This chapter will be known as the "Village of Greenport Waterfront Consistency
Review Law."
This chapter is adopted under the authority of the Municipal Home Rule
Law and the Waterfront Revitalization and Coastal Resources Act of the State
of New York (Article 42 of the Executive Law).
The purpose of this chapter is to implement the consistency review regulations
and procedures for the Village of Greenport Local Waterfront Revitalization
Program thereby incorporating environmental factors and consideration of coastal
resources into existing planning and decisionmaking processes.
All boards, departments, offices, other bodies or officers of the Village
of Greenport 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 terms shall have the meanings
indicated:
ACTIONS
A.
Projects or 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.
(3)
Require one (1) 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
Village of Greenport.
COASTAL AREA
The New York State coastal waters and adjacent shorelands as defined
in Article 42 of the Executive Law. The boundaries of the village's coastal
area are coincident with the village's municipal boundary as shown on the
Coastal Area Map on file in the office of the Secretary of State and as delineated
in the Village of Greenport Local Waterfront Revitalization Program.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist it 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 Village of Greenport Local Waterfront Revitalization Program policy standards
and conditions.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Village of Greenport,
as approved by the Secretary of State pursuant to the Waterfront Revitalization
and Coastal Resources Act (Executive Law, Article 42), a copy of which is
on file in the Office of the Clerk of the Village of Greenport.
Actions to be undertaken 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 Village of
Greenport 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
actions shall also consult with Section IV of the LWRP in making their consistency
determination. The action shall be consistent with the policy to:
A. Revitalize Greenport's waterfront area and central business
district by redeveloping deteriorated/underutilized properties for commercial
and recreational uses (Policies 1, 1A, 1B).
B. Retain and promote commercial and recreational water-dependent
uses (Policy 2).
C. Strengthen the economic base of Greenport Harbor by encouraging
the development of maritime uses (Policy 4).
D. Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards (Policies
5 and 5A).
E. Protect fish and wildlife resources from chemical contamination
(Policy 8).
F. Maintain and expand commercial fishing facilities to
promote commercial and fishing opportunities (Policies 10 and 10A).
G. Minimize flooding and erosion hazards through nonstructural
means and carefully selected, long-term structural measures (Policies 11,
12, 13A, 14, 15, 16 and 17).
H. Maintain and improve public access to the shoreline and
to water-related recreational facilities while protecting the environment
(Policies 2, 9, 19, 20, 20A, 21, 21A and 22).
I. Protect and restore historic and archaeological resources
(Policy 23.)
J. Protect and upgrade visual quality (Policy 25).
K. Protect surface and ground waters from direct and indirect
discharge of pollutants (Policies 29, 30, 31, 33, 34, 36, 37 and 38).
L. Perform dredging and dredge spoil disposal in a manner
protective of natural resources (Policies 15 and 35).
M. Eliminate non-water-dependent handling of petroleum and
hazardous materials from the waterfront (Policy 36).
N. Handle and dispose of hazardous wastes in a manner which
will not adversely affect the environment nor expand existing landfills (Policy
39).
O. Protect air quality (Policies 41, 42 and 43).
P. Protect tidal and freshwater wetlands (Policy 44).
Each agency shall maintain a file for each action made the subject of
a consistency determination. Such files shall be made available for public
inspection upon request.
This chapter shall take effect immediately after the following have
both occurred:
A. Filing of this chapter in the office of the Secretary
of State in accordance § 27 of the Municipal Home Rule Law.
B. Approval of the Village of Greenport Local Waterfront
Revitalization Program by the Secretary of State in accordance with Article
42 of the Executive Law of New York State.
Except as otherwise provided in Article 42 of the Executive Law, any
person or persons, firm or corporation that violates any provisions of this
chapter shall be punishable by a maximum fine of two hundred fifty dollars
($250.) and a minimum fine of twenty-five dollars ($25.) or imprisonment for
a term of not more than fifteen (15) days, or both.