[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 12-1-1998 by L.L. No. 9-1998 (Ch. 52A of the 1968
Compilation). Amendments noted where applicable.]
This chapter will be known as the "Village of Sag Harbor 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 Sag Harbor 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 assure that such actions and direct actions are consistent
with the said policies and purposes.
C.
It is the intention of the Village of Sag Harbor 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 economic development. Accordingly,
this chapter is intended to achieve such a balance, permitting the
beneficial use of coastal resources while preventing loss of 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 apply only 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 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, 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.
This law does not apply to excluded or exempt actions as defined
in the SEQRA regulations (6 NYCRR Part 617). The following Type II
actions are not subject to review under this law:
Maintenance or repair involving no substantial changes in an
existing structure or facility.
Agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land
use changes consistent with generally accepted principles of farming.
Repaving of existing highways not involving the addition of
new travel lanes.
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities.
Maintenance of existing landscaping or natural growth.
Routine activities of educational institutions, including expansion
of existing facilities by less than 10,000 square feet of gross floor
area and school closings, but not changes in use related to such closings.
Extension of utility distribution facilities, including gas,
electric, telephone, cable, water and sewer connections to render
service in approved subdivisions or in connection with any action
on this list.
Granting of individual setback and lot line variances.
Granting of an area variance(s) for a single-family, two-family
or three-family residence.
Public or private best forest management (silvicultural) practices
on less than 10 acres of land, but not including waste disposal, land
clearing not directly related to forest management, clear-cutting
or the application of herbicides or pesticides.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns.
Information collection including basic data collection and research,
water quality and pollution studies, traffic counts, engineering studies,
surveys, subsurface investigations and soils studies that do not commit
the agency to undertake, fund or approve any Type I or unlisted action.
Official acts of a ministerial nature involving no exercise
of discretion, including building permits and historic preservation
permits where issuance is predicated solely on the applicant's
compliance or noncompliance with the relevant local building or preservation
code(s).
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment.
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
that those activities do not commit the agency to commence, engage
in or approve such action.
Collective bargaining activities.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession.
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than land, radioactive material,
pesticides, herbicides or other hazardous materials.
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list.
Engaging in review of any part of an application to determine
compliance with technical requirements, provided that no such determination
entitles or permits the project sponsor to commence the action unless
and until all requirements of 6 NYCRR Part 617.5 have been fulfilled.
Civil or criminal enforcement proceedings, whether administrative
or judicial, including a particular course of action specifically
required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion.
Adoption of a moratorium on land development or construction.
Interpreting an existing code, rule or regulation.
Designation of local landmarks or their inclusion within the
historic district.
Emergency actions that are immediately necessary on a limited
and temporary basis for the protection or preservation of life, health,
property or natural resources, provided that such actions are directly
related to the emergency and are performed to cause the least change
or disturbance, practicable under the circumstances, to the environment.
Any decision to fund, approve or directly undertake other activities
after the emergency has expired is fully subject to the review procedures
of 6 NYCRR Part 617.5.
Any board, agency, department, office, other body or officer
of the Village of Sag Harbor.
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 Sag Harbor, as shown
on the Coastal Area Map on file in the office of the Secretary of
State and as delineated in the Village of Sag 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 Harbor Committee of the Village of Sag Harbor, as established by Chapter 32 of the Village Code.
The Local Waterfront Revitalization Program of the Village
of Sag Harbor, 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 of Sag Harbor.
[1]
Editor's Note: Appendix A is located at the end of this
chapter.
The Committee is authorized to review and make recommendations
to appropriate agencies regarding the consistency of proposed actions
with the Village of Sag Harbor Local Waterfront Revitalization Program
policy standards and conditions.
A.
Whenever a proposed action is located in the Village's coastal area, an agency 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 G herein.
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 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 of the
proposed action.
C.
The agency shall refer a copy of the completed CAF to the Committee
within 10 days of its submission and prior to making its determination
shall consider the recommendation of the Committee with reference
to the consistency of the proposed action.
D.
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The committee shall require the applicant to submit all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendation.
E.
The Committee shall render its written recommendation to the agency
within 30 days following referral of the CAF from the agency, unless
extended by mutual agreement of the Committee and the applicant or,
in the case of direct action, the agency. The recommendation shall
indicate whether, in the opinion of the Committee, 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 opinion.
(1)
The Committee shall, along with its consistency recommendation, 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.
(2)
In the event that the Committee's recommendation is not forthcoming
within the specified time, the referring agency shall make its decision
without the benefit of the Committee's recommendation.
F.
The agency shall make the determination of consistency based on the
CAF, the Committee's recommendation and such other information
as is deemed to be necessary in its determination. The agency shall
issue its determination within 30 days following receipt of the Committee's
recommendation and submission by the applicant of any additional required
information. The agency shall have the authority, in the finding of
consistency, to impose practicable and reasonable conditions on any
action to ensure that it is carried out in accordance with this chapter.
G.
Actions to be undertaken within the Sag Harbor 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 Sag Harbor
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:
(1)
Policy 1: foster a pattern of development in the Village of Sag Harbor
that makes beneficial use of its coastal location, enhances community
character, preserves open space, makes efficient use of existing infrastructure
and minimizes adverse effects of development.
(a)
Policy 1.1: sustain the pattern of existing land use which defines
Sag Harbor as an historic port.
(b)
Policy 1.2: protect and enhance residential areas.
(c)
Policy 1.3: maintain and enhance natural areas, open space and
recreational lands.
(d)
Policy 1.4: ensure that development and uses make beneficial
use of Sag Harbor's coastal location.
(e)
Policy 1.5: minimize adverse impacts of new development and
redevelopment.
(2)
Policy 2: sustain the Village of Sag Harbor as a center of maritime
activity and suitable location for water-dependent uses.
(a)
Policy 2.1: protect existing water-dependent uses.
(b)
Policy 2.2: allow for new commercial and recreational water-dependent
uses in the waterfront functional area, consistent with local zoning.
(c)
Policy 2.3: minimize adverse impacts of water-dependent uses
and provide for their safe operation.
(d)
Policy 2.4: provide sufficient infrastructure for water-dependent
uses.
(e)
Policy 2.5: promote efficient harbor operation.
(f)
Policy 2.6: participate in regional intermodal transportation
activities that enhance maritime character and provide an alternative
transportation method.
(3)
Policy 3: promote sustainable use of living marine resources in Sag
Harbor.
(4)
Policy 4: minimize loss of life, structures and natural resources
from flooding and erosion.
(a)
Policy 4.1: minimize losses of human life and structures from
flooding hazards and erosion.
(b)
Policy 4.2: preserve and restore natural protective features.
(c)
Policy 4.3: protect public lands and public trust lands and
use of these lands when undertaking all erosion or flood control projects.
(d)
Policy 4.4: manage navigation infrastructure to limit adverse
impacts on coastal processes.
(e)
Policy 4.5: ensure that expenditure of public funds for flooding
and erosion control projects results in a public benefit.
(f)
Policy 4.6: consider a sea level rise in the siting and design
of projects involving substantial public expenditure.
(5)
Policy 5: protect and improve water quality and supply in waters
of the Village of Sag Harbor.
(a)
Policy 5.1: prohibit direct or indirect discharges which would
cause or contribute to contravention of water quality standards.
(b)
Policy 5.2: minimize nonpoint pollution of coastal waters and
manage activities causing nonpoint pollution.
(c)
Policy 5.3: protect and enhance water quality of coastal waters.
(d)
Policy 5.4: protect and conserve the quality and quantity of
potable water.
(6)
Policy 6: protect and restore the quality and function of the Village
of Sag Harbor ecosystem.
(a)
Policy 6.1: protect and restore ecological quality throughout
Sag Harbor.
(b)
Policy 6.2: development within or near the Sag Harbor and Northwest
Harbor Significant Coastal Fish and Wildlife Habitat shall be sited
so as not to impair the viability of the habitat.
(c)
Policy 6.3: protect and restore tidal wetlands.
(7)
Policy 7: provide for public access to and recreation opportunities
on waters, public lands and public resources of the Village of Sag
Harbor local waterfront revitalization area.
(a)
Policy 7.1: promote appropriate and adequate physical public
access and recreation throughout the Village of Sag Harbor coastal
area.
(b)
Policy 7.2: provide physical linkages between public parks,
open spaces, public trust lands and nearshore surface waters.
(c)
Policy 7.3: provide public visual access to coastal lands and
waters or open space at all sites where physically practical.
(d)
Policy 7.4: preserve the public interest in and use of lands
and waters held in public trust by New York State, Suffolk County
and the Towns of East Hampton and Southampton.
(e)
Policy 7.5: assure public access to public trust lands and navigable
waters.
(f)
Policy 7.6: provide access and recreation which are compatible
with natural resource values.
(8)
Policy 8: preserve historic resources of the Village of Sag Harbor.
(9)
Policy 9: enhance visual quality and protect scenic resources in
the Village of Sag Harbor.
(a)
Policy 9.1: protect and improve visual quality in the Village
of Sag Harbor.
(10)
Policy 10: protect and improve the air quality of Long Island.
(a)
Policy 10.1: control or abate existing and prevent new air pollution.
(b)
Policy 10.2: limit discharges of atmospheric radioactive material
to a level that is as low as practicable.
(c)
Policy 10.3: limit sources of atmospheric deposition of pollutants
to the Long Island South and Peconic Bays, particularly from nitrogen
sources.
(11)
Policy 11: minimize environmental degradation in the Long Island
coastal area from solid waste and hazardous substances and wastes.
(a)
Policy 11.1: manage solid waste to protect public health and
control pollution.
(b)
Policy 11.2: manage hazardous wastes to protect public health
and control pollution.
(c)
Policy 11.3: protect the environment from degradation due to
toxic pollutants and substances hazardous to the environment and public
health.
(d)
Policy 11.4: prevent and remediate discharge of petroleum products.
(e)
Policy 11.5: transport solid waste and hazardous substances
and waste in a manner which protects the safety, well-being and general
welfare of the public; the environmental resources of the state and
the continued use of transportation facilities.
(f)
Policy 11.6: site solid and hazardous waste facilities to avoid
potential degradation of coastal resources.
H.
Actions not consistent with LWRP policy standards and conditions.
(1)
If the agency 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 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.
(d)
The action will result in 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.
I.
Each agency shall maintain a file for each action made the subject
of a consistency determination, including any recommendations received
from the Harbor Committee. Such files shall be made available for
public inspection upon request.
The Village Building Inspector shall be responsible for enforcing
this chapter. No work or activity on a project on the coastal area
which is subject to review under this chapter shall be commenced or
undertaken until the Village Building Inspector has been presented
with a written determination from an agency 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
chapter 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 provisions of or who fails to comply
with any conditions imposed by this chapter shall be guilty of a violation,
punishable by a fine not exceeding $500 for a conviction of a first
offense and punishable by a fine not exceeding $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.
