[Added 10-16-1995 by L.L. No. 2-1995]
A.
This article 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).
B.
The purpose of this article is to provide a framework
for agencies of the Village to consider the policies and purposes
contained in the Local Waterfront Revitalization Program when reviewing
applications for actions or direct agency actions located in the coastal
area; and to ensure that such actions and direct action are consistent
with said policies and purposes.
C.
It is the intention of the Village that the preservation,
enhancement and utilization of the natural and man-made resources
of the unique coastal area of the Village take place in a coordinated
and comprehensive manner to ensure a proper balance between natural
resources and the need to accommodate population growth and economic
development. Accordingly, this article is intended to achieve such
a balance, permitting the beneficial use of coastal resources while
preventing loss of living estuarine resources and wildlife; diminution
of open space areas or public access to the waterfront; erosion of
shoreline; impairment of scenic beauty; losses due to flooding, erosion
and sedimentation; or permanent adverse changes to ecological systems.
D.
The provisions of this article shall only apply while
there is in existence a Village Local Waterfront Revitalization Program
which has been adopted in accordance with Article 42 of the Executive
Law of the State of New York.
As used in this article, the following terms
shall have the meanings indicated:
Either Type I or unlisted actions as defined in SEQRA regulations
(6 NYCRR 617.2) which are undertaken by an agency and which include:
Projects or physical activities, such as construction
or other activities that may affect the environment by changing the
use, appearance or condition of any natural resource or structure,
that:
Agency planning and policy making activities
that may affect the environment and commit the agency to a definite
course of future decisions.
Adoption of agency rules, regulations and procedures,
including local laws, codes, ordinances, executive orders and resolutions
that may affect the environment.
Any combinations of the above.
Any board, agency, department, office, other body or officer
of the Village.
The Board of Trustees or any board of the Village which has
been designated by the Board of Trustees to be responsible for administering
the provisions of this article.
That portion of New York State coastal waters and adjacent
shorelands as defined in Article 42 of the Executive Law which is
located within the boundaries of the Village, as shown on the Coastal
Area map on file in the office of the Secretary of State and as delineated
in the Village of Lloyd Harbor Local Waterfront Revitalization Program.
The form, contained in Appendix A,[1] used by an agency to assist it in determining the consistency
of an action with the Local Waterfront Revitalization Program.
That the action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
Actions planned and proposed for implementation by an agency,
such as, but not limited to a capital project, rule making, procedure
making and policy making.
The Local Waterfront Revitalization Program of the Village,
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.
[1]
Editor's Note: Appendix A is on file in the
Village offices.
Each board, having jurisdiction over an application,
shall conduct LWRP consistency reviews of actions within the LWRP,
in accordance with the procedures outlined in this article.
A.
Whenever a proposed action is located in the Village's coastal area, the Board shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection E herein.
B.
Whenever the Board receives an application for approval
or funding of an action or as early as possible in the agency's formulation
of a direct action to be located in the Coastal Area, the applicant,
or in the case of a direct action, the agency, shall prepare a Coastal
Assessment Form (CAF) to assist with the consistency review.
C.
The Board shall make the determination of consistency
based on the CAF and such other information as is deemed to be necessary
in its determination. The Board shall have the authority, in its finding
of consistency, to impose practicable and reasonable conditions on
an action to ensure that it is carried out in accordance with this
article.
D.
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's LWRP, a copy
of which is on file in the Village Clerk's office and available for
action 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
following policies, as applicable:
(1)
Revitalize deteriorated and underutilized waterfront
areas (Policy 1).
(2)
Retain and promote recreational water-dependent uses
(Policy 2).
(3)
Develop the state's major ports (Policy 3).
(4)
Strengthen economic base of smaller harbor areas by
encouraging traditional uses and activities (Policy 4).
(5)
Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards
(Policy 5).
(6)
Streamline development permit procedures (Policy 6).
(7)
Protect significant and locally important fish and
wildlife habitats from human disruption and chemical contamination
(Policies 7 and 8).
(8)
Maintain and expand commercial fishing facilities
to promote commercial and recreational fishing opportunities (Policies
9 and 10).
(9)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected, long-term structural measures and appropriate
siting of structures (Policies 11, 12, 13, 14, 16, 17 and 28).
(10)
Safeguard economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy 18).
(11)
Maintain and improve public access to the shoreline
and to water-related recreational facilities while protecting the
environment (Policies 2, 19, 20, 21 and 22).
(12)
Protect and restore historic and archeological resources
(Policy 23).
(13)
Protect and upgrade scenic resources (Policy 25).
(14)
Conserve and protect agricultural lands (Policy 26).
(15)
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 (Policies 27, 29 and 40).
(16)
Prevent ice management practices which could damage
significant fish and wildlife and their habitats (Policy 28).
(17)
Protect surface and groundwaters from direct and indirect discharge
of pollutants and from overuse (Policies 30, 31, 32, 33, 34, 35, 36,
37 and 38).
(18)
Perform dredging and dredge spoil disposal in a manner
protective of natural resources (Policies 15 and 35).
(19)
Handle and dispose of hazardous wastes and effluents
in a manner which will not adversely affect the environment nor expand
existing landfills (Policy 39).
(20)
Protect air quality (Policies 41, 42 and 43).
(21)
Protect tidal and freshwater wetlands (Policy 44).
E.
Consistency findings.
(1)
If the Board determines that the action would not
be consistent with one or more of the LWRP policy standards and conditions,
such action shall not be undertaken unless the Board makes a written
finding with respect to the proposed action that:
(a)
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;
(b)
The action would be undertaken in a manner which
will minimize all adverse effects on such LWRP policy standards and
conditions;
(c)
The action will advance one or more of the other
LWRP policy standards and conditions; and
(d)
The action will result in an overriding Village,
regional or statewide public benefit.
(2)
Such a finding shall constitute a determination that
the action is consistent with the LWRP policy standards and conditions.
F.
Each Board 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.
The Village Building Inspector shall be responsible
for enforcing this article. No work or activity on a project in the
coastal area which is subject to review under this article shall be
commenced or undertaken until the Village Building Inspector has been
presented with a written determination from the Board that the action
is consistent with the Village's LWRP policy standards and conditions.
In the event that an activity is not being performed in accordance
with this article or any conditions imposed thereunder, the Village
Building Inspector shall issue a stop-work order and all work shall
immediately cease. No further work or activity shall be undertaken
on the project so long as a stop-work order is in effect.
A.
A person who violates any of the provision of, or
who fails to comply with any condition imposed by, this article shall
have committed a violation, punishable by a fine not exceeding $500
for a conviction of a first offense and punishable by a fine of $1,000
for a conviction of a second or subsequent offense. For the purpose
of conferring jurisdiction upon courts and judicial officers, each
week of continuing violation shall constitute a separate additional
violation.
B.
The Village Attorney is authorized and directed to
institute any and all actions and proceedings necessary to enforce
this article. Any civil penalty shall be in addition to and not in
lieu of any criminal prosecution and penalty.
This article shall take effect immediately upon
the adoption of the Village's Local Waterfront Revitalization Program
(LWRP).
