Prior to approving, funding or undertaking an action in the coastal area, the appropriate agency shall make a determination that it is consistent with the LWRP policy standards and conditions set forth in §
225-13 herein.
After receiving the Planning Board's initial
referral report, the referring agency shall render its determination
of significance, giving due regard to impacts on coastal resources.
Where the Planning Board has failed to respond within 30 days of the
referral, the referring agency may proceed to make its determination
of significance without the report.
Where required under the provisions of this
article, the substantive referral to the Planning Board for a consistency
recommendation shall take place after the determination of significance
is made. The sections that follow describe the referral procedure
following a negative or positive declaration.
Actions to be undertaken within the coastal
area 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 Tivoli 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 with 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 No. 1).
B. Retain and promote recreational water-dependent uses
(Policy No. 2).
C. Limit water-enhanced uses to existing areas of low-density
residential and agricultural activity which are located adjacent to
coastal waters on the bluff areas to the north and south of the river
landing (Policy No. 2A).
D. Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards
(Policy No. 5).
E. Locate commercial, light industrial and high-density
residential development in the upland Village area adjacent to the
General Business District (Policy No. 5A).
F. Streamline development permit procedures (Policy No.
6).
G. Protect significant and locally important fish and
wildlife habitats from human disruption, chemical contamination and
septic waste (Policy No.'s 7, 7A, 8 and 8A).
H. Develop, maintain and expand commercial fishing facilities
to promote commercial and recreational fishing opportunities (Policy
No.'s 9, 9A and 10).
I. Minimize flooding and erosion hazards through nonstructural
means, carefully selected, long-term structural measures and appropriate
siting of structures (Policy No.'s 11, 12, 13, 14, 15, 16, 17, 17A
and 28).
J. Safeguard economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy No.
18).
K. Maintain and improve public access to the shoreline
and to water-related recreational facilities while protecting the
environment (Policy No.'s 2, 19, 20, 21, 21A, 21B and 22).
L. Protect and restore historic and archaeological resources
(Policy No. 23).
M. Protect and upgrade scenic resources (Policy No.'s
24, 24A and 25).
N. Conserve and protect agricultural lands (Policy No.
26).
O. Site and construct energy facilities in a manner which
will be compatible with the environment and contingent upon the need
for a waterfront or water location (Policy No.'s 27, 40 and 40A).
P. Prevent ice management practices which could damage
significant fish and wildlife and their habitats (Policy No. 28).
Q. Protect surface and groundwaters from direct and indirect
discharge of pollutants and from overuse (Policy No.'s 30, 31, 32,
33, 34, 35, 36, 37, 38 and 38A).
R. Perform dredging and dredge spoil disposal in a manner
protective of natural resources (Policy No.'s 15 and 35).
S. Handle and dispose of solid and hazardous wastes and
effluents in a manner which will not adversely affect the environment
nor expand existing landfills (Policy No. 39).
T. Protect air quality (Policy No.'s 41, 42 and 43).
U. Protect tidal and freshwater wetlands (Policy No.
44).
Each agency shall maintain a file for each action
made the subject of a consistency determination, including any recommendations
received from the Planning Board. Such files shall be made available
for public inspection upon request.