Village of Tarrytown, NY Chapter 300 Waterfront Consistency Review

[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.]

§ 300-1 Title.

This chapter will be known as the "Village of Tarrytown Waterfront Consistency Review Law."

§ 300-2 Authority, intent and purpose.

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.

§ 300-3 Definitions.

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

ACTION(S)

Either Type I or unlisted actions as defined in SEQRA regulations (6 NYCRR 617.2) which are undertaken by an agency and which include:

A. 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:

(1) Are directly undertaken by an agency;

(2) Involve funding by an agency; or

(3) Require one or more new or modified approvals from an agency or agencies.

B. Agency planning and policymaking activities that may affect the environment and commit the agency to a definite course of future conduct or decisions.

C. Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment.

D. Any combination of the above.

AGENCY

Any board, agency, department, office, other body or official of officer of the Village of Tarrytown.

COASTAL AREA

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.

COASTAL ASSESSMENT FORM (CAF)

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.

CONSISTENT

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.

DIRECT ACTION(S)

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.

LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)

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.

WATERFRONT COMMITTEE

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.

§ 300-4 Waterfront Advisory Committee.

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.

§ 300-5 Functions, powers and duties of Committee.

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.

§ 300-6 Review of actions.

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.

§ 300-7 Enforcement.

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.

§ 300-8 Penalties for offenses.

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.