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a. As used in this section the term "Jamaica Bay clean-up and resiliency project" means the cleanup of marine debris, management of combined sewer overflows and storm flows for the bay consistent with the Jamaica Bay watershed protection plan and taking into account the impacts of sea level rise.
b. There shall be a Jamaica Bay task force, which, during its term, shall provide advice and recommendations in a biannual report to the city with respect to the Jamaica bay clean-up and resiliency project. Such report shall be transmitted to the mayor, the speaker of the city council, the Jamaica Bay Science and Resilience Institute and other relevant entities in a form and manner to be determined by such task force.
c. The task force shall provide advice and recommendations on matters relating to or impacting the ongoing Jamaica Bay clean-up and resiliency project including but not limited to:
1. Review of measures proposed to restore and maintain the water quality and ecological integrity of the bay; and
2. Analysis of the impacts of sea-level rise on Jamaica Bay and the surrounding watershed including the underground aquifer and groundwater service area.
d. The task force shall be comprised of eleven members, five of whom will be appointed by the speaker of the council and six members by the mayor. The members shall include a representative from each community board in the Jamaica Bay Watershed as well as at least two representatives from the communities that adjoin Jamaica Bay. The members shall also include persons with relevant expertise and experience in the fields of hydrology, biology, geology and oceanography. Members shall be appointed within 180 days after the effective date of this section and shall serve without compensation. A chairperson shall be elected from amongst the members. Members shall serve five-year terms. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The commissioner may provide administrative assistance to the task force.
(L.L. 2018/179, 10/27/2018, eff. 10/27/2018)
a. Definitions.
1. "City" shall mean the geographic area constituting the city of New York, including wetlands, shorelines and underwater lands.
2. "Office" shall mean the mayor's office of long-term planning and sustainability.
3. "Wetlands" shall mean those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
b. Preliminary satellite or aerial imagery survey. No later than September 1, 2010, the office shall submit to the mayor and the speaker of the council a preliminary survey of likely wetland areas based upon satellite or aerial imagery. The preliminary satellite or aerial imagery survey shall be for the purpose of indicating the overall size and location of remaining wetlands within the city and therefore to inform the development of an overall strategy for wetlands in the city.
c. Development of a comprehensive wetlands strategy. The office shall complete a preliminary wetlands protection strategy the overall goals of which shall be to (1) conserve, protect, enhance, stabilize, restore and expand wetlands and associated buffer areas in the city; (2) avoid and minimize wetlands losses and achieve no net loss of wetlands in the city; (3) standardize and improve the management of wetlands and associated buffer areas and (4) balance the needs for wetlands protection with other, competing land uses that are in the public interest, such as the construction of schools or affordable housing. Such strategy shall consider (1) the ecological, hydrological, economic, aesthetic and habitat functions of wetlands including, but not limited to future protection from storm surges and other effects of rising sea levels; (2) the current condition and protections afforded wetlands in the city, including wetlands smaller than 12.4 acres in size; and (3) the wetlands policies, laws, rules and regulations that have been adopted by other municipalities in New York state.
d. (1) No later than December 31, 2011, the office shall submit a preliminary comprehensive wetlands protection strategy that meets the requirements of this subdivision to the mayor, the speaker of the council and the public for review and comment. Access to the public shall include posting such preliminary strategy on the city's website and such other measures as the office deems appropriate to increase notice.
(2) No later than March 1, 2012, the office shall submit a final comprehensive wetlands protection strategy that meets the requirements of this subdivision to the mayor, the speaker of the council and the public. Submission to the public may include posting such final strategy on the city's website and such other measures as the office deems appropriate to increase notice.
(3) The comprehensive wetlands protection strategy shall include, but not be limited to, the following:
(i) appropriate legal requirements, management mechanisms, funding mechanisms, enforcement mechanisms and incentives to conserve, protect, enhance, restore, stabilize and expand wetlands and associated buffer areas in the city, whether publicly or privately owned;
(ii) appropriate legal requirements, management mechanisms, funding mechanisms, enforcement mechanisms and incentives regarding management of wetlands in the city by public and private owners to ensure their consistency and best practices;
(iii) land acquisition and land use planning practices and opportunities to provide for wetlands retreat;
(iv) strategies for adaptation to sea level rise that involve wetlands to the extent not provided for in any other planning or management initiatives undertaken by or on behalf of the city;
(v) opportunities to improve the implementation of wetlands mitigation and creation activities;
(vi) a protocol for coordination with appropriate federal, state and city governmental entities that have jurisdiction over or other property interest in wetlands or associated buffer areas including, but not limited to, coordination in the development of a comprehensive list of wetland mitigation opportunities and notification procedures regarding proposed development projects that may adversely impact wetlands or associated buffer areas;
(vii) reporting mechanisms for wetlands indicators; and
(viii) a public education program to increase awareness about the ecological, economic, aesthetic and other values of wetlands and their associated buffer areas, which shall include information presented on the city's website and such other means as the office deems appropriate.
(4) The comprehensive wetlands protection strategy shall include a schedule and milestones for implementing the strategy and achieving its goals.
(5) To the extent that any element of the comprehensive wetlands protection strategy is provided for in any other planning or management initiative undertaken by or on behalf of the city, such element may be incorporated by reference.
e. The comprehensive wetlands protection strategy developed pursuant to this section shall be reviewed and revised as necessary to achieve its goals, the first such review to be undertaken within three years and thereafter no less often than every four years. No later than April 22, 2015 and no later than every fourth year thereafter, the commissioner shall submit a report to the mayor and the speaker of the council that provides an update on the comprehensive wetlands protection strategy developed pursuant to this section which shall include, but not be limited to:
(1) the implementation status of the measures included in such strategy, as it may have been revised pursuant to this subdivision; and
(2) specific progress towards each of the strategy's goals.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/031.
a. Definitions. For purposes of this section:
Applicant. The term "applicant" means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that seeks a license or renewal of a license to engage in the operation of a car wash.
Car wash. The term "car wash" means any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles. "Car wash" shall not include:
1. any business entity that is engaged in selling, leasing, renting or repairing motor vehicles, where car washing is ancillary to the primary business of such entity;
2. any self-service facility for washing vehicles, where the facility's employees do not provide assistance to customers in the cleaning of vehicles, such as washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles, including businesses such as convenience stores, gas stations and oil change facilities, where car washing is ancillary to the primary business of the facility;
3. any person that engages in the cleaning of vehicles on an intermittent basis to raise funds for a not-for-profit organization; or
4. any federal, state or local governmental agency.
b. Prior to filing an application for a license or renewal of a license to operate a car wash pursuant to subchapter 33 of chapter 2 of title 20 of this code, an applicant shall certify to the commissioner that the following information, in a form and method prescribed by the commissioner, will be maintained by the applicant at its principal place of business for a minimum of three years, and such information shall be made available to the department or the department of consumer and worker protection upon request:
1. The source from which the applicant draws or will draw its water, whether from the public water supply, well water or other source;
2. For renewal applicants, the amount of water drawn from public sources each month since the applicant last filed an application;
3. Construction drawings and as-built plans, meaning the final set of drawings produced at the completion of construction, of any oil/water separator system or sand interceptor, attesting to the volume of the system and to the maximum flow of wastewater that the system can filter and otherwise clarify efficiently;
4. Written certification that the applicant has regularly removed, in accordance with the respective manufacturer's specifications, oil, sediment and other residues that may be regulated by the commissioner pursuant to department rules regarding sewer use from its oil/water separator system and sand interceptor, as well as the method or methods used to remove and dispose of such oil, sediment and other residues, and for renewal applicants, the frequency of such removal and disposal since the applicant last filed an application;
5. Written certification that the applicant has complied with the rules of the department regarding testing and reporting with respect to all backflow prevention devices;
6. A logbook of monitoring and inspection results and repair and maintenance activities with regard to oil/water separators, sand interceptors and other pretreatment devices or systems, and backflow prevention devices, since the applicant last filed an application, provided that an applicant for a new car wash shall begin maintaining such information between sixty and ninety days of commencement of operations after receiving a license from the department of consumer and worker protection pursuant to section 20-541 of this code; and
7. Material safety data sheets or safety data sheets that indicate the chemicals used in the operation of the car wash, where such material safety data sheets or safety data sheets are required by federal, state or local law, rule or regulation.
(L.L. 2015/062, 6/29/2015, eff. 12/26/201; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062 and L.L. 2020/080.
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