[HISTORY: Adopted by the Board of Trustees of the Village of Greenport
9-15-1988 as L.L. No. 5-1988. Amendments noted where applicable.]
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:
Projects or 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
Village of Greenport.
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.
The form used by an agency to assist it 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 Village of Greenport Local Waterfront Revitalization Program policy standards
and conditions.
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.
A.
An agency shall, prior to approving, funding or undertaking an action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in § 139-8 of this chapter.
B.
Actions identified as Type II, excluded or exempt as
those terms are defined in 6 NYCRR Section 617.2 of the same Environmental
Quality Review Law as are hereby deemed consistent and do not require any
further deliberation.
C.
As early as possible in the formulation of an action
to be taken by an agency, the agency shall prepare a CAF to assist with the
consistency review; however, when an applicant submits an application to a
village agency for an approval of an action, the applicant shall prepare a
CAF.
D.
Prior to making its determination, the agency may solicit
and consider the recommendation of the Community Development Office with reference
to the consistency of the proposed action. The agency shall require the applicant
to submit all completed applications, EAF's and any other information deemed
to be necessary to its consistency determination. The agency shall make the
determination of consistency based upon such information.
A.
The agency shall render its written determination within
thirty (30) days following the submission by the applicant of the required
information, unless extended by mutual agreement of the agency and the applicant.
B.
The determination shall indicate whether the proposed
action is consistent or inconsistent with one (1) or more of the LWRP policy
standards or conditions. The determination shall state the manner and extent
to which any inconsistency affects the LWRP policy standards and conditions.
C.
The agency shall, along with its consistency determination,
make any suggestions to the applicant concerning modification of the proposed
action to make it consistent with LWRP policy standards and conditions or
to greater advance them.
D.
In the event that the agency's determination is not forthcoming
within the specified time, the application shall be deemed to have received
a determination that it is consistent.
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).
A.
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:
(1)
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.
(2)
The action would be undertaken in a manner which will
minimize all adverse affects on such LWRP policy standards and conditions
to the maximum extent practicable.
(3)
The action will result in an overriding village, regional
or state-wide public benefit.
(4)
Such a finding shall constitute a determination that
the action is consistent.
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:
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.
