This chapter will be known as the "Village of Port Chester Waterfront
Consistency Review Law."
As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
Includes all of the following, except minor actions:
A.
Projects or physical activities, such as construction or any
other activities that may affect natural, man-made or other resources
in the coastal area or the environment by changing the use or appearance
of any natural resource or structure, that:
(1)
Are directly undertaken by an agency; or
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals, permits, or reviews
from an agency or agencies; and
B.
Agency planning and policymaking activities that may affect
the environment and commit the agency to a definite course of future
decisions; and
C.
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect coastal resources or the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body or officer
of the Village of Port Chester.
COASTAL AREA
The New York State coastal waters and adjacent shorelands
as defined in Article 42 of the Executive Law. The boundaries of the
Village's coastal area are coincident with the Village's
municipal boundary as shown on the Coastal Area Map on file in the
office of the Secretary of State and as delineated in the Village
of Port Chester 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
That the action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
ENVIRONMENT
All conditions, circumstances and influences surrounding
and affecting the development of living organisms or other ecological
resources in the waterfront area.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Village
of Port Chester, 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 Port Chester.
MINOR ACTIONS
Includes the following actions, which are not subject to
review under this chapter:
A.
Maintenance or repair involving no substantial changes in an
existing structure or facility;
B.
Replacement, rehabilitation or reconstruction of a structure
or facility, in kind, on the same site, including upgrading buildings
to meet building or fire codes, except for structures in areas designated
by the Waterfront Erosion Hazard Area (CEHA) law where structures
may not be replaced, rehabilitated or reconstructed without a permit;
C.
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
D.
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
E.
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected,
or within locally significant habitat areas;
F.
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature or a bulkhead or other
shoreline defense structure;
G.
Minor temporary uses of land having negligible or no permanent
impact on coastal resources or the environment;
H.
Installation of traffic control devices on existing streets,
roads and highways;
I.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
J.
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 action;
K.
Official acts of a ministerial nature involving no exercise
of discretion, including a building permit where issuance is predicated
solely on the applicant's compliance or noncompliance with the
relevant local building code;
L.
Routine or continuing agency administration and management,
not including new programs or major recording of priorities that may
affect the environment;
M.
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
those activities to not commit the agency to commence, engage in or
approve such action;
N.
Collective bargaining activities;
O.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
P.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
Q.
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, storage or road deicing substances,
or other hazardous materials;
R.
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
S.
Engaging in review of any part of an 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 this chapter have been fulfilled;
T.
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;
U.
Adoption of a moratorium on land development or construction;
V.
Interpreting an existing code, rule or regulation;
W.
Designation of local landmarks or their inclusion within historic
districts;
X.
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 actions are directly
related to the emergency and are performed to cause the least change
or disturbance, practicable under the circumstances, to coastal resources
or 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 this chapter;
Y.
Local legislative decision such as rezoning where the Village
Board of Trustees determines the action will not be approved.
No action within the Village's 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 thereunder, the 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
Attorney, Code Enforcement Office and Police Department shall be responsible
for enforcing this chapter.
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.