[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 8-11-2003 by L.L. No. 4-2003. Amendments noted where applicable.]
This chapter will be known as the "Village of Haverstraw Waterfront Consistency Review Law."
This chapter is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law).
The purpose of this chapter is to provide a framework for agencies of the Village of Haverstraw to consider the policies and purposes contained in the Village of Haverstraw Local Waterfront Revitalization Program when reviewing applications for actions or direct agency actions located in the coastal area; and to assure that such actions and direct actions are consistent with the said policies and purposes.
It is the intention of the Village of Haverstraw that the preservation, enhancement, and utilization of the natural and man-made resources of the unique coastal area of the Village take place in a coordinated and comprehensive manner to ensure a proper balance between natural resources and the need to accommodate population growth, economic development, and attract the traveling public. This chapter is intended to achieve such a balance.
The substantive provisions of this chapter shall only apply while there is in existence a Village of Haverstraw Local Waterfront Revitalization Program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- A. Either a Type I or unlisted action as defined in State Environmental Quality Review Act (SEQRA) regulations (6 N.Y.C.R.R. Part 617) which are undertaken by an agency and which include:
- (1) Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that:
- (2) Agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions;
- (3) Laws, codes, ordinances, executive orders and resolutions that may affect the environment;
- (4) Any proposed action within the Village's Local Waterfront Revitalization Area that requires site plan review and approval by the Village of Haverstraw; and
- (5) Any combination of the above.
- B. This law does not apply to Type II, excluded or exempt actions as defined in the SEQRA regulations.
- Any board, agency, department, office, other body, or officer of the Village of Haverstraw.
- COASTAL AREA
- That portion of New York State coastal waters and adjacent shorelands as defined in Article 42 of the Executive Law which is located within the boundaries of the Village of Haverstraw, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Village of Haverstraw Local Waterfront Revitalization Program.
- COASTAL ASSESSMENT FORM (CAF)
- The form used by an agency to assist it in determining the consistency of an action with the Village of Haverstraw Local Waterfront Revitalization Program.
- That the action will materially comply with the LWRP policy standards and conditions and, whenever practicable, will advance one or more of them.
- DIRECT ACTIONS
- Actions planned and proposed for implementation by an agency, such as, but not limited, to the formulation of a capital project, rule or policy.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program of the Village of Haverstraw, approved by the Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a copy of which is on file in the office of the Clerk of the Village of Haverstraw.
- PLANNING BOARD
- The Planning Board of the Village of Haverstraw.
- WATERFRONT ADVISORY COMMITTEE
- The Waterfront Advisory Committee of the Village of Haverstraw.
The Planning Board is hereby authorized upon a referral from the agency that proposes to take an action to review the proposed action and make recommendations to that agency regarding the consistency of that proposed action with the Village of Haverstraw Local Waterfront Revitalization Program policy standards and conditions.
The Planning Board will refer such proposals to the duly constituted Waterfront Advisory Committee (WAC) for review and recommendation to the Planning Board regarding the consistency of the proposed action with the Village of Haverstraw Local Waterfront Revitalization Program policy standards and conditions. The WAC shall be required to report back to the Planning Board within 30 days following referral.
In the event that the WAC's recommendation shall not be rendered within the specified time, the Planning Board shall make its decision without the benefit of the WAC's recommendation.
Whenever a proposed action is located within the Village's coastal area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection J herein.
Each agency of the Village shall be responsible for making its own consistency determinations.
Where more than one local agency is involved in reviewing a proposed action, the "lead agency" (as that term is defined in the SEQRA regulations) shall be responsible for making the determination that the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection J herein.
The consistency determination process required by this chapter shall be coordinated with the environmental review process set forth in SEQRA to the greatest extent possible.
Whenever an agency receives an application for approval or funding of an action or as early as possible in the agency's formulation of a direct action to be located in the coastal area, the applicant, or in the case of a direct action, the agency, shall prepare a coastal assessment form (CAF) to assist with the consistency review of the proposed action.
The agency shall refer a copy of the completed CAF to the Planning Board within 10 days of its submission and/or preparation, as the case may be, and prior to making its determination, shall consider the recommendation of the Planning Board with reference to the consistency of the proposed action with the Village's Local Waterfront Revitalization Program.
After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection J herein. The Planning Board shall require the applicant to submit such information as is reasonably necessary for the Planning Board to make to its consistency review and recommendation.
The Planning Board shall render its written recommendation to the agency within 30 days following referral of the CAF from the agency, unless extended by mutual agreement of the Planning Board and the applicant or in the case of direct action, the agency. The recommendation shall indicate whether, in the opinion of the Planning Board, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or conditions and shall elaborate in writing the basis for its opinion. The Planning Board shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them. In the event that the Planning Board's recommendation shall not be rendered within the specified time, the referring agency shall make its decision without the benefit of the Planning Board's recommendation.
The agency shall make the determination of consistency based on the CAF, the SEQRA environmental assessment form, the application and other project documentation, the Planning Board recommendation, and such other information as is reasonably deemed to be necessary for the agency to make its determination. The agency shall issue its determination within 30 days following receipt of the Planning Board's recommendation and submission by the applicant of any additional required information. The agency shall have the authority, in its finding of consistency, to impose practicable and reasonable conditions on an action to ensure that it is carried out in accordance with this chapter.
Actions to be undertaken within the Village of Haverstraw coastal area shall be evaluated for consistency in accordance with the policy standards and conditions which are set forth and described in Section III of the Village of Haverstraw Local Waterfront Revitalization Program, a copy of which is on file in the Village Clerk's office and available for inspection during normal business hours. Agencies which undertake direct actions shall also consult with Section IV of the Local Waterfront Revitalization Program in making their consistency determination.
If the agency determines that the action would not be consistent with one or more of the policy standards and conditions of the Local Waterfront Revitalization Program, such action shall not be undertaken unless the agency makes a written finding with respect to the proposed action that:
No reasonable alternatives exist which would permit the action to be undertaken in a manner which is consistent with such policy standards and conditions;
As may be conditioned by the agency, the action would be undertaken in a manner which will minimize to the greatest extent practicable all adverse effects on such policy standards and conditions; and
The action will advance one or more of the other policy standards and conditions.
Such a finding shall constitute a determination that the action is consistent with the Local Waterfront Revitalization Program policy standards and conditions.
The Code Enforcement Officer of the Village shall be responsible for enforcing this chapter. No work or activity on a project in the coastal area which is subject to review under this chapter shall be commenced or undertaken until the Code Enforcement Officer has been presented with a written determination of consistency under this chapter. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed hereunder, the Code Enforcement Officer may issue a stop-work order and thereafter all work shall immediately cease. No further work or activity shall be undertaken on the action so long as a stop-work order is in effect.
A person who violates any of the provisions of or who fails to comply with any conditions imposed by this chapter shall have committed a violation, punishable by a fine not exceeding $500 or 15 days in jail, or both. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional offense.
The Village Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Village may enforce this chapter by injunction or other civil proceeding.