Town of Esopus, NY Chapter 44 Waterfront Revitalization Program

[HISTORY: Adopted by the Town Board of the Town of Esopus 4-8-1987 by L.L. No. 3-1987. (This local law also provided that it shall be effective upon the approval of the LWRP by the Secretary of State of the State of New York.) Amendments noted where applicable.]

GENERAL REFERENCES

Environmental Board — See Ch. 9.

Planning Board — See Ch. 34.

Waterfront Advisory Board — See Ch. 43.

Subdivision of land — See Ch. 107.

Zoning — See Ch. 123.

§ 44-1 Authority; intent; purpose.

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).

B. This chapter is intended to provide a framework for agencies of the Town of Esopus to consider the policies and purposes contained in the Local Waterfront Revitalization Program (LWRP) 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.

C. It is the intention of the Town of Esopus that the preservation, enhancement and utilization of the natural and manmade resources of the town's unique coastal area 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; shoreline erosion; impairment of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems.

§ 44-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACTION

A Type I, Type II or unlisted action as defined in the State Environmental Quality Review Act.[1]

AGENCY

Any department, board, commission, public authority or other agency of the Town of Esopus which has jurisdiction by law to approve or directly undertake a given action.

DIRECT ACTION

An action which is planned and proposed for implementation by the Town of Esopus. "Direct actions" include but are not limited to capital projects, procedure-making, policy-making and zoning.

LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP

The Local Waterfront Revitalization Program of the Town of Esopus adopted in 1987 pursuant to Article 42 of the Executive Law of the State of New York and as amended from time to time.

WATERFRONT ADVISORY BOARD or BOARD

The Town of Esopus Waterfront Advisory Board established by Local Law No. 2-1987.[2]

[1] Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.

[2] Editor's Note: See Ch. 43, Waterfront Advisory Board.

§ 44-3 Review of actions.

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 Waterfront Advisory Board 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 Board a copy of the application or plan for a proposed direct action, as the case may be.

C. Opinion.

(1) The Board, within 30 days from such referral, shall render an opinion in writing to the referring agency covering the following questions:

(a) Whether the proposed action is inconsistent with one or more of the policies of the LWRP and, if so, in what way.

(b) Whether the proposed action will advance one or more of said policies and, if so, how.

(c) If Subsection C(1)(a) and (b) are both answered in the affirmative, whether and to what extent the inconsistency outweighs or is outweighed by the advancement when measured by the purposes of the LWRP.

(2) The Board 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 Board 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 Board's opinion and before commencing or permitting such action, issue a written statement either accepting the Board's opinion with regard to such inconsistency or setting it aside in whole or in part.

(1) 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:

(a) 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.

(b) The action taken will minimize all adverse effects on such policy or policies to the maximum extent practicable.

(2) In the case of a direct action, the determination must further include a finding that the action will result in an overriding public benefit.

(3) 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 Executive Law, Article 42.

E. In making any determination under Subsection D, the referring agency shall take the opinion of the Board 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 Board, it shall state the basis upon which it has found that the action is either consistent with the policies of the LWRP or that the conditions of Subsection D above have been satisfied.