[HISTORY: Adopted by the Common Council of
the City of Peekskill 1-26-2004 by L.L. No. 2-2004 (Ch. 199 of the 1984 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 202.
Environmental quality review — See Ch. 267.
Flood damage prevention — See Ch. 287.
Freshwater wetlands — See Ch. 294.
Stormwater management and erosion control — See Ch. 492.
Streams and watercourses — See Ch. 497.
Subdivision of Land — See Ch. 510.
Zoning — See Ch. 575.
The chapter will be known as the "City of Peekskill
Local Waterfront Revitalization Program (LWRP) Consistency Law."
A.
This chapter is adopted under the Municipal Home Rule
Law and the Waterfront Revitalization and Coastal Resources Act of
the State of New York (Article 42 of the Executive Law).
B.
The purpose of this chapter is to:
(1)
Implement consistency review regulations and procedures
for the City of Peekskill Local Waterfront Revitalization Program
(LWRP).
(2)
Provide agencies of the City of Peekskill with a framework
to consider the policies and purposes contained in the LWRP when reviewing
private applications for actions or direct agency actions located
within the LWRP boundaries which are:
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"Beginning at a point where the City of Peekskill/Town
of Cortlandt boundary intersects with the mean high water line of
the Hudson River, generally northeasterly along the City/Town boundary
to where the City/Town boundary intersects with a line along the southeast
bank of Peekskill Hollow Brook along the line of the 100-year flood
or 100 feet back from the bank, whichever is greater; then downstream
on a similar line on the other side to Union Church/Annsville Road
to its intersection with Highland Avenue; then southeasterly on Highland
Avenue to the Bear Mountain Parkway to the westernmost exit on Highland
Avenue to the intersection of Highland Avenue and Pemart Avenue; then
west along Pemart Avenue to Nelson Avenue; then south on Nelson Avenue
to Phoenix Avenue; then west on Phoenix Avenue to Decatur Street;
then south on Decatur Street to Paulding Street; then west on Paulding
Street (Belden Street) to St. Mary's Street; then south on St. Mary's
Street to John Street; then east on John Street to Spring Street;
then south on Spring Street to Main Street; then easterly on Main
Street to Nelson Avenue; then southerly on Nelson Avenue to South
Street; then westerly and southwesterly along South Street and the
South Street exit of US Route 9 to US Route 9; then southerly on US
Route 9 to the southern boundary of the City of Peekskill; then generally
northwesterly along the City of Peekskill/Town of Cortlandt boundary
to a point where the City/Town boundary intersects with the mean high
water line of the Hudson River.
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The waterside boundary begins at a point where
the City of Peekskill/Town of Cortlandt boundary intersects with the
mean high water line of the Hudson River then northwest to the centerline
of the Hudson River; then northerly along the centerline of the River
that coincides with the Westchester County/Rockland County boundary
to a point where the northern boundary of the City of Peekskill intersects
the centerline of the Hudson River; then northeast to a point where
the City of Peekskill/Town of Cortlandt boundary intersects the mean
high water line of the Hudson River."
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(3)
Assure that proposed private and direct actions are
consistent with the said policies and purposes of the LWRP.
C.
It is the intention of the City of Peekskill that
the preservation, enhancement, and utilization of the natural and
man-made resources of the unique coastal area of the City of Peekskill
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, this chapter is intended
to achieve such a balance permitting the beneficial use of coastal
resources while preventing loss of living coastal resources; diminution
of open space area or public access to the waterfront; erosion of
shoreline; 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
while there is in existence a City of Peekskill Local Waterfront Revitalization
Program which has been adopted in accordance with Article 42 of the
Executive Law of the State of New York.
All private applicants and all boards, commissions,
agencies, departments, offices, other bodies or officers of the City
of Peekskill must comply with this chapter to the extent applicable,
prior to carrying out, approving, or finding any Type I or unlisted
action as those terms are defined below. Type II, excluded or exempt
actions as defined in 6 NYCRR Section 617.2 are hereby deemed consistent
with the LWRP and do not require any further deliberation.
As used in this article, the following terms
shall have these meanings, as indicated:
Either Type I or unlisted actions as defined in SEQRA Regulations
which are undertaken by an agency and which include:
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:
Agency planning and policy-making activities
that may affect the environment and commit the agency to a definite
course of future decisions;
Adoption of agency rules, regulations and procedures,
including local laws, codes, ordinances, executive orders and resolutions
that may affect the environment; and
Any combinations of the above.
Any department, board, commission, council, or other agency
of the City of Peekskill which has jurisdiction by law to approve
or directly undertake a given action.
A notice prepared by the Department of Planning, Development
and Code Assistance or other appropriate agency and filed with the
Clerk of the City of Peekskill, which notice shall contain:
A statement specifying whether the proposed
action is or is not consistent to the maximum extent practicable with
the policies of the LWRP; and
A brief statement and precise description of
the nature, extent and location of the action; and
A brief statement of the reasons supporting
the determination.
The City of Peekskill.
The Common Council of the City of Peekskill.
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
That the action will fully comply with the LWRP policy standards
and conditions, and whenever practicable, will advance one or more
of them.
Actions planned and proposed for implementation by an agency,
such as, but not limited to a capital project, rule making, procedures
making and policy making.
Environmental assessment form.
Environmental impact statement.
An action which was undertaken, funded or approved prior
to the effective dates set forth in SEQRA.
Any one of the following:
Enforcement or criminal proceedings or the exercise
of prosecutorial discretion in determining whether or not to institute
such proceedings;
A ministerial act which means an action performed
upon a given state of facts in a prescribed manner imposed by law
without the exercise of any judgment or discretion as to the propriety
of the action, such as the granting of a driver's license, although
such law may require, to a limited degree, a construction of its language
or intent;
Maintenance or repair involving no substantial
changes in an existing structure or facility; and
With respect to the requirements of Subdivision
2 of § 8-0109 of SEQRA, actions requiring a certificate
of environmental compatibility and public need under Article VII or
VIII of the Public Service Law and the consideration of, granting
or denial of any such certificate.
An agency principally responsible for carrying out, funding,
or approving an action and therefore responsible for determining whether
an EIS is required in connection with the action and for causing the
preparation and filing of the EIS if one is required.
Coastal area which means a portion of the New York State
coastal waters and adjacent shore lands as defined Article 42 of the
Executive Law which is located within boundaries of the City of Peekskill,
as shown on the Coastal Area Map on file in the Office of the Secretary
of State and as delineated in the City of Peekskill Local Waterfront
Revitalization Program.
The City of Peekskill Local Waterfront Revitalization Program,
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 on the Office of the Clerk of the City of Peekskill.
A.
Responsibility for determining the consistency of
actions:
(1)
Common Council determines consistency with the LWRP
of:
(2)
Planning Commission determines consistency with the
LWRP of those actions which require Planning Commission approval,
including special permits, site plans and subdivision plans for proposed
developments.
(3)
Zoning Board of Appeals determines consistency with
the LWRP of those actions which require Zoning Board of Appeals approval,
including use and area variances.
(4)
Other local agencies refer actions to be reviewed
for LWRP consistency, along with coastal assessment forms, to the
Common Council.
B.
Commencement of review. Each agency proposing to review
or undertake a Type I or unlisted action in the Local Waterfront Area
shall prepare or shall cause an applicant to prepare a coastal assessment
form (CAF). The agency shall refer, within 10 days, the CAF and other
pertinent information for the action to the City of Peekskill Department
of Planning, Development, and Code Assistance (DPDCA) for review and
recommendations regarding the action's consistency with policies and
purpose of the LWRP. The DPDCA shall complete its review of the proposed
action's consistency and prepare a written recommendation to the referring
agency within 30 days of the referral date.
C.
Determination of consistency.
(1)
Prior to a City Agency's undertaking or approving
a proposed Type I or unlisted action in the Local Waterfront Area,
the DPDCA shall either:
(a)
Find and certify in writing that the action
will not substantially hinder the achievement of any of the policies
and purposes of the LWRP; or
(b)
If the action will substantially hinder the
achievements of any policies and purposes of the LWRP, such action
shall not be undertaken unless the DPDCA shall instead find and certify
that the following three requirements are satisfied:
[1]
No reasonable alternatives exist which would
permit that action to be taken in a manner which would not substantially
hinder the achievement of such policy or purpose;
[2]
The action taken would minimize all adverse
effects on the local policy and purpose to the maximum extent practicable;
and
[3]
The action will result in an overriding public
benefit.
(2)
Such certification shall constitute a determination
that the action is consistent to the maximum extent practicable with
the LWRP.
(3)
Such certification that a project is consistent to
the maximum extent practicable with the policies and purposes of the
LWRP shall be made only:
(a)
Following a determination pursuant to Section 6 or 7 of Part 617 that the proposed action will not have any significant adverse environmental impacts; and, if referred to the Department of Planning, Development and Code Assistance for review and recommendation pursuant to Subsection B, either upon receipt of such recommendation in writing or after the lapse of 30 days for the recommendations; or
(b)
As part of the findings prepared by that City
agency pursuant to Section 9 of part 617, if the proposed action has
been determined to have significant adverse environmental impacts
and made subject to the environmental impact statement (EIS) procedures
of Section 8 of Part 617; or
(c)
Where certification is made as part of findings prepared pursuant to NYCRR 617.9 [i.e., where Subsection C(3)(b) applies] it shall be filed with the SEQRA findings of that section. Otherwise it shall be filed with the City Clerk before the action is taken. Such files shall be made available for public inspection upon request.
[Amended 12-14-2015 by L.L. No. 13-2015]
A.
Actions to be undertaken shall be evaluated for consistency in accordance
with the following LWRP policy standards and conditions, which is
on file in the City Clerk's office and available for inspection
during normal business hours. In the case of direct actions, the responsible
board shall also consult with Section III of the LWRP in making its
consistency determination. The action shall be consistent with the
following policies:
(1)
Policy 1: Restore, revitalize, and redevelop deteriorated and underutilized
waterfront areas for commercial, industrial, cultural, recreational,
and other compatible uses.
(2)
Policy 1a: Promote a physical, economic and cultural link along Central
Avenue between the Central Business District (CBD) and the Hudson
River, by encouraging infill development, landscaping, facade improvements,
lighting, wayfinding signage and the development of attractive pedestrian
ways and publicly oriented space.
(3)
Policy 1b: Promote the continued redevelopment of the southern planning
area with a mix of destination retail, commercial, office, light industrial
and entertainment uses, and where feasible, with water-dependent and
water-enhanced uses for parcels abutting the Hudson River.
(4)
Policy 1c: Encourage redevelopment and building renovations of the
St. Mary's property for residential and other complementary uses.
(5)
Policy 1d: Facilitate mixed-use development in the central planning
area that promotes economic development while preserving the waterfront
district's character.
(6)
Policy 2: Facilitate the siting of water-dependent uses and facilities
on or adjacent to coastal waters.
(7)
Policy 2a: Water-dependent uses will be encouraged on parcels abutting
the Hudson River. The location of water-enhanced or non-water-dependent
uses on waterfront parcels will be encouraged if a water-dependent
use, such as a public walkway, pier or marina, is existing or included
in the proposed development.
(8)
Policy 5: Encourage the location of development in areas where public
services and facilities essential to such development are adequate,
except when such development has special functional requirements or
other characteristics which necessitates its location in other coastal
areas.
(9)
Policy 6: Expedite permit procedures in order to facilitate the siting
of development activities at suitable locations.
(10)
Policy 7: Significant coastal fish and wildlife habitats, as identified
on the Coastal Area Map, shall be protected, preserved, and, where
practical, restored so as to maintain their viability as habitats.
(11)
Policy 7a: Fish and wildlife habitats of local importance are of
value to the City and its natural resource inventory and shall be
protected, preserved and, where practical, restored so as to maintain
their viability.
(12)
Policy 8: Protect fish and wildlife resources in the coastal area
from the introduction of hazardous wastes and other pollutants which
bio-accumulate in the food chain or which cause significant sub-lethal
or lethal effect on those resources.
(13)
Policy 9: Expand recreational use of fish and wildlife resources
in coastal areas by increasing access to existing resources, supplementing
existing stocks, and developing new resources. Such efforts shall
be made in a manner that ensures the protection of renewable fish
and wildlife resources and considers other activities dependent on
them.
(14)
Policy 10: Further develop commercial finfish, shellfish, and crustacean
resources in the coastal area by encouraging the construction of new,
or improvement of existing on-shore commercial fishing facilities,
increasing marketing of the state's seafood products, maintaining
adequate stocks, and expanding aquaculture facilities.
(15)
Policy 11: Buildings and other structures will be sited in the coastal
area so as to minimize damage to property and the endangering of human
lives caused by flooding and erosion.
(16)
Policy 12: Activities or development in the coastal area will be
undertaken so as to minimize damage to natural resources and property
from flooding and erosion by protecting natural protective features
including beaches, dunes, barrier islands and bluffs. Primary dunes
will be protected from all encroachments that could impair their natural
protective capacity.
(17)
Policy 13: The construction or reconstruction of erosion protection
structures shall be undertaken only if they have a reasonable probability
of controlling erosion for at least 30 years as demonstrated in design
and construction standards and/or assured maintenance or replacement
programs.
(18)
Policy 14: Activities and development including the construction
or reconstruction of erosion protection structures shall be undertaken
so that there will be no measurable increase in erosion or flooding
at the site of such activities or development, or at other locations.
(19)
Policy 15: Mining, excavation or dredging in coastal waters shall
not significantly interfere with the natural coastal processes which
supply beach materials to land adjacent to such waters and shall be
undertaken in a manner which will not cause an increase in erosion
of such land.
(20)
Policy 16: Public funds shall only be used for erosion protective
structures where necessary to protect human life, and new development
which requires a location within or adjacent to an erosion hazard
area to be able to function, or existing development; and only where
the public benefits outweigh the long-term monetary and other costs
including the potential for increasing erosion and adverse effects
on natural protective features.
(21)
Policy 17: Whenever possible, use nonstructural measures to minimize
damage to natural resources and property from flooding and erosion.
Such nonstructural measures shall include: (I) the set back of buildings
and structures outside the flood hazard area; (II) the planting of
vegetation and the installation of sand fencing; (III) the reshaping
of bluffs; and (IV) the flood-proofing of buildings or their elevation
above the base flood level.
(22)
Policy 18: To safeguard the vital economic, social and environmental
interests of the state and of its citizens, proposed major actions
in the coastal area must give full consideration to those interests,
and to the safeguards which the state has established to protect valuable
coastal resource areas.
(23)
Policy 19: Protect, maintain, and increase the level and types of
access to public water-related recreation resources and facilities
so that these resources and facilities may be fully utilized in accordance
with reasonably anticipated public recreation needs and the protection
of historic and natural resources. In providing such access, priority
shall be given to public beaches, boating facilities, fishing areas
and waterfront parks.
(24)
Policy 19a: Improve pedestrian (waterfront walkways) and vehicular
access to Riverfront Green, and the Travis Point area and waterborne
and pedestrian access to the Annsville Creek area as appropriate.
Also, improve Central Avenue as a link between the waterfront and
the Central Business District.
(25)
Policy 19b: New structures shall not significantly decrease public
access to the water. New structures shall not infringe upon existing
public access points leading to the water in a manner that will decrease
public awareness of said access points.
(26)
Policy 19c: Efforts to increase public access will be carefully considered
during site plan review and special use permit review for all properties
in the coastal zone. These efforts shall include, but not be limited
to, the provision of trails and easements for future access connecting
to existing and future components in the City's trail system.
(27)
Policy 20: Access to the publicly owned foreshore and to lands immediately
adjacent to the foreshore or the water's edge that are publicly
owned shall be provided, and it should be provided in a manner compatible
with adjoining uses. Such lands shall be retained in public ownership.
(28)
Policy 21: Water-dependent and water-enhanced recreation will be
encouraged and facilitated, and will be given priority over non-water-related
uses along the coast, provided it is consistent with the preservation
and enhancement of other coastal resources and takes into account
demand for such facilities. In facilitating such activities, priority
shall be given to areas where access to the recreation opportunities
of the coast can be provided by new or existing transportation services
and to those areas where the use of the shore is severely restricted
by existing development.
(29)
Policy 22: Development, when located adjacent to the shore, will
provide for water-related recreation, whenever such recreational use
is appropriate in light of reasonably anticipated demand for such
activities and the primary purpose of the development.
(30)
Policy 23: Protect, enhance and restore structures, districts, areas
or sites that are of significance in the history, architecture, archeology
or culture of the state, its communities, or the nation.
(31)
Policy 24: Prevent impairment of scenic resources of statewide significance,
as identified on the Coastal Area Map. Impairment shall include: the
irreversible modification of geologic forms, vegetation, or structures,
whenever they are significant to the scenic quality of an identified
resource; and the addition of structures that because of siting or
scale will significantly reduce identified views or which because
of scale, form, or materials, will significantly diminish the scenic
quality of an identified resource, such as the Hudson Highlands Scenic
Area of Statewide Significance.
(32)
Policy 25: Protect, restore or enhance natural and man-made resources
which are not identified as being of statewide significance, but which
contribute to the overall scenic quality of the coastal area.
(33)
Policy 27: Decisions on the siting and construction of major energy
facilities in the coastal area will be based on public energy needs,
compatibility of such facilities with the environment, and the facility's
need for a shorefront location.
(34)
Policy 27a: Decisions on the siting and construction of major regional
water-dependent energy facilities in the Peekskill Coastal Area must
evaluate the potential cumulative impacts associated with preexisting
facilities such as Indian Point Nuclear Power Plant located in the
Village of Buchanan, and the Bowline Plant located in the Town of
Haverstraw.
(35)
Policy 28: Ice management practices shall not damage significant
fish and wildlife and their habitats, increase shoreline erosion or
flooding, or interfere with the production of hydroelectric power.
(36)
Policy 30: Municipal, industrial, and commercial discharge of pollutants,
including, but not limited to, toxic and hazardous substances, into
coastal waters will conform to state and national water quality standards.
(37)
Policy 31: State coastal area policies and purposes of approved local
waterfront revitalization programs will be considered while reviewing
coastal water classifications and while modifying water quality standards;
however, those waters already overburdened with contaminants will
be recognized as being a development constraint.
(38)
Policy 33: Best management practices will be used to ensure the control
of stormwater runoff and combined sewer overflows draining into coastal
waters.
(39)
Policy 34: Discharge of waste materials into coastal waters from
vessels will be limited so as to protect significant fish and wildlife
habitats, recreational areas and water supply areas.
(40)
Policy 34a: Pump-out facilities will be required in all new or expanded
marina development in order to minimize or eliminate the discharge
into the Hudson River of sewage from the growing boat population at
the Peekskill waterfront.
(41)
Policy 35: Dredging and dredge spoil disposal in coastal waters will
be undertaken in a manner that meets existing state dredging permit
requirements, and protects significant fish and wildlife habitats,
scenic resources, natural protective features, important agricultural
lands and wetlands.
(42)
Policy 36: Activities related to the shipment and storage of petroleum
and other hazardous materials will be conducted in a manner that will
prevent or at least minimize spills into coastal waters; all practicable
efforts will be undertaken to expedite the cleanup of such discharges;
and restitution for damages will be required when these spills occur.
(43)
Policy 37: Best management practices will be utilized to minimize
the non-point discharge of excess nutrients, organics and eroded soils
into coastal waters.
(44)
Policy 38: The quality and quantity of surface water and groundwater
supplies will be conserved and protected, particularly where such
waters constitute the primary or sole source of water supply.
(45)
Policy 39: The transport, storage, treatment and disposal of solid
wastes, particularly hazardous wastes, within coastal areas will be
conducted in such a manner so as to protect groundwater and surface
water supplies, significant fish and wildlife habitats, recreation
areas, important agricultural lands and scenic resources.
(46)
Policy 40: Effluent discharged from major steam electric generating
and industrial facilities into coastal waters will not be unduly injurious
to fish and wildlife and shall conform to state water quality standards.
(47)
Policy 41: Land use or development in the coastal area will not cause
national or state air quality standards to be violated.
(48)
Policy 42: Coastal management policies will be considered if the
state reclassifies land areas pursuant to the prevention of significant
deterioration regulations of the Federal Clean Air Act.
(49)
Policy 43: Land use or development in the coastal area must not cause
the generation of significant amounts of the acid rain precursors;
nitrates and sulfates.
(50)
Policy 44: Preserve and protect tidal and freshwater wetlands and
preserve the benefits derived from these areas.
The Planning Commission 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 City of Peekskill 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 and/or commission. Such certificate must state that the action is consistent with the City's LWRP policy standards and conditions in accordance with § 365-6 of this chapter. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed hereunder, 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.
A person who violates any of the provisions
of, or who fails to comply with any conditions imposed by this chapter
shall be guilty of 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.
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 City of Peekskill, the provisions of this chapter shall govern.
