[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 11-18-1998 by L.L. No. 15-1998. Amendments noted
where applicable.]
This chapter will be known as the "Town of Poughkeepsie
Waterfront Consistency Review Law."
A.
This chapter is adopted under the authority of the
Municipal Home Rule Law and the Waterfront Revitalization of Coastal
Areas and Inland Waterways Act (Article 42 of the Executive Law).
B.
This chapter is intended to provide a framework for
agencies of the Town of Poughkeepsie to consider the policies and
purposes contained in the Local Waterfront Revitalization Program
(LWRP) when reviewing applications for actions and also when considering
undertaking direct agency actions; and to assure to the maximum extent
practicable that such actions are consistent with the said policies
and purposes.
C.
It is the intention of the Town of Poughkeepsie that
the preservation, enhancement and utilization of the natural and man-made
resources of the Town's unique coastal area take place in a coordinated
and comprehensive manner to ensure a proper balance between natural
resources and the need to accommodate population growth and economic
development. Accordingly, it is the purpose of this chapter to achieve
such a balance, permitting the beneficial use of coastal resources
while preventing loss of living marine resources and wildlife; diminution
of open space areas or public access to the waterfront; shoreline
erosion; impairment of scenic beauty; losses due to flooding, erosion
and sedimentation; or permanent adverse changes to ecological systems.
D.
The substantive provisions of this chapter shall apply
only while there is in existence a Local Waterfront Revitalization
Program which has been adopted in accordance with Article 42 of the
Executive Law of the State of New York.
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:
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).
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:
Agency planning and policy-making activities
that may affect the environment and commit the agency to a course
of future decisions.
Adoption of definite agency rules, regulations
and procedures, including local laws, codes, ordinances, executive
orders and resolutions, that may affect the environment.
Any combinations of the above.
Any board, agency, department, office or other body or officer
of the Town of Poughkeepsie.
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.[1]
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.
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.
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.
[1]
Editor's Note: Copies of Appendix A and this
program are on file in the office of the Town Clerk.
A.
Each agency of the Town shall be responsible for making
its own consistency determinations.
B.
Where more than one local agency is involved in reviewing a proposed action, the lead agency (as that term is defined in the SEQRA regulations) shall be responsible for making a determination that the proposed action is consistent with the LWRP policy standards and conditions set forth in § 205-6 herein.
C.
The consistency determination process required by
this chapter shall be coordinated with the environmental review process
set forth in SEQRA to the greatest extent possible.
D.
Whenever an agency receives an application for approval
or funding for an action or as early as possible in the agency's formulation
of a direct action to be located in the Coastal 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 process.
E.
The lead agency shall make the determination of consistency based upon the CAF, the SEQRA documents, the application and project documentation and such other information as is deemed to be necessary in its determination. Said agency 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 a manner consistent with the LWRP policy standards and conditions set forth in § 205-6 herein. These standards are derived from and further explained in Sections III and IV of the Town of Poughkeepsie LWRP.
F.
The application for a consistency determination shall
not be considered complete until a negative declaration has been issued
or a final environmental impact statement (FEIS) has been filed by
the lead agency.
G.
The consistency determination may be made at the time
that SEQRA findings are issued by the agency.
A.
Actions to be undertaken within the Town's coastal
area shall be evaluated for consistency in accordance with the following
LWRP policy standards and conditions, which are derived from and further
explained and described in Section III of the Town of Poughkeepsie
LWRP, a copy of which is on file in the Town Clerk's office and available
for inspection during normal business hours. Agencies which undertake
direct actions shall also consult with Section IV of the LWRP in making
their consistency determination. The action shall be consistent with
the policy to:
(1)
Restore, revitalize and redevelop deteriorated and
underutilized waterfront areas for commercial, industrial, cultural,
recreational and other compatible uses (Policy 1).
(2)
Facilitate the siting of water-dependent uses on or
near coastal waters and preserve and retain existing water-dependent
uses (Policies 2 and 2A).
(3)
Expedite permit procedures in order to facilitate
the siting of development activities at suitable locations (Policy
6).
(4)
Protect, preserve and restore fish and wildlife resources
and their habitats (Policies 7 and 8).
(5)
Expand the recreational use of existing fish and wildlife
resources and the use of commercial fishing resources (Policy 9).
(6)
Minimize flooding and erosion hazards through proper
siting of buildings and structures; construction of carefully selected
long-term structural measures; and the use of appropriate nonstructural
means (Policies 11, 14 and 17).
(7)
Public funds shall be used for erosion protection
structures only where necessary and in an appropriate manner (Policy
16).
(8)
Safeguard vital economic, social and environmental
interests in the coastal area when major actions are undertaken (Policy
18).
(9)
Protect, maintain and increase public access to the
shoreline and to water-related recreational resources, while protecting
natural and historic resources and adjacent land uses (Policy 19).
(10)
Provide access to the publicly-owned foreshore and
to public lands immediately adjacent to the water's edge in a manner
compatible with adjoining uses and retain such land in public ownership
(Policy 20).
(11)
Water-dependent and water-enhanced recreation shall
be encouraged and facilitated and shall be given priority over non-water-related
uses along the coast, provided that it is consistent with the preservation
and enhancement of other coastal resources and takes into account
demand for such facilities (Policy 21).
(12)
The development of public access to water-related
recreation facilities at Bowdoin Park, Hudson River Psychiatric Center
and Marist College waterfronts shall be a high priority (Policy 21A).
(13)
Encourage the development of water-related recreational
resources and facilities, as multiple uses, in appropriate locations
(Policy 22).
(14)
Protect, restore and enhance significant historic
resources (Policy 23).
(15)
Prevent impairment of identified scenic resources
of statewide significance (Policy 24).
(16)
Protect, restore and enhance other natural and man-made
resources which contribute to the scenic quality of the coastal area
(Policy 25).
(17)
Site and construct energy facilities contingent upon
a shorefront location in a manner which will be compatible with the
environment and to avoid adverse environmental impacts when in operation
(Policies 27 and 40).
(18)
Undertake ice-management practices in a manner which
will avoid adverse impacts (Policy 28).
(19)
Protect coastal waters from direct and indirect discharge
of pollutants (Policies 30, 31, 32, 33, 34, 36 and 37).
(20)
Ensure that dredging and dredge spoil disposal are
undertaken in a manner protective of natural resources (Policies 15
and 35).
(21)
Protect and conserve the quality and quantity of surface
water and groundwater supplies and prohibit actions which cause the
salt front in the Hudson River to move northward (Policies 38 and
38A).
(22)
Ensure that any transportation, handling or disposal
of hazardous wastes and effluent is undertaken in a manner which will
not adversely affect the environment (Policy 39).
(23)
Prevent violation of air quality standards (Policy
41).
(24)
Preserve and protect tidal and freshwater wetlands
(Policy 44).
B.
If the agency determines that the action would not
be consistent with one or more of the LWRP policy standards and conditions,
such action shall not be undertaken unless the agency makes a written
finding with respect to the proposed action that:
(1)
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;
(2)
The action would be undertaken in a manner which will
minimize all adverse effects on such LWRP policy standards and conditions
to the maximum extent practicable;
(3)
The action will advance one or more of the other LWRP
policy standards and conditions; and
(4)
The action will result in an overriding Town-wide,
regional or state-wide public benefit.
|
Such a finding shall constitute a determination
that the action is consistent with the LWRP policy standards and conditions.
|
C.
Each agency shall maintain a file for each action
made the subject of a consistency determination, including any recommendations
received. Such files shall be made available for public inspection
upon request.
A.
No work or activity on a project in the coastal area
which is subject to review under this chapter shall be commenced or
undertaken until the lead agency has made a positive consistency determination.
B.
In the event of a violation of this chapter, the Building
Inspector is authorized to issue a stop-work order, and all work shall
immediately cease.
C.
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 $500
for a conviction of a first offense and punishable by a fine of $1,000
for a conviction of a second or subsequent offense. For the purpose
of conferring jurisdiction upon courts and judicial officers, each
week of continuing violation shall constitute a separate additional
violation.
D.
The Town of Poughkeepsie may also enforce this chapter
by obtaining an injunction or other civil proceeding. Any civil penalty
shall be in addition to and not in lieu of any criminal prosecution
and penalty.
A.
As chief implementation and consistency agency of
the Town for the purpose of the LWRP, and as the legislative body
of the Town, the Town Board will review the LWRP and the Town's zoning
and other land use regulations, from time to time as it deems appropriate,
and may determine, from time to time, to amend, modify or change one
or more of the above policies, laws or regulations.
B.
The Town Board will evaluate in timely fashion a proposed
action of a state agency within the coastal zone in order to assure
consistency of such actions with policies of the LWRP.
C.
The Town Board will evaluate in timely fashion a proposed
federal action within the Coastal Zone in order to assure consistency
of such actions with policies of the LWRP.
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:
