This chapter will be known as the "Town of Schodack Waterfront Consistency Review Law."
This chapter is adopted under the authority of the Municipal Home Rule Law, Article 42 of the Executive Law, Article 9 of the New York State Constitution and Article 5-G of the General Municipal Law and expressly supersedes any inconsistent general or local law.
All boards, departments, offices, other bodies or officers of the Town of Schodack must comply with this chapter, to the extent applicable, prior to carrying out, approving or funding any action other than Type II, exempt or excluded actions as those terms are defined in Part 617 of Title 6 of the official compilation of Codes, Rules, and Regulations of the State of New York.
As used in this chapter, the following definitions shall have the meanings indicated:
ACTIONS Either Type I of unlisted actions as defined in SEQR and 6 NYCRR Part 617 which are undertaken by an agency and which are:
A. Projects of physical activities, such as construction or other activities, which change the use or appearance of any natural resource or structure, which:
(1) Are directly undertaken by an agency;
(2) Involve funding by an agency; or
(3) Require one or more permits or approvals from an agency or agencies.
B. Agency planning and policy making activities that commit the agency to a course of future decisions.
C. Adoption of agency rules, regulations and procedures, including local laws and resolutions.
D. Combinations of the above.
AGENCY Any board, agency, department, office, other body or officer of the Town of Schodack.
COASTAL AREA The New York State coastal waters and adjacent shorelands as defined in Article 42 of the Executive Law that is located within the boundaries of the Town of Schodack as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Town of Schodack and Village of Castleton-On-Hudson Local Waterfront Revitalization Program.
COASTAL ASSESSMENT FORM (CAF) The form used by an agency to assist in determining the consistency of an action with the Local Waterfront Revitalization Program.
CONSISTENT The action will be fully in compliance with and not hinder any of the Town of Schodack/Village of Castleton-On-Hudson LWRP policy standards and conditions.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) The Local Waterfront Revitalization Program of the Town of Schodack and the Village of Castleton-On-Hudson as approved by the Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a copy of which is on file in the Office of the Clerk of the Town of Schodack.
The agency and the Committee shall coordinate the consistency determination process required by this chapter with the environmental review process required by SEQRA and 6 NYCRR Part 617 to the greatest extent possible.
The Town and Village Building Inspectors and/or Code Enforcement Officers shall be responsible for enforcing this chapter within their respective jurisdictions. No physical activity on a project in the coastal area that is subject to review under this chapter shall be commenced or undertaken until the Town Building Inspector and/or Code Enforcement Officer has been presented with a written determination from an agency that the action is consistent with the 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 Building Inspector and/or Code Enforcement Officer shall have the authority to issue a stop-work order requiring the immediate cessation of all work. No further physical activity shall be undertaken on the project so long as a stop-work order is in effect.
Any person who violates any of the provisions of this chapter shall have committed a violation, punishable by a fine of at least $50 and not exceeding $250 for a conviction of the first offense and punishable by a fine of at least $250 and not exceeding $1,000 for a conviction of a second or subsequent offense. After initial notice thereof, each week of continuing violation shall constitute a separate additional violation.