This chapter will be known as the “Village of Fort Plain Waterfront
Consistency Review Law.”
As used in this chapter, the following terms shall have the meanings
indicated:
ACTIONS
Either Type I or unlisted actions, as defined in SEQRA regulations
6 NYCRR § 617.2, which are undertaken by an agency and which include:
A.
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:
(1)
Are directly undertaken by an agency; or
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals from an agency or agencies.
B.
Agency planning and policy-making activities that may affect the environment
and commit the agency to a definite course of future decisions;
C.
Adoption of agency rules, regulations and procedures, including local
laws, codes, ordinances, executive orders and resolutions that may affect
the environment;
D.
Any proposed action within the Village's local waterfront revitalization
area that requires a site plan review and approval by the Village of Fort
Plain Village Board; and
E.
Any combination of the above.
F.
This chapter does not apply to Type II, excluded or exempt actions as
defined in the SEQRA regulations, 6 NYCRR Part 617.
AGENCY
Any board, agency, department, office, other body, or officer of
the Village of Fort Plain.
CONSISTENT
That the action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more of them.
DIRECT ACTIONS
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.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Western Montgomery County Local Waterfront Revitalization Program
approved by the Secretary of State pursuant to the Waterfront Revitalization
of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a copy
of which is on file in the office of the Clerk of the Village of Fort Plain.
VILLAGE BOARD
The Village Board of Trustees of the Village of Fort Plain.
WATERFRONT AREA or LOCAL WATERFRONT REVITALIZATION AREA
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 of Fort Plain, as shown on the Coastal Area Map
on file in the office of the Secretary of State and as delineated in the Western
Montgomery County Local Waterfront Revitalization Program.
WATERFRONT ASSESSMENT FORM (WAF)
The form used by an agency to assist it in determining the consistency
of an action with the Western Montgomery County Local Waterfront Revitalization
Program.
The Village Board is hereby authorized to review and make all determinations
regarding the consistency of proposed actions with the Western Montgomery
County Local Waterfront Revitalization Program policy standards and conditions.
The Village Code Enforcement Officer shall be responsible for enforcing
this chapter. No work or activity on a project in the waterfront area which
is subject to review under this chapter shall be commenced or undertaken until
the Code Enforcement Officer has been presented with a written determination
from the Village Board or an agency that the action is consistent with the
LWRP policy standards and conditions. In the event that an activity is not
being performed in accordance with this chapter or any conditions imposed
thereunder, the Code Enforcement Officer 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.