[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties 9-3-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of Saugerties LWRP Consistency Law."
The purpose of this chapter is to provide for the protection and beneficial use of the natural and man-made resources within the Village of Saugerties waterfront by ensuring that certain actions proposed by Village agencies will be undertaken in a manner consistent with the policies and purposes of the Village's Local Waterfront Revitalization Program (LWRP).
This chapter is adopted under the authority of the Municipal Home Rule Law, the State Environmental Quality Review (SEQR) Act and the State Environmental Quality Review Regulations, as amended.
All agencies of the Village of Saugerties must comply with this chapter prior to carrying out any action within the waterfront area when such action is classified as Type I or unlisted under Part 617 of SEQR.
As used in this chapter, the following terms shall have the meanings indicated:
- Either a Type I or unlisted action as defined in SEQR regulations at 6 NYCRR 617.2.
- Environmental Assessment Form as defined at 6 NYCRR 617.2(1).
- Environmental Impact Statement as defined at 6 NYCRR 617.2(m).
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The local program to implement the New York State Coastal Management Program within the Village of Saugerties as approved by the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act of 1981 (Article 42 of the Executive Law and New York State).
- PART 617
- The State Environmental Quality Review Regulations (Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York).
- The State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law, which is Chapter 43-b of the Consolidated Laws of the State of New York).
- The Village of Saugerties.
- VILLAGE AGENCY
- Any board, department, office, other bodies or officers of the Village of Saugerties.
- VILLAGE BOARD
- The Village Board of Trustees of the Village of Saugerties.
- Waterfront Assessment Form as adopted by the Waterfront Advisory Board.
- WATERFRONT ADVISORY BOARD
- The Village of Saugerties Waterfront Advisory Board established as per L.L. No. 1-1985.
- WATERFRONT AREA
- That portion of the New York State coastal area within the Village of Saugerties as delineated in the Village of Saugerties Local Waterfront Revitalization Program.
All other terms for which definitions are given in SEQR and/or Part 617 shall have the same meanings in this chapter.
Each Village agency proposing to undertake a Type I action in the waterfront area shall prepare a WAF and refer the WAF and other pertinent information for that action to the Waterfront Advisory Board for review and recommendations regarding the action's consistency with the policies and purposes of the LWRP. A Village agency proposing to undertake an unlisted action in the waterfront area may refer the WAF and other pertinent information for that action to the Board when deemed necessary and appropriate. In either case, the Board shall complete its review of the proposed action's consistency and prepare a written recommendation to referring the Village agency within 30 days of the referral date.
Prior to undertaking a proposed Type I or unlisted action in the waterfront area, each Village agency shall either:
Find and certify in writing that the action will not substantially hinder the achievement of any of the policies and purposes of the LWRP; or
If the action will substantially hinder the achievement of any policy or purpose of the LWRP, the Village agency shall instead find and certify that the following three requirements are satisfied: no reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy or purpose; the action taken will minimize all adverse effects on the local policy and purpose to the maximum extent practicable; and the action will result in an overriding regional or state-wide public benefit. Such certification shall constitute a determination that the action is consistent to the maximum extent practicable with the LWRP.
Such certifications shall only be made:
Following a determination pursuant to Section 6 or 7 of Part 617 that the proposed action will not have any significant adverse environmental impacts, and, if referred to the Waterfront Advisory Board for review and recommendation pursuant to Subsection A of this section, either upon receipt of such recommendation in writing or after the lapse of 30 days for the recommendation; or
As part of findings prepared by that Village agency pursuant to Section 9 of Part 617, if the proposed action has been determined to have significant adverse environmental impacts and made subject to the environmental impact statement (EIS) procedures of Section 8 of Part 617.
Where certification is made as part of findings prepared pursuant to NYCRR 619.9
This chapter shall take effect immediately upon approval of the Village of Saugerties Local Waterfront Revitalization Program by the New York State Secretary of State.