[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.
A.
ACTION
EAF
EIS
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
PART 617
SEQR
VILLAGE
VILLAGE AGENCY
VILLAGE BOARD
WAF
WATERFRONT ADVISORY BOARD
WATERFRONT AREA
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).
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).
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.
Any board, department, office, other bodies or officers of the Village
of Saugerties.
The Village Board of Trustees of the Village of Saugerties.
Waterfront Assessment Form as adopted by the Waterfront Advisory
Board.
The Village of Saugerties Waterfront Advisory Board established as
per L.L. No. 1-1985.[1]
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.
B.
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.
A.
Prior to undertaking a proposed Type I or unlisted action
in the waterfront area, each Village agency shall either:
(1)
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
(2)
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.
B.
Such certifications shall only be made:
(1)
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
(2)
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.
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.
