This chapter shall be known as the "Village
of Pittsford Waterfront Consistency Law."
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.
A.
"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.
B.
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 state or local board or agency subject to the State Environmental
Quality Review Act (SEQRA) regulations (6 NYCRR Part 619).
[Amended 1-26-2023 by L.L. No. 1-2023]
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.
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.
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.