[HISTORY: Adopted by the Board of Trustees of the Village of Larchmont
6-30-1986 by L.L. No. 5-1986. Amendments noted where applicable.]
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).[1]
[1]
Editor's Note: Said Article 42 is now referred to as "Waterfront Revitalization
of Coastal Areas and Inland Waterways."
A.
This chapter is intended to provide a framework for agencies
of the Village of Larchmont to consider the policies and purposes contained
in the local waterfront revitalization program when reviewing applications
for actions or direct agency actions and to assure, to the maximum extent
practicable, that such actions are consistent with said policies and purposes.
B.
It is the intention of the Village of Larchmont that
the preservation, enhancement and utilization of the natural and man-made
resources of the unique coastal area of the Village of Larchmont 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, it is the purpose of this chapter to achieve such
a balance, permitting the beneficial use of coastal resources while preventing
loss of living marine resources and wildlife; diminution of open space areas
or public access to the waterfront; erosion of shoreline; impairment of scenic
beauty; losses due to flooding, erosion and sedimentation; or permanent adverse
changes to ecological systems.
As used in this chapter, the following terms shall have the meanings
indicated:
A Type I or unlisted action as defined in the State Environmental
Quality Review Act.
[1]Any department, board, commission, public authority or other agency
of the Village of Larchmont which has jurisdiction by law to approve or directly
undertake a given action.
The Town of Mamaroneck - Village of Larchmont Coastal Zone Management
Commission established by Local Law No. 4-1986.
[2]An action planned and proposed for implementation by the municipality
or any public or quasi-public agency. Direct actions include but are not limited
to capital projects, procedure-making, policymaking and zoning.
The local waterfront revitalization program of the Town of Mamaroneck
and the Village of Larchmont, adopted in 1986, pursuant to Article 42 of the
Executive Law of the State of New York, and as amended from time to time.
A.
As early as possible in an agency's formulation of a
direct action or as soon as an agency receives an application for approval
of an action, the agency and the Coastal Zone Management Commission shall
follow the review procedures set forth in this chapter. No action subject
to these procedures shall begin until the procedures have been completed.
B.
The agency shall refer to the Commission a copy of the
application or plan for a proposed direct action, as the case may be.
C.
Submission of opinion.
(1)
The Commission, within 30 days from such referral, shall
render an opinion, in writing, to the referring agency, covering the following
questions:
(2)
The Commission may also, in its discretion, suggest ways
in which the purposes of the proposed action might be accomplished in a manner
that would result in less hindrance or no hindrance to the policies and purposes
of the LWRP and/or in greater advancement of them.
D.
If the Commission finds, in its opinion rendered under Subsection C of this section, that the proposed action will substantially hinder the achievement of or be substantially inconsistent with one or more policies of the LWRP, the referring agency shall, as soon as possible upon receiving the Commission's opinion and before commencing or permitting such action, issue a written statement either accepting the Commission's opinion with regard to such inconsistency or setting it aside in whole or in part. If any part of the finding of inconsistency is accepted, the proposed action may not begin unless and until the referring agency determines with respect to the proposed action, or any revision thereof which may be devised by it or presented to it in a revised application, that no reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy or policies; or the action taken will minimize all adverse effects on such policy or policies to the maximum extent practicable. In the case of direct action, the determination must further include a finding that the action will result in overriding public benefit. A determination by the referring agency under this subsection shall constitute a determination that the action is consistent to the maximum extent practicable with the approved LWRP as required by Article 42 of the Executive Law.
E.
In making any determination under Subsection D of this section, the referring agency shall take the opinion of the Commission fully into account and make it a part of the public record of its proceedings. Where the referring agency acts contrary to the opinion of the Commission, it shall state its reasons therefor in its determination.
