[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach 3-28-2009 by L.L. No. 1-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as
Ch. 135 but was renumbered to maintain the organization of the Code.
This chapter will be known as the "Village of
Ocean Beach Waterfront Consistency Review Law."
A.
This chapter is adopted under the authority of the
Municipal Home Rule Law and the Waterfront Revitalization of Coastal
Areas and Inland Waterways Act of the State of New York {Article 42
of the Executive Law).
B.
The purpose of this chapter is to provide a framework
for agencies of the Village of Ocean Beach to consider the policies
and purposes contained in the Village of Ocean Beach Local Revitalization
Program when reviewing applications for actions or direct agency actions
located in the coastal area and to assure that such actions and direct
actions are consistent with said policies and purposes.
C.
It is the intention of the Village of Ocean Beach
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, economic development and the public. Accordingly, this chapter
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 accesses 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 substantive provisions of this chapter shall only
apply while there is in existence an Ocean Beach 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 chapter, 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 proposed action within the Village's local
waterfront revitalization area that requires site plan review and
approval by the Village of Ocean Beach Planning Board.
Any combination of the above.
This definition does not apply to Type II, excluded
or exempt actions as defined in the SEQRA regulations 6 NYCRR Part
617.
Any board, agency, department office, other body or officer
of the Village of Ocean Beach.
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 Village of Ocean Beach 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 Ocean Beach.
The Planning Board of the Village of Ocean Beach.
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 Ocean Beach, as shown
on the Coastal Area Map on file in the office of the Secretary of
State and as delineated in the Village of Ocean Beach Local Waterfront
Revitalization Program as Map No. 1.
The form used by an agency to assist it in determining the
consistency of an action with the Village of Ocean Beach Local Waterfront
Revitalization Program.
The Planning Board is hereby authorized to review
and make all determinations regarding the consistency of proposed
actions with the Village of Ocean Beach Local Waterfront Revitalization
Program policy standards and conditions.
A.
Whenever a proposed action is located within the Village's waterfront area, an agency shall, prior to approving, funding or undertaking the action, refer to and receive from the Planning Board a determination from the Planning Board that the action is consistent with the LWRP policy standards and conditions set forth in Subsection I herein (unless a determination from the Planning Board is not forthcoming as identified in Subsection E).
B.
Whenever an agency 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 waterfront area, the applicant
or, in the case of a direct action, the agency, shall prepare a waterfront
assessment form (WAF) to assist with the consistency review of the
proposed action.
C.
The agency shall refer a copy of the completed WAF
to the Planning Board within 10 days of its submission and, prior
to approving, funding or undertaking the action, shall consider the
determination of the Planning Board with reference to the consistency
of the proposed action with the Village of Ocean Beach Local Waterfront
Revitalization Program.
D.
After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection I herein. The Planning Board shall require the applicant to submit all completed applications, WAFs and any other information deemed to be necessary to its consistency review and determination.
E.
The Planning Board shall render its written consistency
determination to the agency within 90 days following referral of the
WAF from the agency, unless extended by mutual agreement of the Planning
Board and the applicant or, in the case of direct action, the agency.
The consistency determination shall indicate whether, in the opinion
of the Planning Board, the proposed action is consistent with or inconsistent
with one or more of the LWRP policy standards or conditions and shall
elaborate in writing the basis for its determination.
F.
The Planning Board shall, along with its consistency
determination, make any suggestions to the agency concerning modification
of the proposed action to make it consistent with LWRP policy standards
and conditions or to greater advance them.
G.
In the event that the Planning Board's consistency
determination is not forthcoming within the specified time, the referring
agency shall make its own consistency decision without the benefit
of the Planning Board's determination.
H.
The Planning Board (or the agency, in a case in which the Planning Board's determination is not forthcoming within the specified time as identified in Subsection E) shall make the determination of consistency based on the WAF and such other information as is deemed to be necessary in its determination. The Planning Board (or the agency, in a case in which the Planning Board's determination is not forthcoming within the specified time as identified in Subsection E) 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 chapter.
I.
Actions to be undertaken within the Village of Ocean
Beach waterfront area shall be evaluated for consistency in accordance
with the following LWRP policy standards and conditions, which are
derived firm and further explained and described in Section III of
the Village of Ocean Beach 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:
(1)
Foster a pattern of development that enhances the
community's character, preserves open space, makes efficient use of
infrastructure, makes a beneficial use of a waterfront location, and
minimizes adverse effects of development (Policy 1).
(2)
Protect existing water-dependent uses, promote siting
of new water-dependent uses in suitable locations, and support efficient
marina operation (Policy 2).
(3)
Promote the sustainable use of fish and wildlife resources.
(Policy 4).
(4)
Protect and restore ecological resources, including
significant fish and wildlife habitats and wetlands (Policy 5).
(5)
Protect and improve water resources (Policy 6).
(6)
Minimize loss of life, structures, and natural resources
from flooding and erosion (Policy 7).
(7)
Protect and improve air quality (Policy 8).
(8)
Promote appropriate use and development of energy
and mineral resources (Policy 9).
(9)
Minimize environmental degradation from solid waste
and hazardous substances and wastes (Policy 10).
(10)
Improve public access to and use of public lands
and waters (Policy 11).
(11)
Enhance visual quality and protect scenic resources
in the Village of Ocean Beach (Policy 12).
(12)
Preserve historic resources (Policy 13).
J.
Exemption from LWRP.
(1)
If the Planning Board (or the agency, in a case which the Planning Board's determination is not forthcoming within the specified time as identified in Subsection E) determines that the action would not be consistent with the LWRP policy standards and conditions, such action shall not be undertaken unless the Planning Board or agency 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.
K.
The Planning Board and, if applicable, each agency
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 of Ocean Beach Building Department 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 Building Department has been presented with a written determination from the Planning Board (or the agency, in a case in which the Planning Board's determination is not forthcoming within the specified time as identified in § 162-5E) 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 Building Department 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 provisions of or
who fails to comply with any conditions imposed by this chapter 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
offense.
B.
The Village Attorney is authorized and directed to
institute any and all actions and proceedings necessary to enforce
this chapter. Any civil penalty shall be in addition to and not in
lieu of any criminal prosecution and penalty. The Village may also
enforce this chapter by injunction or other civil proceeding.
The provisions of this chapter are severable.
If any provision of this chapter is found invalid, such finding shall
not affect the validity of this chapter as a whole or any part of
provision hereof other than the provision so found to be invalid.
This chapter shall take effect immediately upon
filing with the Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
