[HISTORY: Adopted by the Town Board of the
Town of Huntington 4-18-2000 by L.L. No. 9-2000. Amendments noted where
applicable.]
This chapter shall be known as the "Town of
Huntington Local Waterfront Consistency Review Law" and shall be applicable
only to actions within the Local Waterfront Revitalization Area (LWRA)
as defined herein.
A.
This chapter is adopted under the authority of the
Municipal Home Rule Law, General Municipal Law, Town Law and Article
42 of the Executive Law.
B.
The purpose of this chapter is to establish procedures
by which actions in the LWRA shall be reviewed for consistency with
the policies and purposes contained in the Town of Huntington Local
Waterfront Revitalization Program (LWRP).
C.
The intent of this chapter is to ensure that utilization,
preservation, and enhancement of natural and man-made resources within
the LWRA occur in a comprehensive and coordinated manner to promote
a proper and desirable balance among the resources, uses, development,
redevelopment and economic growth or viability. Accordingly, this
chapter is intended to accomplish such a balance, permitting the beneficial
use of coastal resources, while preventing, to the extent achievable,
the loss or impairment of desirable coastal and aquatic wildlife habitats;
the loss or reduction of open space; the loss or reduction of public
access to the waterfront; the loss or impairment of scenic and historical
resources; losses due to flooding, erosion and sedimentation; impairment
of water quality; and long-term adverse changes to the natural and
human environment of the coastal area.
D.
The provisions of this chapter shall apply only to
actions within the LWRA area, pursuant to the Town of Huntington LWRP,
as adopted by the town and approved by the Secretary of State.
As used in this chapter, the following terms
shall have the meanings indicated:
All those actions designated as Type I, unlisted and Type
II pursuant to the New York State Environmental Quality Review Act
(SEQRA); provided, however, that the Type II actions listed below
shall not be subject to consistency review as defined in this chapter:
Repaving of existing highways not involving
the addition of new travel lanes.
Street openings and right-of-way openings for
the purpose of repair or maintenance of existing utility facilities.
Maintenance of existing landscaping only and
natural growth.
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.
Installation of traffic control devices on existing
streets, roads and highways.
Mapping of existing roads, streets, highways,
natural resources, land uses and ownership patterns.
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.
Routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment.
Collective bargaining activities.
Investments by or on behalf of agencies or pension
or retirement systems, or, refinancing existing debt.
Purchase or sale of furnishings, equipment or
supplies, including surplus governmental property, other than the
following: land, radioactive material, pesticides, herbicides or other
hazardous materials.
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 have
been fulfilled.
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.
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 consistency review, where applicable.
Includes any official board, department, office, council
or other body or officer of the Town of Huntington.
Includes any person, other than the agency, that proposes
an action located within the LWRA.
A form developed by the Department of Maritime Services that
is to be completed by the agency or an applicant and used by the Department
of Maritime Services to assist in determining the consistency of an
action with the policies and purposes of the LWRP.
The action will fully comply with all applicable policies
and purposes of the LWRP and, whenever practicable, advances one or
more of said policies or purposes.
The Director of the Department of Maritime Services of the
Town of Huntington.
A state, county or local government agency, other than the
town, that has the jurisdiction by law to fund, approve or directly
undertake an action. If any of the listed agencies is required to
make a discretionary decision to fund, approve or undertake an action,
then it is an involved agency, notwithstanding that it has not received
an application for funding or approval at the time the SEQRA process
is commenced. The lead agency is also an involved agency.
The area defined in the Local Waterfront Revitalization Program
of the Town of Huntington.
The program of the Town of Huntington regarding local waterfront
revitalization as adopted by the Town Board of the Town of Huntington
and approved by the New York Secretary of State, a copy of which shall
be maintained in the office of the Town Clerk of the Town of Huntington
for public review.
Includes natural persons, corporations, partnerships, unincorporated
associations or any other organizations of two or more persons, excluding
the Town of Huntington and/or any agency, department or political
subdivision thereof.
The New York State Environmental Quality Review Act and any
rules and regulations promulgated thereunder.
The Town of Huntington.
A.
The Department of Maritime Services shall conduct
reviews of all proposed actions within, the LWRA for their consistency
with the policies or purposes of the LWRP, in accordance with the
procedures outlined in this chapter.
B.
The Director or the Director's designee is hereby
designated to make determinations of consistency of a proposed action
with the LWRA. The Director shall coordinate reviews of state actions
and actions involving federal agencies in accordance with the New
York State Department of State Coastal Management Program Guidelines
for Notification and Review of Federal or State Agency Actions Where
Local Waterfront Revitalization Programs are in Effect.
A.
No action being considered in the LWRA shall be approved, funded or directly undertaken by the town until the Director makes a written determination that such proposed action is consistent with the LWRP policies and purposes set forth in § 134-6 of this chapter. The Director shall commence the consistency review of an action as early in the town's review process as possible.
B.
Prior to the commencement of a consistency review
for any action proposed with the LWRA by an agency or applicant, the
agency or applicant shall complete a Coastal Assessment Form (CAF)
to assist the Director with the LWRP consistency review.
C.
The agency proposing an action on its own behalf or
receiving an application for authorization or funding from an applicant
shall forward a copy of the completed CAF together with a description
of the direct action by an agency, or an application for authorization
or funding, to the Department of Maritime Services within ten (10)
days of the completion of the CAF by the agency or receipt of the
CAF from the applicant. The Department of Maritime Services may make
a written request for additional information concerning the proposed
activity, which shall be provided by the agency or applicant in a
timely manner, but in no event later than thirty (30) days after the
issuance of a written, request for additional information from the
Department of Maritime Services.
D.
If the Director determines that it is necessary for
other involved agencies to review the action, a copy of the CAF, the
SEQRA environmental assessment form, application and any other pertinent
supporting materials shall be forwarded to each such involved agency
for its review and comment. If there is no response from an involved
agency within thirty (30) days, the Director shall presume that the
involved agency has no comment.
E.
After review of the CAF and related materials and
any comment received from involved agencies or other interested parties,
the Director shall make a written consistency determination. Such
determination shall be made within sixty (60) days of receipt of the
completed CAF, or of any additional information that was requested,
whichever is later. This sixty-day comment period may be extended
by mutual agreement between the town and the applicant. If an environmental
impact statement is required for a proposed action pursuant to SEQRA,
the Director's decision may be deferred until an FEIS has been completed.
F.
Determinations by the Director.
(1)
If the Director determines that the action is not
consistent with one or more LWRP policies or purposes, they shall
provide the agency or applicant with a written statement identifying
the policies or purposes of the LWRP with which the proposed action
is not consistent.
(2)
Where an action has been determined to be inconsistent
with the policies and purposes of the LWRP, the agency or applicant
may propose modifications in writing, which if determined to be sufficient
by the Director, may result in a finding of consistency.
(3)
Any modification agreed to by an agency or applicant
and the Director shall be binding on the agency or applicant and shall
be included as a condition in writing in any approvals and/or authorizations.
G.
If an environmental impact statement (EIS) is required
for an action in the LWRA, the draft EIS (DEIS) shall contain a discussion
of the effects of the action on all applicable LWRP policies and purposes.
The DEIS shall be reviewed by the Department of Maritime Services,
which shall provide comments to the lead agency on the consistency
of the action with the LWRP policies and purposes. A written consistency
determination shall be provided in the final EIS for the action.
H.
Alternate findings.
(1)
If the Director determines that the action would not
be consistent with one or more of the LWRP policies and purposes,
such action shall not be undertaken unless the Director finds, 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 policies and purposes; and
(b)
The action would be undertaken in a manner which
would minimize all adverse effects on such LWRP policies and purposes
to the maximum extent practicable; and
(c)
The action advances one or more of the other
LWRP policies and purposes; and
(d)
The action will result in overriding town, regional
or statewide public benefit.
(2)
Such finding shall constitute a determination that
the action is consistent with the LWRP policies and purposes of the
LWRP.
I.
The Department of Maritime Services shall maintain
a file for each action made the subject of a consistency determination.
This file shall be made available for public inspection upon request,
subject to the requirements of the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. VI of the Public Officers
Law, §§ 84ff.
Actions to be undertaken in the LWRA shall be
evaluated for their consistency with the LWRP policies and subpolicies
listed below and the purposes of the LWRP, including the land and
water use plan in Section IV of the LWRP. The policies and subpolicies
are described and explained in greater detail in the adopted LWRP,
a copy of which is on file in the Huntington Town Clerk's Office and
in the offices of the Department of Maritime Services, and is available
for inspection during normal business hours.
A.
POLICY 1. Foster a pattern of development in the Huntington
Harbor coastal area that enhances community character, preserves open
space, makes efficient use of infrastructure, makes a beneficial use
of a coastal location and minimizes adverse effects of development.
(1)
Subpolicies:
|
1.1
|
Concentrate development and redevelopment in
or adjacent to traditional waterfront communities.
| |
|
1.2
|
Ensure that development or uses take appropriate
advantage of their coastal location.
| |
|
1.3
|
Protect stable residential areas.
| |
|
1.4
|
Maintain and enhance natural areas, recreation
and open space.
| |
|
1.5
|
Minimize adverse impacts of new development
and redevelopment.
| |
|
1.6
|
Develop the Naval Reserve property with one
or more uses that optimize public benefit and minimize impacts to
natural and cultural resources.
| |
|
1.7
|
Redevelopment within the LWRA should strive
to maintain a mix of recreational and waterfront uses and other compatible
uses.
| |
|
1.8
|
Redevelopment within the LWRA should be undertaken
in a manner that is consistent with the environmental and physical
constraints of this area, particularly with respect to traffic congestion.
| |
|
1.9
|
Interagency cooperation is encouraged to formulate
appropriate measures to mitigate existing traffic congestion on the
roadway system surrounding the lower portion of Huntington Harbor.
| |
|
1.10
|
In cases where the unauthorized expansion or
intensification of a nonconforming use in a residential zoning district
exists, the town will require the facility to become legally conforming,
by requiring either that the facility owner seek to legalize such
expansion or intensification of use or eliminate such expansion or
intensification of use.
| |
|
1.11
|
Explore the feasibility of consolidating town
landholdings to create larger areas of contiguous public property.
|
B.
POLICY 2. Preserve historic resources of the Long
Island Sound coastal area.
[Amended 7-13-2021 by L.L. No. 35-2021]
(1)
Subpolicies:
|
2.1
|
Maximize preservation and retention of historic
resources.
| |
|
2.2
|
Protect and preserve archaeological resources.
| |
|
2.3
|
Protect and enhance resources that are significant
to the coastal culture of Long Island Sound and Huntington Harbor.
| |
|
2.4
|
Preserve locally important historic resources
by evaluating the compendium of candidate resources that has been
compiled by the Town Planning and Environment Department and expand
the list of local historic landmarks as appropriate.
| |
|
2.5
|
Increase public awareness of the historical
resources and maritime heritage of the Harbor area through the installation
of informational signs at appropriate locations.
|
C.
POLICY 3. Enhance visual quality and protect scenic
resources throughout Huntington Harbor.
(1)
Subpolicies:
|
3.1
|
Protect and improve visual quality throughout
the coastal area.
| |
|
3.2
|
Protect aesthetic values associated with recognized
areas of high scenic quality.
|
D.
POLICY 4. Minimize loss of life, structures and natural
resources from flooding and erosion.
(1)
Subpolicies:
|
4.1
|
Minimize losses of human life and structures
from flooding and erosion hazards.
| |
|
4.2
|
Preserve and restore natural protective features.
| |
|
4.3
|
Protect public lands and public trust lands
and use of these lands when undertaking all erosion or flood-control
projects.
| |
|
4.4
|
Manage navigation infrastructure to limit adverse
impact on coastal processes.
| |
|
4.5
|
Ensure that expenditure of public funds for
flooding- and erosion-control projects results in a public benefit.
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|
4.6
|
Consider sea level rise when siting and designing
projects involving substantial public expenditures.
| |
|
4.7
|
Mitigate existing flooding problems within the
Huntington Harbor LWRA.
| |
|
4.8
|
Mitigate existing erosion problems within the
Huntington Harbor LWRA.
|
E.
POLICY 5. Protect and improve water quality and supply
in the Huntington Harbor coastal area.
(1)
Subpolicies:
|
5.1
|
Prohibit direct and indirect discharges which
would cause or contribute to contravention of water quality standards.
| |
|
5.2
|
Manage land use activities and use best management
practices to minimize nonpoint pollution of coastal waters.
| |
|
5.3
|
Protect and enhance quality of coastal waters.
| |
|
5.4
|
Limit the potential of adverse impacts of watershed
development on water quality and quantity.
| |
|
5.5
|
Protect and conserve the quality and quantity
of potable water.
| |
|
5.6
|
Where feasible, and as budgetary considerations
allow, mitigate existing stormwater-derived sources of contamination
to Huntington Harbor.
| |
|
5.7
|
Minimize impacts to water quality in Huntington
Harbor caused by excessive waterfowl populations.
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|
5.8
|
Minimize impacts to water quality in Huntington
Harbor caused by the effluent discharge from the Huntington Wastewater
Treatment Plant, in accordance with the requirements of applicable
regulations.
|
F.
POLICY 6. Protect and restore the quality and function
of the Huntington Harbor ecosystem.
(1)
Subpolicies:
|
6.1
|
Protect and restore ecological quality in Huntington
Harbor.
| |
|
6.2
|
Protect and restore tidal and freshwater wetlands.
| |
|
6.3
|
Protect vulnerable fish, wildlife and plant
species, and rare ecological communities.
| |
|
6.4
|
Consider implementing habitat restoration at
Mill Dam Pond.
| |
|
6.5
|
Consider undertaking projects to restore tidal
wetlands along the shores of Huntington Harbor.
|
G.
POLICY 7. Protect and improve air quality in the Huntington
Harbor coastal area.
(1)
Subpolicies:
|
7.1
|
Control or abate existing, and prevent new,
air pollution.
| |
|
7.2
|
Limit discharges of atmospheric radioactive
material to a level that is as low as practicable.
| |
|
7.3
|
Limit sources of atmospheric deposition of pollutants
to the Sound, particularly from nitrogen sources.
|
H.
POLICY 8. Minimize environmental degradation in the
Huntington Harbor coastal area from solid waste and hazardous substances
and wastes.
(1)
Subpolicies:
|
8.1
|
Manage solid waste to protect public health
and control pollution.
| |
|
8.2
|
Manage hazardous waste to protect public health
and control pollution.
| |
|
8.3
|
Protect the environment from degradation due
to toxic pollutants and substances hazardous to the environment and
to public health.
| |
|
8.4
|
Prevent and remediate discharge of petroleum
products.
| |
|
8.5
|
Transport solid waste and hazardous substances
and waste in a manner which protects the safety, well-being and general
welfare of the public; the environmental resources of the state; and
the continued use of transportation facilities.
| |
|
8.6
|
Site solid and hazardous waste facilities to
avoid potential degradation of coastal resources.
|
I.
POLICY 9. Provide for public access to, and the recreational
use of, coastal waters, public lands and public resources of the Huntington
Harbor coastal area.
(1)
Subpolicies:
|
9.1
|
Promote appropriate and adequate physical public
access and recreation throughout the coastal area.
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|
9.2
|
Preserve visual access from public lands to
coastal lands and waters and, where appropriate and feasible, enhance
existing public facilities, and provide new opportunities for viewing
the scenic resources of Huntington Harbor.
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|
9.3
|
Preserve the public interest in and use of lands
and waters held in public trust by the Town of Huntington; Suffolk
County; and New York State.
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|
9.4
|
Assure public access to public trust lands and
navigable waters.
| |
|
9.5
|
Ensure that the form of new or enhanced public
access at any given location is based on site-specific environmental,
infrastructural and social constraints.
| |
|
9.6
|
In association with suggested habitat restoration
at Mill Dam Pond, enhance Mill Dam Pond for passive recreational uses.
| |
|
9.7
|
Avoid actions that would further decrease the
availability of the swimming area at Gold Star Battalion Beach for
public use due to elevated levels of coliform bacteria, and seek to
implement actions that would improve water quality in this area so
as to enhance public access.
| |
|
9.8
|
Ensure that vessel operations do not significantly
impair the use of established bathing beaches.
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|
9.9
|
Consider exploring the feasibility of improving
public access along West Shore Road.
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|
9.10
|
Facilitate the siting of appropriate water-related
public facilities at Coindre Hall.
| |
|
9.11
|
Evaluate the desirability of converting the
use of property currently occupied by the American Legion Hall to
water-related public recreational use.
| |
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9.12
|
Evaluate the town-owned leaseholds within the
LWRA to determine the consistency of the involved uses with overall
LWRP goals and standards.
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|
9.13
|
Enhance the physical linkage between the Huntington
Village downtown area and the waterfront of Huntington Harbor.
|
J.
POLICY 10. Protect Long Island Sound and Huntington
Harbor's water-dependent uses and promote siting of new water-dependent
uses in suitable locations.
(1)
Subpolicies:
|
10.1
|
Protect existing water-dependent uses.
| |
|
10.2
|
Promote maritime centers as the most suitable
locations for water-dependent uses.
| |
|
10.3
|
Allow for development of new water-dependent
uses outside of maritime centers.
| |
|
10.4
|
Improve the economic viability of water-dependent
uses by allowing for non-water-dependent accessory and multiple uses,
particularly water-enhanced and maritime support services.
| |
|
10.5
|
Minimize adverse impacts of new and expanding
water-dependent uses, provide for their safe operation and maintain
regionally important uses.
| |
|
10.6
|
Provide sufficient infrastructure for water-dependent
uses.
| |
|
10.7
|
Promote efficient harbor operation.
| |
|
10.8
|
Optimize the surface water use of Huntington
Harbor for the various user groups, while minimizing adverse effects
on natural resources and the human environment.
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|
10.9
|
Develop and implement a monitoring program to
facilitate timely public dredging projects.
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|
10.10
|
Protect and preserve the commercial fishing
industry in Huntington Harbor, but in a manner that minimizes the
impacts that commercial fishing activities have on other uses.
| |
|
10.11
|
Seek to establish a cooperative mechanism among
the three (3) municipalities sharing jurisdiction over the water surface
area of Huntington Harbor in order to ensure effective oversight of
in-water activities.
|
K.
POLICY 11. Promote sustainable use of living marine
resources in Long Island Sound.
(1)
Subpolicies:
|
11.1
|
Ensure the long-term maintenance and health
of living marine resources.
| |
|
11.2
|
Provide for commercial and recreational use
of the Sound's finfish, shellfish, crustaceans and marine plants.
| |
|
11.3
|
Maintain and strengthen a stable commercial
fishing fleet in Long Island Sound.
| |
|
11.4
|
Promote recreational use of marine resources.
| |
|
11.5
|
Promote managed harvest of shellfish originating
from uncertified waters.
| |
|
11.6
|
Promote aquaculture.
|
L.
POLICY 12. Protect agricultural lands in the eastern
Suffolk County portion of Long Island Sound's coastal area. (This
policy is not applicable to the Town of Huntington.)
M.
POLICY 13 Promote appropriate use and development
of energy and mineral resources.
(1)
Subpolicies:
|
13.1
|
Conserve energy resources.
| |
|
13.2
|
Promote alternative energy sources that are
self-sustaining, including solar- and wind-powered energy generation.
| |
|
13.3
|
Ensure maximum efficiency and minimum adverse
environmental impact when siting major energy-generating facilities.
| |
|
13.4
|
Minimize adverse impacts from fuel storage facilities.
| |
|
13.5
|
Minimize adverse impacts associated with mineral
extraction.
|
(A)
Enforcement of the provisions of this chapter shall
be coordinated through the Department of Maritime Services.
(B)
No person shall commence or undertake an action subject
to review under this chapter until a written determination has been
made stating that the action is consistent with the LWRP policies
and purposes. In the event that an action in the LWRA is being conducted
by a person without such written determination, a notice of violation,
appearance ticket, summons and/or a stop-work order shall be issued
immediately, and no further work shall be undertaken on the project
so long as the stop-work order is in effect.
[Amended 7-21-2020 by L.L. No. 20-2020]
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Any person who violates any provisions of, or fails to comply with,
any condition imposed by this chapter shall have committed an offense,
punishable by a fine of not less than five hundred ($500.) dollars
and not more than one thousand dollars ($1,000.) upon conviction of
a first offense, and punishable by a fine of not less than one thousand
five hundred ($1,500.) dollars and not more than five thousand dollars
($5,000.) for a conviction of a second or subsequent offense committed
within five (5) years of the first offense. Each day of continuing
violation after a stop-work order has been issued will constitute
a separate first-offense violation. Any person found by the Bureau
of Administrative Adjudication to have violated a provision of, or
a condition imposed by, this chapter shall likewise be subject to
a monetary penalty in an amount within the range of fines authorized
herein for a first offense, subsequent offenses, and continuing offenses,
respectively.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this chapter. Any
civil penalty imposed shall be in addition to and not in lieu of any
criminal prosecution or penalty associated with the violation.
(C)
In addition to any other remedy provided by law, the town attorney
may bring an action for civil and injunctive relief in the name of
the Town in a court of competent jurisdiction to enforce this chapter,
and nothing contained in this chapter shall be construed to limit
the town's ability to institute any such action.
