No agency of the Village involved in an action as defined in § 240-5 shall carry out or approve the action until it has complied with the provisions of this article.
Actions directly undertaken by agencies of the Village and actions approved by agencies of the Village within the coastal area shall be consistent, to the maximum extent practicable, with the applicable coastal policies set forth in the Village of Mamaroneck Local Waterfront Revitalization Program, as adopted on November 13, 1984, and amended from time to time, so as to achieve a balance between the protection of natural resources and the need to accommodate the needs of population growth and economic development. It is intended that this balancing occur in the manner specified in §§ 240-27 through 240-30.
Nothing in this article shall be construed to authorize or require the issuance of any permit, license, certificate of determination or other approval which is denied by the agency having jurisdiction pursuant to other provisions of law or which is conditioned by such agency pursuant to other provisions of law until such conditions are met.
As early as possible in an agency's formulation of a direct action or as soon as an agency receives an application for approval of an action, the agency shall follow the review procedures set forth in this article.
For direct agency actions, the agency shall complete, and for approval of an action, the agency shall cause the applicant to complete, a coastal assessment form (CAF). The CAF shall be completed at the inception of the action and prior to the agency's determination of the environmental significance of the action pursuant to the State Environmental Quality Review Act.
Prior to an action or approval of an action by an agency of the Village, such action shall be determined to be consistent, to the maximum extent practicable, with the policies of the Village of Mamaroneck Local Waterfront Revitalization Program, as follows:
For actions undertaken, funded or approved by the Village Board of Trustees, the Board of Trustees shall determine whether the action is consistent to the maximum extent practicable with the policies of the Village of Mamaroneck Local Waterfront Revitalization Program. Prior to making its consistency determination, the Board of Trustees shall request a written recommendation regarding consistency from the Harbor and Coastal Zone Management Commission and provide the Commission with a copy of the CAF and the relevant materials supporting the action. The Commission shall render its written recommendation, setting forth the reasons upon which the recommendation is based, within 30 days of the referral from the Board of Trustees, unless such period is extended by the Board of Trustees for a direct action and consented to by the applicant if the action is not a direct action by the Board of Trustees. The Board of Trustees shall not be bound by the Commission's written recommendation but if it makes a contrary determination to the Commission's recommendation, the Board of Trustees shall set forth in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards and, where applicable, address the applicability of the criteria set forth in Subsection F of this section. In the event that the Commission's written recommendation is not provided within the specified time period, the Board of Trustees shall make its consistency determination without the benefit of the Commission's recommendation.
For the actions of all other Village agencies, except as otherwise provided in § 240-29H, the agency, upon the calendaring of an application on its agenda, shall forward a copy of the CAF, the application or a description of a proposed direct action, and supporting documentation to the Harbor and Coastal Zone Management Commission for its review.
The Harbor and Coastal Zone Management Commission shall place the application on its next available agenda for an informal discussion of the action and the LWRP policies relevant to the action. At that meeting, the Harbor and Coastal Zone Management shall determine if the CAF, the application or direct action description, and any supporting material submitted constitute sufficient information for the purpose of rendering its consistency determination. The Commission may comment on potential environmental impacts of the action, make preliminary suggestions regarding changes, if any, required for the action to be consistent with the LWRP and may request other material the Commission believes is necessary for a complete review. The Commission shall summarize this discussion in a memorandum to be sent to the approving authority for the action within 10 days after the meeting.
Within 65 days of receipt of notification from the approving authority for the action that in accordance with the New York State Environmental Quality Review Act, (a) a final environmental impact statement for the action has been accepted as complete; or (b) a negative declaration for the action has been adopted; or (c) the action is not subject to SEQRA review but is otherwise subject to consistency review under this chapter; and the submission by the applicant of the latest plans and other materials the Commission deems necessary for its review, the Commission shall determine the consistency of the action as follows:
Whether the proposed action is consistent, to the maximum extent practicable, with the policies of the LWRP and, if so, whether it will advance one or more of said policies.
Whether the proposed action will substantially hinder the achievement of any policy of the LWRP or is otherwise not consistent with one or more of the policies of the LWRP.
If the question posed in Subsection D(2) is answered in the affirmative, the manner in which and the extent to which the hindrance or inconsistency is likely to result shall be specified.
The Commission may also, in its discretion, suggest ways in which the purposes of the proposed action might be accomplished in a manner that would result in less hindrance or no hindrance to the policies and purposes of the LWRP and/or in greater advancement of them.
If a consistency determination is not made by the Commission within the period provided in Subsection D above, or within any extension of time for review agreed to by the Commission and the applicant or agency undertaking the action, the Commission shall be presumed to have determined that the action is consistent to the maximum extent practicable with the policies and purposes of the LWRP.
If the action will substantially hinder the achievement of any policy, the consistency determination may find that the following four requirements are satisfied and that as a result the action is consistent, to the maximum extent practicable, with the policies and purposes of the LWRP:
No feasible alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy.
The action taken will minimize all adverse effects on such policies to the maximum extent practicable.
The action will advance one or more of the other coastal policies.
The action will result in an overriding public benefit.
In considering its consistency determination, the Harbor and Coastal Zone Management Commission shall, as appropriate, identify the relevant standards or substantive requirements of Village laws identified as implementing the LWRP and may condition its consistency determination on the approval of the action as meeting those standards by the Village agency responsible for enforcing those standards.
For applications to or undertakings by Village agencies that do not constitute "actions" as defined in § 240-5, a consistency determination is not required. A consistency determination shall also not be required for those actions, including use and area variances before the Zoning Board of Appeals, whose approval has been judicially determined to be governed exclusively by uniform standards established by state or federal law.
The Commission's consistency determination shall be filed in the Office of the Village Clerk within five business days of its adoption and a copy thereof provided to the Village agency or agencies with jurisdiction over the action and mailed to the applicant. Failure to comply with this section shall not affect the validity of the Commission's determination.
In addition to all other required permits and approvals, a permit from the Planning Board shall be required for any building, structure or parking area otherwise requiring subdivision or site plan approval that is wholly or in part hereafter constructed, altered, enlarged and/or enclosed within 50 feet from the mean high-water line of Long Island Sound or any body of water which flows into Long Island Sound. A dock, mooring, breakwater or other structure which must, due to the nature of its use, be located on, in or immediately adjacent to the water shall be exempt from this provision. Application shall be made to the Planning Board on such forms as it shall require and shall be coordinated with the subdivision or site plan approval process. Notwithstanding any inconsistent provision of the Village Code, this provision shall not apply to normal maintenance or to the replacement in kind of any existing building or structure which has been damaged or destroyed by fire, storm or other casualty; however, damage or destruction due to neglect shall not be exempt from the requirement of a permit. The permit applicant shall demonstrate to the Planning Board's satisfaction that the encroaching building, structure, or parking area is water-dependent (based upon the criteria in the Village of Mamaroneck Local Waterfront Revitalization Program) or cannot reasonably be located elsewhere on the property. Water-dependent buildings or structures may include, as an illustration, marinas, cabanas, boat storage, and boat mechanics' work areas.
Any person violating any of the provisions of this article shall be punishable, upon conviction thereof, by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both.