[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 9-7-1993 by L.L. No. 7-1993. (Note: This
chapter was originally adopted as Ch. 116, but was renumbered to fit
the alphabetical sequence of the Code.) Amendments noted where applicable.]
This chapter will be known as the "Village of
Tarrytown Waterfront Consistency Review Law."
A.
This chapter is adopted under the authority of the
Municipal Home Rule Law and the Waterfront Revitalization of Coastal
Areas and Inland Waterways Act (Article 42 of the Executive Law).
B.
This chapter is intended to provide a framework for
agencies of the Village of Tarrytown 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 that such actions are consistent with the said policies
and purposes.
C.
It is the intention of the Village of Tarrytown that
the preservation, enhancement and utilization of the natural and man-made
resources and water-dependent uses of the village'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.
D.
The substantive provisions of this chapter shall only
apply while there is in existence a Village Waterfront Revitalization
Program which has been adopted in accordance with Article 42 of the
Executive Law of the State of New York.
As used in this chapter, the following terms
shall have the meanings indicated:
Either Type I or unlisted actions as defined in SEQRA regulations
(6 NYCRR 617.2) which are undertaken by an agency and which include:
Projects or physical activities such as construction
or other activities that may affect the environment by changing the
use, appearance or condition of any natural resource or structure
that:
Agency planning and policymaking activities
that may affect the environment and commit the agency to a definite
course of future conduct or decisions.
Adoption of agency rules, regulations and procedures,
including local laws, codes, ordinances, executive orders and resolutions
that may affect the environment.
Any combination of the above.
Any board, agency, department, office, other body or official
of officer of the Village of Tarrytown.
The New York State coastal waters and adjacent shorelands
as defined in Article 42 of the Executive Law which are located within
the boundaries of the Village of Tarrytown shown on the coastal area
map on file with an office of the Secretary of State and as delineated
in the Village of Tarrytown Local Waterfront Revitalization Program.
The form, contained in Appendix A,[1] used by an agency to assist it in determining the consistency
of an action with the LWRP policy standards.
That the action will fully comply with and not hinder any
of the Village of Tarrytown LWRP standards and conditions and, whenever
practicable, will advance one or more of them.
Actions planned and proposed for implementation by an agency,
such as but not limited to a capital project, rule making, procedure
making and policy making.
The Local Waterfront Revitalization Program of the Village
of Tarrytown, 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 Village of Tarrytown.
The Waterfront Advisory Committee of the Village of Tarrytown,
as created pursuant to this chapter.
[1]
Editor's Note: Appendix A is on file in the
office of the Village Clerk.
A.
A Committee is created and shall be hereafter known
as the "Waterfront Advisory Committee" of the Village of Tarrytown
(hereafter "Committee"). This Committee is charged with the functions,
powers and duties set forth in this chapter.
B.
Terms of members; appointment. The Board of Trustees
of the Village of Tarrytown is hereby authorized to appoint five persons
to said Committee, all of whom shall be residents of the Village of
Tarrytown. Of the members of the Committee first appointed, one shall
hold office for a term of year, one for a term of two years, one for
a term of three, years, one for a term of four years and one for a
term of five years from and after this appointment. Their successors
shall be appointed for the term of five years from and after the expiration
of the term of their predecessors in office. Vacancies shall be filled
by the Mayor by appointment for the unexpired term. Members may be
removed by the Board of Trustees for cause and after a public hearing.
C.
Members shall be chosen for their demonstrated interest,
knowledge, ability and readiness to serve the Committee in the functions
described in this chapter and with due regard for maintaining among
the membership a range of special aptitudes and expertise in areas
relevant to the work of the Committee.
D.
The Mayor shall annually appoint one Committee member
to serve as chairperson of the Committee. Upon failure of the Mayor
to appoint a chairperson, the members of the Village Board are to
elect a chairperson.
E.
The Committee may employ such persons as may be needed
and as authorized by the Village Board and pursuant to law. The Committee
shall have the power to adopt rules of procedure for the conduct of
all business within its jurisdiction. Such rules shall become effective
upon approval of the Village Board.
The Committee shall be responsible for overall
management and coordination of the LWRP and will fully participate
with and advise and assist other village agencies in the implementation
of the LWRP, its policies and projects, including physical, legislative,
regulatory, administrative and other actions included in the program.
In pursuance of this task, the Committee will:
A.
Advise the Village Board on implementation, priorities,
work assignments, timetables and budgetary requirements of the program.
B.
As described in § 300-6 of this chapter, review direct funding and permitting actions of the village, including applications for site plans, zone changes, subdivisions and public works projects in the coastal area as are referred to it and make recommendations to the appropriate agency as to their consistency with the LWRP policy standards.
C.
Subject to the approval of the Village Board, make
application for funding from state, federal or other sources to finance
projects under the LWRP.
D.
Maintain liaison with related village bodies, including
but not limited to the Planning Board and Zoning Board, and with concerned
nongovernmental bodies, in order to further the implementation of
the LWRP.
E.
Upon the request of the Village Board, evaluate in
timely fashion proposed actions of state agencies within the coastal
zone in order to assure consistency of such actions with the LWRP,
advise the Village Board of any conflicts and participate in discussion
to resolve such conflicts.
F.
Assist the Village Board in the review of proposed
federal actions referred to it by the Department of State and provide
its opinion concerning the consistency of the action.
G.
Prepare an annual report on progress achieved and
problems encountered during the year, and recommend such actions as
the Committee considers necessary for the further implementation of
the LWRP to the appropriate body and the Village Board.
A.
Whenever a proposed action is located in the village's coastal area, an agency shall, prior to approving, funding or undertaking the action, make a written determination that it is consistent with the LWRP policy standards set forth in Subsection G of this section.
B.
Whenever an agency receives an application for approval
or funding of an action or as early as possible in the agency's formulation
of a direct action to be located in the village's coastal area, the
applicant or, in the case of a direct action, the agency shall prepare
a Coastal Assessment Form (CAF) to assist with the consistency review.
C.
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP 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.
D.
Committee recommendation.
(1)
The Committee shall render its written recommendation
to the agency within 30 days following submission 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. The recommendation shall state the manner
and extent to which any inconsistency affects the LWRP policy standards.
(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 LWRP policy standards or
to greater advance the policy standards.
(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.
E.
Agency determination.
(1)
The agency shall make the determination of consistency
based on the CAF, the EAF, the recommendation of the Committee and
such other information as is deemed to be necessary in its determination.
(2)
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.
F.
Consistency with LWRP policy standards.
(1)
Actions to be undertaken within the coastal area shall
be evaluated for consistency in accordance with the following LWRP
policy standards, which are derived from and further explained and
described in Section III of the Village of Tarrytown 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 Section IV of the LWRP in making
their consistency determination. The action shall be consistent with
the policy to:
(a)
Revitalize deteriorated and underutilized waterfront
areas (Policy 1).
(b)
Retain and promote water-dependent uses (Policy
2).
(c)
Development of harbor areas (Policy 4).
(d)
Ensure that development occurs where adequate
public infrastructure is available to reduce health and pollution
hazards (Policy 5).
(e)
Streamline development permit procedures (Policy
6).
(f)
Protect significant and locally important fish
and wildlife habitats from human disruption and chemical contamination
(Policies 7, 7A, 8).
(g)
Maintain and expand commercial fishing facilities
to promote commercial and recreational fishing opportunities (Policies
9, 10).
(h)
Minimize flooding and erosion hazards through
nonstructural means, carefully selected long-term structural measures
and appropriate siting of structures (Policies 11, 12, 13, 14, 16,
17, 28).
(i)
Safeguard economic, social and environmental
interests in the coastal area when major actions are undertaken (Policy
18.)
(j)
Maintain and improve public access to the shoreline
and to water-related recreational facilities while protecting the
environment (Policies 2, 19, 20, 21, 22).
(k)
Protect and restore historic and archaeological
resources (Policy 23).
(l)
Protect and upgrade scenic resources (Policy
25).
(m)
Prevent ice management practices which could
damage significant fish and wildlife and their habitats (Policy 28).
(n)
Protect surface and groundwater from direct
and indirect discharge of pollutants and from overuse (Policies 30,
31, 33, 34, 35, 36, 37, 38).
(o)
Perform dredging and dredge spoil disposal in
a manner protective of natural resources (Policies 15, 35).
(p)
Handle and dispose of hazardous wastes and effluent
in a manner which will not adversely affect the environment (Policy
39).
(q)
Protect air quality (Policies 41, 42, 43).
(r)
Protect tidal and freshwater wetlands (Policy
44).
(2)
If the agency determines that the action would not
be consistent with one or more of the LWRP policy standards, such
action shall not be undertaken unless the agency makes a written finding
with respect to the proposed action that:
(a)
No reasonable alternatives exist which would
permit the action to be undertaken in a manner which would not substantially
hinder the achievement of such LWRP policy standards;
(b)
The action would be undertaken in a manner which
will minimize all adverse effects on such LWRP policy standards;
(c)
The action will advance one or more of the other
LWRP policy standards; and
(d)
The action will result in an overriding village,
regional or state-wide public benefit.
(3)
Such a finding shall constitute a determination that
the action is consistent with the LWRP policy standards.
G.
The agency shall have the authority, in its finding
of consistency, to impose practicable and reasonable conditions on
an action to ensure that it is carried out in accordance with this
chapter.
H.
Each agency shall maintain a file for each action
made subject of a consistency determination, including any recommendations
received from the Committee. Such files shall be made available for
public inspection upon request.
The Building Inspector shall be responsible
for enforcing this chapter. No work or activity on a project in the
coastal area which is subject to review under this chapter shall be
commenced or undertaken until the Building Inspector has been presented
with a written determination issued by an agency that the action is
consistent with the village's 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 shall issue a stop-work order. No further work or 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 or who fails to comply with any condition imposed by this chapter shall have committed a violation with penalties as provided in Chapter 1, General Provisions, Article II. The continuation of such violation for each successive week shall constitute a separate additional violation.
