[Amended 9-20-1994 by L.L. No. 12-1994; 4-20-2004 by L.L. No. 3-2004; 10-20-2009 by L.L. No.
5-2009; 11-30-2011 by L.L. No. 5-2011; 11-30-2011 by L.L. No.
6-2011; 8-20-2013 by L.L. No. 7-2013; 2-18-2014 by L.L. No. 2-2014]
A.
On application and after public notice and hearing,
the Planning Board may authorize the issuance by the Building Inspector
of permits for any of the conditional uses specified in this chapter.
In approving any such use, the Planning Board shall take into consideration
the public health, safety and welfare, the comfort and convenience
of the public in general and of the residents of the immediate neighborhood
in particular, and may prescribe appropriate conditions and safeguards
as may be required in order that the result of its action may, to
the maximum extent possible, further the expressed intent of this
chapter and the accomplishment of the following objectives in particular:
(1)
That all proposed structures, equipment or material
shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size
and character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(3)
That, in addition to the above, in the case of any
use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to, or incongruous with, or conflict with
the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
B.
Each application for a conditional use shall be accompanied
by a proposed plan, in duplicate, showing the size and location of
the lot, the location of all buildings and proposed facilities, including
access drives, parking areas and all streets within 200 feet of the
lot.
C.
The Planning Board may require that conditional use
permits be periodically renewed. Such renewal shall be granted following
public notice and hearing, and may be withheld only upon a determination
by the Building Inspector to the effect that such conditions as may
have been prescribed by the Planning Board in conjunction with the
issuance of the original permit have not been or are being no longer
complied with. In such cases a period of 60 days shall be granted
the applicant for full compliance prior to the revocation of said
permit.
A.
Approval required; exception; certificate of occupancy.
(1)
Approval
required. No building permit shall be issued and no change in use
or intensity of use which will affect the characteristics of the site
in terms of parking, loading, access, drainage or utilities shall
be permitted except in conformity with an approved site development
plan issued in accordance with this chapter. The following land uses
shall always require issuance of site development plan approval:
(a)
All new commercial, industrial and institutional development
on a previously vacant lot or parcel.
(b)
New residential development containing four or more units in
non-single-family structures on contiguous or adjacent lots that have
previously been subdivided.
(c)
All expansions of existing commercial, industrial or residential
uses containing at least four dwelling units which increase the ground
floor area by at least 1,000 square feet or 25% of the existing ground
floor area.
(d)
Any conversions of an existing residential structure to a nonresidential
or institutional use (excepting the establishment of a home occupation
that is a permitted use or accessory use).
(e)
All conversions of an existing nonresidential structure to a
residential use containing at least four dwelling units.
(2)
Exception.
Notwithstanding the foregoing, site development plan approval is not
required for interior alterations or the erection or enlargement of
one-, two- or three-family residences or accessory uses thereto.
(3)
Certificate
of occupancy. No certificate of occupancy for a structure or use subject
to site development plan review shall be issued until all the requirements
for such approval and any conditions attached thereto have been met.
The continued validity of any certificate of occupancy shall be subject
to continued conformance with such approved plan and conditions. Revisions
of such plans shall be subject to the same approval procedure.
B.
In all cases where an amendment of any such plan is
proposed, the applicant must also secure the approval of the amendment
by the Planning Board. No building permit may be issued for any building
within the purview of this section until an approved site development
plan or amendment of any such plan has been secured by the applicant
and presented to the Building Inspector. No certificate of occupancy
may be issued for any building or use of land within the purview of
this section unless the building is constructed or used, or the land
is developed or used, in conformity with an approved site development
plan or an amendment of any such plan. The Building Inspector shall
certify on each site development plan or amendment to a site development
plan whether or not the plan meets the requirements of this chapter
other than those enumerated in sections of this chapter regarding
site development plan approval.
C.
Presubmission. Prior to the submission of a formal site development plan, the applicant shall meet in person with the Planning Board and/or its designated representative to discuss the proposed site development plan in order to determine which of the requirements listed in § 325-35D shall be necessary in developing and submitting the required development plan. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Official Map, Comprehensive Plan or this chapter.
D.
Required submissions. At least 15 days in advance
of the Planning Board meeting at which a site development plan or
an amendment of it is to be presented, the required information must
be submitted to the Secretary of the Planning Board in triplicate
along with a letter of application. All maps submitted must be at
a scale of not less than 30 feet to the inch. The information to be
submitted and which, in total, constitutes a site development plan
shall be as follows:
(1)
Legal data. The names of all owners of record of all
adjacent property.
(2)
Map or maps showing existing school, zoning and special
district boundaries, boundaries of the property building or setback
lines and lines of existing streets and lots as shown on the City's
Official Assessment Maps. Reservations, easements and areas dedicated
to the public use, if known, shall be shown.
(3)
Existing buildings. A drawing showing the location
of existing buildings and any buildings within 100 feet of the lot
lines.
(4)
Development data.
(a)
Title of development, date, North point, scale
and name and address of record owner, engineer, architect, land planner
or surveyor preparing the site development plan.
(b)
The proposed use or uses of land and building
and proposed location of buildings, including any signs, fences, lighting
facilities and proposed screening and planting.
(c)
All means of vehicular access and egress to
and from the site.
(d)
The location and design of any off-street parking
and loading areas.
(e)
The location of all proposed water lines, valves
and hydrants and of all sewer lines or alternative means of water
supply and sewage disposal and treatment.
(f)
Proposed stormwater drainage system.
E.
Additional data. Where, due to special conditions
peculiar to a site, or the size, nature or complexity of the proposed
use or development of land or buildings, the Planning Board finds
that additional data are necessary for proper review of the site development
plan, the Board may require such data to be included in the required
submission of the site development plan.
(1)
Legal data. A copy of any covenants or deed restrictions
that are intended to cover all or any part of the tract.
(2)
Existing facilities. Location of existing water mains,
culverts and drains on the property, with pipe sizes, grades and direction
of flow.
(3)
Topographic data.
(a)
Existing contours at intervals of five feet
or less, referred to a datum satisfactory to the Board.
(b)
Location of existing watercourses, marshes,
wooded areas, rock outcrops, single trees with a diameter of eight
inches or more as measured three feet above the base of the trunk,
and other significant existing features.
(4)
Development data.
(a)
All proposed lots, easements and public and
community areas.
(b)
All proposed streets with profiles indicating
grading and cross sections showing width of roadway, location and
width of sidewalk and location and size of utility lines, according
to the standards and specifications contained in the street improvement
specifications of the Department of Public Works, City of Hudson.
All lengths shall be in feet and hundredths of a foot, and all angles
shall be given to the nearest 10 seconds or closer if deemed necessary
by the surveyor. The error of closure shall not exceed 1:10,000.
(c)
The proposed location, direction, power and
time of proposed outdoor lighting or public-address systems.
F.
Performance bond or other security.
(1)
As an alternative to the installation of required infrastructure
and improvements, prior to approval by the Planning Board, a performance
bond or other security sufficient to cover the full cost of the same,
as estimated by the Planning Board in consultation with the Department
of Public Works and the Common Council, shall be furnished to the
City by the applicant or owner. Such security shall be provided to
the City pursuant to the provisions of Subdivision 8 of § 33
of Article 3 of the General City Law.
(2)
Inspection of improvements. At least five days prior to commencing
construction of required improvements, the subdivider shall pay to
the City Clerk any required inspection fee and shall notify the Planning
Board and Common Council in writing of the time when he proposes to
commence construction of such improvements so that the Planning Board
may cause inspection to be made to assure that all City specifications
and requirements shall be met during the construction of required
improvements and to assure the satisfactory completion of improvements
and utilities required by the Planning Board.
(3)
Proper installation of improvements. If the required improvements
are not performed before the expiration date of the performance bond
or have not been constructed in accordance with plans and specifications
filed by the subdivider, the Planning Board shall notify the subdivider
and, if necessary, the bonding company and take all necessary steps
to preserve the City's rights under the bond.
(4)
Bond renewal. The subdivider shall provide written notice of the
expiration date of any bond or other security to the Planning Board
no less than 21 business days prior to said expiration date.
G.
Compliance with the State Environmental Quality Review Act. In undertaking
any action pursuant to this section, the Planning Board shall comply
with the provisions of the State Environmental Quality Review Act
under Article 8 of the Environmental Conservation Law and its implementing
regulations. Wherever possible, the procedure and requirements of
the State Environmental Quality Review Act and the site plan review
process should be conducted and complied with contemporaneously.
H.
Duties of the Planning Board; procedure.
(1)
The grounds of the Planning Board's decision shall be stated on the
record, including, where applicable, any conditions or modifications
deemed necessary by the Board for approval.
(2)
Grounds for decision. In considering whether to approve a site plan
or site plan amendment, the Planning Board shall take into consideration
the public health, safety and general welfare, the general purpose
and intent of this chapter, the comfort and convenience of the public
in general and the residents of the immediate neighborhood in particular,
and shall base such decision upon the following grounds:
(a)
Maximum safety of pedestrian and vehicular traffic access and
egress.
(b)
Site layout (including location, power, direction and time of
any outdoor lighting of the site) which would have no significant
adverse impact upon any adjoining or nearby properties by impairing
the established character or the potential use of properties in such
districts. Any adverse impacts must be mitigated to the maximum extent
practicable.
(c)
The reasonable screening, at all seasons of the year, of all
playgrounds, parking and service areas from view of the adjacent residential
properties and streets.
(d)
Conformance of the proposed site development plan with the City
of Hudson Comprehensive Plan and, where applicable, the Local Waterfront
Revitalization Program, including any applicable policies contained
in the LWRP.
(e)
In applicable cases, a drainage system and layout which would
afford the best solution to any drainage problem.
(f)
All water bodies, wetlands, steep slopes, and other areas of
scenic, ecological and historic value shall be preserved insofar as
possible. All site preparation activities shall be conducted with
the goal of retaining stormwater on the site.
(g)
Landscape treatment should be provided to enhance architectural
features, strengthen vistas and visual corridors and provide shade.
(h)
No material or equipment, other than as shown on an approved
site plan, shall be stored in the open if it would be substantially
visible from adjoining properties and public roads. Storage of equipment
and materials should be within wholly enclosed structures approved
for such use or should be screened from view by fencing or landscaping,
or a combination of fencing and landscaping, as determined by the
Planning Board.
(i)
Without restricting the permissible limits of the applicable
zoning district, the height, location, design and signage of each
building should be compatible with its site and the existing and historic
character of the surrounding neighborhood. Adaptive reuse of existing
structures is strongly encouraged.
(3)
Public hearing and decision on complete site plan application.
(a)
Hearing and notice. Except where the application includes a
density bonus request, the Planning Board may, at its discretion,
convene a public hearing for the purpose of accepting public comment
on the proposed site plan or site plan amendment application. In deciding
whether to convene a public hearing, the Planning Board shall consider
the level of public interest in and desire for a public hearing and
the potential for the proposed plan or amendment to adversely impact
the public's health, safety or welfare. If the application includes
a request for a density bonus, the Planning Board shall hold a public
hearing. Where the Board convenes a public hearing, such hearing shall
be held within 62 days from the day a completed application is submitted
to the Secretary of the Planning Board. Notice of such public hearing
shall be sent to the applicant by mail at least 10 days before said
hearing, and public notice of said hearing shall be provided in a
newspaper of general circulation in the City at least five days prior
to the date of the hearing. Notice shall also be provided to the County
Planning Commission of such hearing where necessary as required by
§ 239-m of the General Municipal Law and to "neighboring
municipalities" as defined and required by § 239-nn of the
General Municipal Law.
(b)
Timing of decision. The Board shall grant, deny, or grant subject
to conditions such site plan application within 62 days after close
of such hearing or after the day the complete application is received
if no hearing is held. The time within which the Planning Board must
render its decision may be extended by mutual consent of the applicant
and the Board. If a public hearing is held pursuant to the State Environmental
Quality Review Act on a draft environmental impact statement, public
hearings must be held jointly in accordance with the State Environmental
Quality Review Act and regulations adopted pursuant thereto. For any
unlisted or Type I action under the State Environmental Quality Review
Act, no application hereunder shall be deemed complete until a negative
declaration or notice of completion of a draft environmental impact
statement has been filed in accordance with the provisions of the
State Environmental Quality Review Act.
(4)
Filing with the City Clerk. The Planning Board's decision shall be
filed in the office of the City Clerk within five business days after
such decision is rendered and a copy thereof mailed to the applicant.
(5)
Court review. Any person aggrieved by a decision of the Planning
Board made pursuant to this section may bring a proceeding to review
such decision in the manner provided by Article 78 of the Civil Practice
Law and Rules in a court of record of competent jurisdiction on the
ground that such decision is illegal in whole or in part. Such proceeding
must be commenced within 30 days after the filing of the decision
in the office of the City Clerk.
Whenever any subdivision of land is proposed to be made, including a conservation subdivision, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner or his duly authorized agent shall apply in writing, by submission of a subdivision application and all other necessary materials, for approval of such proposed subdivision. For purposes of this chapter, the number of parcel subdivisions shall be calculated based upon the "parent parcel" as that term is defined in § 325-42. Accordingly, the number of permissible subdivisions shall be calculated based upon the parent parcel as follows: Lots which have been created from a parent parcel cannot be further subdivided unless more than one lot assignment was made to the parcel during the initial subdivision of the parent parcel. Therefore, if a one-hundred-acre parent parcel is subdivided into two lots, one with 40 acres and one with 60 acres, and the original parent parcel was allowed eight lots, the parent parcel landowner could stipulate, for example, that the forty-acre parcel is given six lot assignments and the sixty-acre parcel is given two lot assignments. In any case, the assignment of lots may not exceed the maximum number of lots allowed for the original parent parcel. Subdivision approval must be obtained in accordance with the following procedures:
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing
or resubdividing land, submit to the Secretary of the Planning Board
at least 10 days prior to the regular meeting of the Board seven copies
of a sketch plan of the proposed subdivision which shall comply with
the following provisions for the purpose of classifying the subdivision
and preliminary discussion of the application.
(1)
The sketch plan initially submitted to the Planning Board shall
be based on Tax Map information or some other similarly accurate base
map at scale preferably not less than 400 feet to the inch to enable
the entire tract to be shown on one sheet.
(2)
The sketch plan shall be submitted on a sheet of paper no less
than 8.5 inches by 11 inches.
(3)
The sketch plan shall be submitted showing the following information:
(a)
A location map to indicate the relationship of the proposed
subdivision to existing community facilities which will serve or influence
the layout, such as existing road patterns, schools, parks and other
public or conservation lands, and whether such subdivision is located
within the City's Local Waterfront Revitalization Area.
(b)
All existing structures, including any structures of historical
or archaeological importance, existing property lines, wooded areas,
streams or watercourses, wetlands and other significant physical features
within the area to be subdivided and within 500 feet thereof.
(c)
The kind of development proposed, including uses (such as residential,
commercial, mixed use).
(d)
The proposed pattern and approximate dimensions and areas of
lots (including lot width and depth), building sites, road and driveway
type and configuration, recreation areas, conservation areas, systems
of drainage, water supply, and sewage system within the subdivision,
including scale, North arrow and acreage involved.
(e)
The name and owner of all adjoining property.
(f)
All existing restrictions on the use of the land, such as zoning
district designation, rights-of-way or other easements, including
conservation easements, and covenants.
(5)
Copies of any applications to the Zoning Board of Appeals for
a use or area variance, if applicable.
B.
Sketch plan meeting. The owner or applicant, or his duly authorized
representative, shall attend a meeting of the Planning Board to discuss
the sketch plan and applicable laws, rules and regulations related
to the proposed subdivision. Upon conclusion of such meeting where
possible, but in no event not later than 30 days following such meeting,
the Planning Board shall make the following determinations:
(1)
Whether the sketch plan meets the requirements of § 325-35.1A, and if necessary, make specific recommendations regarding such requirements in writing to be incorporated by the applicant in the next submission to the Planning Board.
(2)
In accordance with this subsection, determine whether the subdivision
is a major or minor subdivision and, if a minor subdivision, whether
such minor subdivision will be subject to subdivision review or site
plan review.
(a)
Major subdivision approval. Review of major subdivisions, as that term is defined by § 325-42, shall be required for all applications involving one or more of the following:
C.
Time for filing application. Within six months after acceptance and
classification of the sketch plan, the applicant shall submit to the
Planning Board an application for a subdivision approval for any major
subdivision or a minor subdivision deemed to warrant such a review.
Failure to submit such application based upon the sketch plan within
six months from acceptance and classification of the sketch plan will
result in revocation of sketch plan approval.
D.
State environmental quality review.
(1)
Coordination with the State Environmental Quality Review Act.
The owner or applicant shall provide full disclosure and cooperate
with the Planning Board in its efforts to comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
(2)
Receipt of a complete application and preliminary plat. In any
unlisted or Type I action under the State Environmental Quality Review
Act, no application hereunder shall be deemed complete until a negative
declaration or notice of completion of a draft environmental impact
statement has been filed in accordance with the provisions of the
State Environmental Quality Review Act.
E.
Subdivision application. Within six months of the classification
of a sketch plan as a major subdivision or where the Planning Board
has determined that a minor subdivision shall nevertheless be subject
to subdivision review, the owner or applicant of such subdivision
may submit seven copies of the sketch plan which shall incorporate
recommendations, if any, made by the Planning Board as a result of
the sketch plan meeting to the Secretary of the Planning Board, together
with seven copies of an application for such subdivision, accompanied
by the required fee. The application shall include the following documents:
(1)
A copy of such covenants, deed restrictions, road requirements
or road maintenance agreements as are intended to cover all or part
of the subdivision plat or a statement by the owner that no such restrictions
exit.
(2)
If the application covers only a part of the owner's or applicant's
entire contiguous holdings, the application shall submit a map or
sketch of the entire contiguous holdings, indicating acreages and
the relation of the proposed subdivision to the entire holding(s).
The map shall show an outline of the planned area with its proposed
streets and shall indicate the probable future street system with
grades and drainage in the remaining portion of the tract and the
probable future drainage layout of the entire subdivision. The area
proposed for subdivision shall be considered in light of the entire
holding.
(3)
All appropriate environmental forms, assessments and impact
statements which are necessary in connection with the environmental
review process, including a long form environmental assessment.
(4)
Applications for a density bonus permit pursuant to § 325-28.2 or use or area variances, where applicable.
(5)
Seven copies of the preliminary plat certified by a licensed
land surveyor and/or professional engineer at a scale of not more
than 100 feet but preferably not less than 50 feet to an inch shall
be submitted to the Secretary of the Planning Board at least five
days prior to the regular Planning Board meeting, which plat shall
contain the following information:
(a)
Proposed subdivision name and location, date, true or magnetic
North point, map scale, name and address of the record owner and owner
or applicant, name and address of engineer and/or surveyor, including
license number(s) and seal(s).
(b)
The name of all owners or parcels immediately adjacent and within
200 feet of the property, including opposite side of roads or highways.
(c)
All parcels of land proposed to be dedicated to public use or
preserved as conservation or open space and the conditions of such
dedication or preservation.
(d)
Location of existing property lines, easements, buildings, watercourses,
wetlands, rock outcrops, wooded areas, soil types, slopes greater
than 15% and 30%, and other significant existing physical features
and significant environmental resources as identified by the City
for the proposed subdivision and adjacent property.
(e)
Location of existing and proposed sewers, water mains, culverts
and drains on the property, with pipe sizes, grades and direction
of flow.
(f)
Contours with intervals of 10 feet or less as required by the
Board, including elevations of existing roads. Approximate grading
plan if natural contours are to be changed more than two feet.
(g)
All existing and proposed roads or public ways or places shown
on the Official Zoning Map within the area to be subdivided or developed,
including width, location, grades, road profiles and cross sections
of all roads or public ways as proposed by the developer.
(h)
Street lines, pedestrianways, lots, reservations, easements
and areas to be dedicated to public use.
(i)
Sufficient data acceptable to the Planning Board to readily
determine the location, bearing and length of every road line, lot
line, boundary line, including chord bearing, curve radii and arc
length or central angle and to reproduce such lines upon the ground.
Where applicable, these should be referenced to monuments included
in the state system of plane coordinates and, in any event, should
be tied to reference points previously established by a public authority.
(j)
The length and bearing of all straight lines, radii, chord bearing,
arc and/or central angles of all curves shall be given for each road.
All dimensions shall be shown in feet and decimals of a foot. The
plat shall show the boundaries of the properties.
(k)
The approximate location and size of all proposed water lines,
valves, hydrants and sewer lines, fire ponds and fire alarm boxes.
Connection to existing lines or alternate means of water supply or
sewer disposal and treatment as provided in the Public Health Law.
Profiles of all proposed water and sewer lines.
(l)
Storm drainage plan indicating the approximate location and
size of proposed lines and their profiles. Connection to existing
lines or alternate means of discharge.
(m)
Plans and cross sections showing the proposed location and type
of sidewalks, road lighting standards, road trees, curves, water mains,
sanitary sewers and stormwater drains, and including the size and
type thereof, the character, width and depth of pavements and subbase,
the location of manholes, catch basins and overhead lines, underground
conduits, i.e., telephone, CATV, power, gas, and all contemplated
infrastructure.
(n)
Preliminary designs of any bridges or culverts which may be
required.
(o)
The proposed lot lines with approximate dimensions and area
of each lot.
(p)
Where topography is such as to make difficult the inclusion
of any of the required facilities within the public areas as laid
out, the preliminary plat shall show the boundaries of proposed permanent
easements over and under private property, which permanent easements
shall not be less than 20 feet in width and which shall provide satisfactory
access to an existing public highway or other public highway or public
conservation land or open space shown on the subdivision or the Official
Zoning Map.
(q)
An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and certified
to or by a licensed land surveyor. The corners of the tract shall
also be located on the ground and marked by suitable monuments, as
recommended by the licensed land surveyor, and shall be referenced
and shown on the plat. The plat shall show all existing structures,
wooded areas, streams, wetlands and other significant features within
the portion to be subdivided or developed and within 200 feet thereof.
Topical contour shall also be included in intervals of not more than
10 feet.
(r)
All on-site sanitation and water supply facilities shall be
designed to meet or exceed the minimum of the current state and county
sanitation laws. The feasibility data on sanitation facilities, including
percolation test, water and stormwater drainage, including documentation
from on-site investigation by the Columbia County Department of Health
or a licensed engineer, shall be noted on the plat and signed by a
duly appointed agent of the county or licensed engineer.
(s)
Road requirements or road maintenance agreement notes approved
by the Planning Board.
(t)
Photos or aerial photos, if required.
(u)
Layout of all utilities and proposed easements.
F.
Approval procedure.
(1)
Owner or applicant to attend Planning Board meeting. The owner
or applicant, or his duly authorized representative, shall attend
the meeting of the Planning Board scheduled to discuss the subdivision
application.
(2)
Official submission date. The time of submission of the subdivision
application shall be considered to be the date of the Planning Board's
regular meeting on or before which the complete application, accompanied
by the required fee and all data required by this section, has been
filed with the Secretary of the Planning Board. The application shall
not be considered complete until either a negative declaration has
been filed or a notice of completion of a draft environmental impact
statement has been filed in accordance with the provisions of the
State Environmental Quality Review Act. The time periods for review
of the application shall begin upon filing of the negative declaration
or the notice of completion.
(3)
Consideration of the preliminary plat. The Planning Board shall
study the practicability of the preliminary subdivision plat, taking
into consideration the requirements of the community and the best
use of the land being subdivided. Particular attention shall be given
to the arrangement, location and width of roads, their relation to
the topography of the land, water supply, road requirements and road
maintenance agreements, sewerage disposal, drainage, lot sizes and
arrangement, the future development of adjoining lands as yet not
subdivided, and the requirements and goals of this chapter, the Comprehensive
Plan, and the Local Waterfront Revitalization Program and the policies
contained therein.
(4)
Highway referral. In any application for a subdivision that
will require access from a state, county or City highway, the applicant
will forward notice of the proposed subdivision or development to
the appropriate agency for review and comment, with proof of such
submission and the response from the agency, if any, to be filed with
the Secretary of the Planning Board.
(5)
Public hearing on preliminary plat; Planning Board as lead agency.
(a)
The time within which the Planning Board shall hold a public
hearing on the preliminary plat as follows:
[1]
If such Board determines that the preparation of
an environmental impact statement on the preliminary plat is not required,
the public hearing on such plat shall be held within 62 days after
receipt of a completed application by the Secretary of the Planning
Board.
[2]
If such Board determines that an environmental
impact statement is required, and a public hearing on the draft environmental
impact statement is held, the public hearing on the preliminary plat
and the draft environmental impact statement shall be held jointly
within 62 days after filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the preliminary plat shall be held within 62 days of the filing
of the notice of completion.
(b)
Notice and length.
[1]
The hearing on the preliminary plat shall be advertised
at least once in a newspaper of general circulation in the City at
least five days before such hearing if no hearing is held on the draft
environmental impact statement or 14 days before a hearing held jointly
therewith. The Planning Board may provide that the hearing be further
advertised in such a manner as it deems most appropriate for full
public consideration of such preliminary plat. The hearing on the
preliminary plat shall be closed upon motion of the Planning Board
within 120 days after it has been opened.
[2]
The applicant shall mail notice of the filing of
the application and all public hearings regarding such subdivision
directly to all owners of abutting parcels of the parcel or parcels
proposed to be subdivided. Notification in all cases shall be made
by certified mail, return receipt requested, at least 10 days prior
to the scheduled Planning Board meeting or hearing. Documentation
of the foregoing notification shall be submitted to the Planning Board
prior to the public hearing.
(c)
Decision. Approval of a preliminary plat shall be based upon
demonstration of compliance with all relevant provisions of this chapter
and consistency with the Comprehensive Plan and, where applicable,
any applicable policies and projects contained in the Local Waterfront
Revitalization Program. The Planning Board shall approve, with or
without modification, or disapprove such preliminary plat as follows:
[1]
If the Planning Board determines that the preparation
of an environmental impact statement on the plat is not required,
such Board shall make its decision within 62 days after the close
of the public hearing. Such decision shall include a preliminary determination
on any application for a density bonus permit; or
[2]
If the Planning Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 62 days following the close of such public hearing
in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the plat. Within 30 days of the filing of such final environmental
impact statement, the Planning Board shall issue findings on the final
environmental impact statement and make its decision on the preliminary
plat, including a preliminary determination on any application for
a density bonus permit.
[3]
If the Planning Board fails to act within the specified
time periods, the default approval provisions of the General City
Law shall apply.
[4]
The time in which the Planning Board must take
action on such preliminary plat may be extended by mutual written
consent of the owner or applicant and the Planning Board.
(d)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the record of
the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing or in its minutes any modifications it
deems necessary for submission of the preliminary plat in final form.
(6)
Public hearing on preliminary plat; Planning Board not as lead
agency.
(a)
Public hearing on preliminary plat. The Planning Board shall,
with the agreement of the lead agency, hold the public hearing on
the preliminary plat jointly with the lead agency's hearing on the
draft environmental impact statement, where the lead agency holds
such hearing. Failing agreement or if no public hearing is held on
the draft environmental impact statement, the Planning Board shall
hold the public hearing on the preliminary plat within 62 days after
receipt of a complete application by the Secretary of the Planning
Board.
(b)
Notice and length.
[1]
The hearing on the preliminary plat shall be advertised
at least once in a newspaper of general circulation in the City at
least five days before such hearing if no hearing is held on the draft
environmental impact statement or 14 days before a hearing held jointly
therewith. The hearing on the preliminary plat shall be closed upon
motion of the Planning Board within 120 days after it has been opened.
[2]
The applicant shall mail notice of the filing of
the application and all public hearings regarding such subdivision
directly to all owners of adjoining parcels of the parcel or parcels
proposed to be subdivided. Notification in all cases shall be made
by certified mail, return receipt requested, at least 10 days prior
to the scheduled Planning Board hearing. Documentation of the foregoing
notification shall be submitted to the Planning Board prior to the
public hearing.
(c)
Decision. Approval of a preliminary plat shall be based upon
demonstration of compliance with all relevant provisions of this chapter
and consistency with the Comprehensive Plan and, where applicable,
any applicable policies and projects contained in the Local Waterfront
Revitalization Program. The Planning Board shall, by resolution, approve,
with or without modification, or disapprove such preliminary plat
as follows:
[1]
If the preparation of an environmental impact statement
on the plat is not required, the Planning Board shall make its decision
within 62 days after the close of the public hearing; or
[2]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the plat within 62 days after the close of the public hearing on such
plat or 30 days of the adoption of findings by the lead agency, whichever
period is longer.
[3]
If the Planning Board fails to act within the specified
time periods, the default approval provisions of the General City
Law shall apply.
[4]
The time in which the Planning Board must take
action on such preliminary plat may be extended by mutual written
consent of the owner or applicant and the Planning Board.
(d)
Grounds for decision. The grounds for a modification, if any,
or the grounds for disapproval shall be stated upon the record of
the Planning Board. When so approving a preliminary plat, the Planning
Board shall state in writing or in its minutes any modifications it
deems necessary for submission of the preliminary plat in final form.
(7)
Action on major subdivision preliminary plat.
(a)
Approval of a preliminary plat shall not constitute approval
of the subdivision, but rather it shall be deemed an expression of
approval of the design submitted on the preliminary plat as a guide
to the preparation of the final plat, which will be submitted for
approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations. Prior to approval of the
preliminary subdivision plat, the Planning Board may require additional
changes as a result of further study of the subdivision as a result
of new information obtained at the public hearing.
(b)
Certification and filing of preliminary plat. Within five business
days of the adoption of the resolution granting approval of the preliminary
plat, such plat shall be certified by the Secretary of the Planning
Board as having been granted preliminary approval, and a copy of the
plat and resolution shall be filed in the office of the City Clerk.
A copy of the resolution shall be mailed or otherwise provided to
the owner or applicant.
(c)
Revocation. Within six months of the approval of the preliminary
plat, the owner must submit the plat in final form. If the plat is
not submitted within six months, the preliminary approval shall be
revoked, but such preliminary approval is subject to extension by
the Planning Board at its discretion.
(8)
Approval of final subdivision plat.
(a)
Submission and approval of final plat. When a plat in compliance with Subsection F(8)(b) and (c) of this section and marked as "Final Plat" is submitted to the Planning Board which the Planning Board deems to conform to the preliminary plat previously approved, including any conditions of such approval, the Planning Board shall, by resolution, either conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing and certification of such final plat, within 62 days of its receipt by the Planning Board. Failure of the Planning Board to act within such time, unless such time period is extended by mutual consent, shall constitute approval of such final plat.
(b)
Form of final plat. The final plat for a major subdivision or
conservation development to be filed with the County Clerk shall be
printed upon linen or Mylar or upon such paper or materials required
by County Clerk of Columbia County to be duly filed. The plat shall
show:
[1]
Proposed subdivision or development name and name
of the City and county in which it is located, date, true or magnetic
North point, map scale, name and address of the record owner and owner
or applicant, name and address of engineer and/or surveyor, including
license number(s) and seal(s).
[2]
All parcels of land proposed to be dedicated to
public use or preserved as open space and the conditions of such dedication
or preservation. The agreements or documents as are necessary to show
the manner in which such areas are to be owned, maintained and preserved,
including road maintenance agreements approved by the Planning Board,
shall be noted on or appended to the plat.
[3]
Road lines, pedestrianways, lots, reservations,
easements and areas to be dedicated to public use.
[4]
Location of existing and proposed sewers, water
mains, culverts and drains on the property, with pipe sizes, grades
and direction of flow.
[5]
Contours with intervals of 10 feet or less as required
by the Board, including elevations of existing roads. Approximate
grading plan if natural contours are to be changed more than two feet.
[6]
All existing and proposed roads or public ways
or places shown on the Official Zoning Map within the area to be subdivided
or developed, including width, location, grades, road profiles and
cross-sections of all roads or public ways as proposed by the developer.
[7]
Sufficient data acceptable to the Planning Board
to readily determine the location, bearing and length of every road
line, lot line, boundary line, including chord bearing, curve radii
and arc length or central angle and to reproduce such lines upon the
ground. Where applicable, these should be referenced to monuments
included in the state system of plane coordinates and, in any event,
should be tied to reference points previously established by a public
authority.
[8]
The length and bearing of all straight lines, radii,
chord-bearing, arc and/or central angles of all curves shall be given
for each road. All dimensions shall be shown in feet and decimals
of a foot. The plat shall show the boundaries of the properties.
[9]
Lots and blocks within a subdivision shall be numbered
and lettered in accordance with the prevailing City practice.
[10]
The approximate location and size of all proposed
water lines, valves, hydrants and sewer lines, fire ponds and fire
alarm boxes. Connection to existing lines or alternate means of water
supply or sewer disposal and treatment as provided in the Public Health
Law. Profiles of all proposed water and sewer lines.
[11]
Storm drainage plan indicating the approximate
location and size of proposed lines and their profiles. Connection
to existing lines or alternate means of discharge.
[12]
Permanent reference monuments shall be shown and
shall be constructed in accordance with specifications of the City
Public Works Superintendent. When referenced to the state system of
plan coordinates, they shall also conform to the requirements of the
State Department of Transportation. They shall be placed as required
by the City Public Works Superintendent and their location noted and
referenced upon the plat.
[13]
All lot corner markers shall be permanently located
satisfactorily to the City Public Works Superintendent at least 3/4
inch (if metal) in diameter and at least 24 inches in length and located
in the ground to existing grade.
[14]
Monuments of a type and approved by the City Public
Works Superintendent shall be set at all corners and angle points
of the boundaries of the original tract to be subdivided, and at all
road intersections, angle points in street lines, points of curve,
and such intermediate points as shall be required by the City Public
Works Superintendent.
[15]
The proposed lot lines with approximate dimensions
and area of each lot.
(c)
Underground utilities map. A map shall be submitted to the satisfaction
of the Planning Board, indicating the location of the monuments marking
all underground utilities as actually installed. If the owner or applicant
completes all required improvements without a security agreement,
then such map shall be submitted prior to final approval of the subdivision
plat. However, if the owner or applicant elects to provide a security
agreement for all required improvements, such bond or other security
shall not be released until such a map is submitted in a form satisfactory
to the Planning Board.
(d)
Final plats when no preliminary plat is required to be submitted;
receipt of complete final plat. When no preliminary plat is required
to be submitted, a final plat shall not be considered complete until
a negative declaration has been filed or until a notice of completion
of the draft environmental impact statement has been filed in accordance
with the provisions of the State Environmental Quality Review Act.
The time periods for review of such plat shall begin upon filing of
such negative declaration or such notice of completion.
(e)
Final plats not in substantial agreement with approved preliminary plats, or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided in § 325-42, the following shall apply:
[1]
Planning Board as lead agency; public hearing;
notice; decision.
[a]
Public hearing on final plats. The time within
which the Planning Board shall hold a public hearing on such final
plat shall be coordinated with any hearings the Planning Board may
schedule pursuant to the State Environmental Quality Review Act, as
follows:
[i]
If such board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat
not in substantial agreement with a preliminary plat, or on a final
plat when no preliminary plat is required to be submitted, shall be
held within 62 days after the receipt of a Complete final plat by
the Clerk of the Planning Board; or
[ii]
If such board determines that an environmental
impact statement is required and a public hearing on the draft environmental
impact statement is held, the public hearing on the final plat and
the draft environmental impact statement shall be held jointly within
62 days after the filing of the notice of completion of such draft
environmental impact statement in accordance with the provisions of
the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, the public hearing
on the final plat shall be held within 62 days following filing of
the notice of completion.
[b]
Public hearing; notice, length. The hearing on
the final plat shall be advertised at least once in a newspaper of
general circulation in the City at least five days before such hearing
if no hearing is held on the draft environmental impact statement
or 14 days before a hearing held jointly therewith. The Planning Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of such
final plat. The hearing on the final plat shall be closed upon motion
of the Planning Board within 120 days after it has been opened.
[c]
Decision. The Planning Board shall make its decision
on the final plat as follows:
[i]
If such commission determines that the preparation of an environmental
impact statement on the final plat is not required, the Planning Board
shall, by resolution, conditionally approve, with or without modification,
disapprove, or grant final approval and authorize the signing of such
plat within 62 days after the date of the public hearing; or
[ii]
If such Board determines that an environmental
impact statement is required and a public hearing is held on the draft
environmental impact statement, the final environmental impact statement
shall be filed within 45 days following the close of such public hearing
in accordance with the provisions of the State Environmental Quality
Review Act. If no public hearing is held on the draft environmental
impact statement, the final environmental impact statement shall be
filed within 45 days following the close of the public hearing on
the final plat. Within 30 days of the filing of the final environmental
impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall, by resolution, conditionally
approve, with or without modification, disapprove, or grant final
approval and authorize the signing of such plat.
[d]
Grounds for decision. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
[2]
Planning Board not as lead agency; public hearing;
notice; decision.
[a]
Public hearing. The Planning Board shall, with
the agreement of the lead agency, hold the public hearing on the final
plat jointly with the lead agency's hearing on the draft environmental
impact statement. Failing such agreement or if no public hearing is
held on the draft environmental impact statement, the Planning Board
shall hold the public hearing on the plat within 62 days after the
receipt of a complete final plat by the Clerk of the Planning Board.
[b]
Public hearing; notice, length. The hearing on
the final plat shall be advertised at least once in a newspaper of
general circulation in the City at least five days before such hearing
if held independently of the hearing on the draft environmental impact
statement or 14 days before a hearing held jointly therewith. The
Planning Board may provide that the hearing be further advertised
in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed
upon motion of the Planning Board within 120 days after it has been
opened.
[c]
Decision. The Planning Board shall, by resolution,
conditionally approve, with or without modification, disapprove, or
grant final approval and authorize the signing of such plat as follows:
[i]
If the preparation of an environmental impact statement on the
final plat is not required, the Planning Board shall make its decision
within 62 days after the close of the public hearing on such final
plat.
[ii]
If an environmental impact statement is required,
the Planning Board shall make its own findings and its decision on
the final plat within 62 days after the close of the public hearing
on such final plat or within 30 days of the adoption of findings by
the lead agency, whichever period is longer. The grounds for a modification,
if any, or the grounds for disapproval shall be stated upon the records
of the Planning Board.
(f)
Plat certification. Upon passage of a resolution by the Planning
Board of conditional or final approval of the final plat, the Planning
Board shall empower a duly authorized officer to sign the plat upon
completion of such requirements as may be stated in the resolution.
Within five business days of such resolution, the plat shall be certified
by the Clerk of the Planning Board as having been granted conditional
or final approval, and a copy of said plat shall be filed in the City
Clerk's office and mailed to the owner or applicant. In the case of
a conditionally approved plat, such resolution shall include a statement
of the requirements which, when completed, will authorize the signing
of the conditionally approved plat as final. Upon completion of such
requirements, the plat shall be signed by the duly authorized officer
of the Planning Board and a copy of the signed plat shall be filed
in the office of the City Clerk.
(g)
Approval of plat in sections. In granting conditional or final
approval of a plat in final form, the Planning Board may permit the
plat to be subdivided and developed in two or more sections and may,
in its resolution granting conditional or final approval, state that
such requirements as it deems necessary to ensure the orderly development
of the plat be accepted before the sections may be signed by the duly
authorized officer of the Planning Board. Conditional or final approval
of the sections of the final plat may be granted concurrently with
conditional or final approval of the entire plat, subject to any requirements
imposed by the Planning Board.
(h)
Conditional approval. Conditional approval of the final plat
shall expire within 180 days after passage of the resolution granting
such approval unless all requirements stated in such resolution have
been certified as completed. The Planning Board may extend by not
more than two additional periods of 90 days each the time in which
a conditionally approved plat must be submitted for signature if,
in the Planning Board's opinion, such extension is warranted by the
particular circumstances.
(9)
Default approval of preliminary plat. Any default approval of
preliminary plat shall not avoid the need for final plat submission
and approval.
(10)
Improvements and performance bond. Before the Planning Board
grants final approval of a subdivision plat, the owner or applicant
shall complete all improvements (including roads and highways) or
comply with the following procedure:
(a)
Furnishing of performance bond or other security. As an alternative
to the installation of infrastructure and improvements, as above provided,
prior to Planning Board approval, a performance bond or other security
sufficient to cover the full cost of the same, as estimated by the
Planning Board or a City department designated by the Planning Board
to make such estimate, where such departmental estimate is deemed
acceptable by the Planning Board, shall be furnished to the City by
the owner.
(b)
Security where plat approved in sections. In the event that
the owner shall be authorized to file the approved plat in sections,
as provided in this section, approval of the plat may be granted upon
the installation of the required improvements in the section of the
plat filed in the office of the County Clerk or the furnishing of
security covering the costs of such improvements. The owner shall
not be permitted to begin construction of buildings in any other section
until such section has been filed in the office of the County Clerk
and the required improvements have been installed in such section
or a security covering the cost of such improvements is provided.
(c)
Form of security. Any such security must be provided pursuant
to a written security agreement with the City, approved by the Common
Council and also approved by the City Attorney as to form, sufficiency
and manner of execution, and shall be limited to:
[1]
A performance bond issued by a bonding or surety
company;
[2]
The deposit of funds in, or a certificate of deposit
issued by, a bank or trust company located and authorized to do business
in this state;
[3]
An irrevocable letter of credit from a bank located
and authorized to do business in this state;
[4]
Obligations of the United States of America; or
[5]
Any obligations fully guaranteed as to interest
and principal by the United States of America, having a market value
at least equal to the full cost of such improvements. If not delivered
to the City, such security shall be held in a City account at a bank
or trust company.
(d)
Term of security agreement. Any such performance bond or security
agreement shall run for a term to be fixed by the Planning Board,
but in no case for a longer term than three years; provided, however,
that the term of such performance bond or security agreement may be
extended by the Planning Board with consent of the parties thereto.
If the Planning Board shall decide at any time during the term of
the performance bond or security agreement that the extent of building
development that has taken place in the subdivision is not sufficient
to warrant all the improvements covered by such security or that the
required improvements have been installed as provided in this section
and by the Planning Board in sufficient amount to warrant reduction
in the amount of said security, and upon approval by the Common Council,
the Planning Board may modify its requirements for any or all such
improvements, and the amount of such security shall thereupon be reduced
by an appropriate amount so that the new amount will cover the cost
in full of the amended list of improvements required by the Planning
Board.
(e)
Default of security agreement. In the event that any required
improvements have not been installed as provided in this section within
the term of such security agreement, the Common Council may thereupon
declare the said performance bond or security agreement to be in default
and collect the sum remaining payable thereunder, and upon the receipt
of the proceeds thereof, the City shall install such improvements
as are covered by such security and as commensurate with the extent
of building development that has taken place in the subdivision but
not exceeding in cost the amount of such proceeds.
(f)
Extension of period specified in security agreement.
[1]
The time period for the completion of all required
improvements, as set forth in the security agreement and any renewals
or replacements thereof, shall not be extended except upon approval
of the Planning Board. Requests for an extension shall be addressed
in writing to the Planning Board and shall set forth the following
information:
[a]
Detailed reasons for failure or inability to complete
the work within the time specified in the security agreement.
[b]
The amount of work which has been completed, as
certified by the applicant's engineer.
[c]
The maximum estimated time required to complete
the remainder of the work.
[d]
The terms of the security agreement.
[2]
The Planning Board shall consider escalations in
construction costs and may require the amount of security/bond to
be increased to reflect the increased construction costs.
(g)
Reduction in security. Upon approval of the Common Council and
after due notice, the Planning Board may reduce the required amount
of the performance bond or other security during its term if the Planning
Board finds that sufficient improvements have been installed to warrant
such a reduction. Requests for a reduction shall be made in writing
to the Planning Board and shall itemize the amount of required improvements
already completed and the amount of reduction requested. The Planning
Board shall forward such application to the Common Council for its
action.
(11)
Filing of approved subdivision with county.
(a)
Upon completion of the requirements of this section and notation
to that effect upon the subdivision plat, it shall be deemed to have
final approval and shall be properly signed by the duly designated
officer of the Planning Board and shall be filed by the applicant
or owner, together with the Underground Utilities Map, and any related
deed restrictions or covenants, in the office of the County Clerk
of Columbia County, New York. The approval of any subdivision plat
not so filed or recorded by reasons of the failure of the owner or
applicant to act within 62 days of the date upon which such plat is
approved as final shall lapse and shall require resubmission to the
Planning Board for restamping or review as a preliminary or final
plat as the Planning Board determines, given the duration of such
failure, the reasons therefor, the performance of required improvements
and the applicability of intervening laws, standards or requirements.
(b)
No changes, erasures, modifications, or revisions shall be made
in any subdivision plat after approval has been given by the Planning
Board and signed and certified on the plat, unless the said plat is
resubmitted to the Planning Board and such Board approves any modifications.
In the event that any such plat is recorded without complying with
this requirement, the same shall be considered null and void, and
the City shall institute proceedings to have the plat stricken from
the records of the County Clerk.
(12)
Public roads; recreation areas.
(a)
The approval of the Planning Board of a subdivision plat shall
not be deemed to constitute or be evidence of an acceptance by the
City of any road, easement, or other open space shown on such plat.
(b)
When a conservation easement, trail, park, playground or other
recreation area shall have been shown on a plat, the approval of said
plat shall not constitute an acceptance by the City of such area.
The Planning Board shall require the plat to be endorsed with appropriate
notes to this effect. The Planning Board may also require the filing
of a written agreement between the applicant and the City covering
future deed and title dedication and provision for the cost of grading,
development, equipment, and maintenance of any such recreation area.
G.
Waivers. Where the Planning Board finds that, because of the special
circumstances of a particular subdivision or conservation development,
extraordinary hardship may result from strict compliance with this
chapter, the Planning Board shall have the authority to vary or modify
the application of any of the requirements herein, in the interest
of public health, safety and general welfare; provided, however, that
any such waiver by the Planning Board shall be preceded by recommendations
to, and concurrence by, the Common Council.
I.
Court review. Any person aggrieved by a decision of the Planning
Board made pursuant to this section may bring a proceeding to review
such decision in the manner provided by Article 78 of the Civil Practice
Law and Rules in a court of record of competent jurisdiction on the
ground that such decision is illegal in whole or in part. Such proceeding
must be commenced within 30 days after the filing of the decision
in the office of the City Clerk.
A.
Coastal Consistency Review Board.
(1)
The Coastal Consistency Review Board shall be responsible for
coordinating review of actions in the City's coastal area for consistency
with the LWRP and will advise, assist and make consistency recommendations
to 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.
(2)
The Coastal Consistency Review Board 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.
(3)
The Coastal Consistency Review Board shall assist the City in
making applications for funding from state, federal, or other sources
to finance projects under the LWRP.
(4)
The Coastal Consistency Review Board shall perform other functions
regarding the coastal area and direct such actions or projects as
the Common Council may deem appropriate to implement the LWRP.
B.
LWRP consistency review of actions.
(1)
Whenever a proposed action is located within the City's coastal area, each City agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in Subsection B(8) herein. No action in the coastal area shall be approved, funded or undertaken by that agency without such a determination.
(2)
Whenever an agency of the City 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 agency shall
refer a copy of the completed CAF[1] to the Coastal Consistency Review Board within 10 days
of its receipt and, prior to making its determination, shall consider
the recommendation of the Coastal Consistency Review Board with reference
to the consistency of the proposed action.
[1]
Editor's Note: "CAF" refers to the coastal assessment form.
Said form is on file in the City offices.
(3)
Coastal Consistency Review Board consideration; recommendation.
(a)
After referral from an agency, the Coastal Consistency Review Board shall consider whether the proposed action is consistent with the LWRP policy standards set forth in Subsection B(8) herein. The Coastal Consistency Review Board shall require the applicant to submit all completed applications, CAFs, EAFs, and any other information deemed necessary to its consistency recommendation.
(b)
The Coastal Consistency Review 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
Coastal Consistency Review Board and the applicant or, in the case
of a direct action, the agency. The Coastal Consistency Review Board's
recommendation shall indicate whether the proposed action is consistent
with or inconsistent with one or more of the LWRP policy standards
and shall elaborate in writing the basis for its opinion. The Coastal
Consistency Review Board shall, along with a 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 or to greater advance them.
(c)
In the event that the Coastal Consistency Review Board's recommendation
is not forthcoming within the specified time, the agency shall make
its consistency decision without the benefit of the Coastal Consistency
Review Board's recommendation.
(4)
If an action requires approval of more than one City agency,
decisionmaking will be coordinated between the agencies to determine
which agency will conduct the final consistency review, and that agency
will thereafter act as designated consistency review agency for the
specific action being reviewed. Only one CAF per action will be prepared.
If the agencies cannot agree, the Common Council shall designate the
consistency review agency.
(5)
Agency consideration; Zoning Board of Appeals.
(a)
Upon receipt of the Coastal Consistency Review Board's recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection B(8) herein. The agency shall consider the consistency recommendation of the Coastal Consistency Review Board, the CAF and other relevant information in making its written determination of consistency. No approval or decision shall be rendered for an action in the coastal area without a written determination of consistency having first been rendered by a City agency.
(b)
The Zoning Board of Appeals is the designated agency for the
determination of consistency for variance applications subject to
this section. The Zoning Board of Appeals shall consider the written
consistency recommendation of the Coastal Consistency Review Board
in the event and at the time it makes a decision to grant such a variance
and shall impose appropriate conditions on the variance to make the
activity consistent with the objectives of this section.
(6)
Where an EIS is being prepared or required, the draft EIS must identify applicable LWRP policy standards in Subsection B(8) and include a thorough discussion of the effects of the proposed action on such policy standards.
(7)
In the event the Coastal Consistency Review Board'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 state the manner and extent to which the action is consistent
with the LWRP policy standards.
(8)
Actions to be undertaken within the coastal area shall be evaluated
for consistency in accordance with the following summary of LWRP policy
standards, which are derived from and further explained and described
in Section III (Policies) of the City of Hudson 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
must also consult with Section IV (Proposed Uses and Projects) in
making their consistency determination. The action must be consistent
with the policies to:
(a)
Restore, revitalize and redevelop deteriorated and underutilized
waterfront areas for commercial, industrial, cultural, recreational,
and other compatible uses (Policies 1, 1A, 1B, 1C);
(b)
Strengthen the economic base of the harbor area, encourage tourism
through preservation, enhancement and protection of historic, scenic
and recreational interest (Policy 4);
(c)
Retain and encourage the development of water-dependent uses
and facilities on or adjacent to coastal waters (Policy 2);
(d)
Ensure that development occurs where adequate public infrastructure
is available (Policy 5);
(e)
Expedite permit procedures (Policy 6);
(f)
Protect and preserve fish and wildlife habitats of local importance
and those which DOS has identified as significant from human disruption
and chemical contamination (Policies 7, 7A, 7B, 7C, and 8);
(g)
Maintain and expand the recreational use of existing fish and
wildlife resources (Policy 9);
(h)
Maintain, promote and expand commercial fishing opportunities
(Policy 10);
(i)
Minimize flooding and erosion hazards through proper siting
of buildings and structures; protection of natural protective features;
construction of carefully selected, long-term structural measures;
and the use of appropriate nonstructural means (Policies 11, 12, 13,
14, 15, and 17);
(j)
Public funds shall be used for erosion protection structures
only where necessary and in an appropriate manner (Policy 16);
(k)
Safeguard vital economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy 18);
(l)
Maintain and improve public access to the shoreline and to water-related
recreational resources, while protecting the environment and adjacent
land uses (Policies 19 and 20);
(m)
Encourage and facilitate water-dependent and water-enhanced
recreational resources and facilities near coastal waters (Policies
21, 21A and 21B);
(n)
Encourage the development of water-related recreational resources
and facilities, as multiple-uses, in appropriate locations within
the shore zone. (Policy 22);
(o)
Protect and enhance historic resources (Policy 23);
(p)
Protect and enhance scenic and aesthetic resources (Policies
24 and 25);
(q)
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 when in operation (Policy 27);
(r)
Undertake ice management practices to avoid adverse coastal
impacts (Policy 28);
(s)
Protect surface waters and groundwaters from direct and indirect
discharge of pollutants and from overuse (Policies 30, 31, 33, 34,
34A, 35, 36, 37 and 38);
(t)
Ensure that dredging and dredge spoil disposal are undertaken
in a manner protective of natural resources (Policies 15 and 35);
(u)
Ensure that any transportation, handling or disposal of hazardous
wastes and effluent is undertaken in a manner which will not adversely
affect the environment (Policies 39 and 40);
(v)
Protect air quality (Policies 41, 42, and 43); and
(w)
Preserve and protect freshwater wetlands (Policy 44).
(9)
Each agency shall maintain a file for each action made the subject
of a consistency determination, including any recommendations received
from the Coastal Consistency Review Board. Such files shall be made
available for public inspection upon request.
C.
Enforcement. No action within the City of Hudson coastal area which
is subject to review under this chapter shall proceed until a written
determination has been issued from a City agency that the action is
consistent with the City's LWRP policy standards. In the event that
an activity is being performed in violation of this law or any conditions
imposed thereunder, the Building Inspector or any other authorized
official of the City 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 City
Building Inspector, Attorney, Code Enforcement Officer and Police
Department shall be responsible for enforcing this chapter.
D.
Penalties for offenses.
(1)
A person who violates any of the provisions of or who fails
to comply with any condition imposed by this chapter shall have committed
a violation, punishable by a fine not exceeding $250 for a conviction
of a first offense and punishable by a fine of $500 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.
(2)
The City Attorney is authorized and directed to institute any
and all actions and proceedings necessary to enforce this section.
Any civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.
