This chapter will be known as the "Village of
Ossining Waterfront Consistency Review Law."
All private applicants and all boards, agencies,
departments, offices, other bodies or officers of the Village of Ossining
must comply with this chapter to the extent applicable, prior to carrying
out, approving or funding any Type I or unlisted actions, as those
terms are defined below (since the Ossining LWRP area is also a designated
Critical Environmental Area, all unlisted actions become Type I actions).
Type II, excluded or exempt actions, as defined in 6 NYCRR 617.2 (regulations
which implement the State Environmental Quality Review Act), are hereby
deemed consistent with the LWRP and do not require any further deliberation.
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:
A.
Projects or physical activities, such as construction
or other activities that 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 definite
course of future decisions.
C.
Adoption of 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.
BOARD
The Board of Trustees, the Planning Board or the Zoning Board
of Appeals of the Village of Ossining.
CERTIFICATE OF CONSISTENCY (COC)
The form used by the appropriate Board to certify that the
requested action is consistent with LWRP policy standards and conditions.
COASTAL AREA
That portion of New York State coastal waters and adjacent
shorelands as defined in Article 42 of the Executive Law, which are
located within boundaries of the Village of Ossining, as shown on
the Coastal Area map on file in the Office of the Secretary of State
and as delineated in the Village of Ossining Local Waterfront Revitalization
Program.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
CONSISTENT
The action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
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 Village
of Ossining, approved by the Secretary of State pursuant to the Waterfront
Revitalization and Coastal Resources Act (Executive Law, Article 42),
a copy of which is on file in the Office of the Clerk of the Village
of Ossining.
OTHER LOCAL AGENCY
Any board, agency, department, office, other body or any
officer of the Village of Ossining, with the exception of the Board
of Trustees, the Planning Board and the Zoning Board of Appeals.
PRIVATE APPLICANTS
Any applicants, other than a board, agency, department, office,
other body or officer of the Village of Ossining.
The responsible board and Environmental Advisory
Council shall coordinate the consistency determination process required
by this chapter with the environmental review process required by
SEQRA and 6 NYCRR Part 617, to the extent possible.
The Village Building Inspector shall be responsible for enforcing this chapter. No action in the coastal area which is subject to review under this chapter shall be commenced or undertaken until the Building Inspector has been presented with a written certificate of consistency from the responsible board. Such certificate must state that the action is consistent with the Village's LWRP policy standards and conditions in accordance with §
262-6 of this chapter. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed thereunder, the Building Inspector 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.
Where there is a conflict or discrepancy in
the application, interpretation or effect of the provisions of this
chapter with any other law, ordinance, rule, regulation or policy
of the Village, the provisions of this chapter shall govern.