Federal permit. DEC generally does not allow relocation of geese with or without a permit.
Residents should be discouraged from feeding geese for the following reasons:
When geese are fed by the public they have no hesitation of approaching people who may be afraid of them. Feeding goslings may cause “angel wing” which is a deformity of the wing caused by rapid growth of feathers as result of a high protein diet (bread, corn) Feeding geese causes the geese to congregate in the feeding area, which then increases the nuisance level in that area and causes geese to become aggressive as they ight over food. Feeding bread, corn or other “treats” may keep them from migrating.
The City of Tonawanda should implement a program to help educate local residents and visitors to local parks on the detriments of feeding wildlife. This program should also include means for discouraging the congregation and nesting of Canada geese. Techniques could include posting signs, modifying habitat and/or adopting regulations that prohibits feeding wildlife, among other things.
2.6.3 Topography and Soils
2.6.3.1 Topography
The topography of the City generally slopes from south to north, towards the Niagara River waterway. The lowest elevations are near the water’s edge, at an approximate elevation of 570 feet above mean sea level (MSL). The higher elevations are found inland, at the westerly portion of the City, in the vicinity of Hinds Street, Fletcher Street, Rogers Avenue, and Hackett Drive. The highest elevations are approximately 620 feet above MSL.
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2.6.3.2 Soils
The predominant soil in the LWRA is characterized as Urban Land. The various soil “complexes” are unclassi ied as a Hydrologic Soil Group, but are previously disturbed non‐native soils and are considered ill material.
A portion of the soil that is classi ied includes Cayuga silt loams (Cf), Swormville clay loam (Sw), and Wayland soils (Wd). The predominant Hydrological Soil Group of these soils is Type D, which typically has a very slow in iltration rate (high runoff potential) when thoroughly wet. These consist chie ly of clays that have a high shrink‐swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission.
2.6.4 Flooding and Erosion
The Federal Emergency Management Agency (FEMA) developed a series of Flood Insurance Rate Maps (FIRM) for the City of Tonawanda. The City, which is Community Number 360259, is covered by three Panels: 0043G (which is the westerly portion of the City), 0044G (which is the central portion of the City), and 0063G (which is the easterly portion of the City). The FIRM maps delineate the inal lood hazard boundaries, based upon the degree to which an area is susceptible to lood damage, providing the basis for the implementation of the regular program phase of the National Flood Insurance Program within the City. The FIRM maps for Tonawanda were updated, effective September 26, 2008.
As shown on Map 6, the Niagara River, the northerly border of the City, is classi ied as Flood Zone AE. This zone extends through Niawanda Park, but does not cross Niagara Street. The border extends behind City Hall. It appears that one residence and a portion of Niagara Shore Drive is included in this Flood Zone. The Flood Zone AE is a special lood hazard area subject to inundation by the 1% annual chance lood. The 1% annual lood (100‐year lood), also known as the base lood, is the lood that has a 1% chance of being equaled or exceeded in any given year. The base lood elevations are determined to be 571 feet above MSL near the westerly portion of the City and 570 feet above MSL behind City Hall.
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Inventory and Analysis
Tonawanda and Ellicott Creeks are classi ied as “Floodways” in Zone AE. Slightly different than a normal Zone AE, the loodway is the channel of a stream plus any adjacent loodplain areas that must be kept free of encroachment so that the 1% annual chance lood can be carried without substantial increases in lood heights. The Limit of Floodway begins at the junction of the Niagara River. The base lood elevations are determined to be 570 feet above MSL at the Limit of Floodway, to 571 feet above MSL upstream of both Creeks, towards the Town of Tonawanda.
The outlet of Two Mile Creek is at the Niagara River. Besides the portion that is classi ied as Zone AE, the remainder of Two Mile Creek is not in the 100‐year lood zone.
The majority of the City, and nearly all residential areas, are in Flood Zone X, which is classi ied as areas determined to be outside the 0.2% annual chance loodplain. A portion at the easterly edge of the City, north and east of Twin Cities Memorial Highway, is considered Other Flood Areas Zone X, which is classi ied as “Areas of 0.2% annual chance lood; areas of 1% annual chance lood with average depths of less than one foot or with damage areas less than one square mile; and areas protected by levees from 1% annual chance lood.”
Flood Damage Prevention is covered in Article 2, of Chapter 34 of the City Code. This Code is designed to promote the public health, safety and general welfare, and to minimize public and private losses due to lood conditions in speci ic areas, as designated on the Flood Insurance Rate Maps. Within the regulatory loodplain, Floodplain Development Permits are required for certain construction activities within the Regulated Floodway and Special Flood Hazard Area.
In addition, the City recognizes that stream corridors play an important role in drainage, looding, and erosion control. It is recommended that the City establish additional buffer zones along the waterways to help minimize looding and erosion.
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2.6.5 Erosion Protection
Various forms of shoreline protection are in place along much of the Niagara River and portions of the Erie Barge Canal/ Tonawanda Creek and Ellicott Creek to protect the shoreline from erosion. Shoreline protection structures include corrugated metal sheet piling, wood pilings, stone rip rap or concrete rubble and concrete seawalls, depending on the location. The restricted vessel speed limit on the Erie Barge Canal/Tonawanda Creek and Ellicott Creek helps to control deterioration along the shoreline from wave action. Therefore, there is not a lot of erosion control protection installed along these waterways. More intensive erosion protection is found along the Niagara River and along the mouth of Tonawanda Creek.
The construction and modi ication of erosion protection Shoreline protection along Niawanda Park / structures along the Niagara River requires review and Lower reach of the Erie Canal‐Tonawanda approval from the U.S. Army Corps. of Engineers, as well as the Creek. NYSDEC. Structures along the Erie Canal are regulated by the NYS Canal Corporation. Structures along Ellicott Creek are regulated by the City of Tonawanda.
On the Niagara River, where a combination of forces (wind, wave action and current) impacts the shoreline, erosion protection structures are comprised primarily of stone rip rap and concrete rubble. Corrugated metal sheet pilings are utilized at the boat launch ramps in Isle View and Niawanda Parks and around the length of the Niagara Shores residential development (at the mouth of Tonawanda Creek). This sheet piling extends along the shoreline to the general location of the old railroad swing bridge that remains in the center of Tonawanda Creek. The remnants of the bridge abutment exist along the southern shoreline, where wood pilings and pieces of the stone foundation are failing. If –properly restored, this area has the potential to provide public access for ishing or Remnants of the swing bridge abutment / public viewing. shoreline protection near the foot of the Renaissance Bridge (Main St.).
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Inventory and Analysis
While shoreline hardening (use of stone rip rap and rubble) may
provide temporary relief from erosion in areas subjected to intense storms and wave action or current, structural measures (concrete walls or sheet piling) are expensive to install, degrade shoreline habitat, interrupt natural shoreline processes and may act to transfer erosion problems to adjacent areas. Alternative shoreline management techniques exist and should be considered for use as a irst or next step for erosion protection in problem area, whenever possible. Examples of alternative measures for protecting the shoreline include bioengineering techniques and planted buffers that utilize deep rooted vegetation. These alternative solutions can result in a more naturalized shoreline, which has ecological and aesthetic bene its. Hard structural erosion protection measures should only be used as a last alternative, where there is a documented erosion problem and where alternative measures have been proven to be inadequate to protect the principal use. Views of the shoreline along the Erie Canal/ Tonawanda Creek, illustrating limited use of erosion protection. Shoreline protection along the Erie Barge Canal/Tonawanda Creek is found primarily in the vicinity of the Gateway Harbor Corridor, where boat docking facilities are provided. The shoreline of Gateway Harbor Park is hardened with concrete seawalls that extend under the East Niagara Street pedestrian bridge and into the mouth of Ellicott Creek. These structures were installed in this area primarily to provide shoreline stabilization for boat docking, rather than as a remedy for shoreline erosion. The concrete seawall is continued on the east side of the pedestrian bridge where it extends to the east, reinforcing the docking facilities that stretch to the foot of the CSX railroad bridge crossing. From this point on, there is limited use of erosion protection structures along the shoreline. Shoreline protection beyond the Gateway Harbor area is achieved through the use of large stone and rubble, wood pilings or horizontal strips of corrugated metal. There is one location, just west of the Twin City Highway Bridges, where the shoreline was armored
with corrugated metal sheet piling. This was likely associated Views of deteriorating docks and with docking needs for a former industrial use in this area. bulkheading and areas where shoreline stabilization would be helpful
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Shoreline protection can be found in certain locations along the lower reach of
Ellicott Creek, where commercial uses are more prevalent. Wooden bulkheading and concrete walls have been installed in certain locations to support shoreline docking structures. Examples include Smoke on the Water Restaurant, Swiston's Restaurant, and the Inner Harbor Yacht Club. A number of shoreline residential properties have also been reinforced with horizontal metal sheeting or wooden pilings to support private docks. The shoreline along the Columbus McKinnon property is the only location where corrugated metal sheet piling can be found. As previously noted, the restricted vessel speed limit on Ellicott Creek reduces wave action, helping to control deterioration along the shoreline. Therefore, there are areas along the creek shoreline that remain natural. There are also locations along the creek where bulkheading and docking structures are in a deteriorated condition. Some of these structures were built over 50 years ago. Additionally, there are a few areas where shoreline stabilization would be useful to address erosion that is likely being caused by stormwater runoff or where upland uses encroach on the creek.
2.6.6 Environmental Hazards and Constraints (Map 7)
2.6.6.1 Environmental Site Remediation
The NYSDEC's Division of Environmental Remediation (DER) offers records of the sites being addressed under one of DER's remedial programs. The programs include State Superfund, Brown ield Cleanup, Environmental Restoration, and Voluntary Cleanup. It also includes the Registry of Inactive Hazardous Waste Disposal Sites and information on Institutional and Engineering Controls in New York State.
According to this information, the City has a total of ten (10) Remedial Sites, only ive of which are in the LWRA.
Two sites are listed in the "Registry of Inactive Hazardous Waste Disposal Sites," or the "Registry." The Registry was created by Environmental Conservation Law Article 27 Section 1305 and is also described in regulation (6 NYCRR Section 375‐2.7). Sites listed on the Registry are commonly said to be sites in the "State Superfund Program." The two sites are the Chemical Leaman Tank Lines at 470 Filmore Avenue (Site Code 915014) and the National Fuel Gas
67 . C i t y o f N o r t h T o n a w a n d a To nawanda Creek / City also has jurisdiction on extensive Ba Local Waterfront right-of-way (between 66 and 190 feet in East rge Gateway C Revitalization Plan Update width) on Niagara Street, outlined in yellow. Athletic an Park al T o w n o f Field Underutil.ized, Vacant, G r a n d 7 & Environmental Sites I s l a n d
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* Vacant lands include public and private lands, with/without structures and/or improvements. n e m u c o D
Inventory and Analysis
Gastown Manufactured Gas Plant (MGP) at 126 East Niagara Street (Site Code ENVIRON 915171). The MGP site is currently being remediated, but the designation has not yet been changed on the DEC’s website. Both are Hazardous Waste Disposal UNDER, INSERT EDITORS Sites, with Classi ication Code 2. Code 2 means that either:
the disposal of hazardous waste has been con irmed and the presence of
(RENUMBER) such hazardous waste or its components or breakdown products
MAP VACANT, represents a signi icant threat to public health or the environment; or
NOTE: hazardous waste disposal has not been con irmed, but the site has been
listed on the Federal National Priorities List (NPL). 7
‐
An additional two locations in the City’s LWRA are classi ied as non‐registry sites. These locations are those that are being investigated and remediated in a
brown ield program or other environmental remediation program and are not listed in the Registry. Classi ications in non‐regulated sites are “Active”, “Completed”, “Potential”, “Potentially RCRA Corrective Action” and “No Further Action at this Time”. There are no “Active” non‐registered sites in the City, which is classi ied as sites where work is underway but is not yet complete.
Two sites in the LWRA are indicated as “Completed”. This designation is for sites where the Department has determined that remediation has been satisfactorily completed under a remedial program. The Completed Sites are:
Tonawanda City Land ill, at Wales Avenue, Site Code 915079, a Hazardous Waste Disposal Site
Envirotek 1, at 153 Fillmore Avenue, Site Code V00379, a Voluntary Cleanup Program
One additional site in the LWRA is indicated as “No Further Action at this Time”. Sites with this designation were likely former “Potential” sites that no longer need monitoring, former brown ield locations, or sites where environmental review applications were submitted but were later withdrawn or terminated. The No Further Action site is:
Veterans Park, Site Code 915078, a Hazardous Waste Disposal Site
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Within the City, two other sites with environmental concerns are on the border
of the LWRA. The Columbus McKinnon location, at 1 Fremont Street, Site Code 915016, is a Hazardous Waste Disposal Site with the “Completed” designation. The Consolidated Freightway location, at 877 Niagara Street, Site Code 915083, is a Hazardous Waste Disposal Site with classi ication “No Further Action at this Time.
2.6.6.2 Environmental Easements
In accordance with the requirements of New York State Environmental Conservation Law (ECL) Article 71, Title 36, certain sites remediated under the state's remedial programs are subject to an environmental easement. To protect public health and the environment, environmental easements can be used to restrict the use of a property to speci ied categories or to require the site management of engineering controls. Environmental easements are granted by title owners of the property to the NYSDEC, run with the land, and are enforceable in perpetuity. The property owners must periodically certify to DEC that the restrictions and requirements included in the easement remain in ‐place and effective.
There are no locations within the LWRA under the jurisdiction of an environmental easement. The one location in the City, the 31‐acre Spaulding Fibre location, with DEC Site Number 915050/E915050, is an Inactive Hazardous Waste Disposal Site Program (Superfund).
2.7 Water Quality
In accordance with 6 NYCRR Part 701 Classi ications ‐ Waters and Groundwaters, the New York State Department of Environmental Conservation (NYSDEC) has assigned water quality stream classi ications to surface waters in New York State. These classi ications identify the best usage for each stream. The waterways in the Tonawanda LWRA are classi ied as follows:
Waterbody Segment Index No. Classi ication Niagara River Ont 158 (portion 2) A‐S Two Mile Creek Ont 158‐13 B Ellicott Creek Ont 158‐12‐1 C Tonawanda Creek Ont 158‐12 (portion 1) C
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Inventory and Analysis
The Niagara River is designated Class A‐Special. The best usages of Class A‐S waters are: a source of water supply for drinking, culinary or food processing purposes; primary and secondary contact recreation; and ishing. The waters are considered suitable for ish, shell ish and wildlife propagation and survival. Two Mile Creek is designated Class B. The best usages of Class B waters are primary and secondary contact recreation and ishing. These waters are considered suitable for ish, shell ish and wildlife propagation and survival. The portions of Ellicott Creek and the Erie Canal/Tonawanda Creek located in the LWRA are designated Class C. The best usage of Class C waters is ishing. These waters are considered suitable for ish, shell ish and wildlife propagation and survival. The water quality may also be suitable for primary and secondary contact recreation, although other factors may limit the use for these purposes.
Priority Waterbodies List
The water quality classi ications assigned to waterbodies do not necessarily re lect all water quality issues. The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Therefore, the NYSDEC has developed a Statewide inventory of speci ic waterbodies, based on monitoring and information drawn from other programs and sources, which characterizes general water quality, the degree to which water uses are supported, and progress toward the identi ication of quality problems and improvements. The NYSDEC Division of Water periodically publishes a list of the surface waters that cannot be fully used as a resource or have problems that can damage their environmental integrity. The “Waterbody Inventory/ Priority Waterbodies List” is used as a base resource for NYSDEC Division of Water program management. Separate Waterbody Inventory/Priority Waterbodies List Reports are prepared and maintained for each of the major drainage basins in the State. The list includes an assessment of water quality for waterbodies under six categories, which include:
Waters with No Known Impacts – waterbody segments where monitoring data and information indicate no use restrictions or other water quality impacts or issues.
Threatened Waterbody Segments – waterbody segments for which uses are not restricted and no water quality problems exist, but where speci ic land use or other changes in the surrounding watershed are known or strongly suspected of threatening water quality; or waterbodies where the support
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of a speci ic and/or distinctive use makes the waterbody susceptible to
water quality threats.
Waters with Minor Impacts – waterbody segments where less severe water quality impacts are apparent, but uses are still considered fully supported (these waters correspond with waters that are listed as having “stressed” uses).
Waterbodies with Impacts Needing Veri ication – these are segments that are thought to have water quality problems or impacts, but where there is insuf icient or inde initive documentation. These segments require additional monitoring to determine whether uses should be restricted.
Impaired Segments – these are waterbodies with well documented water quality problems that result in precluded or impaired uses.
Water Body Category Impaired Use Severity Type of Pollutant Causes/Source
Threatened Known: Priority Known: Habitat Alteration, Water Supply (Unconfirmed) Organics (PCBs) Toxic/Contaminated Sediments Major Suspected: Suspected: Comb. Sewer Niagara River, Upper Reach, Main Impaired Aquatic Life Stressed (Suspected) Pesticides Priority Overflow, Landfill/Land Disposal, Stem Organics Other non‐permitted sanitary Fish Consumption Impaired (known) discharge, Urban/Storm Runoff Habitat / Hydrology Poor Known: Aesthetics Known: Municipal discharges Water Supply N/A (odor, floatables) (Kenmore, Tonawanda (T)), low D.O./Oxygen Other non‐permitted sanitary Public Bathing Impaired (known) Demand, discharge, urban/storm runoff Two Mile Creek and Tributaries Impaired Recreation Impaired (known) Pathogens Suspected: Industrial Discharges, Toxic/ Contaminated Sediments Aquatic Life Impaired (known) Aesthetics Fair Water Supply N/A Known: N/A Known: Other non‐permitted Public Bathing Stressed (suspected) Major Suspected: sanitary discharge, urban/storm Recreation Impaired (suspected) Nutrients runoff Ellicott Creek, Lower Reach, and Impaired (phosphorus), Suspected: Toxic/Contaminated Tributaries Aquatic Life Impaired (known) Pathogens, Sediments Habitat/Hydrology Fair Silt/Sediment Aesthetics Fair Known: Tox/Contaminated Fish Consumption Impaired (known) Known: Priority Sediment, Urban/Storm Runoff Tonawanda Creek, Lower Reach, Suspected: Other Sanitary Impaired Aquatic Life Stressed (suspected) Organics (PCBs) Main Stem Discharge, Streambank Erosion Possible: Landfill/Land Disposal, Recreation Stressed (suspected) Municipal
Figure 2‐13: Impaired waterbodies in the City of Tonawanda
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Inventory and Analysis
Unassessed Waterbodies – waterbody segments where there is insuf icient water quality information available to assess the support of designated uses.
Impaired waterbodies are deemed waters that frequently do not support appropriate uses. Impaired segments, waters with Minor Impacts and Threatened Waterbody segments are the focus of remedial/corrective and resource protection activities by the NYSDEC. The table below outlines the use impairments, types of pollutants and sources for each listed waterbody located within the Tonawanda LWRA.
Shoreline development, bulkheading, dredging and other modi ications have also impacted habitat along the Niagara River. As indicated by the NYS Department of Health Advisory, ish consumption has been impaired in this segment of the Niagara River as well as the Erie Canal from Lockport to the River. These advisories recommend restricted ish consumption of some species due to elevated PCB levels. Improved water quality in the canal, however, has been attributed to upgrades at the Town of Amherst Water Pollution Control Center.
Section 303(d) of the Federal Clean Water Act also requires states to identify Impaired Waters, where speci ic designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other strategy to reduce the input of the speci ic pollutant(s) that restrict waterbody uses, in order to restore and protect such uses. The Niagara River, Two Mile Creek, and Ellicott Creek are considered Impaired Waters requiring a TMDL (IR Category 5). This is to remedy water quality impacts from pathogens carried in urban/stormwater runoff. This effort must also consider sediments contaminated with PCBs, which have adversely affected ish consumption.
The Niagara River is subject to a joint U.S. – Canadian Niagara River Toxics Management Plan to reduce toxic contributions to the basin. The river, from its mouth at Lake Ontario to Smokes Creek (near the southern end of Buffalo Harbor) has been designated an International Joint Commission Area of Concern (AOC), and associated Remedial Action Plans have been developed, including an action plan for the Niagara River to address serious impairment from pollutants
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that affect the bene icial use of the river. Past municipal and industrial
discharges, waste disposal sites and urban/stormwater runoff have long been the key source of contaminants to the river. Beyond this, water quality issues in the drainage basin are quite diverse and, as noted in the table above, include non‐point source pollution problems, stream bank erosion, urban/industrial runoff, combined sewer outfall discharges, and agricultural activity.
The Niagara River Remedial Action Plan (RAP) was completed in September 1994 and a status report was prepared in 2000 to report on the progress of remedial actions. Speci ic priority activities and strategies in the RAP focus on stream water quality, inactive hazardous waste site remediation, contaminated river sediments, point source control, ish and wildlife habitat improvements, and enhanced environmental monitoring activities.
Pursuant to Clean Water Act Section 312(f)(3), the State of New York has determined that the protection and enhancement of the quality navigable surface waters in the State requires greater environmental protection. Therefore, as a key component of a larger strategy to protect water quality, the State has designated most coastal waters and connecting waterways as Vessel Waste No Discharge Zones (NDZ). Vessel Waste No Discharge Zones are locations where it is illegal to discharge on‐board sewage from boats into surface waters, and boaters are required to use appropriate pump‐out facilities, which are available at many marinas, to dispose of vessel treated and untreated sewage waste. Sewage from boats often contains harmful levels of pathogens and chemicals such as formaldehyde, phenols and chlorine, which harm water quality, pose a risk to people's health, and impair marine life and habitats. The Niagara River and the Erie Barge Canal are designated NDZs.
Section 78‐9 of the Tonawanda City Code prohibits any boat or other vessel that utilizes the public docking facilities to discharge the contents of any septic holding tank, garbage, oil, sludge, refuse matter or waste of any other kind into the Erie Barge Canal or Ellicott Creek. Boaters are required to utilize the vessel waste pump‐out facility that is located west of the foot of the Delaware Street Bridge, along the Tonawanda Creek Wall (in front of the Harbormaster’s Of ice).
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2.8 Historic, Cultural and Scenic Resources The City of Tonawanda and the Erie Canal… 2.8.1 Historic Sites and Structures
The City of Tonawanda is an older city that has a long history of waterfront use and activity. Early settlement in Tonawanda began on the waterfront with Henry Anguish, who built a log home in 1808 on the south side of Tonawanda Creek, near its mouth on the Niagara River. He was followed by others who established a small hamlet in the area. Growth in the hamlet increased with the opening of the Erie Canal in 1825. Construction of the Erie Canal through the Tonawanda settlement area began in 1823. It was dug along the shoreline of the Niagara River to Tonawanda and then completed within the course of Tonawanda Creek as far east as Pendleton. A wooden dam was constructed on Tonawanda Creek in the spring of 1823, just west of the mouth of Ellicott Creek, which raised the creek level about four and a half feet. This reduced the amount of rock that had to be blasted out of the cut section of the Erie Canal, beyond Pendleton, Entrance to the Erie Barge Canal (top) and and eliminated the need to deepen Tonawanda Creek. barges lining the docks along the Erie Canal (bottom). The dam included lock at the north end to allow passage of boats into the Niagara River.
The Erie Canal, and the railroads that followed it, provided economic opportunity that led to the incorporation of the Town of Tonawanda in 1836. In 1854, Tonawanda was incorporated as a Village within the Town. The Village had four wards, one of which was situated along the north side of the Erie Canal. In 1857, after years of disputes regarding favoritism over inancial assistance, the North Ward separated from the Village of Tonawanda. It eventually became a separate village and what is known today as the City of North Tonawanda (See Figure 2‐12). In 1904 the Village of Tonawanda was incorporated as the City of Tonawanda. Following this change in municipal status, the City lobbied the State of New York for approval to reconstruct a segment of the Erie Barge Canal through the City to improve navigation for tugboats, other watercraft, and barges. This segment eventually became the western terminus of the Canal.
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Figure 2‐14: Historical map of the City of Tonawanda and surrounding communities.
Both sides of the Erie Canal in Tonawanda were devoted to commerce that resulted from the completion of the canal, which extended from Buffalo to Albany. In the early 1830’s, the prosperity of the East Boston Timber Company and other lumber companies that followed in later years helped Tonawanda to grow and achieve success as a port and area of industry. Lumber from Wisconsin, Michigan and Ontario, Canada was transferred from great lakes cargo ships onto canal boats and steam ships at Tonawanda Harbor, and shipped to the nation’s eastern coastal cities. In the latter half of the 19th century, as the lumber industry grew, a large labor pool was needed to work on the lumber docks and in the lumber mills. German, Prussian and Alsatian immigrants locked to the Tonawandas, by way of the Erie Canal, to ill the many available jobs on the docks.
By 1875, the lumber business had become the most important industry in the area. By the turn of the century, the Tonawandas were handling more lumber than any other shipping port in the nation earning the distinction as “The Lumber City” and one of the largest lumber supply centers in the world. The area included numerous lumber mills, as well as canal boat and ship building facilities. In 1890, over 700 million feet of sawed lumber was docked. In addition, large quantities of other forest products, including shingles, laths, fence posts and railroad ties, were docked at Tonawanda Harbor.
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Inventory and Analysis
Besides the canal, the railroad also carried freight through the Tonawandas from Buffalo to Niagara Falls and to points east, and in the 1890’s, sixteen different railroad companies were in operation. On any given day, 100 trains passed through the area. Rail moved freight faster and could operate year‐ round. It was used for the transport of perishables and lighter loads of freight. It also supported signi icant passenger travel. Growth in the railroad industry eventually led to the demise of the Erie Barge Canal as a prominent means of cross‐ state shipping and transportation.
The population in Tonawanda in 1870 was 2,125 persons; by 1890 it had grown to 7,145. With the Erie Canal extending through the Village, a downtown area and neighborhoods quickly took root. Businessmen, tradesmen and professionals were Tonawanda: A look back… attracted to the area to serve the needs of the growing community. The City expanded in the 1870’s, 1880’s and 1890’s, with the construction of schools, banks and other businesses, and the establishment of the Tonawanda Board of Trade. The Tonawanda armory opened for the 25th Separate Company of the New York National Guard in 1897.
The Tonawanda Gas Light Company was incorporated in September of 1884. The Tonawanda City Water Works established plants in the Tonawanda and North Tonawanda Villages in 1885, and an electric light Downtown circa 1924 system was initiated in 1890. Sewer infrastructure was constructed in 1890 to 1891. The Tonawanda Gas Light Company was a manufactured gas plant that made combustible gas from coal and petroleum. This gas was used for cooking, heating and lighting. This facility was located on East Niagara Street, adjacent to the railroad corridor that carried trains over the Erie Canal, and operated on this site until 1921. The neighborhood that developed in this vicinity became to be known as Gastown. The former East Niagara Street Bridge, which Lithograph of the Tonawanda Brewery circa 1900 is the historic iron trestle bridge that spans the mouth of Ellicott Creek and is presently utilized as part of the
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Canalway Trail, was originally constructed to provide access to the
Gastown area. Remembering our history
After the 1890's, the use and importance of the old Erie Canal began to diminish. Stiff competition from the railroads, and other related factors, brought an end to its operation. During the early 20th century the New York State Barge Canal was constructed. This much larger waterway, which utilized steam vessels and later diesel tugs, replaced the old Erie Canal in 1918. The route was changed and shortened. Tonawanda became the western terminus as powerful tugs could easily pull or push barges up the Niagara River and through the Black Rock ship canal to Buffalo. The dam on Tonawanda The historic Long Homestead still Creek was removed in 1918 and the creek channel was dredged to stands near Gateway Park. accommodate barges with a ten‐foot draft. By the 1920’s, the canal channel was illed. The section that extended through the downtown was redeveloped as the area was now teeming with pedestrians, and horses and buggies were quickly being replaced by automobiles. Congestion in this area also brought about the relocation of the active railroad line south of the downtown and across Ellicott Creek. The portion of the Erie Canal that extended along the Niagara River was redeveloped as parkland in the 1980’s. A single‐leaf through truss bascule‐style railroad bridge.
The decline in the use and importance of the Canal as a major transportation route led to a decline in the lumber industry. Eventually, the extension of the Canal through the downtown area of Tonawanda was illed in. The waning lumber industry gave way to manufacturing, which helped to accommodate World War II efforts and post war market demands. New homes, schools and roads were built to serve the growing population. A shift in economic focus away from manufacturing, resulted in the decline of business in the City’s downtown area. Urban renewal in the 1970’s brought about the demolition of numerous historic structures, which were replaced with a multi‐story senior housing complex, large parking areas and more suburban styled development.
Today, remnants of the City’s past remain. Although there are no Railroad swing bridge remains structures in the LWRA that are presently listed or eligible for listing (top). The same bridge seen in on the National Register of Historic Places, the Long Homestead is an this circa 1947 image.
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Inventory and Analysis
historic structure of local signi icance. Built in 1829, the Long Homestead is the
oldest structure in the City. It was home to Benjamin and Mary Long and their seven children. Part of the original settlement in the area, Benjamin Long was a farmer, businessman and politician who helped organize the Town of Tonawanda. The Long Homestead is located at the con luence of Ellicott Creek and the Erie Canal/Tonawanda Creek. It has been fully restored and is operated as a museum.
Also of signi icant note is the Erie Barge Canal itself, which played an important role in the economic development of Tonawanda. Completed in 1825, the Canal forever changed the face of the community and region, as well as the State of New York. The Erie Canal is a designated Historic District that was listed on the National Register of Historic Places in September 2014. The New York State Barge Canal Historic District extends east from the Seymour Street Bridge in Tonawanda to Waterford, New York.
There are also a number of railroad bridges that stand today as a testament to presence and importance of rail transportation through the area. CSX still operates the former New York Central and Hudson River line that crosses an historic trestle bridge over Elliott Creek and the historic Jack Knife Bridge over the Canal. This line runs from Buffalo to Niagara Falls and was part of the system that was owned by railroad tycoon Cornelius Vanderbilt. Additionally, the remnant of an old railroad swing bridge is located in the channel of the Erie Barge Canal, near its terminus with the Niagara River. This bridge operated as an extension of the New York Central and Hudson River Railroad system that extended through the Tonawanda Harbor area, carrying rail traf ic through the harbor area.
2.8.2 Archaeological Resources
The location of the City of Tonawanda waterfront along the lower reaches of Tonawanda and Ellicott Creeks indicates that these areas may have been attractive for Native American settlement. According to New York State Of ice of Parks, Recreation and Historic Preservation (NYSOPRHP) records, no known sites of archaeological signi icance have been identi ied or are known to exist along the Niagara River shoreline or along the shorelines of both creeks. Most of these areas have been subject to considerable disturbance from clearing and development over the years. The NYSOPRHP Cultural Resources Information System mapping identi ies four areas within the LWRA where Archaeological
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Figure 2‐14: Areas of archeological investigation, past and present. (NYSOPRHP)
Sensitivity Assessments have been conducted (see Figure 2‐14 on the following page) These areas (which are shown in bright green) include the Niawanda Park Pavilion, the location for the culvert replacement on River Road at Two‐ Mile Creek, the proposed Veteran’s Memorial subdivision property, and the former Gastown Manufactured Gas Plant at 126 East Niagara Street. The NYSOPRHP should be contacted prior to undertaking any development projects within the LWRA, particularly in areas that have not been previously disturbed.
2.8.3 Scenic Resources
There are no Scenic Areas of Statewide Signi icance (SASS) within the City of Tonawanda LWRA, as designated by the Secretary of State (SASS’s are currently limited to six areas in the Hudson River Valley and on Long Island). Although not formally designated, the scenic resources along the waterfront areas in the City of Tonawanda are locally important. These scenic resources consist primarily of the dramatic vistas of the Niagara River and its shoreline,
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as well as the Erie Canal /Tonawanda Creek and Ellicott Creek,
which although smaller in scale still offer scenic beauty. River Road and Niagara Street (NYS Route 266), which runs along the Niagara River waterfront to the City of North Tonawanda, is a segment of the NYS Great Lakes Seaway Trail and a designated National and State Scenic By‐Way. Efforts should be made to enhance and improve this corridor in recognition of this designation. Efforts should also be taken to protect, and where possible, improve the visual quality and visual accessibility of the waterfront areas in the LWRA. Improved signage and the enhancement of gateway features should be considered. Furthermore, in accordance with federal regulations, the erection of new off‐premise signs along State and National Scenic By‐Ways is prohibited. The City of Tonawanda sign regulations (Article 6 of Chapter 82) currently prohibit off premises signage. In accordance with the Scenic By‐Way designation, views of the Niagara River should also be protected and improved, wherever possible, through the site plan review process.
Although no of icially‐designated scenic areas Views of the Niagara River are readily available from Niawanda exist in the City, expansive views still are found Park, which extends along the north side of River Road/Niagara such as those overlooking the Niagara River Street, from Two‐Mile Creek to City Hall (in the vicinity of looking east (top) or from the ishing dock and Oldenburg and Niagara Shore Drives). Views of the river are viewing platform at Niawanda Park. also available from some private residences and a few businesses along River Road, but are restricted in certain locations by trees in Niawanda Park. These trees, however, provide shade and improve the aesthetics of this park and should be protected. The Shoreline Trail and Erie Canalway Trail offer scenic views of the Niagara River, Gateway Harbor area and the Erie Canal/Tonawanda Creek for pedestrians and bicyclists. This trail extends through Niawanda Park and continues through the downtown and into Gateway Park, which is located at the con luence of Tonawanda and Ellicott Creeks. Outstanding views of the Niagara River, the Town of Grand
Likewise, equally as scenic, views exist at the Island (which is located across the river), and the Grand Island con luence of the Creek and River. Bridge to the west, can be enjoyed from the point at the mouth of the Erie Canal / Tonawanda Creek.
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The historic iron trestle bridge carries the Canalway Trail east across Ellicott
Creek, where views of the Erie Canal and canal activity are available from the trail and from private residences located to the east along East Niagara Street. There are a few, limited locations along this stretch where public overlooks or areas for public viewing could be developed. Ellicott Creek offers views of wooded shoreline and aquatic wildlife, as well as the aesthetic interest of historic railroad trestle bridges. However, scenic views of this creek are restricted and limited to what can be achieved from the rear of private residences or businesses and a few restaurants situated along the creek, or from a boat navigating this waterway. With the exception of the City’s Department of Public Works property, there are very limited opportunities for providing public viewing access to Ellicott Creek.
Ellicott Creek, looking north toward the Erie Canal / South end of Two‐Mile Creek, at Fletcher Street / Eastern portion of Ellicott Creek, near City boundary Two‐Mile Creek, near the Niagara Street overpass
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Inventory and Analysis
Finally, Two‐Mile Creek is a narrow waterway that is located at the western end of the waterfront area, immediately west of Veteran Memorial Park. The creek corridor is an overgrown, natural setting that offers limited visual access. There are a few areas, however, that provide views of its natural beauty. The potential exists in certain locations to improve the creek shoreline to enable public viewing opportunities.
2.9 Public Infrastructure
2.9.1 Water Supply
The entire City of Tonawanda is served by public potable water provided from the Erie County Water Authority (ECWA). The use of groundwater is restricted and there are no active water wells for drinking. Previously, the City owned and maintained the underground waterlines. Around 2002, management and ownership of the distribution system was transferred to the ECWA under their Direct Service management contract, where the ECWA is responsible for all customer service, billing, maintenance, and capital improvements. The source of water for the City is the ECWA’s Jerome D. Van de Water Water Treatment Plant from, in the Town of Tonawanda, from the Niagara River. The City formerly treated its own water for consumption. The former Pumping Station and Filtration Plant, in the northern part of the City north of Niagara Street, have been abandoned and the structures where demolished around 2010. An existing four million gallon water tank, located in Veterans Park, and an existing 500,000 gallon elevated water tank, located near the southerly border of the City, are in use and provide enhanced water pressure. Both structures are inspected annually. The buried potable water pipes range in size between 24‐inch near the former Pumping Station, to 16‐inch near the holding tanks, to 6‐inch in most residential streets, to 4‐inch in some select locations. The piping is comprised almost entirely cast or ductile iron pipe. The age and condition of the lines vary; they are maintained and replaced as necessary. Generally, waterlines in the City are in adequate condition.
2.9.2 Wastewater Management
Nearly the entire City of Tonawanda is serviced by public sewers. It is believed that one or two residences maintain their own on‐site septic systems. Most of
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the City is served by gravity sewers of varying size and materials, including
plastic, vitri ied clay, and transite pipe. There are approximately seven pump stations with associated forcemain piping that work in partnership with the gravity system. All sewage in the City lows to the Main Pump Station, located between City Hall and the Tops supermarket on Niagara Street. The Main Pump station, then, pumps the sewage to the Town of Tonawanda Wastewater Treatment Plant (WWTP) for treatment. The Main Pump station replaced the City’s original WWTP. Formerly, the City performed its own treatment, but in the late 1970’s, responsibility was transferred to the Town. The existing City Wastewater Treatment Plant was demolished around 2010, and all that remains are the unused settling tanks.
Wastewater low sent to the Town is highly dependent on ground water levels and rainfall. During dry weather, the City sends the Town less than 2 million gallons per day (MGD). In all of 2014, the Town treated 1,055.6 MG of sewage from the City, or approximately 2.9 MGD.
There are also 16 sanitary sewer over low locations in the City, which are utilized intermittently and irregularly throughout the year. While the City sewer system does not have an issue with capacity, it does have an issue with In iltration and In low (I&I). The City is under Consent Order from the New York State Department of Environmental Conservation for sanitary lows. The City is in Phase 4 of 10 to investigate potential areas of excess in iltration and in low into the sewers. Sanitary manholes and pipes are systematically rehabilitated and/or replaced to reduce treatment volume.
2.9.3 Stormwater Management
Stormwater is collided and conveyed in the City through a combination of surface runoff, closed pipes, and open ditches. There are 101 drainage discharge points to the surrounding The City manages stormwater through a separate discharge system that waterways. As wastewater management is a larger concern in the includes larger outfalls such as these City, storm pipes and structures are not systematically replaced, on Ellicott Creek (top) and Niagara but are repaired as necessary. However, buried pipes, of varying River (bottom). Minimizing surface diameter and materials, are in need of repair and replacement. The pollutants is key to maintaining clean City has an on going program for inspecting existing outfalls to the stormwater discharge.
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Inventory and Analysis
waterways, approximately 20 or so per year. The catch basin and manhole
structures are inspected, as necessary. Efforts must be continued to keep storm water outfalls, ditches, and pipes open and free from growth and debris. Furthermore, drainage considerations must be included in all development proposals. There are no reported areas of signi icant looding or with signi icant drainage concerns in the LWRA.
The City has its own Municipal Separate Storm Sewer Systems (MS4) Permit in accordance with the NYSDEC General Permit for Stormwater Discharges. As noted in Section 2.2.1, the City has a comprehensive Stormwater Management Plan. Furthermore, Article 9, Section 14‐473 of the Coty Code requires that any land disturbance activity is to create a surface water runoff management plan for approval by the City Engineer.
The City is a participating member of the Western New York Stormwater Coalition. Most stormwater treatment in the City is done‐so with surface iltering by grass, landscape, or dry/wet basins. There are some select proprietary stormwater treatment measures, including a Contech Stormwater Solutions Vortechs Model 11000 stormwater treatment unit installed at the Spaulding Commerce Park redevelopment site. Maintenance on the unit is as per the manufacturer’s recommendation.
2.9.4 Solid Waste Management
The City of Tonawanda Department of Public Works oversees the collection of municipal solid waste pursuant to Chapter 50 of the City Code. The City performs its own collection and disposal of waste. City residents are to utilize City‐issued garbage totes. Grass, leaf, brush, and large bulk trash is also picked up weekly by the City. Motor oil and hazardous waste is not collected by the City, though dried latex paint is. Tires are to be disposed of at the Department of Public Works, and construction debris is to be disposed of by permit. Municipal solid waste is taken to the Covanta Niagara Energy‐from‐Waste Facility in Niagara Falls. In 2014, the City disposed of nearly 5,800 tons of garbage.
The City also requires that residents recycle as a part of the municipal waste collection. Accepted materials include newspaper, magazines, and catalogs;
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corrugated cardboard; glass bottles; metal cans; plastic; and milk, juice, and
drink boxes. City residents are to utilize City‐issued recycling totes. Recycled materials picked up every other week in accordance with the City’s “blue” or “red” designation based on the house location. Recycling is taken to the Allied Waste Services of Buffalo center. In 2014, the City disposed of over 800 tons of waste for recycling.
2.9.5 Other Utilities
Other utility services available in the City include National Grid for electricity, National Fuel Gas for natural gas, and various private telephone, cable, and satellite television service by providers.
2.9.6 Transportation
Transportation in the City of Tonawanda consists of various methods, each of which varies in performance, quality, and accessibility. The most prominent is personal automobile followed closely by bicycle traf ic due to the presence and extent of the Shoreline Trail along the Niagara River and public transportation via bussing. Watercraft transportation is also high during the summer months, drawing visitors from nearby counties and beyond to the City and neighboring communities. With the City of Tonawanda being situated along the multiple waterways (Niagara River, Tonawanda Creek/Erie Canal, and Ellicott Creek) boating is a part of the culture. These waterways have allowed the city to see both commercial and private watercraft transportation uses for decades.
The four main roadways of the City that carry the highest traf ic volumes include:
New York State Route 425/Twin Cities Memorial Bus service through NFTA, private boats, Highway pedestrians and bicyclists are all found New York State Route 384/ Delaware Street throughout the City. New York State Route 265/ Main Street into Seymour Street
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Inventory and Analysis
TRANSPORTATION
EDITORS New York State Route 266/ Niagara Street
INSERT
Route 266 / Niagara Street is the primary thoroughfare in the City, carrying the bulk of the traf ic volume (10,478 AADT) along with Seymour Street from the County line to Niagara Street (19,800 AADT). Niagara Street is a major
MAP
connector between the Twin Cities as well as the neighboring Town of NOTE: Tonawanda and City of Buffalo, but is also part of the larger Great Lakes Seaway Trail, a National/State Scenic Byway. The State Routes roadways are ‐ also the primary truck routes for larger tractor‐trailers, although truck
volumes are typically lighter with the proximity of the expressway. Residential side streets are primarily a grid type system; only a few sections follow the more modern suburbia approach of winding residential roads. Truck traf ic on these roads are limited to local deliveries only with typical For sidewalks and crossings, attention needs to weight restrictions. The roads in the city generally consist of be paid to connections, especially on Niagara two to four lanes and on –street parking is limited in certain Street. Lack of receiving sidewalks and worn areas such as Main Street and Niagara Street. Winter parking is street markings make for dangerous conditions. in effect from October 1st to April 1st with no on street parking from 2am to 6am.
The city has one active railroad line for commercial passenger and industrial freight use only that runs north‐south through the center of the City before crossing the peninsula and continuing on to North Tonawanda. An inactive line is located on the eastern side of the City parallel to the Twin Cities Highway as well as on the peninsula before meeting up with the active line near East Niagara and Carney Street. Currently, the City is in the midst of design and future construction for a Rails to Trails project that will convert the southern leg of the abandoned rail line to a 4‐mile recreational trail. This 12‐foot wide, multi‐use trail will run from Kenmore Avenue in the Town to State Street in the City, connecting Tonawanda to the City of Buffalo and beyond. Planning and design is already underway in the City of Tonawanda to extend the trail from State Street to East Niagara Street and the Erie Canalway Trail via the old rail bed then sidewalks and on‐street bike lanes on Fillmore Avenue.
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In general, the City is well connected through a network of sidewalks, with
wider sidewalks on Main Street and Broad Street. The only substantial area where sidewalks are lacking is along Little League Drive within Veterans Memorial Park. Although sidewalks are found along the south side of Niagara Street opposite Niawanda Park, access across the roadway is very limited and often dif icult during the busy summer months.
The City of Tonawanda supports bike traf ic, with the majority of volumes along the Shoreline Trail and Erie Canalway Trail. However, many bikers do continue off‐trail and into the City utilizing the existing street network; no formal bike lanes, sharrow street markings, or designated routes exist. The GBNRTC (Greater Buffalo‐Niagara Regional Transportation Council) has a route guide available that provides a general Work began in late 2015 on the Rails‐to‐Trails rating of select streets for on‐street bike use. Within project from Buffalo to Tonawanda. Tonawanda, New York State Route 265/ Main Street, Completion is set for early 2016. Ellicott Creek Road and Young Street are highlighted as being suitable for bike use based on the Bicycle Master Plan. The southern end of these streets are classi ied as suitable with the northern ends approaching Niagara Street deemed “caution advised” likely due to traf ic volumes and patterns.
To further support and support bike traf ic along with other alternative modes of personal transportation, the City is currently working with consultants on the design of an Intermodal Transit Hub on Broad Street between Main and The proposed designs for the Intermodal Hub Young Street. In addition to bike use, the Intermodal Hub include ample landscaping and facilities for bus will also serve as a primary point for several NFTA (Niagara and bike travel. Three trails/bike paths Falls Transportation Authority) bus lines. Currently two converge in this area. primary bus routes (61 and 79) traverse the City providing service to the central downtown core. Flex route 57, which allows curb‐to‐curb pick up and drop off service to create accessible public transit for those with disabilities, has been condensed but the changes have been made are unclear at this time.
Regarding bicycle travel, the city is currently part of an active Rails to Trails project that is converting existing abandoned rail‐road lines into recreational trails with the
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Inventory and Analysis main target audience being cyclists. The section that is traversing the City of
Tonawanda will be part of a four mile trail which once completed will extend from State Street in the city to Kenmore Avenue in the Town of Tonawanda. This trail will be a vital linkage for those looking to use an alternative method of travel. A project that almost mirrors the Tonawanda’s section is in the works on the other side of Kenmore Avenue by the City of Buffalo. This would connect the Tonawanda’s trail to North Buffalo, ending at the NFTA LaSalle metro rail station. Construction is presumed to wrap‐up on the Tonawanda’s project at the end of November 2015.
The idea behind these types of trails are not only for function, but to promote and enhance the surrounding infrastructure to accommodate bicycles & pedestrian traf ic in a safer manner. This can be done with various forms of infrastructure changes, including but not limited to the creation of designated trail‐ways parallel to existing automobile infrastructure for a more leisure experience. In a more urban type setting these changes may come in the form complete streets. Complete streets create a division between pedestrians, cyclists, automobiles and parking to allow for shared roadways. Helping calm and reverse trends of automobile centered communities.
The City as a location has a rich history on the water, with boating being used heavily in the past for mainly commercial and industrial uses. Boating is one of the more unique forms of transportation methods. The City itself borders the Niagara River and Tonawanda Creek/Erie Canal, while Ellicott Creek passes through. The Tonawanda Creek/Erie Canal and Ellicott Creek low into the Niagara River. The Erie Canal; which is managed by the New York State Canal Corporation, is a part of Tonawanda Creek the modern day start for this location. The original Erie Canal used to run through the City itself where modern‐day Niagara Street exists, extending into the Town of Tonawanda with a road name change to River Road. This section of the canal was illed in during the 1950’s, merging the canal into Tonawanda Creek. Today many of the water transportation occurring has become concentrated towards private leisure activity. Ranging from hand powered watercraft such as kayaks to more high powered craft for ishing, touring and general recreational fun in the Niagara River. More modern watercraft can be found as well in the form of water bicycles, enhancing the recreational culture that has become the more popular users of these water‐ways. Boat launches and numerous marinas; both private and public, can be found along the cities edge. Helping maintaining the boating heritage that help build the City of Tonawanda.
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Section 3 Waterfront Revitalization Program Policies
Swing bridge @ Erie Canal/Tonawanda Creek Section 3
Section 3 of the LWRP document presents the local waterfront revitalization policies and their associated standards that are used in Why so many policies? guiding development actions in the City of Tonawanda. These policies consider the physical, economic, environmental and cultural There are 44 separate characteristics of the community; they are comprehensive and re lect policies that are outlined in existing laws and authority regarding development and environmental the Coastal Management protection. Together, these policies and their standards are to be used to Program as administered by achieve an appropriate balance between economic growth and the Department of State that development and the preservation that will enable the bene icial use of are required to be included in waterfront resources in the City of Tonawanda without undue impacts. the LWRP. Although all of The policies are as follows (color coding ties into Section 4, Land Uses and them need to be in the Plan, Projects): not every one will apply to the City of Tonawanda.
From these larger policies, DEVELOPED WATERFRONT POLICIES – Policies 1 through 6 more speci ic (but related) sub‐policies will be developed FISH AND WILDLIFE POLICIES – Policies 7 through 10 based on Section 2 and other community input that will FLOODING AND EROSION HAZARD POLICIES – Policies 11 through 17 drive future sections of the Plan. Policies and sub‐ GENERAL POLICY – Policy 18 policies “set the stage” for projects and future land use PUBLIC ACCESS POLICIES – Policies 19 and 20 in the Waterfront Area.
RECREATION POLICIES – Policies 21 and 22
HISTORIC AND SCENIC RESOURCES POLICIES – Policies 23 through 25
AGRICULTURAL LANDS POLICY – Policy 26
ENERGY AND ICE MANAGEMENT POLICIES – Policies 27 through 29
WATER AND AIR RESOURCES POLICIES – Policies 30 through 43
WETLANDS POLICY – Policy 44
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3.1 DEVELOPMENT POLICIES
Policy 1 Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses
Policy 1A Redevelop and revitalize public lands that are abandoned, deteriorated or underutilized
Policy 1B Protect stable residential areas
Explanation of Policy State and federal agencies must ensure that their actions further the revitalization of urban waterfront areas. The transfer and purchase of property; the construction of a new of ice building, highway or park; the provision of tax incentives to businesses; and establishment of enterprise zones, are all examples of governmental means for spurring economic growth. When any such action or similar action is proposed in the City of Tonawanda Local Waterfront Revitalization Area (LWRA), it must be analyzed to determine if the action would contribute to or adversely affect revitalization efforts in this area.
It must be recognized that revitalization of once dynamic waterfront areas is one of the most effective means of encouraging economic growth, without consuming valuable open space outside of these waterfront areas. Waterfront redevelopment and revitalization is also one of the most effective means of rejuvenating, or at least stabilizing, residential and commercial districts adjacent to areas of revitalization activity.
In responding to this policy, several other policy principles must be considered:
1. Uses requiring a location abutting the waterfront must be given priority in any redevelopment effort (refer to Policy 2 for the means to effectuate this priority);
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2. As explained in Policy 5, one reason for revitalizing previously dynamic waterfront areas is that the costs for providing basis services to such areas is frequently less than providing new services to areas not previously developed;
3. The likelihood for successfully simplifying permit procedures and easing certain requirements (Policy 6) will be increased if a discrete area and not the entire urban waterfront is the focus for revitalization efforts. In turn, ease in obtaining permits should increase the interest to invest in these areas. Furthermore, once this concentrated effort has succeeded, stabilization and revitalization of surrounding areas is more likely to occur.
Local governments, through waterfront revitalization programs, have the primary responsibility for implementing this policy. Though these revitalization programs need not be limited to redevelopment, local governments are urged to identify areas as suitable for redevelopment, and establish and enforce redevelopment programs.
1. When a Federal, State or local action is proposed to take place in a location in the LWRA that is regarded as suitable for redevelopment, the following guidelines will be used:
a. Priority should be given to uses that are dependent on a location adjacent to the water (see Policy 2). b. The action should enhance existing and anticipated uses. For example, a new highway should be designed and constructed so as to serve the potential access needs for desirable industrial development. c. The action should serve as a catalyst to private investment in the area. d. The action should improve the deteriorated condition of a site and, at a minimum, must not cause further deterioration. For example, a building could not be abandoned without protecting it against vandalism and/or structural decline. e. The action must lead to development that is compatible with the character of the area, with consideration given to scale, architectural style, density, visual quality, and intensity of use. f. The action should have the potential to improve the existing economic base of the community and, at a minimum, must not jeopardize this
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base. For example, waterfront development meant to serve consumer needs would be inappropriate in an area where no increased consumer demands were expected and existing development was already meeting demand. g. The action should improve adjacent and upland views of the water and, at a minimum, must not affect these availability or quality of existing views. h. The action should have the potential to enable multiple uses on the site.
2. If a Federal, State or local action is proposed to take place outside of a given deteriorated or underutilized waterfront area that is suitable for redevelopment, and is either within the relevant community or adjacent coastal communities, the agency proposing the action must irst determine if it is feasible to undertake the action within the area in question. If such an action is deemed feasible, the agency should give strong consideration to taking the action in that area. If not feasible, the agency must take the appropriate steps to ensure that the action does not cause further deterioration of that area.
The City of Tonawanda has undertaken a wide number of improvements in the LWRA that have resulted in the revitalization of abandoned and underutilized lands for public bene it ‐ Niawanda Park and Gateway Harbor are local examples. These improvements have provided a wide variety of opportunities for public water‐related recreation and are helping to establish the City as a regional tourist destination. However, there still are a number of properties and sites in the Local Waterfront Revitalization Area that are abandoned, deteriorated or underutilized. These include, but are not limited to, the following sites and properties.
1. The waterfront properties situated along Young Street, between State Street and Delaware Street, are deteriorated, underutilized or support non‐water dependent uses (see Policy 2). Although these properties are privately owned, the policy of the City is to encourage uses that are better suited to this waterfront location and that would better serve local residents and visitors to the area.
2. Portions of East Niagara Street contain current and former industrial properties that are underutilized or deteriorated (including the Washington Mills property). The former City of Tonawanda land ill is also located in this general vicinity. These lands should be revitalized for continued light
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industrial use or other uses that are appropriate for their location.
3. The former City of Tonawanda land ill provides opportunities for reuse for passive recreational or a similar use that would be suitable for this facility. This site could also be evaluated for reuse as a Par 3 golf course.
4. The Tops Supermarket parking lot is oversized and underutilized. It has the potential for additional commercial development that would support and enhance activity in this area of the downtown and the waterfront area. Its current layout is an inef icient use of commercial property.
5. The municipal parking area in the vicinity of Walgreens offers opportunities for improved use that would support the public uses in the Gateway Harbor area. The City should continue its efforts to revitalize this area as a multi‐modal “Hub” to enhance tourism and recreation.
6. The City should implement complete streets programming in the downtown area, particularly in the vicinity of Gateway Harbor, to accommodate all modes of transportation, as well as pedestrians, to make this area safer, calm traf ic, improve aesthetics and support tourism and economic development.
7. The vacant lands owned by the City of Tonawanda Community Development Corporation, in the vicinity of City Hall, should be revitalized for appropriate use.
8. There is also an abandoned industrial site located immediately adjacent to the Tonawanda Wall facility at Gateway Harbor. This property is owned by the City and should be utilized as a complement to the other public uses in this area.
9. The section of Niagara Street that extends from Seymour Street to Bouck Street has a very wide right‐of‐way and consumes land that could be better utilized. The redesign of this area of the roadway corridor could provide land (or a better layout) for commercial development and improve the public realm in this area.
10. The Fireman’s Park property is underutilized and has the potential for reuse, possibly in conjunction with the adjacent City‐owned land.
All of these lands, particularly those sites situated in the downtown or in close proximity to Gateway Harbor, as well as other similar properties in the LWRA, should be considered as priority locations for investment and redevelopment.
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The City should work with other governmental agencies, to secure the funding and technical assistance necessary to realize the vision for this area as a thriving destination for tourism and recreation. Such redevelopment should be conducive with the waterfront and promote economic development that will help boost tourism and bene it local residents.
The existing residential neighborhoods along the waterfront are important to the overall character community and economic functioning of the area. New uses in stable residential neighborhoods should be avoided when their size or scale would signi icantly impact the character of the area. New construction, redevelopment and associated screening, such as fences and landscaping, should not reduce or eliminate vistas that connect local residents or visitors to the waterfront or views that are otherwise important to the residential community and surrounding area.
Public access improvements should also be emphasized to better establish the connection between residential areas and the waterfront. Linkages are also important and should be created through the expansion of the existing waterfront trail system.
Policy 2 Facilitate the siting of water‐dependent uses and facilities on or adjacent to coastal waters
Policy 2A Maintain and, where appropriate, expand water‐ dependent recreational facilities
Explanation of Policy There is a inite amount of waterfront space suitable for development purposes. Consequently, while the demand for any given piece of property will luctuate in response to varying economic and social conditions, on a state and City‐wide basis, the only reasonable expectation is that long‐term demand for waterfront space will intensify.
The traditional method of land allocation, i.e., the real estate market, with or without local land use controls, offers little assurance that uses that require waterfront sites will, in fact, have access to the shoreline. To ensure that such "water‐dependent" uses can continue to be accommodated within the City of Tonawanda Local Waterfront Revitalization Area (LWRA), governmental
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agencies will avoid undertaking, funding, or approving non‐water dependent uses when such uses would preempt the reasonably foreseeable development of water dependent uses. Furthermore, agencies will utilize appropriate existing programs to encourage the siting of water dependent activities, where feasible.
A water dependent use is an activity that can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and involves use of the water as an integral part of such activity. The following uses and facilities are considered as water‐dependent:
1. Uses that depend on the utilization of resources found in local surface waters, such as ishing;
2. Recreational activities that depend on access to the Niagara River, Erie Barge Canal or Ellicott Creek (e.g., ishing, boating, swimming, wildlife viewing and similar uses);
3. Flood and erosion protection structures, including bulkheads and seawalls;
4. Facilities needed to store and service recreational vessels (e.g., marinas, boat repair, boat storage, etc.);
5. Scienti ic/educational activities that, by their nature, require access to coastal waters (e.g., certain meteorological and oceanographic activities); and;
6. Support facilities that are necessary for the successful functioning of permitted water‐dependent uses (e.g., parking lots, snack bars, irst aid stations, short‐term storage facilities). Although these uses must be situated near the water‐dependent use they support, they should be sited inland from the use rather than on the shore to the greatest extent possible.
The City of Tonawanda should protect, maintain and, where appropriate, expand existing water‐dependent uses. These include Niawanda Park, Eastern Park, and the Gateway Harbor facility. Additionally, Erie County should be encouraged to do the same for Isle View Park, a portion of which is located within the LWRA.
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In addition to water dependent uses, those uses that are enhanced by a waterfront location should be encouraged to locate along the shore, though not at the expense of water dependent uses. A water‐enhanced use is de ined as a use or activity that does not require a location adjacent to or over coastal waters, but having such a location adds to the public use and enjoyment of the water’s edge. Water‐enhanced uses are primarily recreational, cultural, retail, or entertainment uses. A restaurant that uses good site design to take advantage of a waterfront view is an example of a water‐enhanced use.
In the City of Tonawanda LWRA, water‐enhanced uses include a number of restaurants that are located either on the water or in close proximity to the shore. Waterfront parks and multi‐use trails are other water‐enhanced amenities in the City that bene it from their location along the shoreline. These types of uses help support tourism activity and economic development. A location near the water is also an attraction for residents and helps to maintain the strength of adjacent residential neighborhoods. Water enhanced uses are found along Niagara Street (both restaurants and recreational amenities), as well as on Young Street, along Ellicott Creek. Priority should be given to seeing existing non‐water dependent or non‐water enhanced uses along Young Street, transition to more appropriate uses that are conducive to a waterfront location and supportive of tourism activity.
If there is no immediate demand for a water‐dependent use 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 or enhanced use that involves an irreversible or nearly irreversible commitment of land. Parking lots, passive recreational facilities, outdoor storage areas, and non‐ permanent structures are uses or facilities that would likely be considered as "temporary" non‐water‐dependent uses.
In the actual choice of sites where water‐dependent uses will be encouraged and facilitated, the following guidelines should be used:
1. Competition for space: Competition for space, or the potential for it, should be indicated before any given site is promoted for water‐ dependent uses. The intent is to match water‐dependent uses with suitable locations and thereby reduce any con licts between competing uses that might arise. Not just any site suitable for development should
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be chosen as a site for water‐dependent use. The choice of a site should be made with some meaningful impact on the real estate market anticipated. The anticipated impact could either be one of increased protection to existing water‐dependent activities or else the encouragement of water‐dependent development.
2. In‐place facilities and services: Most water‐dependent uses, if they are to function effectively, will require basic public facilities and services. In selecting appropriate areas for water‐dependent uses, consideration should be given to the following factors: a. The availability of public sewers, public water lines and adequate power supply; b. Access to the area for trucks and rail, if industry is to be accommodated; and c. Access to public transportation, if a high number of person trips are to be generated.
3. Access to navigational channels: Where recreational boating exists or is planned, consideration should be given to sites that have access to navigation channels.
4. Compatibility with adjacent uses and the protection of other coastal resources: Water‐dependent uses should be located so that they enhance, or at least do not detract from, the surrounding community. Consideration should also be given to such factors as the protection of nearby residential areas from odors, noise and traf ic. Af irmative approaches should also be employed so that water‐dependent uses and adjacent uses can serve to complement one another. For example, a recreation‐oriented water‐ dependent use area could be sited in an area already oriented towards tourism. Clearly, a marina, ishing pier or swimming area would enhance, and in turn be enhanced by, nearby restaurants, motels and other non‐ water oriented tourist activities. Water‐dependent uses must also be sited so as to avoid adverse impacts on the signi icant coastal resources.
5. Preference to underutilized sites: The promotion of water‐dependent uses should serve to foster development as a result of the capital programming, permit expediting and other State and local actions that will be used to promote use of the site. Nowhere is such a stimulus needed more than in those portions of the LWRA that are currently underutilized.
6. Providing for expansion: A primary objective of the policy is to create a process by which water dependent uses can be accommodated well into
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the future. State agencies and localities will, therefore, give consideration to long‐term space needs and, where practicable, accommodate future demand by identifying more land than is needed in the near future.
In promoting water‐dependent and water‐enhanced uses, the following kinds of actions will be considered:
1. Favored treatment to water dependent use areas with respect to capital programming. Particular priority should be given to the availability and maintenance of roads and public transportation within areas suitable for water dependent and water enhanced uses.
2. When areas suitable for water dependent or water‐enhanced uses are publicly owned, favored leasing arrangements and/or tax abatements should be given to these uses, as appropriate.
3. State and local planning and economic development agencies should actively promote water dependent or water‐enhanced uses. In addition, a list of sites available for non‐water dependent uses should be maintained in order to assist developers seeking alternative sites for their proposed projects.
4. Local, State and Federal agencies should work together to streamline permitting procedures that may be burdensome to water dependent and water enhanced uses.
5. Local land use controls, especially the use of zoning districts exclusively for waterfront uses, can be an effective tool of local government in assuring adequate space for the development of water dependent and water enhanced uses.
Policy 3 Further develop the state's major ports of Albany, Buffalo, New York, Ogdensburg, and Oswego as centers of commerce and industry, and encourage the siting, in these port areas, including those under the jurisdiction of state public authorities, of land use and development which is essential to, or in support of, the waterborne transportation of cargo and people
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Explanation of Policy The City of Tonawanda waterfront revitalization area is not designated as one of the State’s major ports. Therefore, this policy is not applicable.
Policy 4 Strengthen the economic base of smaller harbor areas by encouraging the development and enhancement of those traditional uses and activities which have provided such areas with their unique maritime identity
Explanation of Policy This policy recognizes that the traditional activities occurring in and around numerous smaller harbors, contribute much to the economic strength and attractiveness of the surrounding communities. Thus, efforts of state and local agencies shall center on promoting desirable activities such as recreational ishing and boating, marinas, use of surface waters for active recreation (canoeing, kayaking, paddle boarding, etc.), historic preservation, cultural pursuits, and other compatible activities that make these smaller harbor areas appealing as tourist destinations and as commercial and residential areas. Particular consideration shall be given to the visual appeal and social bene its of smaller harbors that, in turn, can make signi icant contributions to the tourism industry.
Gateway Harbor in the City of Tonawanda can be considered a small harbor that provides bene it to the surrounding community. Although it does not possess all of the components of a traditional small harbor, Gateway Harbor attracts residents and visitors who come, overland and by water, to enjoy the amenities that are available in this area. Gateway Harbor is a regional destination that provides surface water and upland opportunities that should be protected, enhanced and, where appropriate, expanded. The City should strive to maintain and improve multi‐use trail connections and the facilities for recreational boaters and others who utilize the waters in this area. Amenities for the passive use and enjoyment of the upland area should be maintained and improved. Additionally, promotion of the historic identity of this area should be improved and expanded to recognize the harbor area as an important part of the City’s heritage.
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The following guidelines shall be used in determining the consistency of actions undertaken (or proposed to be undertaken) in the Gateway Harbor area with this policy:
1. Actions shall give priority to those traditional and/or desired uses that are dependent on, or enhanced by, a location adjacent to the Erie Barge Canal (Tonawanda Creek) and Ellicott Creek;
2. Actions should be designed to improve the use and enjoyment of this area and build on its importance as a destination, historic resource and location for public enjoyment.
3. Actions shall enhance and not detract from or adversely affect traditional uses that exist in the area and/or uses desired or anticipated in the area;
4. Actions shall not be out of character with, or lead to development that would be out of the character with, existing development in the vicinity in terms of the scale, intensity of use, and architectural character;
5. Actions must not lead to deterioration that would impact the area, i.e., a structure or property shall not be abandoned without protecting it against vandalism and/or structural decline;
6. Actions will not adversely affect the existing economic base of the community, i.e., waterfront development designed to promote residential development might be inappropriate in a harbor area where the economy is dependent upon tourism and recreational boating and ishing; and
7. Actions will not detract from views of the harbor area and local surface waters, particularly where visual quality is an important component of the appeal and identity of the Gateway Harbor area.
Policy 5 Encourage the location of development in areas where public services and facilities essential to such development are adequate
Explanation of Policy By its construction, taxing, funding and regulatory powers, government has become a dominant force in shaping the course of development. Through these government actions, development, particularly large‐scale development, in the waterfront area will be encouraged to locate within, contiguous to, or in close proximity to, existing areas of concentrated development where infrastructure
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and public services are adequate; and where topography, geology, and other environmental conditions are suitable for and can accommodate such development.
The above policy is intended to accomplish the following: strengthen existing residential, industrial and commercial centers; foster an orderly pattern of growth where outward expansion may be occurring; increase the productivity of existing public services and moderate the need to provide new public services in outlying areas; preserve open space in suf icient amounts and where desirable; and foster energy conservation by encouraging mixed use and denser development activities in appropriate areas.
For any action that would result in development or facilitate and serve future development, a determination shall be made as to whether the action is within, contiguous to, or in close proximity to an area of concentrated development where infrastructure and public services are adequate. In areas of the City of Tonawanda Local Waterfront Revitalization Area, where development is encouraged by this policy, the condition of existing public water and sewage infrastructure may necessitate improvements. Those State and Federal agencies charged with allocating funds for investments in water and sewer facilities should give high priority to the needs of City of Tonawanda for enabling waterfront revitalization.
Policy 6 Expedite permit procedures in order to facilitate the siting of development activities at suitable locations
Explanation of Policy The confusion, time delay and costs associated with the issuance of permits and approvals from all levels of government for development in the waterfront area is not always conducive to attracting investment in this area. For speci ic types of development activities, and in areas suitable for such development, state and local government agencies, including City of Tonawanda departments and agencies, will make every effort to coordinate and synchronize existing permit procedures and regulatory programs, as long as the integrity of the regulatory objectives are not jeopardized. These procedures and programs will be coordinated within each agency. Also,
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efforts will be made to ensure that each agency's procedures are coordinated with the procedures of other agencies at each level of government. To achieve this goal, if necessary, legislative and/or programmatic changes will be recommended. Finally, when proposing new regulations, an agency will determine the feasibility of incorporating these regulations within existing procedures, if this can reduce the burden on a particular type of development and does not jeopardize the integrity of the regulatory objectives.
3.2 FISH AND WILDLIFE POLICIES
Policy 7 Signi icant coastal ish and wildlife habitats will be protected, preserved, and where practical, restored so as to maintain their viability as habitats
Policy 7A Control Canada geese populations on public lands and the spread of aquatic invasive species in local waterways
Explanation of Policy Although the City of Tonawanda Local Waterfront Revitalization Area does not contain State‐designated Signi icant Coastal Fish and Wildlife Habitats, habitat protection is recognized as fundamental to assuring the survival of ish and wildlife populations in areas of local signi icance, such as Two‐Mile Creek and Ellicott Creek, as well as the undeveloped areas in the vicinity of the former City land ill. Additionally, the Niagara River is home to numerous species of ish that are important to a local and regional recreational ishing industry, and provides habitat of over‐wintering species of waterfowl.
In order to protect and preserve wildlife habitats of local signi icance, land and water uses or development shall not be undertaken if such actions would destroy or signi icantly impair the viability of an area as a habitat. When the action signi icantly reduces a vital resource (e.g., food, shelter, living space) or changes environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of an organism, then the action would be considered to "signi icantly impair" the habitat. Indicators of a signi icantly impaired habitat may include: reduced carrying capacity, changes in community structure (food chain relationships, species diversity), reduced productivity and/or increased incidence of disease and mortality.
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The range of generic activities most likely to affect locally signi icant ish and wildlife habitats include, but are not limited to the following:
1. Draining wetlands or other water bodies that would cause changes in vegetation, or changes in groundwater and surface water hydrology;
2. Filling wetlands, shallow areas of streams, which could change the physical character of substrate (e.g., from sandy to muddy, smother vegetation, alter surface water hydrology);
3. Grading land can result in the removal of vegetation, increased surface runoff, or increased soil erosion and downstream sedimentation;
4. Clear cutting can result in the loss of vegetative cover, increased luctuations in the amount of surface water runoff, or increased streambed scouring, soil erosion, sediment deposition;
5. Dredging or excavation may cause changes in substrate composition, possible release of contaminants otherwise stored in sediments, removal of aquatic vegetation, or changes in circulation patterns and sediment transport mechanisms;
6. Physical alteration of shore areas through channelization or construction of shoreline structures can result in changes to the volume and rate of low, or increased scouring and sedimentation; and
7. Introduction, storage or disposal of pollutants such as chemicals or other toxic materials, petrochemicals, solid wastes, pesticides, sewage ef luent, urban stormwater runoff, and/or leaching of hazardous and toxic substances stored in land ills can cause increased mortality or sub‐lethal effects on organisms, alter their reproductive capabilities, or reduce their value as food organisms.
The range of physical, biological and chemical parameters that should be considered as a part of habitat protection include, but are not limited to:
1. Physical parameters, such as living space, circulation, lushing rates, turbidity, water temperature, water depth, morphology, substrate type, vegetation, structure, erosion and sedimentation rates;
2. Biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population
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size, mortality rates, reproductive rates, behavioral patterns and migratory patterns; and
3. Chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxic and hazardous materials).
When a proposed action is likely to alter any of these biological, physical or chemical parameters beyond the tolerance range of the organisms that populate the habitat, the viability of that habitat has been signi icantly impaired or destroyed. Such action, therefore, would be inconsistent with this policy
Canada geese are a valuable natural resource that provides recreation and enjoyment to bird watchers, hunters, and the general public throughout New York State. However, in recent years, locks of local‐nesting or "resident" geese have become year‐round inhabitants of the parks and waterways in the Tonawanda LWRA and, too often, they cause signi icant problems. Expanses of short grass, abundant water resources, lack of natural predators, restricted hunting, and supplemental feeding have created an explosion in the number of resident geese. While most people ind a few geese acceptable, problems develop as local locks are growing. Problems include over‐grazed lawn areas, accumulations of droppings and feathers on play areas and walkways, nutrient loading to surface waters, public health concerns, aggressive behavior by nesting birds, and safety hazards near roads and multi‐use trails. To address problems with Canada geese in the City of Tonawanda LWRA, the following is recommended:
1. Work with GeesePeace to create a program for the management of Canada geese that is sustainable, economic, effective and non‐controversial, and engages the whole community in a coordinated, cooperative effort.
2. Manage resident Canada geese through population stabilization, habitat modi ications and site aversion so that the numbers of geese are in balance with other wildlife and no longer pose a signi icant problem in parks, public areas and recreational facilities.
3. Educate the public on the history of “resident” Canada geese, their unique behavior and why recreational feeding of geese and other wildlife is bad for the wildlife and the community.
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4. Consider adoption of local regulations that prohibits feeding of geese and other wildlife on public property.
Invasive species of aquatic plants and animals are a threat to the ecological integrity of the Niagara River watershed. Invasive species cause or contribute to:
1. Habitat degradation and loss,
2. Disruption of natural ecological processes,
3. The loss of native ish, wildlife and tree species, and
4. The loss of recreational opportunities and income.
Monitoring aquatic ecosystems is critical to preventing, detecting, and reducing the spread and impact of aquatic invasive species that threaten waters in the Niagara River watershed. Educating landowners as to the proper control and eradication of invasive plant species is a critical part of maintaining watershed health. Identifying and removing invasive species is a vital aspect of restoring ecological health. Early detection and response is critical for the effective control of invasive species. Another important, and often overlooked component, is the proper disposal of invasive plants. If not disposed of properly they will only contribute to the spread of new infestations.
Once established in a new environment, invasive species are often dif icult and expensive to eradicate. Although control efforts may be ineffective and costly, they are sometimes necessary in order to minimize or eliminate the invasive species’ impact on the environment. Complete eradication of invasive plants may be desirable; however, this is not always feasible. Controlling existing populations and preventing their spread in the City of Tonawanda LWRA is a more practical and attainable goal. There are three methods of control: mechanical, biological, and chemical. Control methods and timelines for treatment vary for each species. Therefore, consultation with the NYSDEC, the Western New York Partnership for Regional Invasive Species Management (WNYPRISM) or the Buffalo Niagara Riverkeeper is recommended prior to taking any action to control aquatic invasive species.
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Policy 8 Protect ish 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 signi icant sub‐lethal or lethal effects on those resources
Explanation of Policy Hazardous wastes are unwanted by‐products of manufacturing processes and are generally characterized as being lammable, corrosive, reactive, or toxic. More speci ically, hazardous waste is de ined in Environmental Conservation Law [S27‐0901(3)] as "waste or combination of wastes that because of its quantity, concentration, or physical, chemical or infectious characteristics may:
1. Cause, or signi icantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or otherwise managed."
A list of hazardous wastes (NYCRR Part 366) will be adopted by DEC within 6 months after EPA formally adopts its list.
The handling (storage, transport, treatment and disposal) of the hazardous materials is 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 ish and wildlife populations at levels that cause mortality or create physiological and behavioral disorders. Other pollutants of concern are those conventional wastes that are generated from point and non‐ point sources, and not identi ied as hazardous wastes, but controlled through other State laws.
Policy 9 Expand recreational use of ish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources
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Explanation of Policy Recreational uses of ish and wildlife resources in the City of Tonawanda Local Waterfront Revitalization Area (LWRA) include consumptive uses such as ishing, and non‐consumptive uses such as wildlife photography, bird watching and nature study and interpretation. Any efforts to increase the recreational use of ish and wildlife resources will be undertaken in a manner that ensures the protection of the resources in local surface water areas and surrounding natural upland areas, and that takes into consideration other activities dependent on these resources. Additionally, such efforts must be conducted in accordance with existing State and Local Law and in keeping with sound habitat management practices and considerations. Such considerations include biology of the species, carrying capacity of the resources, public demand, costs, and available technology.
The recreational and educational value of waterfront areas that have concentrations of ish and wildlife resources provides great bene it to the general public. This is particularly important in the upper Niagara River and the Erie Barge Canal (Tonawanda Creek), and to a lesser extent Ellicott Creek, which all offer quality ishing opportunities in the LWRA. Where feasible, access to existing resources, whether for consumptive or non‐consumptive activities, should be increased in these areas. Providing or enhancing access to Two‐Mile Creek for non‐consumptive activities should also be considered.
The following additional guidelines should be considered by Local, State and Federal agencies as they determine the consistency of their proposed actions with this policy:
1. Consideration should be given to whether or not an action will impede existing or future utilization of the City’s recreational ish and wildlife resources;
2. Efforts to increase access to recreational ish and wildlife resources in the LWRA should not lead to over‐utilization of that resource or cause impairment of the habitat. Sometimes impairment can be more subtle than actual physical damage to the habitat (for example, increased human presence can deter animals from using the habitat area);
3. The impacts of increasing access to recreational ish and wildlife resources should be determined on a case‐by‐case basis, and/or conferring with a trained ish and wildlife biologist; and
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4. Any public or private sector initiatives to supplement existing stocks (e.g., stocking a stream with ish reared in a hatchery) or develop new must be done in accordance with existing State Law.
Policy 10 Further develop commercial in ish, shell ish, and crustacean resources in the coastal area by encouraging the construction of new, or improvement of existing on‐ shore commercial ishing facilities, increasing marketing of the state's seafood products, maintaining adequate stocks, and expanding aquaculture facilities
Explanation of Policy There is no commercial in ish, shell ish or crustacean industry in the City of Tonawanda local waterfront revitalization area, and no on‐shore commercial ishing facilities. Therefore, this policy is not applicable.
3.3 FLOODING AND EROSION HAZARDS POLICIES
Policy 11 Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by looding and erosion
Explanation of Policy This policy seeks to protect life, structures and natural resources from the hazards of looding and erosion. The policy re lects City of Tonawanda looding damage regulations and provides measures for the reduction of hazards and protection of resources. The provisions of this policy are applicable to the loodplain areas adjacent to the Niagara River, the Erie Barge Canal (Tonawanda Creek), Ellicott Creek, and the lower reach of Two‐Mile Creek.
The City of Tonawanda waterfront contains lood zones that have been designated by the Federal Emergency Management Agency and are depicted on Flood Insurance Rate Maps, which were updated in September 2008. The City participates in the National Flood Insurance Program and development in the loodplain is regulated under Chapter 34 of the Town Code –Floods. This law is designed to promote the public health, safety and general welfare and to minimize public and private loss due to lood conditions in speci ic areas, as designated on the Flood Insurance Rate Maps. Pursuant to Chapter 34, all
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construction and other development that is proposed within regulated areas of special lood hazards (100‐year loodplains) requires a permit from the City Floodplain Administrator and must be in compliance with the standards outlined in the Floods Law (which are included in the Appendix **).
The City of Tonawanda is a member of the Western New York Stormwater Coalition and adopted a Stormwater Management Law in to address the impacts of stormwater runoff that are associated with land development activities. City Land development activities can result in looding, stream channel erosion, and sediment transport and deposition in local waterways that impacts aquatic life and habitat. This law is aimed at controlling clearing and grading during construction, reducing loadings of waterborne pollutants, ensuring proper design and construction of stormwater control devices and implementation of stormwater management practices, and stemming economic losses that result from the impacts of faulty and unregulated stormwater discharges.
To further address water quality and sediment and erosion problems in the community, the City adopted a shared Stormwater Management Plan that was prepared by the Coalition, as a compliment to the law. This Plan addresses public education and outreach, public participation, illicit discharge detection and elimination, control of runoff from construction sites, post‐construction stormwater management and pollution prevention, and other best management practices to address other sources of non‐point source pollution that are conveyed by stormwater runoff. This plan should be followed and kept up to date.
The natural shoreline has an inherent natural, social, and economic value that should be respected to ensure continuing bene its. Hardening of the shoreline should be avoided except when alternative means, such as soft engineering alternatives and re‐vegetation, are impractical to protect principal structures or extensive public investment (land, infrastructure, and facilities). Therefore, those portions of the Niagara River and Erie Canal shorelines that are not forti ied should generally remain in a natural condition to respond to natural processes. Areas of the shoreline that have been hardened should be returned to a natural condition wherever feasible and appropriate. Necessary shoreline protection structures that are in disrepair should be renovated.
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Pursuant to City of Tonawanda Floods Law, no structure in an area of special lood hazard shall be constructed, located, extended, converted, or altered, and no land shall be excavated or illed without full compliance with the terms of the law and any other applicable regulations. The law includes standards that apply to new development, including new and substantially improved structures, in the areas of special lood hazard shown on the Flood Insurance Rate Maps for the City of Tonawanda. Standards that apply to the construction of all structures in the Local Waterfront Revitalization Area include the following.
New structures and substantial improvement to structures in areas of special lood hazard shall be anchored to prevent lotation, collapse, or lateral movement during the base lood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
1. Construction materials and methods.
a. New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to lood damage.
b. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize lood damage.
c. For enclosed areas below the lowest loor of a structure within Zones A1‐A30, AE or AH, and also Zone A if base lood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest loor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to looding, designed to automatically equalize hydrostatic lood forces on exterior walls by allowing for the entry and exit of loodwaters. Designs for meeting this requirement must either be certi ied by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to looding; and ii. The bottom of all such openings no higher than one foot above the lowest adjacent inished grade.
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Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of loodwaters. Enclosed areas sub‐grade on all sides are considered basements and are not permitted.
The following standards apply to all new subdivision proposals and other proposed development in areas of special lood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):
a. Proposals shall be consistent with the need to minimize lood damage; b. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize lood damage; and, c. Adequate drainage shall be provided to reduce exposure to lood damage.
The following standards apply to new and substantially improved residential structures located in areas of special lood hazard.
1. Within Zones A1‐A30, AE and AH and also Zone A, if base lood elevation data are available, new construction and substantial improvements shall have the lowest loor (including basement) elevated to or above two feet above the base lood elevation.
2. Within Zone A, when no base lood elevation data are available, new and substantially improved structures shall have the lowest loor (including basement) elevated at least three feet above the highest adjacent grade.
3. Within Zone AO, new and substantially improved structures shall have the lowest loor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number speci ied in feet on the City's Flood Insurance Rate Map (at least two feet if no depth number is speci ied).
4. Within Zones AH and AO, adequate drainage paths are required to guide lood waters around and away from proposed structures on slopes.
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The following standards apply to new and substantially improved commercial, industrial and other non‐residential structures located in areas of special lood hazard.
1. Within Zones A1‐A30, AE and AH, and also Zone A if base lood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
a. Have the lowest loor, including basement or cellar, elevated to or above two feet above the base lood elevation; or
b. Be lood proofed so that the structure is watertight below two feet above the base lood elevation with walls substantially impermeable to the passage of water. All structural components located below the base lood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
2. Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
a. Have the lowest loor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number speci ied in feet on the community's FIRM (at least two feet if no depth number is speci ied), or
b. Together with attendant utility and sanitary facilities, be completely loodproofed to that level to meet the loodproo ing standard speci ied in Section 34‐104(1)(b) of the City Code.
c. If the structure is to be loodproofed, a licensed professional engineer or architect shall develop and/or review structural design, speci ications, and plans for construction. A loodproo ing certi icate or other certi ication shall be provided to the local loodplain administrator that certi ies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 34‐ 104(1)(b) of the City Code, including the speci ic elevation (in relation to mean sea level) to which the structure is to be loodproofed.
d. Within Zones AH and AO, adequate drainage paths are required to guide lood waters around and away from proposed structures on slopes.
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e. Within Zone A, when no base lood elevation data are available, the lowest loor (including basement) shall be elevated at least three feet above the highest adjacent grade.
The following standards apply to manufactured homes and to recreational vehicles which are located in areas of special lood hazard.
1. Recreational vehicles placed on sites within Zones A1‐A30, AE and AH shall either:
a. Be on site fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use; or
c. Meet the requirements for manufactured homes as speci ied in Sub‐ sections 34‐105(2), (3) and (4) of the City Code.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
2. A manufactured home that is placed or substantially improved in Zones A1‐ A30, AE and AH shall be elevated on a permanent foundation such that the lowest loor is elevated to or above two feet above the base lood elevation and is securely anchored to an adequately anchored foundation system to resist lotation, collapse and lateral movement.
3. Within Zone A, when no base lood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist lotation, collapse or lateral movement.
4. Within Zone AO, the loor shall be elevated above the highest adjacent grade at least as high as the depth number speci ied on the Flood Insurance Rate Map enumerated in section 34‐62 (at least two feet if no depth number is speci ied).
Encroachments:
1. Within Zones A1‐A30 and AE, on streams without a regulatory loodway, no new construction, substantial improvements or other development (including ill) shall be permitted unless:
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a. The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base lood more than one foot at any location; or
b. The City of Tonawanda agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Tonawanda for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Tonawanda for all costs related to the inal map revision.
2. On streams with a regulatory loodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted for the City of Tonawanda, no new construction, substantial improvements or other development in the loodway (including ill) shall be permitted unless:
a. A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in lood levels during occurrence of the base lood, or
b. The City of Tonawanda agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and loodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Tonawanda for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Tonawanda for all costs related to the inal map revisions.
Utilities:
1. New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base lood elevation or be designed to prevent water from entering and accumulating within the components during a lood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base lood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New
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York State or the Residential Code of New York State for location of such items in wet locations;
2. New and replacement water supply systems shall be designed to minimize or eliminate in iltration of loodwaters into the system;
3. New and replacement sanitary sewage systems shall be designed to minimize or eliminate in iltration of loodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base lood elevation shall be provided with automatic back low valves or other automatic back low devices that are installed in each discharge line passing through a building's exterior wall; and
4. On‐site waste disposal systems shall be located to avoid impairment to them or contamination from them during looding.
Policy 12 Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from looding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs
Explanation of Policy There are no beaches, dunes, barrier islands, bluffs, or other natural protective features in the City of Tonawanda Local Waterfront Revitalization Area. Therefore, this policy is not applicable.
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 Ensure that erosion protection in the City of Tonawanda LWRA is suf icient to protect upland areas from looding and erosion
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Explanation of Policy Various form of erosion protection are widely used throughout the City of Tonawanda Local Waterfront Revitalization area. However, because of improper design, construction, maintenance and age, some fail to give the protection that they were originally intended to provide. As a result, certain development may be sited in areas where it is subject to damage or loss due to erosion. This policy is designed to help ensure erosion protection structures in the LWRA are constructed or reconstructed to provide effective, long‐term protection in an effort to reduce such damage or loss. This is particularly important where public funds are used for the construction or reconstruction of these structures.
There are certain areas in the LWRA where erosion protection structures are in need of repair. One area in particular includes the corrugated metal bulkheading that extends along the shoreline of the Niagara River, seaward of the Niagara Shores residential development, and extending into and along the southern shoreline of the Erie Barge Canal (Tonawanda Creek). Although vessel speeds in the Canal and in Ellicott Creek are reduced, thereby reducing the potential for shoreline erosion, there are additional areas along these waterways where repairs would help improve protection for shoreline properties. Any improvements in these areas must ensure effective and long‐ term protection.
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 looding at the site of such activities or development, or at other locations
Explanation of Policy Erosion and looding are processes that 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:
1. The use of erosion protection structures, such as seawalls or impermeable docks, that interfere with the littoral transport of sediment to adjacent shorelands, thus increasing their rate of erosion;
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2. The failure to observe proper drainage or land restoration practices, thereby causing run‐off and the erosion and weakening of the shoreline; and 3. The placement of structures in identi ied loodways so that the base lood level is increased, causing damage to otherwise hazard‐free areas.
No activity or development should be undertaken in the City of Tonawanda Local Waterfront Revitalization Area that would result looding or erosion, or any measurable increase of such.
Policy 15 Mining, excavation or dredging in coastal waters shall not signi icantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land
Explanation of Policy Coastal processes, including the movement of shoreline sediment by water, and any dredging in nearshore or offshore waters that changes the supply and net low of such materials, can deprive shorelands of their natural regenerative powers. Dredging activities in the Niagara River or Erie Barge Canal (Tonawanda Creek) should be accomplished in a manner that does not cause a reduction of supply, and thus an increase of erosion, to adjacent shorelands. There are not offshore mining or excavation activities in the local waterfront revitalization area.
Policy 16 Public funds shall only be used for erosion protective 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 bene its outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features
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Explanation of Policy Public funds are used for a variety of purposes along waterfronts throughout the State. This policy recognizes the public need for the protection of human life and existing development along the shoreline in the City of Tonawanda, as well as new development that desires a location adjacent to coastal waters. However, the adverse impacts of such development activities on the rate of erosion and on natural protective features that guard against looding and erosion is also recognized. Therefore, the construction of erosion protection structures in the City of Tonawanda Local Waterfront Revitalization Area requires that a thorough analysis of the long‐term costs and bene its of such action be undertaken before any expenditure of public funds for this action.
Policy 17 Non‐structural measures to minimize damage to natural resources and property from looding and erosion shall be used whenever possible
Explanation of Policy This policy recognizes both the potential adverse impacts of looding and erosion upon development and natural protective features in the coastal area, as well as the costs of providing structural protection against those hazards. This policy shall apply to the planning, siting and design of proposed activities and development, including measures to protect existing development and resources against looding and erosion in the City of Tonawanda Local Waterfront Revitalization Area. To ascertain consistency with this policy, it must be determined if any one, or a combination of, non‐structural measures would afford the degree of protection appropriate to safeguard the character and purpose of the resources, activities or development to be protected. If non‐structural measures are determined to offer suf icient protection, then consistency with the policy would require the use of such measures, whenever possible. Non‐structural measures include, but not be limited to the avoidance of risk or damage from looding by the siting of buildings outside the hazard area, and the lood‐proo ing of buildings or their elevation about the base lood level.
Various forms of shoreline protection are in place along much of the Niagara River and portions of the Erie Barge Canal/Tonawanda Creek and Ellicott Creek to protect the shoreline from erosion. Shoreline protection structures include corrugated metal sheet piling, wood pilings, stone rip rap or concrete
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rubble and concrete seawalls, depending on the location. The restricted vessel speed limit on the Erie Barge Canal/Tonawanda Creek and Ellicott Creek helps to control deterioration along the shoreline from wave action. Therefore, there is not a lot of erosion control protection installed along these waterways. More intensive erosion protection is found along the Niagara River and along the mouth of Tonawanda Creek.
While shoreline hardening (use of stone rip rap and rubble) may provide temporary relief from erosion in areas subjected to intense storms and wave action or current, structural measures (concrete walls or sheet piling) are expensive to install, degrade shoreline habitat, interrupt natural shoreline processes and may act to transfer erosion problems to adjacent areas. Alternative shoreline management techniques exist and should be considered for use as a irst or next step for erosion protection in problem area, whenever possible. Examples of alternative measures for protecting the shoreline include bioengineering techniques and planted buffers that utilize deep rooted vegetation. These alternative solutions can result in a more naturalized shoreline, which has ecological and aesthetic bene its. Hard structural erosion protection measures should only be uses as a last alternative, where there is a documented erosion problem and where alternative measures have been proven to be inadequate to protect the principal use.
In determining whether or not non‐structural measures will afford the degree of protection appropriate to protect against looding and erosion, an analysis of existing conditions should be prepared. Where necessary, this analysis should include plans or sketches of the site and the protection measures proposed as mitigation.
3.4 GENERAL POLICY
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 that the State has established to protect valuable coastal resource areas
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Explanation of Policy Proposed major actions may be undertaken in the City of Tonawanda Local Waterfront Revitalization Area if it is determined that they will not signi icantly impair valuable coastal waters and resources. This will ensure the achievement of the safeguards that the City and State have established to protect valuable waterfront resources. Proposed actions must take into full account the social, cultural, economic and environmental interests of the City and State, and their citizens, in such matters that would affect natural resources, water levels and lows in the Niagara River and local creeks, shoreline conditions, historic and scenic resources, recreation opportunities, public access, and the prosperity of interests in the waterfront area.
3.5 PUBLIC ACCESS POLICIES
Policy 19 Protect, maintain, and increase the level and types of access to public water‐related recreation resources and facilities
Policy 19A Expand access opportunities to water‐related recreational amenities in the LWRA
Policy 19B Improve Signage and Way inding to improve public access throughout the LWRA
Policy 19C Evaluate improvements for pedestrian safety, public access and way inding along Niagara Street
Explanation of Policy This policy calls for achieving a balance among the following factors:
the level of access to a water‐related recreational resource or facility, the capacity of a resource or facility to sustain use, and the protection of natural resources.
An imbalance among these factors is typical in urban area and is often due to access‐related problems. Therefore, priority shall be given to improving
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physical access to existing and potential water‐related recreation sites within the City of Tonawanda Local Waterfront Revitalization Area (LWRA), and to increasing the ability of residents and others to get to water ‐related recreation areas. The particular water‐related recreation resources and facilities that should receive priority for improved access in the LWRA are public parks, boating facilities, ishing areas and waterfront trails. In addition, because of the greater competition for waterfront locations within LWRA, this policy encourages mixed use areas and the multiple use of facilities, where feasible, to improve access.
The following 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 by the public body having jurisdiction over such access as the result of a reasonable justi ication of the need to meet system‐wide objectives.
a. Access means the ability and right of the public to reach and use public lands and waters in the LWRA.
b. Public water‐related recreation resources of facilities include all public lands or facilities that are suitable for passive or active recreation requiring either water or a waterfront location or are enhanced by a waterfront location.
c. Public lands or facilities are 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 and the foreshore.
d. A reduction in the existing level of public access includes, but is not limited to:
i. The number of parking spaces at a public water‐related recreation resource or facility is signi icantly reduced;
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ii. The service level of public transportation to a public water‐related recreation resource or facility is signi icantly reduced during peak season use and such reduction cannot be reasonably justi ied in terms of meeting system‐wide objectives; and
iii. 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.
e. An elimination of the possibility of increasing public access in the future includes, but is not limited to:
i. Construction of public facilities that physically prevent the provision, except at great expense, of convenient public access to public water‐related recreation resources and facilities;
ii. Sale, lease, or other transfer of public lands that could provide public access to a public water‐related recreation resource or facility; or
iii. Construction of private facilities that physically prevent the provision of convenient public access to public water‐related recreation resources or facilities from public lands and facilities.
2. Any proposed project to increase public access to public water‐related recreation resources and facilities shall be evaluated according to the following factors:
a. The level of access to be provided should be in accordance 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 that would exceed the physical capability of the resource or facility. If this is determined to be the case, the proposed level of access to be provided shall be deemed inconsistent with the policy.
3. The City and State will not undertake or fund any project that increases access to a water‐related resource or facility that is not open to all members of the public.
The City shall evaluate opportunities to increase access to existing water‐ related recreation facilities and provide such access to enhance public use. Sites that could bene it from increased access include, but are not limited to:
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1. Two‐ Mile Creek lacks suf icient access points where the public can enjoy scenic viewing and nature study.
2. The rails to trails system needs to be constructed from State Street to East Niagara Street to provide an essential linkage from Young and State Street to the waterfront. This would enable a connection between the City of Tonawanda waterfront with the Town of Tonawanda and City of Buffalo to the south.
3. Access should be improved to Eastern Park, which is in an isolated portion of the LWRA. The future extension of the multi‐use trail along the abandoned railroad corridor should be tied into this park.
4. The lands behind the City Department of Public Works facility, which fronts along the east side of Ellicott Creek, should be improved to enable public access for passive recreation.
5. The lands located along the shoreline of the Erie Barge Canal (Tonawanda Creek), seaward of East Niagara Park, should be improved to enable visual access for park users, as well as those who utilize the Erie Canalway Trail.
6. In general, way inding throughout the waterfront area should be improved to enable residents and visitors who use local parks, the trail system and other water‐related facilities to easily navigate from place to place, particularly through the downtown area near Gateway Park.
There are three trail systems that extend and interconnect through the LWRA: the Shoreline Trail, the Two‐Mile Creek Greenway and the Erie Canalway Trail. The signage that exists throughout the system provides useful information, but there are areas where more way inding information is required. In particular, the section of the Shoreline Trail that extends from the shoreline of the Erie Barge Canal (Tonawanda Creek) at Seymour Street to Gateway Harbor Park needs improvement. This portion of the trail continues along surface streets and can be confusing for the user. As a whole, the full extent of the signage along the trails should be reviewed and evaluated to identify where enhancements/improvements could be made.
Niagara Street extends along the length of Niawanda Park and provides access to other public recreation facilities and waterfront businesses that are supported by residents and visitors to the park and other facilities. This
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roadway is a primary route that provides vehicular access between the Town of Tonawanda and the Cities of Tonawanda and North Tonawanda. It carries a high volume of traf ic during certain times of the day, throughout the year. Roadway crossings and the connections to and between the park facilities, local businesses and upland residential areas are in dire need of improvement to address pedestrian safety issues. The entire area of Niagara Street, between the western Town boundary are Two‐Mile Creek Road and Bouck Street, near City Hall, needs to be studied to identify areas for improvement, potential solutions to existing access problems, and to establish a way inding systems to improve connections throughout the area. Pedestrian movement must be examined beyond the Shoreline Trail; the southern edge of Niawanda Park must also be studies. Additionally, the access corridors that extend from the upland residential areas to Niawanda Park must be looked at. The result of this evaluation should be a master plan that provides recommendations and implementation strategies to address all the issues that exist in this area to improve public access, public safety and way inding.
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 shall be provided in a manner compatible with adjoining uses
Explanation of Policy In coastal areas where there are limited or no recreation facilities that provide water‐related recreational activities, access to the publicly‐owned lands at large should be provided for activities and pursuits that require only minimal facilities. Such access could provide opportunities for scenic viewing or shoreline ishing. Similar activities requiring access include bicycling, bird watching, photography, and nature study. For these types of activities, there are several methods for providing access that should receive priority attention. These include the development of a shoreline trail system, the provision of access across transportation facilities to the waterfront, the improvement of access to waterfront areas in urban centers, and the promotion of mixed and multi‐use development that provide shoreline access to waterfront areas.
The City of Tonawanda waterfront offers a wide number of opportunities for access to the public foreshore and the water’s edge. Parkland and a shoreline
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trail system that spans Two‐Mile Creek, the Niagara River and the Erie Barge Canal, provide additional access opportunities. These opportunities shall be protected and maintained. There are also areas where access to the public foreshore and lands adjacent to the water’s edge could be improved, including, but not limited to, the land seaward of East Niagara Park and Two‐Mile Creek.
While publicly‐owned lands referenced in the policy shall be retained in public ownership (see Section 2.4.5 in the Inventory), the issuance of easements on lands underwater to adjacent onshore property owners is consistent with this policy, provided such easements do not substantially interfere with continued public use of the public foreshore on which the easement might be granted. Also, the public use of publicly‐owned underwater lands and lands immediately adjacent to the shore shall be discouraged where such use would be inappropriate for reasons of public safety or the protection of fragile coastal resources. The regulation of projects and structures that are proposed to be constructed on or over lands underwater is necessary to:
1. Ensure the responsible management of underwater lands and to protect the vital assets of the State that are held in public trust, and
2. Ensure that the exercise of riparian rights and access to navigable waters by waterfront property owners shall be consistent with the public interest and does not interfere with reasonable public use of, and access to, public trust lands and navigable waters for the purposes of navigation, commerce, ishing, recreation, environmental and aesthetic protection, and other such pursuits.
The following guidelines will be used in determining the consistency of a proposed action with this policy:
1. Existing level of public access from adjacent or proximate public lands or facilities to existing public waterfront lands and/or 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 coastal lands and/or waters be eliminated, unless such actions are demonstrated to be of overriding local, regional or Statewide public bene it or, in the latter case, estimates of future use of these lands and waters are too low to justify maintaining or providing increased access. In addition, the existing level of
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public access within public coastal lands and/or waters shall not be reduced or eliminated.
a. A reduction in the existing or anticipated level of public access includes, but is not limited, to:
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 eliminated because of hazardous crossings required at new or altered transportation facilities, electric power transmission lines, or similar linear facilities.
b. An elimination of the possibility of increasing public access in the future includes, but is not limited to:
1) Construction of public facilities that physically prevent the provision, except at great expense, of convenient public access to public coastal lands and /or waters.
2) Construction of public facilities that physically prevent the provision, except at great expense, of convenient public access to public coastal lands and /or waters.
2. Public access from the nearest public roadway to the shoreline and along the waterfront shall be provided by new land uses or development, except where:
a. It is inconsistent with public safety, military security, or the protection of identi ied fragile coastal resources; or
b. Adequate access exists within one‐half mile.
3. The City and State will not undertake or directly fund any project that increases access to a water‐related resource or facility that is not open to all members of the public.
4. Proposals for increased public access to coastal lands and/or waters shall be evaluated according to the following factors:
a. The level of access to be provided should be in accordance 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 that would exceed the physical capability of the coastal lands and/or waters.
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If this is determined to be the case, the proposed level of access to be provided shall be deemed inconsistent with the policy.
5. In making any grant, lease, permit, or other conveyance of land now or formerly underwater, there shall be reserved such interests or attached such conditions to preserve the public interest in the use of State‐owned lands underwater and waterways for navigation, commerce, ishing, bathing, recreation, environmental protection, and access to the navigable waters of the State. In particular, the granting of publicly owned underwater or formerly underwater lands to private entities will be limited to exceptional circumstances only.
3.6 RECREATION POLICIES
Policy 21 Water‐dependent and water‐enhanced recreation will be encouraged and facilitated, and will be given priority over non‐water‐related used along the coast
Explanation of Policy Water‐related recreation includes such activities as boating, swimming, and ishing, as well as certain activities that are enhanced by a waterfront location and increase the general public's access to the shoreline, such as multi‐use trails, picnic areas, scenic overlooks and passive recreation areas that take advantage of scenic resources. The development of water‐related recreation in the City of Tonawanda Local Waterfront Revitalization Area (LWRA) shall be consistent with the preservation and enhancement of important coastal resources, such as ish and wildlife habitats, aesthetically signi icant areas, and historic and cultural resources. Water‐related recreational development in the LWRA should be designed to meet demand and shall take preference over the development of non‐water‐related recreational uses. These facilities should have access to public transportation services. The siting or design of new development in the LWRA that would result in a barrier to the recreational use of waterfront shall be avoided.
The City of Tonawanda bene its from a wide array of water‐related recreational uses, including waterfront trails, parks and boating facilities. These uses should be maintained and enhanced, where appropriate, expanded to increase opportunities for public use.
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At present, opportunities to increase locations for shoreline ishing should be encouraged. The provision of adequate boating services to meet future demand is also encouraged, where feasible. The siting of boating facilities must be consistent with the preservation and enhancement of other coastal resources and their capacity to accommodate demand. Where the provision of new public boating facilities is essential for meeting this demand, such public actions should avoid competition with private boating development. Boating facilities will, as appropriate, include parking, park‐like surroundings, restrooms and pump‐out facilities.
Other areas in the LWRA where recreational facilities could be expanded or improved include the former City of Tonawanda Land ill. This facility should be reused for passive recreation. Niawanda Park is another location that has the potential for expanded use, including the provision of additional activities for children. This park should be evaluated for improvement. Erie County should also be encouraged to undertake maintenance improvements and enhancements to Isle View Park.
Policy 22 Development, when located adjacent to the shore, will provide for water‐related recreation, whenever such use is compatible with reasonably anticipated demand for such activities, and is compatible with the primary purpose of the development
Explanation of Policy Many developments present practical opportunities for providing recreation facilities or uses as an additional use on the site. Therefore, whenever developments are located adjacent to the shore, they should, to the fullest extent permitted by existing law, provide for some form of water‐related recreation use unless there are compelling reasons why any form of such recreation would not be compatible with the development, or a reasonable demand for public water‐related recreational use cannot be foreseen in the area.
The types of development that can generally provide water‐related recreation as a multiple use include, but are not limited to parks, highways, utility transmission rights‐of‐way, schools, nature preserves (restricted to passive
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activities), residential subdivisions, shopping centers and of ice buildings. Prior to taking action relative to any development proposal in the LWRA, the City should determine if water‐related recreation is feasible as a companion use. Such use should be consistent with LWRP policies and help to increase public use of the waterfront.
3.7 HISTORIC AND SCENIC RESOURCES POLICIES
Policy 23 Protect, enhance and restore structures, districts, areas or sites that are of signi icance in the history, architecture, archaeology or culture of the state, its communities, or the nation
Policy 23A Protect, enhance and restore structures, areas or sites that are of signi icance in the history, architecture or culture of the City of Tonawanda waterfront
Explanation of Policy Among the most valuable of the State's man‐made resources are those structures or areas that are of historic, archaeological, or cultural signi icance. The protection of these structures must involve a recognition of their importance by all agencies and the ability to identify and describe them. Protection must include concern not just with speci ic sites but with areas of signi icance, and with the area around speci ic sites. This policy is not to be construed as a passive mandate, but must include active efforts, when appropriate, to restore or revitalize historic and cultural resources through adaptive reuse. Of particular concern is the preservation of historic and cultural resources that have a relationship with the waterfront. Additionally, this
The resources located within the City of Tonawanda Local Waterfront Revitalization Area that are of historic, architectural, archaeological or cultural signi icance and should be protected under this policy include the following:
1. Any resource that is on, nominated to be on, or determined eligible to be on the National or State Registers of Historic Places;
2. Any resource that is on or nominated to be on the State Nature and
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Historic Preserve Trust;
3. Any archaeological resource that is on the State Department of Education's inventory of archaeological sites; and
4. Any locally designated or signi icant historic landmark, structure, site or district.
All practicable means to protect structures, districts, areas or sites that are of signi icance in the history, architecture, archaeology or culture of the City, State and Nation shall be deemed to include the consideration and adoption of any techniques, measures, or controls to prevent a signi icant adverse change to these resources. A signi icant 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 archaeological resource, or component thereof. Such features are de ined as encompassing the style and general arrangement of the exterior of a structure and any original or historically signi icant interior features including type, color and texture of building materials; entry ways and doors; fenestration; lighting ixtures; roo ing; sculpture and carving; steps; rails; fencing; windows; vents and other openings; grillwork; signs; canopies; and other appurtenant ixtures and, in addition, all buildings, structures, outbuildings, walks, fences, steps, topographical features, earthworks, paving and signs located on the designated resource property. (To the extent they are relevant, the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" shall be adhered to).
2. Demolition or removal in full or part of a building, structure, or earthworks that is a recognized historic, cultural, or archaeological resource or component thereof, to include all those features described in (a) above plus any other appurtenant ixtures 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 archaeological resource and all actions within an historic district that would be incompatible with the objective of preserving the quality and integrity of the resource. Primary considerations to be used in making judgement about compatibility should focus on the visual and positional relationship
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between the proposed action and the special character of the historic, cultural, or archaeological resource. Compatibility between the proposed action and the resource means that the general appearance of the resource should be re lected in the architectural style, design material, scale, proportion, composition, mass, line, color, texture, detail, setback, landscaping and related items of the proposed actions. With 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 construction, reconstruction, alteration, or demolition of any building, structure, earthworks, or component thereof of a recognized historic, cultural or archaeological resource that has been of icially certi ied as being imminently dangerous to life or public health. Nor shall this policy prevent the ordinary maintenance, repair, or proper restoration of any resource or component thereof in accordance with the U.S. Department of Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as long as it does not involve a signi icant adverse change to the resource, as de ined above.
The City of Tonawanda waterfront has a long and colorful history that is tied to the development and operation of the Erie Canal. There are a number of sites and resources that still exist in the waterfront area that are associated with this era in the City’s history (see Section 2.8 in the Inventory). Resources such as the Long Homestead, railroad trestle bridges, buildings in the downtown and the Erie Barge Canal, among others, are examples of the wealth of history that exists in the area that should be better recognized and appreciated. These sites and resources should be preserved, but also further exposed and interpreted in an effort to celebrate the heritage of this area with the public.
Any effort to better identify and interpret signi icant sites and areas along the waterfront should be explored and encouraged to enhance the educational and cultural value of local historic resources. This should include the installation of signage, public workshops, resource restoration and similar efforts. Improvements to the way inding signage system throughout the waterfront area should also include historic interpretation features, where appropriate.
Additionally, the Long Homestead property is a large property located at the con luence of Ellicott Creek and the Erie Barge Canal (Tonawanda Creek). The
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Considering the historic resources that exist in the Tonawanda LWRA, the City does not have an entity that oversees the protection of these resources. In accordance with the City of Tonawanda Comprehensive Plan, the City should establish a Historic Preservation Commission or similar body to identify buildings and other resources in the LWRA (and community) that warrant recognition and protection, and to ensure that existing resources are preserved.
Policy 24 Prevent impairment of scenic resources of statewide signi icance
Explanation of Policy There are no scenic resources of statewide signi icance in the City of Tonawanda local waterfront revitalization area. Therefore, this policy is not applicable.
Policy 25 Protect, restore or enhance natural and man‐made scenic resources that are not identi ied as being of statewide signi icance, but that contribute to the overall scenic quality of the coastal area
Explanation of Policy The City of Tonawanda is located along three separate waterbodies that contribute to the scenic quality of the area and provide a wide array of opportunities for scenic viewing and enjoyment. As noted in the Inventory section of the LWRP, Niagara Street is a segment of the New York State Great Lakes Seaway Trail and a designated National and State Scenic By‐Way. Actions shall be undertaken to protect, restore, improve or enhance the overall scenic quality of the waterfront wherever possible and feasible. Activities that could impair or further degrade scenic quality, such as irreversible modi ication of natural landforms or the installation of structures that would impact views, should be avoided.
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Areas of visual interest in the City of Tonawanda Local Waterfront Revitalization area (LWRA) vary, depending on the location. Where some areas naturally, or have been improved to, provide scenic vistas, there are areas where views could be improved. These include, but are not limited to, certain sections of Erie Barge Canal (Tonawanda Creek), in particular seaward of East Niagara Park; select sections of Ellicott Creek, including the lower reach near Gateway Park and the area behind the City Department of Public Works facility; and appropriate locations along Two‐Mile Creek to improve opportunities for passive enjoyment of this creek. Additionally, focus should be placed on enhancements that would improve views/view corridors of the Niagara River from upland residential areas.
Entrances into the City and the waterfront area should be aesthetically improved as “gateways” to highlight the fact that visitors and others are entering the LWRA and to enhance the visual quality of these areas, as needed. Particular emphasis shall be placed on improving the area in the vicinity of Two‐Mile Creek Road and Niagara Street as a gateway, as this is a location where people are entering the City and the waterfront area, as well as continuing along the Seaway Trail and a Scenic By‐Way. Similar gateway treatments should be employed at the east end of East Niagara Street and in certain locations in the downtown to highlight the importance of these areas.
The siting and design guidelines listed below should be considered for proposed actions in the local waterfront revitalization area. More emphasis may need to be placed on the removal of existing elements, especially those that degrade, and on the addition of new elements or other changes that could enhance visual quality. Removal of vegetation at key locations to improve visual access to coastal waters is one such change that might be expected to enhance scenic quality. However, discretion should be used to ensure that this action does not adversely affect other important resources in the waterfront area, i.e., the removal of trees in Niawanda Park that provide shade and add aesthetic character to the park.
The following siting and facility‐related guidelines shall be used to achieve the intent of this policy, recognizing that each development situation is unique and that the guidelines will have to be applied accordingly.
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1. Avoiding loss of existing visual access and protecting view corridors provided by streets and other public areas leading to the waterfront and using structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views.
2. Siting structures and other development such as highways, power lines, and signs, back from shoreline or in other inconspicuous locations to maintain the attractive quality of the waterfront and to retain views to and from this area;
3. Clustering or orienting structures to retain views, save open space and provide visual organization to a development;
4. Providing view corridors to the waterfront in those locations where new structures would block views of the waterfront from inland public vantage points.
5. Carefully incorporating existing structures (especially historic buildings) into the overall development scheme of the waterfront;
6. Removing deteriorated and/or degrading elements from the view;
7. Maintaining or restoring original land forms, except when changes screen unattractive elements and/or add appropriate interest;
8. Maintaining or adding vegetation 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 when selective clearing appropriately creates views of coastal waters;
9. Using appropriate materials, in addition to vegetation, to screen unattractive features and elements;
10. Allowing the vegetative or structural screening of an industrial or commercial waterfront site if the resulting overall visual quality outweighs the loss of visual access.
11. Using appropriate scales, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape, and do not block existing visual access.
12. Providing interpretative exhibits at appropriate locations for visual access to enhance public understanding and enjoyment of views of waterfront lands and waters.
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13. Providing visual access to areas of high visual quality including community waterfronts, water‐dependent uses, natural resources, and panoramas of the Niagara River and Erie Barge Canal.
3.8 AGRICULTURAL LANDS POLICY
Policy 26 Conserve and protect agricultural lands in the state's coastal area
Explanation of Policy There are no agricultural lands in the City of Tonawanda. Therefore, this policy is not applicable.
3.9 ENERGY AND ICE MANAGEMENT POLICIES
Policy 27 Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location
Explanation of Policy Demand for energy in New York will increase, although at a rates lower 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. There are no land uses in the City of Tonawanda Local Waterfront Revitalization Area (LWRA) that generate energy through the burning of oil, gas or coal.
Furthermore, there are no lands in the LWRA that can be used for this purpose. Additionally, energy generating and transmission facilities that utilize non‐renewable resources are considered inappropriate uses that would not provide signi icant public bene it in the City of Tonawanda LWRA. Therefore, any consideration by the State of New York of the siting and construction of a major energy facility on lands in the City of Tonawanda LWRA is inconsistent with this policy.
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Policy 28 Ice management practices shall not interfere with the production of hydroelectric power, damage signi icant ish and wildlife and their habitats, or increase shoreline erosion or looding
Explanation of Policy Ice buildup on the Niagara River is not formally managed along the City of Tonawanda waterfront. However, prior to undertaking local, State or Federal actions required for ice management, an assessment must be made of the potential effects of such actions upon ish and wildlife habitats, lood levels and the potential for lood damage, rates of shoreline erosion and the potential for shoreline damage. Following such an examination, adequate methods of avoidance or mitigation of any potential effects must be utilized if the proposed action is to be implemented.
Policy 29 Encourage the development of energy resources on the outer continental shelf, in Lake Erie and in other water bodies, and ensure the environmental safety of such activities
Explanation of Policy The State recognizes the need to develop new indigenous energy resources. It also recognizes that such development may endanger the environment. Among the various energy sources being examined are those that may be found on the Outer Continental Shelf (OCS) or in Lake Erie. The State has been encouraging the wise development of both. As the Outer Continental Shelf does not extend into the channel of the Niagara River or off the shoreline of the City of Tonawanda, this policy is not applicable.
3.10 WATER AND AIR RESOURCES POLICIES
Policy 30 Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to state and national water quality standards
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Policy 30A Prohibit direct or indirect discharges that would cause
or contribute to the contravention of water quality standards and targets
Explanation of Policy Municipal, industrial and commercial discharges include not only "end‐of‐the pipe" discharges into surface and groundwater, but also plant site runoff, leachate, spillages, sludge and other waste disposal, and drainage from raw material storage sites. Regulated industrial discharges are both those that directly empty into receiving coastal waters and those that pass through the municipal treatment systems before reaching the local waterways. The discharge of any and all pollutants from municipal, industrial and commercial uses into the Niagara River, the Erie Barge Canal (Tonawanda Creek), Ellicott Creek or Two‐Mile Creek shall conform to all State and Federal water quality standards and be in full compliance with all applicable regulations that govern such discharges.
Prevent point source discharges into surface waters and manage or avoid land and water uses that would:
1. Exceed discharge limits speci ied by State Pollution Discharge Elimination System (SPDES) permits for municipal discharges.
2. Exceed applicable ef luent limitations, or cause or contribute to the contravention of water quality classi ication and use standards; or
3. Materially or adversely affect the quality of receiving waters.
Policy 31 State coastal area policies and management objectives of approved local waterfront revitalization programs will be considered while reviewing coastal water classi ications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint
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Explanation of Policy Pursuant to the Federal Clean Water Act of 1977 (PL 95‐217) the State has classi ied its coastal and other surface waters in accordance with the consideration of the best usage of these waters, with full regard to the interest of the public, and has adopted water quality standards for each class of waters. These classi ications and standards are reviewable at least every three years for possible revision or amendment. The policies and objectives of the City of Tonawanda Local Waterfront Revitalization Program shall be factored into the review process for the waters in the Niagara River, the Erie Barge Canal (Tonawanda Creek), Ellicott Creek and Two‐Mile Creek. However, such consideration shall not affect any water pollution control requirements established by the State pursuant to the Federal Clean Water Act.
In the review of existing water quality classi ications for these waterways, it should be recognized that these classi ications are not indicative of actual water quality conditions. Any review of local surface waters should take into consideration existing conditions of waterbodies as noted in the Statewide Inventory of Speci ic Waterbodies, and utilize the Waterbody Inventory/ Priority Waterbodies List as a base resource for the evaluation and revision of water quality classi ications (see Section 2.7 in the Inventory and Analysis).
Policy 32 Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities
Explanation of Policy All lands located within the City of Tonawanda Local Waterfront Revitalization Area are fully serviced by public sanitary sewer service. There are not facilities that utilize alternative or innovative sanitary waste systems in this area. Therefore, this policy is not applicable.
Policy 33 Best management practices will be used to ensure the control of stormwater runoff and combined sewer over lows draining into coastal waters
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Policy 33A Eliminate combined sewer over lows in the LWRA
Explanation of Policy Best management practices include both structural and non‐structural methods of preventing or mitigating pollution caused by the discharge of stormwater runoff and combined sewer over lows. At present, structural approaches to controlling stormwater runoff (e.g., construction of retention basins) and combined sewer over lows (e.g., replacement of combined system with separate sanitary and stormwater collection systems) are not economically feasible. Proposed amendments to the Clean Water Act, however, will authorize funding to address combined sewer over lows in areas where they create severe water quality impacts. Until funding for such projects becomes available, non‐structural approaches (e.g., improved street cleaning, reduced use of road salt) will be encouraged.
Policy 34 Discharge of waste materials into coastal waters from vessels subject to state jurisdiction will be limited so as to protect signi icant ish and wildlife habitats, recreational areas and water supply areas
Explanation of Policy All untreated sanitary waste from vessels is prohibited from being discharged into the surface waters in the City of Tonawanda Local Waterfront Revitalization Area. The waters of the Niagara River and the Erie Barge Canal are State‐designated vessel waste no discharge zones. Boaters using these waterways are prohibited from discharging sanitary or other wastes from their vessels into the water. Additionally, City regulations prohibit waste discharges to the Erie Barge Canal and Ellicott Creek. All vessels using the surface waters within the City of Tonawanda Local Waterfront Revitalization Area are required to utilize any available vessel waste pump‐out facility for proper disposal of vessel waste.
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Policy 35 Dredging and illing in coastal waters and disposal of
dredged material will be undertaken in a manner that meets existing State permit requirements, and protects signi icant ish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands
Explanation of Policy Dredging, illing, and dredge material disposal are activities that are typically necessary in waterfront communities. Activities such as the maintenance of navigation channels at suf icient depths or pollutant removal, are necessary to support recreation and commercial boating activity and protect environmental resources. Such projects, however, can adversely affect water quality, ish and wildlife habitats, wetlands, and other important coastal resources. These adverse effects can be minimized through the careful design and timing of the dredging or illing activities, proper siting of dredged material disposal sites, and the bene icial use of dredged material. Such projects shall only be permitted in the City of Tonawanda Local Waterfront Revitalization Area if they satisfactorily demonstrate that any potential and anticipated adverse effects will be reduced to levels that satisfy State permit standards set forth in regulations developed pursuant to Environmental Conservation Law, (Articles 15 – Water Resources and 24 – Freshwater Wetlands), and are consistent with other local policies pertaining to the protection and use of coastal resources (LWRP policies 8, 15, 19, 20, 25 and 44).
Policy 36 Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur
Explanation of Policy There are no major facilities in the City of Tonawanda that store or ship petroleum or other hazardous materials. These practices are not permitted
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within the City of Tonawanda Local Waterfront Revitalization Area. Small scale uses, such as gas stations or industrial uses, that store these materials are regulated by the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 370 Series and Parts 596 through 599, and are required to operate in full compliance of all State (and Federal) regulations.
Policy 37 Best management practices will be utilized to minimize the non‐point discharge of excess nutrients, organics and eroded soils into coastal waters
Policy 37A Green infrastructure will be utilized, where appropriate, to improve stormwater discharges to local waterbodies
Explanation of Policy Best management practices should be used to reduce non‐point sources of pollution that degrade local surface water quality. The City of Tonawanda is a member of the Western New York Stormwater Coalition and has an adopted Stormwater Management Plan. All development activities that are undertaken in the City’s Local Waterfront Revitalization Area shall conform to this plan and employ all necessary best management practices to prevent and address non‐ point source pollution. In general, non‐point pollution of surface waters should be minimized using the following best management practices and approaches, which are presented in order of priority.
1. Limit non‐point source pollution by:
a. Reducing or eliminating the introduction of materials that may contribute to nonpoint pollution; b. Minimizing the disturbance of creeks and streams, including their bed and banks, in order to prevent erosion of soil, increased turbidity, and irregular variation in velocity, temperature, and level of water c. Avoiding activities that would increase off‐site stormwater runoff and transport of pollutants; d. Controlling and managing stormwater runoff to minimize transport of pollutants, restore degraded stormwater natural stormwater runoff conditions and achieve no‐net increase of runoff where unimpaired stormwater runoff conditions exist;
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e. Retaining or establishing vegetation to maintain and provide soil stabilization, and iltering capacity; f. Preserve natural hydrologic conditions to maintain natural surface water low characteristics and retain natural watercourses and drainage systems where present; and g. Where natural drainage systems are absent or incapable of handling the anticipated runoff demands, developing open vegetated drainage systems as the preferred approach and designing these systems to include long and indirect low paths to decrease peak runoff lows; and using closed drainage systems only where site constraints and stormwater low demands make the use of open water systems infeasible.
2. Reduce pollutant loads to surface waters by managing unavoidable nonpoint sources and use appropriate best management practices as determined by site characteristics, design standards, operational conditions, and maintenance programs.
3. Reduce nonpoint source pollution using speci ic management measures appropriate to speci ic land use or pollution source categories.
This policy presents summary management measures to apply to speci ic land use or pollution sources. These management measures are to be applied within the context of the prioritized approach of avoidance, reduction, and management presented in the previous policy section. Further information on speci ic management measures is contained in Guidance Specifying Management Measures for Sources of Non‐point Pollution in Coastal Waters (U.S. EPA, 840‐B‐92‐002).
1. Urban
a. For new development, manage total suspended solids in runoff to remain at predevelopment loadings. b. For site development, limit activities that increase erosion or the amount or velocity of stormwater runoff. c. For construction sites, reduce erosion and retain sedimentation on site, and limit and control use of chemicals and nutrients. d. For new on‐site sewage disposal systems, ensure that siting, design, maintenance, and operation prevent discharge of pollutants.
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e. Plan, site, and design roads and highways to manage erosion and sediment loss, and limit disturbance of land and vegetation. f. Plan, site, and design bridges to protect ecosystems. g. For roads, highways, and bridges, minimize to the extent practical the runoff of contaminants to surface waters.
2. Hydromodi ications
a. Maintain the physical and chemical characteristics of surface waters, reduce adverse impacts, and, where possible improve the physical and chemical characteristics of surface waters in the Niagara River, Erie Barge Canal (Tonawanda Creek), Ellicott Creek and Two‐Mile Creek. b. Use vegetative means, wherever possible, to protect stream banks and shorelines from erosion.
3. Floatables and litter
a. Prohibit all direct or indirect discharges of refuse or litter into surface waters of Niagara River, Erie Barge Canal (Tonawanda Creek), Ellicott Creek and Two‐Mile Creek, or upon public lands contiguous to and within 100 feet of these surface waters. b. Limit entry of loatables to surface waters through containment and prevention of litter. c. Remove and dispose of loatables and litter from surface waters and along shorelines of local surface waters. d. Implement pollution prevention and education programs to reduce the discharge of loatables and litter into roadside ditches, creek corridors and other local surface waters.
In addition, where appropriate, the City should invest in, and require, the utilization of green infrastructure to manage stormwater runoff. Green infrastructure is a sustainable means of preventing pollution while simultaneously bringing nature back to urban environments. Green infrastructure practices include techniques such as green roofs, roadside plantings, bioswales and enhanced tree pits, rain gardens, permeable pavement and the minimization of impervious surfaces, downspout disconnections and rainwater harvesting. These techniques improve water
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quality and transform rainwater from a source of pollution into a valuable community resource.
Green infrastructure practices should be incorporated into City regulations, where applicable. The City of Tonawanda should require all private development and redevelopment projects to utilize green infrastructure in their designs to the greatest extent possible. Furthermore, private owners of existing properties in the LWRA should be encouraged to retro it their properties and businesses with green infrastructure, whether it is the simple use of rain barrels or more substantial improvements to manage stormwater runoff.
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 Policy Public water supply in the City of Tonawanda is provided by the Erie County Water Authority (ECWA). Potable water is drawn from the Niagara River at the ECWA water treatment plant in the Town of Tonawanda for distribution to municipal customers. There are no primary or sole sources of water supply in the City of Tonawanda Local Waterfront Revitalization Area. Therefore, this policy is not applicable.
Policy 39 The transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, signi icant ish and wildlife habitats, recreation areas, important agricultural land, and scenic resources
Policy 39A The location of petroleum and other hazardous material shipment and storage facilities, junk/salvage yards, recycling facilities, or waste transfer facilities shall be prohibited within the Local Waterfront Revitalization Area.
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Explanation of Policy Solid wastes include sludge 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 and are generally characterized as being lammable, corrosive, reactive, or toxic. More speci ically, hazardous waste is de ined in Environmental Conservation Law (Section 27‐0901[3]), as "waste or combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may: (1) cause, or signi icantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, disposed, transported or otherwise managed." Examples of solid waste management facilities include resource recovery facilities, sanitary land ills and solid waste reduction facilities. Although a fundamental problem associated with the disposal and treatment of solid wastes is the contamination of water resources, other related problems may include illing of wetlands and littoral areas, atmospheric loading, and degradation of scenic resources.
There are no facilities in the City of Tonawanda that store or treat solid and hazardous wastes. These practices and activities are not permitted in the City. Furthermore, the City does not permit the collection of dangerous, hazardous or chemically toxic wastes. Although the transport of these substances is not prohibited in the City, it is discouraged. Solid waste and hazardous substances and materials that are transported through the City’s Local Waterfront Revitalization Area should be done so using routes and methods that protect the safety, well‐being, and general welfare of the public; the environmental resources of the City and State; and the transportation corridors and highways that may be used for such transport.
Policy 40 Ef luent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to ish and wildlife and shall conform to state water quality standards
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Explanation of Policy There are no major steam electric generating or industrial facilities that discharge into coastal waters in the City of Tonawanda local waterfront revitalization area. Therefore, this policy is not applicable.
Policy 41 Land use or development in the coastal area will not cause national or state air quality standards to be violated
Explanation of Policy New York's Coastal Management Program incorporates the air quality policies and programs developed for the State by the Department of Environmental Conservation pursuant to the Clean Air Act and State laws on air quality. The requirements of the Clean Air Act are the minimum air quality control requirements applicable within the coastal area. To the extent possible, the State Implementation Plan will be consistent with coastal lands and water use policies. Conversely, coastal management guidelines and program decisions with regard to land and water use and any recommendations with regard to speci ic sites for major new or expanded industrial, energy, transportation, or commercial facilities will re lect an assessment of their compliance with the air quality requirements of the State Implementation Plan.
There are no land uses in the City of Tonawanda Local Waterfront Revitalization Area (LWRA) that manufacture chemicals or other goods, or that generate energy through the burning of oil, gas or coal, thereby releasing emissions of constituents that result in the violation of Federal and State air quality standards. Furthermore, there are not lands in the LWRA that can be used in such a manner. Additionally, energy generating and transmission facilities that utilize non‐renewable resources are considered inappropriate uses that would not provide signi icant public bene it in the City of Tonawanda LWRA.
Policy 42 Coastal management policies will be considered if the State reclassi ies land areas pursuant to the Prevention of Signi icant Deterioration regulations of the Federal Clean Air Act
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Explanation of Policy The policies of the State and local coastal management programs 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 signi icant deterioration land classi ications in coastal regions or adjacent areas. In addition, the Department of State will provide the Department of Environmental Conservation with recommendations for proposed prevention of signi icant deterioration land classi ication designations based upon State and local coastal management programs.
There are no land uses in the City of Tonawanda Local Waterfront Revitalization Area (LWRA) that manufacture chemicals or other goods, or that generate energy through the burning of oil, gas or coal, thereby releasing emissions of nitrogen oxides, sulfur dioxide, carbon monoxide, particulate matter, sulfuric acid mist, or other constituents that result in deteriorated air quality. Furthermore, there are not lands in the LWRA that can be used for this purpose. Additionally, energy generating and transmission facilities that utilize non‐renewable resources are considered inappropriate uses that would not provide signi icant public bene it in the City of Tonawanda LWRA. Therefore, any consideration of this policy by the State of New York in the reclassi ication of land areas pursuant to the Prevention of Signi icant Deterioration regulations should take this into consideration.
Policy 43 Land use or development in the coastal area must not cause the generation of signi icant amounts of acid rain precursors: nitrates and sulfates
Explanation of Policy There are no land uses or activities located or undertaken in the City’s Local Waterfront Revitalization Area (LWRA) that generate air pollutants that contribute to the generation of acid rain. Furthermore, there are no areas in LWRA where such industrial development could occur. Energy generating and transmission facilities that utilize non‐renewable resources are considered inappropriate uses that would not provide signi icant public bene it in the City of Tonawanda LWRA. Therefore, this policy is not applicable.
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Waterfront Revitalization Program Policies
3.11 WETLANDS POLICY
Policy 44 Preserve and protect tidal and freshwater wetlands and preserve the bene its derived from these areas
Explanation of Policy Freshwater wetlands include marshes, swamps, bogs, and lats that support aquatic and semi‐aquatic vegetation and other wetlands so de ined in the NYS Freshwater Wetlands Act and the NYS Protection of Waters Act. There are no tidal wetlands in the City’s Local Waterfront Revitalization Area.
The bene its derived from the preservation of freshwater wetlands include, but are not limited to, the following:
habitat for wildlife and ish, including a substantial portion of the State's recreational ish species; and contribution to associated aquatic food chains; erosion, lood and storm control; natural point and non‐point source pollution treatment; protection of groundwater supplies; recreational opportunities; educational and scienti ic opportunities; and value as aesthetic open space in otherwise densely developed areas.
Wetlands in the City of Tonawanda Local Waterfront Revitalization Area include portions of the shoreline along Two‐Mile Creek, Ellicott Creek and Tonawanda Creek; small isolated areas in Veterans Park and south of the former City of Tonawanda land ill; and the land area immediately east of the land ill, where a signi icant NYSDEC wetland is located. These areas should be protected in accordance with State and Federal requirements, and enhanced where possible to improve their habitat value.
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