[HISTORY: Adopted by the Board of Trustees
of the Village of Athens 9-8-1993 by L.L. No. 8-1993 (Ch. 89 of the 1976 Code). Amendments
noted where applicable.]
This chapter shall be known as the "Village
of Athens Waterfront Consistency Review Law."
A.
This chapter is adopted pursuant to the Waterfront
Revitalization and Coastal Resources Act of the State of New York
(Article 42 of the Executive Law), Article IX; Section 1, of the New
York State Constitution; and Article 5-G of the General Municipal
Law of the State of New York and expressly supersedes any inconsistent
general or local law regarding consistency review, zoning and waterways.
[Amended 9-23-1999 by L.L. No. 1-1999]
B.
The purpose of this chapter is to provide a framework
for agencies of the Village of Athens to consider the policies, purposes
and common interests contained in the Local Waterfront Revitalization
Program of the Village of Athens when reviewing applications for actions
or direct agency actions located in the coastal area; to assure that
such actions are consistent with those policies and purposes; and
toward that goal, to establish a Village of Athens Waterfront Advisory
Committee to provide review of actions located within the coastal
area.
[Amended 9-23-1999 by L.L. No. 1-1999]
C.
It is the intention of the Village of Athens that
the preservation, enhancement and utilization of the natural and man-made
resources of the unique coastal area of Athens take place in a coordinated
and comprehensive manner to ensure a proper balance between natural
resources and the need to accommodate population growth and economic
development. Accordingly, this chapter is intended to achieve such
balance, permitting the beneficial use of coastal resources while
preventing the loss of living coastal resources and wildlife, diminution
of open space areas or public access to the waterfront, erosion of
the shoreline, impairment of scenic beauty, losses due to flooding,
erosion and sedimentation or permanent adverse changes to ecological
systems.
D.
The substantive provisions of this chapter shall only
apply while there is in existence a 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:
Either Type I or unlisted actions as defined in SEQRA regulations
(6 NYCRR 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 resources or structure,
that:
Agency planning and policymaking activities
that may affect the environment and commit the agency to a definite
course of future decisions.
Adoption of agency rules, regulations and procedures,
including local laws, codes, executive orders and resolutions that
may affect the environment.
Any combinations of the above.
Any board, agency, department, office, other body or officer
of the Village of Athens.
Any person making an application or other request to an agency
to provide funding or to grant an approval or permit in connection
with a proposed action.
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 Athens, as shown on
the Coastal Area Map on file in the office of the Secretary of State
and as delineated in the Village of Athens Local Waterfront Revitalization
Program.
[Amended 9-23-1999 by L.L. No. 1-1999]
The form, contained in Appendix A,[2] used by an agency to assist it in determining the consistency
of an action with the Local Waterfront Revitalization Program.
The action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
Actions planned and proposed for implementation by an agency
or the Village, such as but not limited to, capital projects, promulgation
of rules, regulations, laws, codes and policymaking which commits
an agency or the Village to a course of action.[3]
The local Waterfront Revitalization Program of the Village
of Athens approved by the Secretary of State pursuant to the Waterfront
Revitalization and Coastal Resources Act (Executive Law, Article 42),
a copy of which is on file in the office of the Clerk of the Village
of Athens.
[Amended 9-23-1999 by L.L. No. 1-1999]
The Village of Athens Waterfront Advisory Committee, as created pursuant to § 233-4 herein.
[Amended 9-23-1999 by L.L. No. 1-1999]
A.
A Committee is hereby created and shall be known as
the "Village of Athens Waterfront Advisory Committee."
[Amended 9-23-1999 by L.L. No. 1-1999]
B.
The Committee shall consist of five members, two of
whom shall be appointed by the Village of Athens Board of Trustees
and two of whom shall be appointed by the Mayor of the Village of
Athens. The fifth member, who shall be the Chair, shall be jointly
appointed by the Mayor of the Village of Athens and the Athens Board
of Trustees. Of the members of the Committee first appointed, one
shall hold office for a term of one year, one for a term of two years,
one for a term of three years, one for a term of four years, and one
for a term of five years from and after their appointment. Their successors
shall be appointed for the term of five years from and after expiration
of the terms of their predecessors in office. Vacancies shall be filled
by the appointing Board and Chief Executive Officer as designated
above.
[Amended 9-23-1999 by L.L. No. 1-1999]
C.
Each member appointed by the Village Board shall be
a resident of the Village. Members shall be chosen for their demonstrated
knowledge, ability, and readiness to serve the Committee in the functions
described in this chapter and with due regard for maintaining among
membership's a range of special aptitudes and expertise in areas relevant
to the Village of Athens Local Waterfront Revitalization Program.
[Amended 9-23-1999 by L.L. No. 1-1999]
D.
After referral from an agency, the Committee shall
consider whether the proposed action is consistent. In addition to
the completed CAFs, the Committee may request such other and further
information as it deems to be necessary to its consistency opinion.
E.
The Committee shall render its written opinion to
the agency within 30 days following referral of the CAF from the agency,
unless extended by mutual agreement of the Committee and the applicant
or, in the case of a direct action, the agency. The opinion shall
indicate whether the proposed action is consistent and shall elaborate
the basis for its opinion. The Committee may find that the proposed
action is consistent, consistent with recommended modifications or
inconsistent. In the event that the Committee's recommendation is
not forthcoming within the specified time, the referring agency shall
make its decision without the benefit of the Committee's recommendation.
F.
The agency shall make the determination of consistency
based on the CAF, the Committee recommendation and such other information
as is deemed to be necessary in its determination. The agency shall
issue its determination within seven days of the date for receipt
of the Committee's recommendation. 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.
G.
Actions to be undertaken within the coastal area shall
be evaluated for consistency in accordance with the following LWRP
policy standards and conditions, which are derived from and further
explained and described in Section III of the Village of Athens LWRP,
a copy of which is on file in the Village Clerk's office and available
for inspection during normal working hours. Agencies which undertake
direct actions shall also consult with Section IV of LWRP in making
their consistency determination. The action shall be consistent with
the policy to:
[Amended 9-23-1999 by L.L. No. 1-1999]
(1)
Revitalize deteriorated and underutilized waterfront
areas through a mixture of uses (Policy 1).
(2)
Retain and preserve existing and promote new water
dependent uses (Policies 2, 2A).
(3)
Strengthen the economic base and small harbor character
of the Athens waterfront by encouraging the development and enhancement
of traditional maritime uses and activities (Policy 4).
(4)
Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards
(Policy 5).
(5)
Streamline development permit procedures (Policy 6)
(6)
Protect significant and locally important fish and
wildlife habitats from human disruption and chemical contamination
(Policies 7, 8).
(7)
Maintain and expend recreational fishing opportunities
(Policy 9).
(8)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected, long-term structural measures and appropriate
siting of structures (Policies 11, 12, 13, 13A, 14, 15, 16, 17, 28).
(9)
Safeguard economic, social and environmental interests
in the coastal area in which major actions are undertaken (Policy
18).
(10)
Maintain and improve public access to the shoreline
and to Middle Ground Flats and other water-related recreational facilities
while protecting the environment (Policies 2, 19, 19A, 20, 21, 22).
(11)
Protect and restore historic and archaeological
resources (Policy 23).
(12)
Protect and upgrade scenic resources (Policy
25).
(13)
Protect and conserve agricultural lands (Policies
26, 26A).
(14)
Site and construct energy facilities in a manner
which will be compatible with the environment and contingent upon
the need for a waterfront or water location (Policies 27, 40).
(15)
Prevent ice management practices which could
damage significant fish and wildlife and their habitats (Policy 28).
(16)
Protect surface and ground waters from direct
and indirect discharge of pollutants and from overuse (Policies 30,
31, 32, 33, 34, 34A, 35, 36, 37, 38).
(17)
Perform dredging and dredge spoil disposal in
a manner protective of natural resources (Policies 15, 35).
(18)
Handle and dispose of hazardous wastes and effluents
in a manner which will not adversely affect the environment (Policy
39).
(19)
Protect air quality (Policies 41, 42, 43).
(20)
Protect tidal and freshwater wetland (Policy
44).
H.
Findings.
(1)
If the agency determines that the action would not
be consistent with one or more of the LWRP policy standards and conditions,
such action shall not be undertaken unless the agency makes a written
finding with respect to the proposed action that:
(a)
No reasonable alternatives exist which would
permit the action to be undertaken in a manner which will not substantially
hinder the achievement of such LWRP policy standards and conditions.
(b)
The action would be undertaken in a manner which
will minimize all adverse effects on such LWRP policy standards and
conditions.
(c)
The action will advance one or more of the other
LWRP policy standards and conditions.
(d)
The action will result in an overriding Village,
regional or statewide public benefit.
[Amended 9-23-1999 by L.L. No. 1-1999]
(2)
Such a finding shall constitute a determination that
the action is consistent with the LWRP policy standards and conditions.
The Village Code Enforcement Officer 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 from an agency that
the action is consistent with the Village's LWRP policy standards
and conditions. In the event that an activity is not being performed
in accordance with this chapter or any conditions imposed thereunder,
the Code Enforcement Officer shall issue a stop-work order and all
work shall immediately cease. No further work or activity shall be
undertaken on the project so long as a stop-work order is in effect.
A.
A person who violates any of the provisions of, or
who fails to comply with any condition imposed by, this chapter shall
have committed a violation punishable by a fine not exceeding $500
for a conviction of a first offense and punishable by a fine not to
exceed $1,000 for a conviction of a second or subsequent offense.
For the purpose of conferring jurisdiction upon courts and judicial
officers, each week of continuing violation shall constitute a separate
additional violation.[1]
B.
The Village Attorney is authorized and directed to
institute any and all actions and proceedings necessary to enforce
this chapter. Any civil penalty shall be in addition to and not in
lieu of any criminal prosecution and penalty.
