[HISTORY: Adopted by the Board of Trustees of the Village
of Alexandria Bay 4-29-2016 by L.L. No. 3-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 147,
Waterfront Consistency Review, adopted 10-14-2008 by L.L. No. 5-2008.
As used in this chapter, the following terms shall have the
meanings indicated:
Include all of the following except minor actions:
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; and
Any combinations of the above.
Any person, other than the Village agency, that proposes
an action located in the LWRA.
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, as shown on the coastal
area map on file in the office of the Secretary of State and as delineated
in the Village of Alexandria Bay Local Waterfront Revitalization Program
on file at the office of the Village Clerk/Treasurer.
The form, contained in Appendix A,[1] completed by an applicant or Village agency to assist
it in assuring that the action being proposed is consistent with the
policies and purposes of the LWRP.
The action will fully comply with the policies and purposes
of the LWRP and, whenever practicable, will advance one or more of
them.
Actions planned and proposed for implementation by a Village
agency, such as, but not limited to, capital projects, rule making,
procedure making and policy making.
All conditions, circumstances and influences surrounding
and affecting the development of living organisms or other resources
in the coastal area.
A state, county, or local government agency, other than the
Village, that has the jurisdiction by law to fund, approve or directly
undertake an action. If any of the listed agencies are required to
make a discretionary decision to fund, approve or undertake an action,
then it is an involved agency notwithstanding that it has not received
an application for funding or approval at the time the SEQRA process
is commenced. The lead agency is also an involved agency.
The program of the Village, approved by the Secretary of
State, a copy of which is on file in the office of the Village Clerk/Treasurer.
Include the following actions, which are not subject to review
under this chapter:
Maintenance or repair involving no substantial changes in an
existing structure or facility;
Replacement, rehabilitation or reconstruction of a structure
or facility, in kind, on the same site, including upgrading buildings
to meet building or fire codes, unless such action meets or exceeds
any of the thresholds in 6 NYCRR Part 617.4;
[Amended 5-14-2019 by L.L. No. 4-2019]
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;
Construction or expansion of a primary or accessory/appurtenant,
nonresidential structure or facility involving less than 4,000 square
feet of gross floor area and not involving a change in zoning or a
use variance and consistent with local land use controls, but not
radio communication or microwave transmission facilities;
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;
Construction or expansion of a single-family, a two-family or
a three-family residence on an approved lot, including provision of
necessary utility connections as provided in 6 NYCRR 617.5(c)(11)
and the installation, maintenance and/or upgrade of a drinking water
well and a septic system;
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;
Minor temporary uses of land having negligible or not permanent
impact on the environment;
Installation of traffic control devices on existing streets,
roads and highways;
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 historical 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 of action, provided
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 the following: 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 any 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 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 historic
districts; and
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 action are directly
related to the emergency and are performed to cause the lease 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 617.5.
The New York State Environmental Quality Review Act (6 NYCRR
Part 617) and any rules and regulations promulgated thereunder.
The Incorporated Village of Alexandria Bay.
Any official board, council, office, department, or other
body or officer of the Village of Alexandria Bay. The chief law enforcement
agency for this chapter shall be the Village Zoning/Code Enforcement
Officer.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
A.
The Board of Trustees shall be responsible for coordinating review
of actions in the Village's coastal area for consistency with the
LWRP, and will advise, assist and make consistency recommendations
to other Village agencies in the implementation of the LWRP, its policies
and projects, including physical, legislative, regulatory, administrative
and other actions included in the program.
B.
The Board of Trustees shall coordinate with the New York State Department
of State regarding consistency review of actions by federal agencies
and with state agencies regarding consistency review of their actions.
C.
The Board of Trustees shall make applications for funding from state,
federal, or other sources to finance projects under the LWRP.
D.
The Board of Trustees shall perform other functions regarding the
coastal area and direct such actions or projects as are necessary,
or as the Board of Trustees may deem appropriate, to implement the
LWRP.
A.
Whenever a proposed action is located within the Village's coastal area, each Town agency shall, prior to approving, funding, or undertaking the action, make a determination that it is consistent with the LWRP policy standards set forth in Subsection L herein. No action in the coastal area shall be approved, funded, or undertaken by that agency without such a determination.
B.
As early as possible in a Village agency's formulation of a direct
action to be located in the coastal area, the Village agency shall
complete a coastal assessment form (CAF) to assist the Board of Trustees
with the LWRP consistency review. The Board of Trustees shall prepare
the CAF for any direct action by the Village.
C.
Whenever an applicant prepares and submits an application for approval
or funding of an action to be located in the coastal area to a Village
agency, the applicant shall prepare and submit a CAF as part of the
application to assist the Board of Trustees with the LWRP consistency
review.
D.
The Village agency proposing a direct action to be located in the
coastal area on its own behalf or receiving an application for authorization
or funding from an applicant shall forward a copy of the completed
CAF together with a description of the direct action by a Village
agency, or an application for authorization or funding, to the Board
of Trustees within 10 days of the completion of the CAF by the Village
agency or receipt of the CAF from the applicant. No Village agency
shall make a final determination on an application or an action during
the time allowed for the Board of Trustees' review, prior to receiving
a recommendation on the application from the Board of Trustees.
E.
After having received a referral from a Village agency, the Board
of Trustees shall consider whether the proposed action is consistent
with the LWRP policy standards and conditions set forth in this chapter.
An applicant or a Village agency, as the case may be, shall submit
to the Board of Trustees, at its request, any additional information
that the Board of Trustees decides is material and necessary to make
its consistency recommendation. Any such requests for additional information
shall be reasonably related to the subject of the Board of Trustees'
review authority.
F.
If the Board of Trustees determines that it is necessary for other
involved agencies to review the action, a copy of the CAF, the SEQRA
environmental assessment form, application, and any other pertinent
supporting materials shall be forwarded to each such involved agency
for its review and comment. If there is no response from an involved
agency within 30 days, the Board of Trustees shall presume that the
involved agency has not identified any conflict(s) or has no comment.
G.
After review of the CAF and related materials and any comment received
from involved agencies or other interested parties, the Board of Trustees
shall render its written consistency recommendation. Such recommendation
shall be made within 30 days following receipt of the completed CAF,
unless such time is extended by mutual agreement of the Board of Trustees
and the Village agency or applicant. The recommendation shall indicate
whether the proposed action is consistent with the LWRP policy standards
or conditions. The Board of Trustees may, along with its consistency
recommendation, make recommendations to the Village agency concerning
modification of the proposed action to make it consistent with, or
to better advance, the LWRP policy standards. [If an environmental
impact statement (EIS) is required for a proposed action pursuant
to SEQRA, the Board of Trustees' decision may be deferred until the
EIS has been completed.]
H.
Determination by Board of Trustees.
(1)
If the Board of Trustees determines that the action is not consistent
with one or more of the LWRP policy standards or purposes, the Board
of Trustees shall provide the Village agency, involved agency, or
applicant with a written statement identifying the policies or purposes
of the LWRP with which the proposed action conflicts and make any
suggestions concerning modification of the proposed action to make
it consistent with or to greater advance LWRP policies or purposes.
The Board of Trustees may also provide an alternative to the proposed
action, if practicable, which would advance any of the LWRP policies
or purposes.
(2)
Where an action has been determined to be inconsistent with the policies
or purposes of the LWRP, the Village agency or applicant may propose
modifications in writing, which, if determined to be sufficient by
the Board of Trustees, may result in a finding of consistency.
(3)
Any modification agreed to by the Village agency or applicant and
the Board of Trustees shall be binding on the Village agency, involved
agency or applicant and shall be included as a condition in writing
any approvals and/or authorizations.
I.
If an environmental impact statement (EIS) is required for an action
in the LWRA, the draft EIS (DEIS) shall contain a discussion of the
effects of the action on all applicable LWRP policies and purposes.
The DEIS shall be reviewed by the Board of Trustees, which shall provide
comments to the lead agency [as defined in SEQRA regulations (6 NYCRR
617.2)] on the consistency of the action with the LWRP policies and
purposes. A written consistency recommendation shall be provided in
the final EIS for the action.
J.
Written certification by Board.
(1)
If the Board of Trustees determines that the action would not be
consistent with one or more of the LWRP policies and purposes, such
action shall not be undertaken unless the Board of Trustees certifies,
in writing, that the proposed action meets the following four requirements:
(a)
The action would be undertaken in a manner which would minimize
all adverse effects on such LWRP policies and purposes to the maximum
extent practicable; and
(b)
No reasonable alternative exists which would permit the action
to be undertaken in a manner that will not substantially hinder the
achievement of such LWRP policies and purposes; and
(c)
The action advances one or more of the other LWRP policies and
purposes; and
(d)
The action will result in overall Village, town, regional or
statewide public benefit.
(2)
Such written certification shall constitute a determination that
the action is consistent with the LWRP.
K.
The Board of Trustees shall maintain a file for each action made
the subject of a consistency determination. This file shall be made
available for public inspection upon request, subject to the requirements
of the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
L.
Actions to be undertaken within the coastal area shall be evaluated
for consistency in accordance with the following LWRP policy standards
and conditions and the land and water use plan in Section IV of the
LWRP. The policies are described and explained in greater detail in
Section III of the LWRP a copy of which is on file in the office of
the Village Clerk/Treasurer, and is available for inspection during
normal business hours.
(1)
Development policies.
(a)
Policy 1: Restore, revitalize, and redevelop deteriorated and
underutilized waterfront areas for commercial, industrial, cultural,
recreational and other compatible uses.
[1]
Policy 1A: Foster a pattern of development in the waterfront
area that enhances community character, preserves open space, makes
efficient use of infrastructure, makes beneficial use of a waterfront
location, and minimizes adverse effects of development.
(b)
Policy 2: Facilitate the siting of water-dependent uses and
facilities on or adjacent to coastal waters.
(c)
Policy 3: Further develop the state's major ports of Albany,
Buffalo, New York, Ogdensburg, and Oswego as centers of commerce and
industry, and encourage the siting in these port areas, including
those under the jurisdiction of state public authorities, of land
use and development which is essential to or in support of the waterborne
transportation of cargo and people. (Not applicable.)
(d)
Policy 4: Strengthen the economic base of smaller harbor areas
by encouraging the development and enhancement of those traditional
uses and activities which have provided such areas with their unique
maritime identity.
(e)
Policy 5: Encourage the location of development in areas where
public services and facilities essential to such development are adequate.
(f)
Policy 6: Expedite permit procedures in order to facilitate
the siting of development activities at suitable locations.
(2)
Fish and wildlife policies.
(a)
Policy 7: significant coastal fish and wildlife habitats, as
identified on the coastal area map, shall be protected, preserved,
and, where practical, restored so as to maintain their viability as
habitats.
[1]
Policy 7A: Ironside Island is a significant coastal fish and
wildlife habitat and shall be protected, preserved, and, where practical,
restored so as to maintain its viability as a habitat.
[2]
Policy 7B: Crooked Creek Marsh is a significant coastal fish
and wildlife habitat and shall be protected, preserved, and, where
practical, restored so as to maintain its viability as a habitat.
[3]
Policy 7C: Goose Bay and Cranberry Creek constitute a significant
coastal fish and wildlife habitat and shall be protected, preserved
and, where practical, restored so as to maintain its viability as
a habitat.
[4]
Policy 7D: Lake of the Isles is a significant coastal fish and
wildlife habitat and shall be protected, preserved, and, where practical,
restored so as to maintain its viability as a habitat.
[5]
Policy 7E: St. Lawrence River Shoreline Bays are a significant
coastal fish and wildlife habitat and shall be protected, preserved,
and, where practical, restored so as to maintain their viability as
a habitat.
[6]
Policy 7F: Wellesley Island Pools are a significant coastal
fish and wildlife habitat and shall be protected, preserved, and where
practical, restored so as to maintain their viability as a habitat.
[7]
Policy 7G: Chippewa Bay Tern Colonies are a significant coastal
fish and wildlife habitat and shall be protected, preserved, and where
practical, restored so as to maintain their viability as a habitat.
(b)
Policy 8: Protect fish and wildlife resources in the coastal
area from the introduction of hazardous wastes and other pollutants
which bioaccumulate in the food chain or which cause significant sublethal
or lethal effect on those resources.
(c)
Policy 9: Expand recreational use of fish and wildlife resources
in coastal areas by increasing access to existing resources, supplementing
existing stocks, and developing new resources. Such efforts shall
be made in a manner that ensures the protection of renewable fish
and wildlife resources and considers other activities dependent on
them.
(d)
Policy 10: Further develop commercial finish, shellfish, and
crustacean resources in the coastal area by: I) encouraging the construction
of new, or improvement of existing, on-shore commercial fishing facilities;
II) increasing marketing of the state's seafood products and III)
maintaining adequate stocks and expanding aquaculture facilities.
Such efforts shall be in a manner that ensures the protection of such
renewable fish resources and considers other activities dependent
on them. (Not applicable.)
(3)
Flooding and erosion hazards policies.
(a)
Policy 11: Buildings and other structures will be sited in the
coastal area so as to minimize damage to property and the endangering
of human lives caused by flooding and erosion.
(b)
Policy 12: Activities or development in the coastal area will
be undertaken so as to minimize damage to natural resources and property
from flooding and erosion by protecting natural protective features
including beaches, dunes, barrier islands, and bluffs. Primary dunes
will be protected from all encroachment that could impair their natural
protective capacity.
(c)
Policy 13: The construction or reconstruction of erosion protection
structures shall be undertaken only if they have a reasonable probability
of controlling erosion for at least 30 years as demonstrated in design
and construction standards and/or assured maintenance or replacement
programs.[2]
[2]
Editor's Note: Former Subsection l(3)(c)[1], Policy 13A, and
l(3)(c)[2], Policy 13B, were repealed 5-14-2019 by L.L. No. 4-2019.
(d)
Policy 14: Activities and development, including the construction
or reconstruction of erosion protection structures, shall be undertaken
so that there will be no measurable increase in erosion or flooding
at the site of such activities or development, or at other locations.
(e)
Policy 15: Mining, excavation, or dredging or blasting in coastal
waters shall not significantly interfere with the natural coastal
processes which supply beach materials to land adjacent to such waters
and shall be undertaken in a manner which will not cause an increase
in erosion of such land.
(f)
Policy 16: Public funds shall only be used for erosion protection
structures where necessary to protect human life, and new development
which requires a location within or adjacent to an erosion hazard
area to be able to function, or existing development; and only where
the public benefits outweigh the long-term monetary and other costs,
including the potential for increasing erosion and adverse effects
on natural protective features.
[1]
Policy 16A: Public funds shall not be used for shoreline structures
subject to severe wave action and ice movement except where the public
benefits that would accrue to the Village or town in terms of improving
public access and recreation, enhancing tourism or siting water-dependent
uses outweigh the long-term costs of such structures.
[2]
Policy 16B: Public funds shall be used for wave and ice protective
structures only where deemed necessary for public safety or, if public
benefits outweigh long-term costs, for the protection of shoreline
structures upon which existing or proposed water-dependent uses must
rely.
(g)
Policy 17: Nonstructural measures to minimize damage to natural
resources and property from flooding and erosion shall be used whenever
possible.
[1]
Policy 17A: Wherever possible, use nonstructural measures to
minimize damage to shoreline structures from wave action and ice movement,
including the siting of structures in areas less exposed to such forces.
(4)
General policies.
(a)
Policy 18: To safeguard the vital economic, social, and environmental
interests of the state and of its citizens, proposed major actions
in the coastal area must give full consideration to those interests,
and to the safeguards which the state has established to protect valuable
coastal resource areas.
(5)
Public access policies.
(a)
Policy 19: Protect, maintain, and increase the level and types
of access to public water-related recreation resources and facilities
so that these resources and facilities may be fully utilized in accordance
with reasonably anticipated public recreation needs and the protection
of historic and natural resources. In providing such access, priority
shall be given to public beaches, boating facilities, fishing areas,
and waterfront parks.
[1]
Policy 19A: Protect, maintain, and improve pedestrian, vehicular,
and waterborne access to public water-related recreation facilities
at the James Street docks, Scenic View Park and Casino Island.
[2]
Policy 19B: Protect, maintain, and improve access to the public
water-related recreational facilities at the Village boat launches
at Holland Street and at Crossman Street and the Town boat launch
at Goose Bay.
(b)
Policy 20: Access to the publicly owned foreshore and to lands
immediately adjacent to the foreshore or the water's edge that are
publicly owned shall be provided, and it should be provided in a manner
compatible with adjoining uses. Such lands shall be retained in public
ownership.
(6)
Recreation policies.
(a)
Policy 21: Water-dependent and water-enhanced recreation will
be encouraged and facilitated, and will be given priority over non-water-related
uses along the coast, provided it is consistent with the preservation
and enhancement of other coastal resources and takes into account
demand for such facilities. In facilitating such activities, priority
shall be given to areas where access to the recreation opportunities
of the coast can be provided by new or existing public transportation
services and to those areas where the use of the shore is serverely
restricted by existing development.
(b)
Policy 22: Development, when located adjacent to the shore,
will provide for water-related recreation, as a multiple use, whenever
such recreational use is appropriate in light of reasonably anticipated
demand for such activities and the primary purpose of the development.
(7)
Historic and scenic resources policies.
(a)
Policy 23: Protect, enhance, and restore structures, districts,
areas or sites that are of significance in the history, architecture,
archeology or culture of the state, its communities, or the nation.
(b)
Policy 24: Prevent impairment of scenic resources of statewide
significance, as identified on the coastal area map, as the same may
be amended from time to time.
[Amended 5-14-2019 by L.L. No. 4-2019]
(c)
Policy 25: Protect, restore or enhance natural and man-made
resources which are not identified as being of statewide significance,
but which contribute to the overall scenic quality of the coastal
area.
[1]
Policy 25A: Protect, restore, or enhance the scenic quality
of the St. Lawrence River and the Thousand Islands as important features
of the local economy and the area's unique identity.
(8)
Agricultural lands policy.
(a)
Policy 26: To conserve and protect agricultural lands in the
state's coastal area, an action shall not result in a loss, nor impair
the productivity, of important agricultural lands, as identified on
the coastal area map, if that loss or impairment would adversely affect
the viability of agriculture in an agricultural district, or if there
is no agricultural district, in the area surrounding such lands.
(9)
Energy and ice management.
(a)
Policy 27: Decisions on the siting and construction of major
energy facilities in the coastal area will be based on public energy
needs, compatibility of such facilities with the environment, and
the facility's need for a shorefront location.
[1]
Policy 27A: Decisions siting commercial wind farms or solitary
wind turbines for commercial or residential use in the coastal area
must take into consideration potential impacts on the scenic, cultural,
and historic resources in the local waterfront revitalization area.
(b)
Policy 28: Ice management practices shall not damage significant
fish and wildlife and their habitats, increase shoreline erosion or
flooding, or interfere with the production of hydroelectric power.
(c)
Policy 29: The development of offshore uses and resources, including
renewable energy resources, shall accommodate New York's longstanding
ocean and Great Lakes industries, such as commercial and recreational
fishing and maritime commerce, and the ecological functions of habitats
important to New York.
[Amended 5-14-2019 by L.L. No. 4-2019]
(10)
Water and air resources policies.
(a)
Policy 30: Residential, municipal, industrial, and commercial
discharge of pollutants, including, but not limited to, toxic and
hazardous substances, into coastal waters will conform to state and
national water quality standards.
(b)
Policy 31: State coastal area policies and management objectives
of approved local waterfront revitalization programs will be considered
while reviewing coastal water classifications and while modifying
water quality standards; however, those waters already overburdened
with contaminants will be recognized as being a development constraint.
(c)
Policy 32: Encourage the use of alternative or innovative sanitary
waste systems in small communities where the costs of conventional
facilities are unreasonably high, given the size of the existing tax
base of these communities.
[1]
Policy 32A: Encourage the improvement of sanitary waste systems
within the waterfront area of the Town of Alexandria not served by
municipal systems, in order to protect the water quality of the St.
Lawrence River and its associated water areas.
(d)
Policy 33: Best management practices will be used to ensure
the control of stormwater runoff and combined sewer overflows draining
into coastal waters.
(e)
Policy 34: Discharge of waste materials into coastal waters
from vessels will be limited so as to protect significant fish and
wildlife habitats, recreational areas, and water supply areas.
(f)
Policy 35: Dredging, filling, and blasting in coastal waters
and disposal of dredged material will be undertaken in a manner that
meets existing state permit requirements, and protects significant
fish and wildlife habitats, scenic resources, natural protective features,
important agricultural lands, and wetlands.
(g)
Policy 36: Activities related to the shipment and storage of
petroleum and other hazardous materials will be conducted in a manner
that will prevent or at least minimize spills into coastal waters;
all practicable efforts will be undertaken to expedite the cleanup
of such discharges; and restitution for damages will be required when
these spills occur.
(h)
Policy 37: Best management practices will be utilized to minimize
the nonpoint discharge of excess nutrients, organics, and eroded soils
into coastal waters.
(i)
Policy 38: The quality and quantity of surface water and groundwater
supplies will be conserved and protected, particularly where such
waters constitute the primary or sole source of water supply.
(j)
Policy 39: The transport, storage, treatment and disposal of
solid wastes, particularly hazardous wastes, within coastal areas
will be conducted in such a manner so as to protect groundwater and
surface water supplies, significant fish and wildlife habitats, recreation
areas, important agricultural lands and scenic resources.
(k)
Policy 40: Effluent discharged from major steam electric generating
and industrial facilities into coastal waters will not be unduly injurious
to fish and wildlife and shall conform to state quality standards.
(l)
Policy 41: Land use or development in the coastal area will
not cause national or state air quality standards to be violated.
(m)
Policy 42: Coastal management policies will be considered if
the state reclassifies land areas pursuant to the prevention of significant
deterioration regulations to the Federal Clean Air Act.
(n)
Policy 43: Land use or development in the coastal area must
not cause the generation of significant amounts of the acid rain precursors:
nitrates and sulfates.
(o)
Policy 44: Preserve and protect tidal and freshwater wetlands
and preserve the benefits derived from these areas.
A.
Enforcement of the provisions of this chapter shall be coordinated
by the Board of Trustees of the Village under the rules and regulations
adopted by such Board, or by such person as hereafter may be designated
by the Board of Trustees.
B.
The Code Enforcement Officer of the Village of Alexandria Bay or
any other law enforcement officer shall issue summonses for illegal
violations of this chapter. No person shall commence or undertake
an action subject to review under this chapter until a written determination
has been made and filed stating the action is consistent with the
LWRP policies and purposes. In the event that an action in the LWRA
is being conducted by a person without such written determination,
a notice of violation, summons and/or stop-work order shall be issued
immediately, and no further work shall be undertaken on the project
so long as the stop-work order is in effect.
C.
No action within the Village of Alexandria Bay coastal area, which
is subject to review under this chapter, shall proceed until a written
determination has been issued from a Village agency that the action
is consistent with the Village's LWRP policy standards. In the
event that an activity is being performed in violation of this law
or any conditions imposed there under, the Village Zoning/Code Enforcement
Officer or any other authorized official of the Village 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. The Village Zoning/Code Enforcement Officer,
Village Attorney, and Police Department shall be responsible for enforcing
this chapter.
[Amended 5-14-2019 by L.L. No. 4-2019]
A.
Any person who violates any of the provisions of, or fails to comply
with any determination or condition imposed by, this chapter shall
have committed a violation, punishable by a fine not to exceed $500
upon conviction of a first offense, and punishable by a fine not to
exceed $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 a continuing violation after a stop-work order
has been issued will constitute a separate violation.
B.
The Village Attorney is authorized and directed to institute any
and all actions and proceedings necessary to enforce this chapter.
Any civil penalty imposed shall be in addition to and not in lieu
of any criminal prosecution or penalty associated with the violation.
