A.
This article is adopted under the authority of the Municipal Home
Rule Law and the Waterfront Revitalization and Coastal Resources Act
of the State of New York (Article 42 of the Executive Law).
B.
The purpose of this article is to provide a framework for agencies
of the Village to consider the policies and purposes contained in
the LWRP when reviewing applications for actions or direct agency
actions located in the coastal area and to assure that such actions
and direct action are consistent with said policies and purposes.
C.
It is the intention of the Village 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 and economic development. Accordingly,
this article 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 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.
D.
The substantive provisions of this article shall only apply while
there is in existence a Village of Saranac Lake 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 article, the following terms shall have the
meanings indicated:
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:
Are directly undertaken by an agency; or
Involve funding by an agency; or
Require one or more new or modified approvals from an agency
or agencies;
Are agency planning and policy-making activities that may affect
the environment and commit the agency to a definite course of future
decisions;
Are adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect the environment; and
Are any combinations of the above.
Any board, department, office, other body or officer of the
Village of Saranac Lake.
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 Saranac Lake, as shown
on the coastal area map on file in the office of the Secretary of
State and as delineated in the Village of Saranac Lake 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.
That the action will fully comply with the Local Waterfront
Revitalization Program policy standards and conditions and, whenever
practicable, will advance one or more of them.
An action planned and proposed for implementation by an agency,
such as, but not limited to, a capital project, rule-making, procedure-making
and policymaking.
The Local Waterfront Revitalization Program of the Village
of Saranac Lake, approved by the New York State 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 offices
of the Clerk and the offices of the Department of Community Development
of the Village of Saranac Lake.
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 goals and objectives
of the LWRP.
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 in the consistency review.
C.
The agency shall refer a copy of the completed CAF to the Development
Board within 10 days of its submission and prior to making its determination
shall consider the recommendation of the authorized official with
reference to the consistency of the proposed action.
D.
After referral from an agency, the Development Board shall consider
whether the proposed action is consistent with the goals and objectives
of the LWRP set forth herein. The authorized official shall require
the applicant to submit all completed applications, environmental
assessment forms and any other information deemed to be necessary
to its consistency recommendation.
E.
Development Board recommendation:
(1)
The Development Board 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 Development Board
and the applicant or, in the case of a direct action, the agency.
The recommendation shall include whether, in the opinion of the Development
Board, the proposed action is consistent with or inconsistent with
one or more of the goals and objectives of the LWRP and shall elaborate,
in writing, the basis of its opinion;
(2)
The Development Board shall, along with its consistency recommendation,
make any suggestions to the agency concerning modification of the
proposed action to make it consistent with goals and objectives of
the LWRP or to greater advance them; and
(3)
In the event that the Development Board's recommendation is
not forthcoming within the specified time, the referring agency shall
make its decision without the benefit of the Village Development Board's
recommendation.
F.
The agency shall make the determination of consistency based on the
CAF, the Development Board's recommendation and such other information
as is deemed to be necessary in its determination. The agency shall
issue its determination within seven days of the date for receipt
of the Development Board's recommendation or within the time necessary
to adequately review the action. The agency 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 section.
G.
Actions to be undertaken within the coastal area shall be evaluated
for consistency with the goals and objectives of the LWRP, which are
further explained and described in Section III of the LWRP, a copy
of which is on file in the offices of the Clerk and the offices of
the Department of Community Development of the Village of Saranac
Lake and is available for inspection during normal business hours.
The following list of policies is meant as a source of reference only.
All actions to be reviewed for consistency shall be consistent with
the goals and objectives of the LWRP. The action shall be consistent
with the policy to:
(1)
Revitalize deteriorated and underutilized waterfront areas;
(2)
Retain and promote recreational water-dependent uses;
(3)
Ensure that development occurs where adequate public infrastructure
is available to reduce health and pollution hazards;
(4)
Streamline development permit procedures;
(5)
Protect significant and locally important fish and wildlife
habitats from human disruption and chemical contamination;
(6)
Maintain and expand recreational fishing opportunities;
(7)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected, long-term structural measures and appropriate
siting of structures;
(8)
Safeguard economic, social and environmental interests in the
coastal area when major actions are undertaken;
(9)
Maintain and improve public access to the shoreline and to water-related
recreational facilities while protecting the environment;
(10)
Protect and restore historic and archeological resources;
(11)
Conserve and protect agricultural lands;
(12)
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;
(13)
Prevent ice management practices which could damage significant
fish and wildlife and their habitats;
(14)
Protect surface and groundwater from direct and indirect discharge
of pollutants and from overuse;
(15)
Perform dredging and dredge spoil disposal in a manner protective
of natural resources;
(16)
Handle and dispose of hazardous wastes and effluents in a manner
which will not adversely affect the environment nor expand existing
landfills;
(17)
Protect air quality; and
(18)
Protect freshwater wetlands.
H.
Inconsistency with standards and conditions; written findings.
(1)
If the agency determines that the action would not be consistent
with one or more of the LWRP goals and objectives, 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 goals and objectives;
(b)
The action would be undertaken in a manner which will minimize
all adverse effects on such LWRP goals and objectives;
(c)
The action will advance one or more of the other LWRP goals
and objectives; and
(d)
The action will result in an overriding Village, regional or
state-wide public benefit.
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Such a finding shall constitute a determination that the action
is consistent with the LWRP goals and objectives.
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(2)
Each agency shall maintain a file for each action made the subject
of a consistency determination, including any recommendations received
from the authorized official. Such files shall be made available for
public inspection upon request.
