This chapter will be known as the "Town of Poughkeepsie
Waterfront Consistency Review Law."
All boards, departments, offices or other bodies
or officers of the Town of Poughkeepsie are responsible for the implementation
of the LWRP within the bounds of their jurisdiction and must comply
with this chapter, to the extent applicable, prior to carrying out,
approving or funding any action other than Type II, exempt or excluded
actions, as those terms are defined in Part 617 of Title 6 of the
Official Compilation of Codes, Rules and Regulations of the State
of New York.
As used in this chapter, the following terms
shall have the meanings indicated:
ACTIONS
Either Type I or unlisted actions as defined in SEQRA regulations
(6 NYCRR 617.2) which are undertaken by an agency and which include
the following activities. This chapter does not apply to Type II,
excluded or exempt actions, as defined in the SEQRA regulations (6
NYCRR 617.2).
A.
Projects or physical activities, such as construction,
or other activities which may affect the environment by changing the
use, appearance or condition of any natural resource or structure,
that:
(1)
Are directly undertaken by an agency;
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals
from an agency or agencies.
B.
Agency planning and policy-making activities
that may affect the environment and commit the agency to a course
of future decisions.
C.
Adoption of definite agency rules, regulations
and procedures, including local laws, codes, ordinances, executive
orders and resolutions, that may affect the environment.
D.
Any combinations of the above.
AGENCY
Any board, agency, department, office or other body or officer
of the Town of Poughkeepsie.
COASTAL ASSESSMENT FORM (CAF)
The form contained in Appendix A, used by an agency to assist
it in determining the consistency of an action with the Local Waterfront
Revitalization Program.
COASTAL AREA
The New York State coastal waters and adjacent shorelands
as defined in Article 42 of the Executive Law. The boundaries of the
Town's coastal area as shown on the Coastal Area Map on file in the
office of the Secretary of State and as delineated in the Town of
Poughkeepsie Local Waterfront Revitalization Program.
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 policy-making.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Town of
Poughkeepsie, as approved by the Secretary of State pursuant to the
Waterfront Revitalization of Coastal Areas and Inland Waterways Act
(Executive Law, Article 42), a copy of which is on file in the office
of the Town Clerk of the Town of Poughkeepsie.
Nothing in the above shall be deemed to change
existing jurisdiction of or between agencies or to require any agency
to take any particular action or to exchange existing rules of standing,
nor shall it be deemed to empower any Town agency to require the cession
of land or easements to the public unless such requirements are otherwise
authorized by law.
The provisions of this chapter are severable.
If any provision of this chapter is found invalid, such finding shall
not affect the validity of this chapter as a whole or any part or
provision hereof other than the provision so found to be invalid.
This chapter shall take effect immediately after
the following have both occurred:
A. Filing of the local law in the office of the Secretary
of State in accordance with § 27 of the Municipal Home Rule
Law.
B. Approval of the Town of Poughkeepsie LWRP by the Secretary
of State in accordance with Article 42 of the Executive Law of New
York State.