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.
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:
ACTIONS
Either Type I or unlisted actions as defined in SEQR, 6 NYCRR
Part 617, which are undertaken by an agency and which are:
A.
Projects or physical activities, such as construction or other
activities, which change the use or appearance of any natural resource
or structure, which:
(1)
Are directly undertaken by an agency;
(2)
Involve funding by an agency; or
(3)
Require one or more permits or approvals from an agency or agencies.
B.
Agency planning and policy-making activities that commit the
agency to a course of future decisions.
C.
Adoption of agency rules, regulations and procedures, including
local laws and resolutions.
D.
Combinations of the above.
AGENCY
Any board, agency, department, office, other body or officer
of the Village of Castleton-on-Hudson.
COASTAL AREA
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.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
CONSISTENT
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.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
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.
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.