[HISTORY: Adopted by the Town Board of the Town of Schodack 3-25-1993
as L.L. No. 1-1993.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Freshwater wetlands — See Ch. 124.
Subdivision of land — See Ch. 188.
Zoning — See Ch. 219.
[1]
Editor's Note: This local law also repealed former Ch. 144, Local
Waterfront Revitalization Program Consistency, adopted 12-30-1991 as L.L.
No. 6-1991.
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.
A.
The purpose of this chapter is to provide a framework
for the consideration by agencies of the policies, purposes and common interests
contained in the Local Waterfront Revitalization Program when reviewing applications
for actions or considering direct agency actions located in the coastal area;
to assure that such actions are consistent with those policies and purposes;
and, toward that goal, to establish a Town of Schodack/Village of Castleton-On-Hudson
Waterfront Advisory Committee to provide for review of actions located within
the coastal area.
B.
It is the intention of the Town of Schodack that the
preservation, enhancement and utilization of the natural and man-made resources
of the 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, this chapter is intended
to achieve such a balance, permitting the beneficial use of coastal resources
while preventing: loss of living coastal resources and wildlife; diminution
of open space areas of 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.
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:
Either Type I of unlisted actions as defined in SEQR[1] and 6 NYCRR Part 617 which are undertaken by an agency and which
are:
Projects of physical activities, such as construction or other activities,
which change the use or appearance of any natural resource or structure, which:
Agency planning and policy making activities that commit the agency
to a course of future decisions.
Adoption of agency rules, regulations and procedures, including local
laws and resolutions.
Combinations of the above.
Any board, agency, department, office, other body or officer of the
Town of Schodack.
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.
The form used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
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.
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.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
A committee is created and shall be hereafter known as
the "Town of Schodack/Village of Castleton-On-Hudson Waterfront Advisory Committee"
(hereinafter "Committee").
B.
The Committee shall consist of nine members, four of
whom shall be appointed by the Village Mayor subject to confirmation by the
Village Board, and four of whom shall be appointed by the Town Supervisor
subject to confirmation by the Town Board. The ninth member, who shall be
the Chair, shall be jointly appointed by the Mayor of the Village and the
Supervisor of the town. Of the members of the Committee first appointed, three
shall hold office for terms of one year, three for terms of two years and
three for terms of three years. Their successors shall be appointed for terms
of three years from the expiration of the terms of their predecessors. Vacancies
shall be filled by the appointing boards and chief executive officers as designated
above.
C.
Each member appointed by the Board of Trustees shall
be a resident of the village, and each member appointed by the Town Board
shall be a resident of the town outside the village. The Chair of the Committee
shall reside in either the village or the town. Members shall be chosen for
their demonstrated knowledge.
D.
This Committee shall have the power to adopt rules of
procedure for the conduct of all business within its jurisdiction, including
but not limited to rules of attendance and conduct for the members themselves.
E.
Members of the Committee appointed by the town or village
may receive compensation, as the town or Board of Trustees, respectively,
may by resolution establish. Salary of the Chairperson shall be established
by joint resolution of the Village and Town Boards.
F.
The Committee is empowered to receive and expend such
funds as may be appropriated by the Village Board and/or Town Board for expenses
of the Committee.
A.
Whenever a proposed action is located in the 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 of this section.
B.
Whenever an agency receives an application for approval
of 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 (CAT) to assist with the consistency review.
C.
Prior to making its determination, the agency shall solicit
and consider the recommendation of the Committee with reference to the consistency
of the proposed action by offering a copy of the completed CAF and all other
relevant information to the Committee within 10 days of its receipt.
D.
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the policy standards and conditions set forth in Subsection G of this section. The Committee shall require the applicant to submit all completed applications, EAF's and any other information deemed to be necessary to its consistency recommendation.
E.
Consistency recommendation.
(1)
The Committee shall render its written recommendation
to the agency within 30 days following the submission by the applicant of
the required information, unless extended by mutual agreement of the Committee
and the applicant or, in the case of a direct action, the agency. The recommendation
shall indicate whether, in the opinion of the Committee, the proposed action
is consistent or inconsistent with one or more of the LWRP policy standards
or conditions. The recommendation shall state the manner and extent to which
any inconsistency affects the LWRP policy standards and conditions.
(2)
The Committee shall, along with its consistency recommendation,
make any suggestions to the agency concerning modification of the proposed
action to make it consistent with or to greater advance LWRP policy standards
and conditions.
(3)
Failure by the Committee to make a recommendation upon
a referral within the thirty-day time period or any agreed to extension shall
not preclude the agency from making its consistency determination for the
action.
F.
The agency shall make the determination of consistency
based on the CAF, the recommendation of the Committee and such other information
as is deemed to be necessary in its determination. The agency shall issue
its determination within seven days of the time for receipt of the Committee's
recommendation. If the Committee's recommendation is that the action
would be inconsistent and the agency determines that it is consistent, the
agency must make a detailed written account describing why its determination
disagrees with the recommendation.
G.
Actions to be undertaken within the coastal area 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 Town of Schodack/Village of Castleton-On-Hudson
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 direct
actions shall also consult with Section IV of the LWRP in making their consistency
determination. The action shall be consistent with the policy to:
(1)
Restore, revitalize and redevelop deteriorated and underutilized
waterfront areas for commercial, industrial, cultural, recreational public
access and other compatible uses (Policies 1, 1A and 1B).
(2)
Retain, encourage and prioritize the development of water-dependent
uses on or near coastal waters (Policy 2).
(3)
Encourage the protection and reestablishment of traditional
uses and activities which once gave the village a unique maritime identity
(Policy 4).
(4)
Ensure that development occurs where adequate public
infrastructure is available (Policy 5).
(5)
Streamline development permit procedures (Policy 6).
(6)
Protect fish and wildlife resources from chemical contamination
(Policy 7, 7A, 7B and 8).
(7)
Maintain and expand the recreational use of existing
fish and wildlife resources and the use of commercial fishing resources (Policy
9).
(8)
Minimize flooding and erosion hazards through proper
siting of buildings and structures; protection of natural protective features;
construction of carefully selected, long-term structural measures; and the
use of appropriate non-structural means (Policies 11, 12, 13, 13A, 14, 15
and 17).
(9)
Use public funds (state and federal) for erosion protection
structures only where necessary and in an appropriate manner (Policy 16).
(10)
Safeguard vital economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy 18).
(11)
Maintain and improve public access to the shoreline and
to water-related recreational resources while protecting natural and historic
resources and adjacent land uses (Policies 19, 19A and 20).
(12)
Encourage, facilitate and prioritize water-dependent
and water-enhanced recreational resources and facilities near coastal waters
(Policy 21).
(13)
Encourage the development of water-related recreational
resources and facilities, as multiple uses, in appropriate locations within
the shore zone (Policy 22).
(14)
Protect, restore and enhance historic resources (Policy
23).
(15)
Protect and enhance scenic and aesthetic resources (Policy
25).
(16)
Conserve and protect agricultural resources (Policy 26).
(17)
Site and construct energy facilities in a manner which
will be compatible with the environment and contingent upon the need for a
shorefront location and in such a manner as to avoid adverse environmental
impacts when in operation (Policies 27 and 40).
(18)
Ensure that ice management practices will not damage
significant fish and wildlife habitat, increase shoreline erosion or flooding
or interfere with hydroelectric production (Policy 28).
(19)
Protect coastal waters from direct and indirect discharge
or pollutants (Policies 30, 31, 32, 33, 34, 34A, 35, 36 and 37).
(20)
Ensure that dredging and dredge spoil disposal are undertaken
in a manner protective of natural resources (Policies 15 and 35).
(21)
Ensure that any transportation, handling, storage or
disposal of petroleum and other hazardous materials or wastes and effluent
is undertaken in a manner which will not adversely affect the environment
(Policy 36 and 39).
(22)
Ensure that the quality and quantity of surface water
and groundwater supplies will be conserved and protected (Policy 38).
(23)
Protect air quality (Policies 41 and 42).
(24)
Preserve and protect tidal freshwater wetlands (Policy
44).
H.
Findings.
(1)
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:
(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 policy standards and conditions;
(b)
The action would be undertaken in a manner which will
minimize all adverse effects on such LWRP policy standards and conditions
to the maximum extent practicable;
(c)
The action will advance one or more of the other coastal
policies; and
(d)
The action will result in an overriding town, regional
or statewide public benefit.
(2)
A finding in accordance with this subsection shall constitute
a determination that the action is consistent.
I.
Each agency shall maintain a file for each action made
the subject of a consistency determination, including any recommendations
received from the Committee. Such files shall be made available for public
inspection upon request pursuant to the terms and conditions of the New York
State Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
The agency and the Committee shall coordinate the consistency determination
process required by this chapter with the environmental review process required
by SEQRA[1] and 6 NYCRR Part 617 to the greatest extent possible.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
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.
