This chapter will be known as the "Village of Sag Harbor Waterfront
Consistency Review Law."
As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
A.
Either Type I or unlisted actions as defined in SEQRA regulations
(6 NYCRR 617.2) which are undertaken by an agency and which include:
(1)
Projects or physical activities, as construction or other activities
that may affect the environment by changing the use, appearance or
condition of any natural resource or structure, that:
(a)
Are directly undertaken by an agency; or
(b)
Involve funding by an agency; or
(c)
Require one or more new or modified approvals from an agency
or agencies.
(2)
Agency planning and policy-making activities that may affect
the environment and commit the agency to a definite course of future
decisions.
(3)
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect the environment.
(4)
Any combinations of the above.
B.
This law does not apply to excluded or exempt actions as defined
in the SEQRA regulations (6 NYCRR Part 617). The following Type II
actions are not subject to review under this law:
(1)
Maintenance or repair involving no substantial changes in an
existing structure or facility.
(2)
Agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land
use changes consistent with generally accepted principles of farming.
(3)
Repaving of existing highways not involving the addition of
new travel lanes.
(4)
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities.
(5)
Maintenance of existing landscaping or natural growth.
(6)
Routine activities of educational institutions, including expansion
of existing facilities by less than 10,000 square feet of gross floor
area and school closings, but not changes in use related to such closings.
(7)
Extension of utility distribution facilities, including gas,
electric, telephone, cable, water and sewer connections to render
service in approved subdivisions or in connection with any action
on this list.
(8)
Granting of individual setback and lot line variances.
(9)
Granting of an area variance(s) for a single-family, two-family
or three-family residence.
(10)
Public or private best forest management (silvicultural) practices
on less than 10 acres of land, but not including waste disposal, land
clearing not directly related to forest management, clear-cutting
or the application of herbicides or pesticides.
(11)
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns.
(12)
Information collection including basic data collection and research,
water quality and pollution studies, traffic counts, engineering studies,
surveys, subsurface investigations and soils studies that do not commit
the agency to undertake, fund or approve any Type I or unlisted action.
(13)
Official acts of a ministerial nature involving no exercise
of discretion, including building permits and historic preservation
permits where issuance is predicated solely on the applicant's
compliance or noncompliance with the relevant local building or preservation
code(s).
(14)
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment.
(15)
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
that those activities do not commit the agency to commence, engage
in or approve such action.
(16)
Collective bargaining activities.
(17)
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt.
(18)
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession.
(19)
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than land, radioactive material,
pesticides, herbicides or other hazardous materials.
(20)
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list.
(21)
Engaging in review of any part of an application to determine
compliance with technical requirements, provided that no such determination
entitles or permits the project sponsor to commence the action unless
and until all requirements of 6 NYCRR Part 617.5 have been fulfilled.
(22)
Civil or criminal enforcement proceedings, whether administrative
or judicial, including a particular course of action specifically
required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion.
(23)
Adoption of a moratorium on land development or construction.
(24)
Interpreting an existing code, rule or regulation.
(25)
Designation of local landmarks or their inclusion within the
historic district.
(26)
Emergency actions that are immediately necessary on a limited
and temporary basis for the protection or preservation of life, health,
property or natural resources, provided that such actions are directly
related to the emergency and are performed to cause the least change
or disturbance, practicable under the circumstances, to the environment.
Any decision to fund, approve or directly undertake other activities
after the emergency has expired is fully subject to the review procedures
of 6 NYCRR Part 617.5.
AGENCY
Any board, agency, department, office, other body or officer
of the Village of Sag Harbor.
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 Sag Harbor, as shown
on the Coastal Area Map on file in the office of the Secretary of
State and as delineated in the Village of Sag Harbor Local Waterfront
Revitalization Program.
COASTAL ASSESSMENT FORM (CAF)
The form contained in Appendix A, used by an agency to assist it in determining the consistency
of an action with the Local Waterfront Revitalization Program.
CONSISTENT
That the action will fully 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, a capital project, rule-making, procedure-making
and policy-making.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Village
of Sag Harbor, 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 Sag Harbor.
The Committee is authorized to review and make recommendations
to appropriate agencies regarding the consistency of proposed actions
with the Village of Sag Harbor Local Waterfront Revitalization Program
policy standards and conditions.
The Village Building Inspector shall be responsible for enforcing
this chapter. No work or activity on a project on the coastal area
which is subject to review under this chapter shall be commenced or
undertaken until the Village Building Inspector 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 Village Building
Inspector 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.