[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 3-29-1990 by L.L. No. 4-1990 (Ch. 58 of the 1972 Code). Amendments
noted where applicable.]
This chapter will be known as the "Village of Nyack Waterfront
Consistency Review Law."
A.
This chapter is adopted under the authority of the Municipal Home
Rule Law and the Waterfront Revitalization and Coastal Resources Act
of the State of New York (Article 42 of the Executive Law).
B.
The purpose of this chapter is to provide a framework for agencies
of the Village of Nyack to consider the policies and purposes contained
in the 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
said policies and purposes.
C.
It is the intention of the Village of Nyack 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 and economic
development. Accordingly, this chapter is intended to achieve such
a balance, permitting the beneficial use of coastal resources while
preventing: loss of living estuarine resources and wildlife; diminution
of open space areas or public access to the waterfront; erosion of
shorelines; 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 Village Local Waterfront Revitalization Program
which has been adopted in accordance with Article 42 of the Executive
Law of the State of New York.
All boards, departments, offices, other bodies or officers of
the Village of Nyack must comply with this law, to the extent applicable,
prior to carrying out, approving or funding any Type I or unlisted
action as those terms are defined in 6 NYCRR 617.2 and Type II, excluded
or exempt actions, as defined in 6 NYCRR 617.2 (regulations which
implement the State Environmental Quality Review Act) is hereby deemed
consistent with the Local Waterfront Revitalization Program and does
not require any further deliberation.
As used in this chapter, the following terms shall have the
meanings indicated:
Either Type I or unlisted actions, as defined in the State
Environmental Quality Review Act regulations (6 NYCRR 617.2), which
are undertaken by an agency and which include:
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:
Agency planning and policy making activities that may affect
the environment and commit the agency to a definite course of future
decisions.
The adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, 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 Nyack.
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 Nyack as shown on
the coastal areas map on file in the office of the Secretary of State
and as delineated in the Village of Nyack Local Waterfront Revitalization
Program.
The form 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.
The Local Waterfront Revitalization Program of the Village
of Nyack as 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 Nyack.
A.
Whenever a proposed action is located in 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 G herein.
B.
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.
C.
The agency shall refer a copy of the completed CAF for all Type I
actions and all unlisted actions covering three acres or greater to
the Village Board within 10 days of its submission and, prior to making
its determination, shall consider the recommendation of the Village
Board with reference to the consistency of the proposed action.
[Amended 2-28-2013 by L.L. No. 2-2013]
D.
After referral from an agency, the Village Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The Village Board shall receive from the agency all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendation.
E.
Village Board recommendation.
(1)
The Village Board shall render its written recommendation to the
agency within 45 days following referral of the CAF from the agency
unless extended by mutual agreement of the Village Board and the applicant
or, in the case of a direct action, the agency. The recommendation
shall indicate whether, in the opinion of the Village 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.
(2)
The Village 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.
(3)
In the event that the Village Board's recommendation is not
forthcoming within the specified time, the referring agency shall
make its decision without the benefit of the Village Board's
recommendation.
F.
The agency shall make the determination of consistency based on the
CAF, the Village Board's recommendation and such other information
as is deemed to be necessary in its determination. The agency shall
issue its determination within 30 days of the date for receipt of
the Village Board'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 law.
G.
Policy standards and conditions. Actions to be undertaken 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 Nyack LWRP, a copy
of which is on file in the Village Clerk's office and available
for inspection during normal business hours. Agencies which undertake
actions shall also consult with Section IV, Uses and Projects, of
the LWRP in making their consistency determination. The action shall
be consistent with the policies to:
(1)
Revitalize deteriorated and underutilized waterfront areas (Policy
1).
(2)
Redevelop the sewage treatment plant property; continue to revitalize
the central business district and surrounding areas, including Main
Street, Burd Street, and Lydecker Street, between South Broadway and
the Hudson River; revitalize the downtown waterfront area off Gedney
Street by encouraging new water dependent uses and protecting such
existing uses (Policies 1 and 1A).
(3)
Retain and promote recreational water-dependent uses (Policy 2).
(4)
Protect existing water-dependent uses on the Nyack waterfront and
facilitate siting of new water-dependent uses on the waterfront (Policies
2, 21 and 22).
(5)
Strengthen economic base of smaller harbor areas by encouraging traditional
uses and activities (Policy 4).
(6)
Ensure that development occurs where adequate public infrastructure
is available to reduce health and pollution hazards (Policy 5).
(7)
Protect significant and locally important fish and wildlife habitats
resources from human disruption and chemical contamination (Policies
7 and 8).
(8)
Streamline development permit procedures (Policy 6).
(9)
Undertake activities or development in the upland portion of the
Village and other areas to be developed so that there will be no increase
in erosion or flooding at the site of such activities or at other
locations (Policy 14).
(10)
Maintain and expand commercial fishing facilities to promote
commercial and recreational fishing opportunities (Policies 9 and
10).
(11)
Maintain the existing level of access to existing public water-related
recreational facilities and improve access to Memorial Park, increase
public access to the waterfront on the sewage plant property and maintain
any streets and walkways which serve as links to Nyack's waterfront
and link public water-related recreational facilities via a liner
trail along the waterfront (Policies 9, 19 and 20).
(12)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected long-term structural measures and appropriate
siting of structures (Policies 11, 12, 13, 14, 16, 17 and 28).
(13)
Safeguard economic, social and environmental interests in the
coastal area when major actions are undertaken (Policy 18).
(14)
Maintain and improve public access to the shoreline and to water-related
recreational facilities while protecting the environment (Policies
21 and 22).
(15)
Protect, enhance and restore historic and archeological resources
(Policy 23).
(16)
Protect, restore and enhance visual quality, including views
from Route 9W, Tallman Place, Burd Street, Main Street, Lydecker Street,
Fourth Avenue, Second Avenue, First Avenue, Gedney Street and Memorial
Park (Policies 24, 25, 25A, 25B and 25C).
(17)
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, 29 and 40).
(18)
Prevent ice-management practices which could damage significant
fish and wildlife and their habitats (Policy 28).
(19)
Protect surface and groundwaters from direct and indirect discharge
of pollutants and from over use (Policies 30, 31, 32, 33, 34, 34A,
35, 36, 37, 38, 39 and 40).
(20)
Perform dredging and dredge spoil disposal in a manner protective
of natural resources (Policies 15 and 35).
(21)
Handle and dispose of hazardous wastes and effluents in a manner
which will not adversely affect the environment nor expand existing
landfills (Policy 39).
(22)
Protect air quality (Policies 41, 42 and 43).
(23)
Preserve and protect freshwater wetlands (Policy 44).
H.
If the agency determines that the action would cause a substantial
hindrance to the achievement of the LWRP policy standards and conditions,
such action shall not be undertaken unless the agency determines with
respect to the proposed action that:
(1)
No reasonable alternatives exist which permit the action to be undertaken
in a manner which will not substantially hinder the achievement of
such LWRP policy standards and conditions.
(2)
The action would be undertaken in a manner which will minimize all
adverse affects on such LWRP policy standards and conditions.
(3)
The action will advance one or more of the other LWRP policy standards
and conditions.
(4)
The action will result in an overriding of Village, regional or statewide
public benefit.
I.
Each agency shall maintain a file for each action made the subject
of a consistency determination. Such files shall be made available
for public inspection upon request.
The Village Building Inspector 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 Building Inspector has been presented with a
written determination from an agency that the action is consistent
with the Village's LWRP policy standard and conditions imposed.
In the event that an activity is not being performed in accordance
with the chapter or any conditions thereunder, the 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.
A.
A person who violates any of the provisions of or who fails to comply
with any condition imposed by this chapter shall be guilty of a violation
punishable by a fine not exceeding $500 for a conviction of a first
offense and punishable by a fine not exceeding $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.
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.
This chapter shall take effect immediately after the following
have both occurred:
