City of Peekskill, NY Local Waterfront Revitalization Program

Implement consistency review regulations and procedures for the City of Peekskill Local Waterfront Revitalization Program (LWRP).

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:

	"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.
	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."

Assure that proposed private and direct actions are consistent with the said policies and purposes of the LWRP.

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.

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.

§ 365-3 Applicability.

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.

§ 365-4 Definitions.

As used in this article, the following terms shall have these meanings, as indicated:

ACTIONS

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:

Are directly undertaken by an agency; or

Involve funding by an agency; or

CERTIFICATION OF DETERMINATION

Require one or more new or modified approvals from an agency or agencies.

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.

AGENCY

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.

CITY

The City of Peekskill.

COMMON COUNCIL

The Common Council of the City of Peekskill.

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

That 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, procedures making and policy making.

EAF

Environmental assessment form.

EIS

Environmental impact statement.

EXCLUDED ACTION

An action which was undertaken, funded or approved prior to the effective dates set forth in SEQRA.

EXEMPT ACTION

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.

LEAD AGENCY

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.

LOCAL WATERFRONT AREA (LWA)

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.

LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)

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.

§ 365-5 Review of actions.

Responsibility for determining the consistency of actions:

Common Council determines consistency with the LWRP of:

(a)

Those actions which require Common Council approval, including special permits and zoning changes; and

(b)

Any remaining local agency actions which are not the responsibility of the Planning Commission or the Zoning Board of Appeals as described below.

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.

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.

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.

Determination of consistency.

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.

Such certification shall constitute a determination that the action is consistent to the maximum extent practicable with the LWRP.

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.

§ 365-6 Policy standards and conditions.

[Amended 12-14-2015 by L.L. No. 13-2015]

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:

Policy 1: Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses.

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.