[HISTORY: Adopted by the Board of Trustees of the Village
of Castleton-on-Hudson 3-8-1993 by L.L. No. 1-1993. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
This chapter will be known as the "Village of Castleton-on-Hudson
Waterfront Consistency Review Law."
This chapter is adopted under the authority of the Municipal
Home Rule Law, Article 42 of the Executive Law, Article IX of the
New York State Constitution and Article 5-G of the General Municipal
Law and expressly supersedes any inconsistent general or local law.
A.
The purpose of this chapter is to provide a framework for the consideration
by agencies of the policies, purposes and common interests contained
in the Local Waterfront Revitalization Program when reviewing applications
for actions or considering direct agency actions located in the coastal
area; to assure that such actions are consistent with those policies
and purposes; and, toward that goal, to establish a Town of Schodack/Village
of Castleton-on-Hudson Waterfront Advisory Committee to provide for
review of actions located within the coastal area.
B.
It is the intention of the Village of Castleton-on-Hudson that the
preservation, enhancement and utilization of the natural and man-made
resources of the coastal area 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 chapter is intended to achieve such a balance, permitting the
beneficial use of coastal resources while preventing loss of living
coastal resources and wildlife, diminution of open space areas of
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.
All boards, departments, offices, other bodies or officers of
the Village of Castleton-on-Hudson must comply with this chapter,
to the extent applicable, prior to carrying out, approving or funding
any action other than Type II, Exempt or Excluded actions as those
terms are defined in Part 617 of the Title 6 of the Official Compilation
of Codes, Rules and Regulations 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 SEQR, 6 NYCRR
Part 617, which are undertaken by an agency and which are:
Projects or physical activities, such as construction or other
activities, which change the use or appearance of any natural resource
or structure, which:
Agency planning and policy-making activities that commit the
agency to a course of future decisions.
Adoption of agency rules, regulations and procedures, including
local laws and resolutions.
Combinations of the above.
Any board, agency, department, office, other body or officer
of the Village of Castleton-on-Hudson.
The New York State coastal waters and adjacent shorelands,
as defined in Article 42 of the Executive Law, that is located within
the boundaries of the Village of Castleton-on-Hudson as shown on the
Coastal Area Map on file in the office of the Secretary of State and
as delineated in the Town of Schodack and Village of Castleton-on-Hudson
Local Waterfront Revitalization Program.
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
The action will be fully in compliance with and not hinder
any of the Town of Schodack and Village of Castleton-on-Hudson LWRP
policy standards and conditions.
The Local Waterfront Revitalization Program of the Town of
Schodack and the Village of Castleton-on-Hudson, as 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 Castleton-on-Hudson.
A.
A committee is created and shall be hereafter known as the "Town
of Schodack/Village of Castleton-on-Hudson Waterfront Advisory Committee"
(hereafter "Committee").
B.
The Committee shall consist of nine members, four of whom shall be
appointed by the Village Mayor subject to confirmation by the Village
Board, and four of whom shall be appointed by the Town Supervisor
subject to confirmation by the Town Board. The ninth member, who shall
be the Chair, shall be jointly appointed by the Mayor of the Village
and the Supervisor of the town. Of the members of the Committee first
appointed, three shall hold office for terms of one year, three for
terms of two years and three for terms of three years. Their successors
shall be appointed for terms of three years from the expiration of
the terms of their predecessors. Vacancies shall be filled by the
appointing boards and chief executive officers as designated above.
C.
Each member appointed by the Board of Trustees shall be a resident
of the Village and each member appointed by the Town Board shall be
a resident of the town outside the Village. The Chair of the Committee
shall reside in either the Village or the town. Members shall be chosen
for their demonstrated knowledge.
D.
This Committee shall have the power to adopt rules of procedure for
the conduct of all business within its jurisdiction, including but
not limited to rules of attendance and conduct for the members themselves.
E.
Members of the Committee appointed by the town or Village may receive
compensation, as the Town Board or Board of Trustees, respectively,
may by resolution establish. Salary of the Chairperson shall be established
by joint resolution of the Village and Town Boards.
F.
The Committee is empowered to receive and expend such funds as may
be appropriated by the Village Board and/or Town Board for expenses
of the Committee.
A.
Whenever a proposed action is located in the 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 of this section.
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.
C.
Prior to making its determination, the agency shall solicit and consider
the recommendation of the Committee with reference to the consistency
of the proposed action by referring a copy of the completed CAF and
all other relevant information to the Committee within 10 days of
its receipt.
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 of this section. The Committee shall require the applicant to submit all completed applications, CAFs 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 the submission by the applicant of the required
information, unless extended by mutual agreement of the Committee
and the applicant, or in the case of a direct action, the agency.
The recommendation shall indicate whether, in the opinion of the Committee,
the proposed action is consistent or inconsistent with one or more
of the LWRP policy standards or conditions. The recommendation shall
state the manner and extent to which any inconsistency affects the
LWRP policy standards and conditions.
(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, or to greater advance LWRP policy
standards and conditions.
(2)
Failure by the Committee to make a recommendation upon a referral
within the thirty-day time period or any agreed to extension shall
not preclude the agency from making its consistency determination
for the action.
F.
The agency shall make the determination of consistency based on the
CAF, the recommendation of the Committee and such other information
as is deemed to be necessary in its determination. The agency shall
issue its determination within seven days of the time for receipt
of the Committee's recommendation. If the Committee's recommendation
is that the action would be inconsistent and the agency determines
that it is consistent, the agency must make a detailed written account
describing why its determination disagrees with the recommendation.
G.
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 Town of Schodack/Village of Castleton-on-Hudson
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)
Restore, revitalize and redevelop deteriorated and underutilized
waterfront areas for commercial, industrial, cultural, recreational,
public access and other compatible uses (Policies 1, 1A, 1B).
(2)
Retain, encourage and prioritize the development of water dependent
uses on or near coastal waters (Policy 2).
(3)
Encourage the protection and reestablishment of traditional uses
and activities which once gave the Village a unique maritime identity
(Policy 4).
(4)
Ensure that development occurs where adequate public infrastructure
is available (Policy 5).
(5)
Streamline development permit procedures (Policy 6).
(6)
Protect fish and wildlife resources from chemical contamination (Policy
7, 7A, 7B, 8).
(7)
Maintain and expand the recreational use of existing fish and wildlife
resources and the use of commercial fishing resources (Policy 9).
(8)
Minimize flooding and erosion hazards through proper siting of buildings
and structures; protection of natural protective features; construction
of carefully selected, long-term structural measures; and the use
of appropriate nonstructural means (Policies 11, 12, 13, 13A, 14,
15 and 17).
(9)
Use public funds for erosion protection structures only where necessary
and in an appropriate manner (Policy 16).
(10)
Safeguard vital 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 resources, while protecting natural and historic resources
and adjacent land uses (Policies 19, 19A, 20).
(12)
Encourage, facilitate and prioritize water-dependent and water-enhanced
recreational resources and facilities near coastal waters (Policy
21).
(13)
Encourage the development of water-related recreational resources
and facilities, as multiple uses, in appropriate locations within
the shore zone (Policy 22).
(14)
Protect, restore and enhance historic resources (Policy 23).
(15)
Protect and enhance scenic and aesthetic resources (Policy 25).
(16)
Conserve and protect agricultural resources (Policy 26).
(17)
Site and construct energy facilities in a manner which will be compatible
with the environment and contingent upon the need for a shorefront
location and in such a manner as to avoid adverse environmental impacts
when in operation (Policies 27 and 40).
(18)
Ensure that ice management practices will not damage significant
fish and wildlife habitat, increase shoreline or flooding or interfere
with hydroelectric production (Policy 28).
(19)
Protect coastal waters from direct and indirect discharge of pollutants
(Policies 30, 31, 32, 33, 34, 34A, 35, 36 and 37).
(20)
Ensure that dredging and dredge spoil disposal are undertaken in
a manner protective of natural resources (Policies 15 and 35).
(21)
Ensure that any transportation, handling, storage or disposal of
petroleum and other hazardous materials or wastes and effluent is
undertaken in a manner which will not adversely affect the environment
(Policy 36, 39).
(22)
Ensure that the quality and quantity of surface water and groundwater
supplies will be conserved and protected (Policy 38).
(23)
Protect air quality (Policies 41 and 42).
(24)
Preserve and protect tidal freshwater wetlands (Policy 44).
H.
If the agency determines that the action would cause a substantial
hindrance to the achievement of the LWRP policy standards and conditions,
such action shall not be undertaken unless the agency determines with
respect to the proposed action that:
(1)
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.
(2)
The action would be undertaken in a manner which will minimize all
adverse effects on such LWRP policy standards and conditions to the
maximum extent practicable.
(3)
The action will advance one or more of the other coastal policies.
(4)
The action will result in an overriding Village, regional or statewide
public benefit.
(5)
A finding in accordance with this subsection shall constitute a determination
that the action is consistent.
I.
Each agency shall maintain a file for each action made the subject
of a consistency determination, including any recommendations received
from the Committee. Such files shall be made available for public
inspection upon request.
The agency and the Committee shall coordinate the consistency
determination process required by this chapter with the environmental
review process required by SEQRA and Part 617 to the greatest extent
possible.
The Town and Village Building Inspectors and/or Code Enforcement
Officers shall be responsible for enforcing this chapter within their
respective jurisdictions. No physical activity on a project in the
coastal area that is subject to review under this chapter shall be
commenced or undertaken until the Village Building Inspector and/or
Code Enforcement Officer has been presented with a written determination
from 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 Building Inspector and/or Code Enforcement Officer
shall have the authority to issue a stop-work order requiring the
immediate cessation of all work. No further physical activity shall
be undertaken on the project so long as a stop-work order is in effect.
[Amended 10-27-1997 by L.L. No. 6-1997]
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall be punishable by a fine of not more
than $250, imprisonment for not more than 15 days, or both such fine
and imprisonment. After initial notice thereof, each week of continuing
violation shall constitute a separate additional violation.
Where there is a conflict or discrepancy in the application,
interpretation or effect of the provisions of this chapter with any
other law, rule or regulation of the Village, the provisions of this
chapter shall govern.