[L.L. No. 10-1999, § 1]
This chapter will be known as the "City of Poughkeepsie Waterfront Consistency Review Law."
[L.L. No. 10-1999, § 1; 1-3-2023 by L.L. No. 1-2023]
(a)
This chapter is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law).
(b)
This chapter is intended to provide a framework for agencies of the City of Poughkeepsie to consider the policies and purposes contained in the Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions located in the waterfront revitalization area; and to assure that such actions and direct actions are consistent with the LWRP policies and purposes.
(c)
It is the intention of the City of Poughkeepsie that the preservation, enhancement and utilization of the City's unique waterfront revitalization area occur in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate growth. Accordingly, it is the purpose of this chapter to achieve such a balance, permitting the beneficial use of coastal resources while preventing degradation or loss of living waterfront resources and wildlife; diminution of open space areas or public access to the waterfront; disruption of natural waterfront processes; impairment of scenic or historical resources; losses due to flooding, erosion and sedimentation; impairment of water quality; or permanent adverse changes to ecological systems.
(d)
The substantive provisions of this chapter shall apply only while there is in existence a City of Poughkeepsie local waterfront revitalization program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.
[L.L. No. 10-1999, § 1]
All boards, departments, offices, other bodies or officers of the City of Poughkeepsie are responsible for the implementation of the LWRP within the bounds of their jurisdiction and must comply with this chapter, to the extent applicable, prior to carrying out, approving or funding any action.
[L.L. No. 10-1999, § 1; 1-3-2023 by L.L. No. 1-2023]
As used in this chapter, the following terms shall have the meanings indicated:
Includes all of the following except minor actions:
Projects or physical activities, such as construction or other activities that may affect natural, manmade, or other resources in the waterfront revitalization area, or the environment by changing the use, appearance or condition of any 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 waterfront resources or the environment; and
Any combinations of the above.
Any board, agency, department, office, other body or officer of the City of Poughkeepsie.
That the action will fully comply with the City of Poughkeepsie's LWRP policy standards, conditions and objectives and, whenever practicable, will advance one or more of them.
Actions planned and proposed for implementation by an agency, such as, but not limited to, a capital project, 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 waterfront revitalization area.
The Local Waterfront Revitalization Program of the City of Poughkeepsie, 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 City of Poughkeepsie.
Minor actions 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, except for structures in areas designated by local law where structures may not be replaced, rehabilitated or reconstructed without a permit;
Repaving of existing paved 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, except where threatened or endangered species of plants or animals are affected, and in nature preserves;
Granting of individual setback and lot line variances, except in relation to a regulated natural feature;
Minor temporary uses of land having negligible or no permanent impact on coastal resources or 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 historic 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 for 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 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 part 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;
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 part;
Local legislative decisions such as rezoning where the City determines the action will not be approved.
The Planning Board of the City of Poughkeepsie as created by General City Law Section 27 and City of Poughkeepsie Code Section 2-17.
The Waterfront Advisory Committee of the City of Poughkeepsie, as created pursuant to this chapter. The Committee may review and make recommendations to appropriate agencies regarding the consistency of proposed actions with the LWRP policies.
The form, a sample of which is appended to this chapter, used by an agency to assist in determining the consistency of an action with the City of Poughkeepsie Local Waterfront Revitalization Program.
The portion of the coastal area shown on the coastal area map on file in the office of the Secretary of State, plus the extension inland to include the 100-year floodplain around the Fall Kill, a designated inland waterway pursuant to NYS Executive Law Article 42, Section 911. This combined area is described as the City of Poughkeepsie WRA in Section I of the LWRP, approved pursuant to Article 42 of the Executive Law.
The Zoning Administrator of the City of Poughkeepsie or his/her duly authorized representative.
The Zoning Board of Appeals of the City of Poughkeepsie as created by General City Law Section 81 and City of Poughkeepsie Code Section 19-8.1.
[L.L. No. 10-1999, § 1; L.L. No. 1-2013, 2-19-2013, § 1; 1-3-2023 by L.L. No. 1-2023]
(a)
A Committee is created and shall be hereafter known as the "Waterfront Advisory Committee of the City of Poughkeepsie" (hereafter "Committee"). The Committee is charged with the functions, powers and duties set forth in this chapter and may also perform other functions regarding the waterfront revitalization area as the Common Council may assign to it from time to time..
(b)
The Committee shall consist of seven members who are City of Poughkeepsie residents and who have a longstanding interest in the waterfront. Three committee members shall be appointed by a majority vote of the Common Council. The Mayor shall appoint the four other committee members.
(1)
Committee members shall serve for terms of three years with the exception of the original appointed members of the Committee who shall serve as follows:
(2)
Vacancies shall be filled by the Mayor for mayoral appointees and Common Council for Council appointees by appointment for the unexpired term.
(3)
Members may be removed by the Mayor for mayoral appointees and by the Common Council for Council appointees, for cause.
(c)
Members of the Committee shall serve without compensation but shall be entitled to reimbursement for necessary expenditures in the performance of their work, subject to budget limitations established by the City.
(d)
The Common Council shall annually appoint one Committee member to serve as Chairperson of the Committee. Upon failure of the Common Council to appoint a Chairperson, the members of the Committee shall elect a Chairperson.
(e)
The Committee may employ such persons as may be needed as authorized by the resolution of the Common Council and pursuant to law. This Committee shall have the power to adopt rules of procedure for the conduct of all business within its jurisdiction. Such rules shall become effective upon approval of the Common Council.
(f)
The Committee will make its own rules of procedure subject to applicable law.
(g)
The Committee shall appoint a Secretary who shall be responsible for keeping the minutes of the committee's meetings as required by the Opening Meetings Law of New York State. The Secretary shall file a copy of such minutes to the City Clerk's office. No less then quarterly, the Committee shall provide a report of its activity to the Common Council.
(h)
The Committee shall meet as needed but in any event, no less frequently than quarterly.
[L.L. No. 10-1999, § 1; 1-3-2023 by L.L. No. 1-2023]
The Committee shall be responsible for overall management and coordination of the LWRP and will fully participate with and advise and assist other city agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program. In pursuance of this task the Committee will:
(a)
Advise the Mayor and Common Council on implementation, priorities, work assignments, timetables and budgetary requirements of the LWRP.
(b)
As described in § 18 1/2-8. of this chapter, review direct actions of the city and funding and permitting actions, including applications for site plans, zone changes, subdivisions and public works projects in the Waterfront Revitalization Area as are referred to it, and advise the appropriate agency as to their consistency with the LWRP.
(c)
Subject to approval by Common Council resolution, make applications for funding from state, federal or other sources to finance projects under the LWRP.
(d)
Coordinate and oversee liaison with related City agencies and departments, including but not limited to the Planning Board and Zoning Board of Appeals, and with other nongovernmental bodies, in order to further the implementation of the LWRP.
(e)
Upon the request of the Mayor and/or Common Council, evaluate in timely fashion proposed actions of state agencies within the Waterfront Revitalization Area in order to assure consistency of such actions with the LWRP, advise Mayor and Common Council of any conflicts and participate in discussion to resolve such conflicts.
(f)
Assist the Mayor and Common Council in the review of proposed federal actions referred by the Department of State and provide an opinion concerning the consistency of the action within 30 days of receipt of the request from the Mayor and/or Common Council.
(g)
Prepare an annual report on progress achieved and problems encountered during the year and recommend such actions as the Committee considers necessary for the further implementation of the LWRP to the appropriate body.
(h)
Perform other functions regarding the Waterfront Revitalization Area as are necessary and as the Mayor and/or Common Council may assign to it from time to time, to implement the LWRP.
[L.L. No. 10-1999, § 1; 1-3-2023 by L.L. No. 1-2023; 10-15-2024 by L.L. No. 10-2024]
(a)
Whenever a proposed action, other than a minor action as defined herein, is located in the Waterfront Revitalization Area, each City agency shall, prior to approving, funding or undertaking the action, make a consistency determination. To move forward with such proposed action, that determination should find that the proposed action is consistent with the LWRP policy standards summarized in Subsection (i) below. No action in the Waterfront Revitalization Area shall be approved, funded or undertaken without such a determination.
(b)
The Committee shall be responsible for coordinating review of actions in the City's waterfront area for consistency with the LWRP, and will advise, assist and make consistency recommendations for other City agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative, and other actions included in the program. The Committee will also coordinate with NYS Department of State regarding consistency review for actions by state or federal agencies.
(c)
The Committee will assist each agency with preliminary evaluation of actions in the Waterfront Revitalization Area, and with preparation of a CAF. 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 Waterfront Revitalization Area, the agency shall refer, within 10 days of receipt, to the Committee for preparation of a CAF, a sample of which is appended to this chapter. The Committee will coordinate their preliminary evaluation with permitting or other review by each agency or the agencies considering an action.
(d)
The Committee shall require the applicant to submit to the Committee all completed applications, EAFs, and any other information deemed necessary to its consistency recommendation. The Committee shall render a written recommendation to the appropriate agency within 30 days following referral of the CAF, unless extended by mutual agreement of the Committee and the applicant or, in the case of direct action, the agency, or if further information is needed that has not been submitted. The recommendation shall indicate whether, in the opinion of the Committee, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives and shall elaborate in writing the basis for its opinion. The Committee shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them.
(e)
If an action requires approval of more than one agency, decision making will be coordinated between agencies to determine which agency will conduct the final consistency review, and that agency will thereafter act as designated consistency review agency. Only one CAF per action will be prepared. If the agencies cannot agree, the Planning Director shall designate the consistency review agency.
(f)
Upon recommendation of the Committee, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection (i) herein. Prior to making its determination of consistency, the agency shall consider the consistency recommendation of the Committee. The agency shall render a written determination of consistency based on the CAF, the Committee recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the Waterfront Revitalization Area without a determination of consistency. The designated agency will make the final determination of consistency. Where an EIS is being prepared or required, the draft and final EIS must identify applicable LWRP policy standards and include a discussion of the effects of the proposed action on such policy standards. No agency may make a final decision on an action that has been the subject of a final EIS and is located in the Waterfront Revitalization Area until the agency has made a written finding regarding the consistency of the action with the local policy standards referred to in Subsection (i) herein.
(g)
In the event the Committee's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and explain the manner and extent to which the action is consistent with the LWRP policy standards.
(h)
Actions to be undertaken within the Waterfront Revitalization Area shall be evaluated for consistency in accordance with the following LWRP policies, which are derived from and further explained and described in the City of Poughkeepsie LWRP, a copy of which is on file in the City Clerk's office and available for inspection during normal business hours. Agencies which undertake direct actions shall consult with Section IV: Proposed Land and Water Uses and Projects of the LWRP in making their consistency determination. The action shall be consistent with the policies to:
(1)
Revitalize deteriorated and underutilized waterfront areas (Policy 1).
(2)
Develop City-owned waterfront properties, including the former DeLaval property for compatible uses that facilitate water dependent and water enhanced uses, with a priority for water dependent uses (Policy 1).
(3)
Retain and promote recreational water dependent uses (Policy 2).
(4)
Strengthen the economic base of small harbor areas by encouraging traditional uses and activities (Policy 4).
(5)
Ensure development in areas where adequate public infrastructure is available to reduce health and pollution hazards (Policy 5).
(6)
Evaluate proposed waterfront developments for the potential to complement downtown Poughkeepsie development, particularly by creating linkages to the downtown area of Main and Market Streets (Policy 5).
(7)
Streamline development permit procedures (Policy 6).
(8)
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7, 8, 40).
(9)
Maintain, promote and expand commercial fishing opportunities (Policies 9 and 10).
(10)
Minimize flooding and erosion hazards through nonstructural means; carefully selected, long-term structural measures; and appropriate siting of structures (Policies 11, 12, 13, 14, 15, 16, and 17).
(11)
Protect the Fallkill Creek from encroachment and preserve a linear open space whenever possible along the length of the creek for purposes of flood protection, aesthetics and recreation (Policy 11).
(12)
Safeguard economic, social and environmental interests in the waterfront revitalization area when major actions are undertaken (Policy 18).
(13)
Maintain and improve public access to the shoreline and to water-related recreational facilities while protecting the environment (Policies 1, 2, 19, 20, 21 and 22).
(14)
Encourage the use of public transportation to link destinations along the waterfront and to downtown Poughkeepsie (Policy 19).
(15)
Increase access to the Mid-Hudson Bridge and the Walkway Over the Hudson (Policy 19).
(16)
Encourage tour boats which bring large groups of people to the Poughkeepsie waterfront (Policy 19).
(17)
The City of Poughkeepsie's public water-related recreational facilities should be linked via a linear trail along the waterfront. All new development along the Hudson River shall, where practical and appropriate, provide continuous pedestrian access along the water's edge and/or through the site to the waterfront. Water dependent and water enhanced uses shall be encouraged and the linear trail shall not preclude future construction of such uses (Policy 19).
(18)
Protect and restore historic and archeological resources (Policies 23, 24, and 25).
(19)
Protect and upgrade scenic resources (Policies 24 and 25).
(20)
Protect Poughkeepsie's existing urban agricultural lands and provide new opportunities to expand community gardens, commercial farming, and educational gardens within the City (Policies 26 and 29).
(21)
Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a waterfront or water location (Policies 27 and 40).
(22)
Prevent ice management practices which could damage significant fish and wildlife and their habitats (Policy 28).
(23)
Protect surface and groundwater from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 33, 34, 35, 36, 37, 38 and 40).
(24)
Perform dredging and dredge spoil disposal in a manner protective of natural resources (Policies 15 and 35).
(25)
Handle and dispose of hazardous wastes and effluent in a manner which will not adversely affect the environment (Policies 8, 30, 36, and 39).
(26)
Protect the quality and quantity of surface and groundwater supplies (Policy 38).
(27)
Protect air quality (Policies 41, 42 and 43).
(28)
Protect tidal and freshwater wetlands (Policy 44).
(i)
If the agency determines that an action will be inconsistent with one or more LWRP policy standards, such action shall not be authorized or funded unless modified to be consistent with the LWRP policies.
(j)
Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Committee. Such files shall be made available for public inspection upon request.
[L.L. No. 10-1999, § 1]
(a)
The provisions of this chapter are severable. If any provision is found invalid, such finding shall not affect the validity of any part or provision hereof other than the provision so found to be invalid.
(b)
Where there is a conflict or discrepancy in the application or effect of the provisions of this chapter with any other law, ordinance, rule or regulation of the city, the provisions of this chapter shall govern.
[L.L. No. 10-1999, § 1; 10-15-2024 by L.L. No. 10-2024]
The City Zoning Administrator shall be responsible for interpretation enforcing this chapter including the determination of whether an action qualifies as a "minor action" exempt from review under this chapter. No work or activity on a project in the Local Waterfront Area which is subject to review under this chapter shall be commenced or undertaken until the Zoning Administrator has been presented with a written determination from an agency that the action is consistent with the City's LWRP policies. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed thereunder, the Zoning Administrator 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.
[L.L. No. 10-1999, § 1]
(a)
A person who violates any of the provisions of, or who fails to comply with any conditions imposed by, this chapter shall have committed a violation, punishable by a fine not exceeding $500 for a conviction of a first offense and punishable by a fine of $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 continuing violation shall constitute a separate additional violation.
(b)
The Corporation Counsel is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. Any civil penalty shall be in addition to and not in lieu of any prosecution and penalty.