Village of Pittsford, NY Local Waterfront Consistency

This chapter is adopted under the authority of the Municipal Home Rule Law and the Waterfront Act of the State of New York (Article 42 of the Executive Law).

The purpose of this chapter is to provide a framework for agencies of the Village of Pittsford to consider the policies and purposes of the Local Waterfront Revitalization Program-Town and Village of Pittsford when reviewing applications for actions or direct agency actions located in the coastal area and to ensure that such actions and direct actions are consistent with said policies and purposes.

It is the intention of the Village of Pittsford that the preservation, enhancement and utilization of the natural and man-made resources of the coastal area of the village take place in a coordinated and comprehensive manner to ensure a proper balance between resources and the need to accommodate population growth, economic development and attract the traveling public. Accordingly, this chapter is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing loss of fish and wildlife; diminution of designated open space areas or public access to the waterfront; erosion of the shoreline; impairment of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems.

The substantive provisions of this chapter shall apply only while there is in existence a Local Waterfront Revitalization Program-Town and Village of Pittsford which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.

§ 121-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACTIONS

Either Type I or unlisted actions, as defined in the State Environmental Quality Review Act (SEQRA) regulations (6 NYCRR Part 617), which are undertaken by an agency.

"Actions" include:

(1)

Projects or physical activities, such as construction or other activities, that may affect the environment by changing the use, appearance or condition any natural resource or structure, that:

(a)

Are directly undertaken by an agency; or

(b)

Involve funding by an agency; or

(c)

Require one or more new or modified approvals from an agency or agencies.

(2)

Agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions.

(3)

Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment.

(4)

Any proposed action within the village's jurisdiction relative to the Local Waterfront Revitalization Program-Town and Village of Pittsford boundary that requires site plan review and approval by the Village of Pittsford Planning Board.

(5)

Any combination of the above.

This chapter does not apply to Type II, excluded or exempt actions as defined in the State Environmental Quality Review Act (SEQRA) regulations (6 NYCRR Part 617).

AGENCY

Any board, agency, department, office, other body or officer of the Village of Pittsford.

COASTAL AREA

That portion of the New York State coastal waters and adjacent shorelands, as defined in Article 42 of the Executive Law of the State of New York, which is located within the boundaries of the Village of Pittsford, as shown on the Coastal Area Map on file in the office of the New York State Secretary of State and as delineated in the Local Waterfront Revitalization Program-Town and Village of Pittsford.

COASTAL ASSESSMENT FORM

The form used by an agency to assist it in determining the consistency of an action within the limits of the Local Waterfront Revitalization Program-Town and Village of Pittsford.

CONSISTENT

That an action will fully comply with the policy standards and conditions contained in Section III of the Local Waterfront Revitalization Program-Town and Village of Pittsford (LWRP) and, whenever practicable, advance one or more of them; and consider the design guidelines contained in Section V of the LWRP.

DIRECT ACTIONS

Actions planned and proposed for implementation by an agency, such as but not limited to a capital project, rule making, procedure making and policymaking.

LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)

The Local Waterfront Revitalization Program-Town and Village of Pittsford, approved by the New York State Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a copy of which is on file in the office of the Clerk of the Village of Pittsford.

PLANNING BOARD

The Planning Board of the Village of Pittsford.

§ 121-4 Authority of Planning Board to review actions.

The Planning Board is hereby authorized to review and make all determinations regarding the consistency of proposed actions with the Local Waterfront Revitalization Program-Town and Village of Pittsford policy standards and conditions and the LWRP design guidelines.

§ 121-5 Review of actions.

Whenever a proposed action is located, in whole or in part, within the village's waterfront area, an agency shall, prior to approving, funding or undertaking the action, refer to and receive from the Village of Pittsford Planning Board, a determination from the Planning Board that the action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein (unless a determination from the Planning Board is not forthcoming as stipulated in Subsection E).

Whenever an agency receives an application for approval or funding of an action, as early as possible in the agency's formulation of a direct action to be located in whole or in part in the village's waterfront area, the applicant or, in the case of a direct action, the agency shall prepare a coastal assessment form (CAF) to assist with the consistency review of the proposed action.

The agency shall refer a copy of the completed CAF to the Village Planning Board within 10 days of its submission and prior to approving, funding or undertaking the action and shall consider the determination of the Planning Board with reference to the consistency of the proposed action to the LWRP.

After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions as set forth in Subsection G herein. The Planning Board shall require the applicant to submit all completed applications, CAF's and any other information deemed necessary to its consistency review and determination.

The Planning Board shall render its written consistency determination to the agency within 60 days following referral of the CAF from the agency, unless extended by the mutual agreement of the Planning Board and the applicant or, in the case of a direct action, the agency. The consistency determination shall indicate whether, in the opinion of the Planning Board, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and conditions or design guidelines and shall elaborate, in writing, the basis for its determination.

(1)

The Planning Board shall, along with its consistency determination, make any suggestions to the agency concerning modification of the proposed action to make it consistent with the LWRP policy standards and conditions, design guidelines or to greater advance them.

(2)

In the event that the Planning Board's consistency determination is not forthcoming within the specified time, the referring agency shall provide written notification to the Planning Board regarding assumption of the consistency review and make its own consistency decision without benefit of the Planning Board's determination.

The Planning Board (or agency, in a case when the Planning Board's determination is not forthcoming within the time period specified in Subsection E) make the determination of consistency based on the CAF and such other information as deemed necessary to make its determination. The Planning Board shall issue its determination within 60 days following receipt of the complete application and CAF or submission by the applicant of any additional required information. The Planning Board (or agency, in a case when the Planning Board's determination is not forthcoming within the time period specified in Subsection E) shall have the authority, in its finding of consistency, to impose practicable and reasonable conditions on an action to ensure that it is carried out in accordance with this chapter.

Actions undertaken within the Village of Pittsford's jurisdiction relative to the waterfront planning area shall be evaluated for consistency with the following policy standards and conditions, and design guidelines, which are derived from and further explained and described in Sections III and V of the Local Waterfront Revitalization Program-Town and Village of Pittsford, a copy of which is on file in the office of the Village Clerk and available for inspection during normal business hours. Agencies which undertake a direct action shall also consult Section IV of the LWRP in making their consistency determination. The action shall be consistent with the policy to:

(1)

Foster a pattern of development in the LWRP area that incorporates the design guidelines contained in Section V of the LWRP and which enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of the waterfront location and minimizes adverse effects of development (LWRP Policy 1), takes advantage of the community's location on the canal to provide amenities for residents and visitors and guides future development so that it complements, not competes with or detracts from, the historic village.

(2)

Protect water-dependent uses, promote siting of new water-dependent uses in suitable location and support efficient harbor operation (LWRP Policy 2).

(3)

Protect existing agricultural lands within the LWRP area (LWRP Policy 3).

(4)

Promote sustainable uses of living marine resources in coastal waters (LWRP Policy 4).

(5)

Protect and restore ecological resources, including significant fish and wildlife habitats, wetlands and rare ecological communities (LWRP Policy 5).

(6)

Protect and improve water resources (LWRP Policy 6).

(7)

Minimize loss of life, structures and natural resources from flooding and erosion (LWRP Policy 7).

(8)

Protect and improve air quality in the LWRP area (LWRP policy 8).

(9)

Minimize environmental degradation in the LWRP area from solid waste and hazardous substances (LWRP Policy 10).

(10)

Provide for public access to, and recreational use of, coastal waters, public lands and public resources of the LWRP area (LWRP Policy 11).

(11)

Enhance visual quality and protect outstanding scenic resources (LWRP Policy 12).

(12)

Preserve historic resources of the LWRP area (LWRP Policy 13).

(13)

All actions must conform to the State Environmental Quality Review Act (SEQRA) regulations (6 NYCRR Part 617).

(14)

All actions must adhere to village protective measures for environmental resource preservation (Pittsford Environmental Guidebook and the Greenprint for Pittsford's Future).

(15)

Perform dredging and disposal of dredge spoil materials in a manner which is protective of natural resources.

Planning Board findings.

(1)

If the Planning Board (or agency, in a case when the Planning Board's determination is not forthcoming within the time period specified in Subsection E), determines that the action would not be consistent with one or more of the LWRP policy standards and conditions, and design guidelines, such action shall not be undertaken unless the Planning Board or agency makes a written finding with respect to the proposed action that:

(a)

No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions and design guidelines.

(b)

The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions and design guidelines.

(c)

The action will advance one or more of the other LWRP policy standards and conditions and design guidelines.

(d)

The action will result in an overriding village, regional or statewide public benefit.

(2)

Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions and design guidelines.

The Planning Board and, if applicable, each agency shall maintain a file for each action made the subject of a consistency determination. Such files shall be made available for public inspection upon request.

§ 121-6 Enforcement; stop-work orders.

The Village Building Inspector shall be responsible for the enforcement of this chapter. No work or activity on any project in the waterfront area which is subject to review under this chapter shall be commenced or undertaken until the Director of Public Works has been presented with a written determination from the Planning Board or agency that the action is consistent with the LWRP policy standards and conditions and design guidelines. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed thereunder, the Director of Public Works 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 the stop-work order is in effect.

§ 121-7 Penalties for offenses.

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 not exceeding $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 offense.

The Village Attorney 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 criminal prosecution and penalty. The village may also enforce this chapter by injunction or other civil proceeding.