[HISTORY: Adopted by the Common Council of
the City of Kingston as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-1986, approved 4-2-1986 (Ch.
120A of the 1984 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes every vessel which is propelled, in whole or in
part, by mechanical power and is used or operated for commercial purposes
on the navigable waters of the state and that is either for carrying
passengers, carrying freight or towing or for any other use, for which
a compensation is received, either directly or where provided as an
accommodation, advantage, facility or privilege at any place of public
accommodation, resort or amusement.
The position of Dockmaster involves the day-to-day operations
of the docks and overseeing the seasonal dock staff. This individual
will be responsible for the enforcement of the rules and regulations
of the waterfront, as well as the coordination of the placement of
vessels along the city docks. This individual shall be appointed by
the Mayor and shall serve at the pleasure of the Mayor. This individual
shall report to the City Clerk and Harbor Manager. This individual
will have the direct responsibility of working with all departments
of the City of Kingston, including but not limited to the Department
of Public Works, the City Clerk's office and the Department of Parks
and Recreation, to further the betterment of the whole waterfront
area. The responsibilities of the Dockmaster would also include the
performance of maintenance at Company Hill Path, Gallo Park and Downtown
Visitor's Center from May 1 to October 15 of each year, as well as
oversee the maintenance dock staff in performing these duties. For
the balance of the term of October 16 through April 30 of each year,
the responsibility for these areas shall be borne by the Recreation
Department.
[Added 5-1-2007, approved 5-3-2007]
This individual is responsible for the maintenance of the
docks and the infrastructure of the Kingston Waterfront and shall
be responsible for all safety aspects involving the waterfront. This
position will include the responsibility of putting in and taking
out the docks and working with all agencies and others necessary for
the safe and proper operation of the Kingston Waterfront. This individual
shall be appointed by the Mayor and shall serve at the pleasure of
the Mayor. This individual shall report to the Mayor.
[Added 5-1-2007, approved 5-3-2007[1]]
Includes every vessel not within the classification of commercial
vessel. However, the provisions of this article shall not apply to
rowboats and canoes, except as otherwise provided.
Any parcel of land owned or leased by the City of Kingston,
fronting on a navigable body of water, which allows direct access
to said body of water by the general public through the use of boat-launch
ramps, floating piers and catwalks and fixed-bulkhead boarding platforms.
[1]
Editor's Note: This resolution also replaced
the term "Harbormaster" with "Harbor Manager" throughout this chapter.
A.
The boundaries
for waterfront facilities covered by this article shall be defined
as all that area located within the corporate boundaries of the City
of Kingston fronting on the Rondout Creek on the south and the Hudson
River on the east.
B.
The waterfront
walkway on Dock Street along the shoreline of the Rondout Creek from
the west side of the 9W north-south arterial ("9W Bridge") through
the intersection of Dock Street and Ravine Street shall hereafter
be named the "Maurice D. Hinchey Promenade."
[Added 7-2-2013, approved 7-5-2013]
The following are the locations and types of
waterfront facilities:
|
Site
|
Location
|
Type
|
|---|---|---|
|
A
|
West Strand Plaza
|
Public-use floating pier
|
|
B
|
West Strand Plaza
|
Commercial-use floating pier
|
|
C
|
West Strand Plaza
|
Commercial-use fixed-bulk-head boarding platform
|
|
D
|
Kingston Point Beach
|
Commercial-use fixed-bulk-head boarding platform
|
A.
General information.
(1)
Location. This facility is located in West Strand
Plaza at the foot of Broadway in the Rondout section of Kingston.
It fronts the Rondout Creek on its northerly bank. It begins at a
point 60 feet west of the center mall and extends 217 feet in a westerly
direction along the Rondout Creek. The point of beginning is a fixed
platform extending out over the water from the fixed bulkhead.
(2)
Type of facility. This is a floating pier with finger
floats. It is accessible via a hinged ramp attached to the above-mentioned
fixed platform.
(3)
Authorized use. This site shall be for the use of
the general boating public as a day-boating facility. It shall be
used for the loading and unloading of occupants of pleasure craft
utilizing the other facilities available in the Rondout area, i.e.,
shops, restaurants, parks, maritime center, trolley museum, etc.
(4)
Unauthorized use. Commercial traffic of any kind shall
be prohibited.
(5)
Jurisdiction. The facility shall be under the jurisdiction
of the Harbor Manager of the City of Kingston.
(6)
Maintenance. Maintenance of this facility shall be
the responsibility of the Department of Public Works.
(7)
Hours of operation. This facility shall be open to
the boating public from 6:00 a.m. until 12:00 midnight, seven days
per week, from May 1 until October 31.
(8)
Contact persons. Harbor Manager (914-331-6940) and
the Kingston Police Department (914-331-1671).
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
B.
Regulations.
(1)
Vessels must comply with the qualifications for pleasure
craft, as described elsewhere herein.
(2)
Vessels shall comply with the hours of operation of
the facility, as described elsewhere herein.
(3)
No vessel shall be left overnight at this facility.
All vessels must vacate this facility by the time posted.
(4)
Those using the facility do so at their own risk,
and, by utilizing these facilities, the user hereby agrees that he
or she will hold the City of Kingston harmless for any injury or damage
arising out of such use and from the actions of others using the same.
(5)
The owner of the vessel shall be responsible for securing
the vessel properly and only in designated numbered slips.
(6)
The City of Kingston shall not be responsible for
any damage incurred by wake, wash, wind or rain or any other damage
incurred while a vessel is moored at this facility, nor shall it be
responsible for the safety of anyone utilizing the same.
(7)
The City of Kingston shall not be responsible for
vandalism or theft of any property while a vessel is moored at this
facility.
(8)
Children 12 or under shall not be allowed on the floating
piers unless accompanied by a parent or guardian and unless properly
wearing duly approved flotation devices.
(9)
No thongs, clogs or leather-soled shoes shall be worn
on the flotation piers.
(10)
The facilities are for the use and enjoyment of the
boating general public. Users of the docking facility shall refrain
from the consumption of alcoholic beverages, loud noise or loud music,
horseplay, rowdiness or other behavior which may reasonably affect
the enjoyment or sensibilities of others.
(11)
Smoking in the dock area is prohibited.
(12)
Docking space shall be assigned in order of request
by the operator of the vessel upon arrival at the facility. No space
shall be reserved in advance.
(13)
Nothing herein shall be construed as limiting or prohibiting
the Harbor Manager from exercising the right to limit or restrict
the use of this facility so as not to conflict with scheduled activities
in the West Strand Plaza.
(14)
There shall be no fee charged for the use of this
facility.
(15)
No one shall permit major maintenance to any vessel
maintained within Site A, B or C unless approved by the Harbor Manager.
[Added 5-1-2007, approved 5-3-2007]
(16)
No littering or discharge of pollution shall be allowed.
No person shall place, throw, deposit, or discharge or cause to be
placed, thrown, deposited or discharged into the waterfront areas,
including Site A, B or C, any litter or other materials, including
but not limited to any refuse or waste matter, sewage, petroleum products
or by-products, paint, varnish, dead animals, fish parts or debris
of any kind, which renders the waters unsightly, noxious, unwholesome
or otherwise detrimental to the public health or welfare or to the
enjoyment of the water for recreational purposes.
[Added 5-1-2007, approved 5-3-2007]
(17)
No person shall operate a marine toilet at any time
so as to cause or permit to pass or to be discharged into the waterfront,
including Site A, B or C, any untreated sewage or any other waste,
matter or contaminant of any kind pursuant to § 33-C of
the New York State Navigational Law.
[Added 5-1-2007, approved 5-3-2007]
(18)
Each person anchoring or mooring a vessel in the waterfront,
including Site A, B or C, shall be responsible for any damage to that
vessel or to any other vessel or any other property damage caused
by that vessel.
[Added 5-1-2007, approved 5-3-2007]
(19)
Violations of the above regulations shall constitute
an infraction and shall be subject to a fine not to exceed $100 and/or
the denial of future use of the facility for not more than one year.
A.
General information.
(1)
Location. This facility is located in West Strand
Plaza at the foot of Broadway in the Rondout section of Kingston.
It fronts the Rondout Creek on its northerly bank. It begins at a
point 50 feet west of the center mall and extends 50 feet in an easterly
direction along the Rondout Creek. The point of beginning is a fixed
platform extending out over the water from the fixed bulkhead.
(2)
Type of facility. This is a floating pier. It is accessible
via a hinged ramp attached to the above-mentioned fixed platform.
(3)
Authorized use. This site is intended for use as a
commercial facility for commercial vessels, as defined elsewhere herein.
It shall be used for the loading and unloading of passengers and/or
supplies.
(4)
Unauthorized use. This facility may be used by pleasure
craft when it is not being utilized by a commercial vessel. No pleasure
craft shall be left unattended while at such facility.
(5)
Jurisdiction. The facility shall be under the jurisdiction
of the Harbor Manager of the City of Kingston.
(6)
Maintenance. Maintenance of this facility shall be
the responsibility of the Department of Public Works.
(7)
Hours of operation. This facility shall be open to
the boating public from 6:00 a.m. until 12:00 midnight, seven days
per week, from May 1 until October 31.
(8)
Contact persons. Harbor Manager (914-331-6940) and
the Kingston Police Department (914-331-1671).
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(9)
Insurance. Commercial vessels utilizing this facility
must first furnish the City of Kingston liability insurance in an
amount not less than $1,000,000 naming the City of Kingston as coinsured,
with such company and in such form as shall be satisfactory to the
Harbor Manager.
B.
Regulations.
(1)
Vessels must comply with the qualifications for commercial
vessels, as described elsewhere herein.
(2)
Vessels shall comply with the hours of operation of
the facility, as described elsewhere herein.
(3)
No vessel shall be left overnight at this facility.
All vessels must vacate this facility by the time posted.
(4)
Vessels wishing to use this facility must submit a
written request to the Harbor Manager.
(5)
Permission to use this facility is to be granted by
the Harbor Manager and may be for various periods of time, including
but not limited to individual one-time uses or seasonal scheduled
uses.
(6)
Requests for use of the facility must state the date
and provide the arrival, departure and return times, if any.
(7)
Use of the facility shall be assigned in the order
of receipt of the requests by the Harbor Manager.
(8)
The Harbor Manager shall notify the vessel operator,
in writing, as to the granting or denying of permission to use the
facility.
(9)
Vessels granted permission to dock may arrive not
more than 20 minutes prior to the departure time stated in the application
and must clear the facility within 20 minutes after the departure
time stated in the application. The same time parameters shall apply
to return time.
(10)
Vessels shall not be allowed to dock unless the City
of Kingston has the appropriate insurance rider in its possession
prior to the scheduled use.
(11)
The owner and/or operator of the vessel shall be responsible
for securing the vessel properly.
(12)
The owner and/or operator of the vessel shall be responsible
for any damage to the facility incurred during his period of use and
shall be required to notify the Harbor Manager immediately of any
such damage.
(13)
The City of Kingston shall not be responsible for
any damage incurred by wake, wash, wind or rain or any other damage
incurred while a vessel is moored at this facility, nor shall it be
responsible for the safety of anyone utilizing the same.
(14)
The City of Kingston shall not be responsible for
vandalism or theft of any property while a vessel is moored at this
facility.
(15)
The vessel operator shall provide adequate support
personnel to ensure the safe loading and unloading of passengers.
(16)
Ground support vehicles are not permitted to enter
West Strand Plaza. Vessel owners and/or operators may use hand trucks
or carts to move supplies to and from the vessels.
(17)
Special advance permission may be granted by the Harbor
Manager for vans and automobiles to enter West Strand Plaza for the
purpose of the pickup and discharge of handicapped individuals only.
Due to design limitation, minibuses and larger vehicles are strictly
prohibited.
(18)
Vessel owners and/or operators are responsible for
all trash and debris removal and shall be billed as part of their
fee.
(19)
Vessel owners and/or operators requiring the use of
city water shall make arrangements through the Harbor Manager and
shall be billed as part of their fee.
(20)
Vessel owners and/or operators requiring the use of
electricity shall make arrangements through the Harbor Manager and
shall be billed directly through Central Hudson Gas & Electric.
(21)
Nothing herein shall be construed as limiting or prohibiting
the Harbor Manager from exercising the right to limit or restrict
the use of this facility so as not to conflict with scheduled activities
in the West Strand Plaza.
(23)
No one shall permit major maintenance to any vessel
maintained within Site A, B or C unless approved by the Harbor Manager.
[Added 5-1-2007, approved 5-3-2007]
(24)
No littering or discharge of pollution shall be allowed.
No person shall place, throw, deposit, or discharge or cause to be
placed, thrown, deposited or discharged into the waterfront areas,
including Site A, B or C, any litter or other materials, including
but not limited to any refuse or waste matter, sewage, petroleum products
or by-products, paint, varnish, dead animals, fish parts or debris
of any kind, which renders the waters unsightly, noxious, unwholesome
or otherwise detrimental to the public health or welfare or to the
enjoyment of the water for recreational purposes.
[Added 5-1-2007, approved 5-3-2007]
(25)
No person shall operate a marine toilet at any time
so as to cause or permit to pass or to be discharged into the waterfront,
including Site A, B or C, any untreated sewage or any other waste,
matter or contaminant of any kind pursuant to § 33-C of
the New York State Navigational Law.
[Added 5-1-2007, approved 5-3-2007]
(26)
Each person anchoring or mooring a vessel in the waterfront,
including Site A, B or C, shall be responsible for any damage to that
vessel or to any other vessel or any other property damage caused
by that vessel.
[Added 5-1-2007, approved 5-3-2007]
(27)
Violations of the above regulations shall constitute
an infraction and shall be subject to a fine not to exceed $100 and/or
the denial of future use of the facility for not more than one year.
A.
General information.
(1)
Location. This facility is located in West Strand
Plaza at the foot of Broadway in the Rondout section of Kingston.
It fronts the Rondout Creek on its northerly bank. It begins at a
point on the westerly corner of the storm drain outlet headwall and
extends 181 feet in a westerly direction along the Rondout Creek.
This site is adjacent to Site B and at times may be inclusive of Site
B.
(2)
Type of facility. This is a fixed bulkhead using the
existing walkway as a staging area from which a portable ramp may
be affixed to the vessel directly.
(3)
Authorized use. This site is intended for use as a
commercial facility for commercial vessels, as defined elsewhere herein.
It shall be used as follows:
(a)
Overnight dockage for larger passenger vessels
exceeding 100 feet in length.
(b)
Same uses as Site B when two vessels request
the same time period, if vessels are so designated as to load and
unload passengers safely with a portable ramp.
(c)
Same uses as Site B where the vessel is too
large for Site B or the design is such that the loading and unloading
of passengers can be accomplished more safely and more efficiently
with the use of a portable ramp.
(d)
Specialized vessels designed for public display,
access for viewing and performances.
(e)
Tugboats and other working vessels for the purposes
of taking on supplies, making repairs or the conducting of emergency
business.
(f)
Berthing area for approved vessels visiting
the area for special events.
(4)
Unauthorized use. No personal vessels may tie up at
this facility at any time unless first obtaining permission from the
Harbor Manager and signing the appropriate insurance forms. No vessels
of any kind may be stored at this facility.
(5)
Jurisdiction. The facility shall be under the jurisdiction
of the Harbor Manager of the City of Kingston.
(6)
Maintenance. Maintenance of this facility shall be
the responsibility of the Department of Public Works.
(7)
Hours of operation. This facility shall be open for
authorized use 24 hours per day, seven days per week, from May 1 until
October 31.
(8)
Contact persons. Harbor Manager (914-331-6940) and
the Kingston Police Department (914-331-1671).
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(9)
Insurance. Commercial vessels utilizing this facility
must first furnish the City of Kingston liability insurance in an
amount not less than $1,000,000, naming the City of Kingston as coinsured,
with such company and in such form as shall be satisfactory to the
Harbor Manager. Short-form waivers will be available from the Harbor
Manager, containing the same stipulations as mentioned above. These
forms are to be used for extenuating circumstances and are not meant
to replace the rider.
B.
Regulations.
(1)
Vessels must comply with the qualifications for commercial
vessels, as described elsewhere herein, with the exception of those
vehicles described under regulations for special events.
(2)
Vessels wishing to use this facility must submit a
written request to the Harbor Manager.
(3)
Permission to use this facility is to be granted by
the Harbor Manager and may be for various periods of time, including
but not limited to individual one-time uses or seasonal scheduled
uses.
(4)
Requests for use of the facility must state the date
and provide the arrival, departure and return times, if any.
(5)
Use of the facility shall be assigned in the order
of receipt of the requests by the Harbor Manager.
(6)
The Harbor Manager shall notify the vessel operator,
in writing, as to the granting or denying of permission to use the
facility.
(7)
Vessels shall not be allowed to dock unless the City
of Kingston has the appropriate insurance rider in its possession
prior to the scheduled use. Vessels arriving late or unexpectedly
or on any emergency basis must contact the Harbor Manager for permission
to dock.
(8)
Vessels granted permission to dock must sign a short-form
insurance waiver, as stipulated elsewhere herein.
(10)
The owner and/or operator of the vessel shall be responsible
for securing the vessel properly.
(11)
The owner and/or operator of the vessel shall be responsible
for any damage to the facility incurred during his period of use and
shall be required to notify the Harbor Manager immediately of any
such damage.
(12)
The City of Kingston shall not be responsible for
any damage incurred by wake, wash, wind or rain or any other damage
incurred while a vessel is moored at this facility, nor shall it be
responsible for the safety of anyone utilizing the same.
(13)
The City of Kingston shall not be responsible for
vandalism or theft of any property while a vessel is moored at this
facility.
(14)
The vessel operator shall provide adequate support
personnel to ensure the safe loading and unloading of passengers.
(15)
Ground support vehicles are not permitted to enter
West Strand Plaza. Vessel owners and/or operators may use hand trucks
or carts to move supplies to and from the vessels.
(16)
Special advance permission may be granted by the Harbor
Manager for vans and automobiles to enter West Strand Plaza for the
purpose of the pickup and discharge of handicapped individuals only.
Due to design limitation, minibuses and larger vehicles are strictly
prohibited.
(17)
Vessel owners and/or operators requiring the removal
of trash shall make arrangements through the Harbor Manager and shall
be billed as part of their fee.
(18)
Vessel owners and/or operators requiring the use of
city water shall make arrangements through the Harbor Manager and
shall be billed as part of their fee.
(19)
Vessel owners and/or operators requiring the use of
electricity shall make arrangements through the Harbor Manager and
shall be billed directly through Central Hudson Gas and Electric.
(20)
Nothing herein shall be construed as limiting or prohibiting
the Harbor Manager from exercising the right to limit or restrict
the use of this facility so as not to conflict with scheduled activities
in the West Strand Plaza.
(22)
No one shall permit major maintenance to any vessel
maintained within Site A, B or C unless approved by the Harbor Manager.
[Added 5-1-2007, approved 5-3-2007]
(23)
No littering or discharge of pollution shall be allowed.
No person shall place, throw, deposit, or discharge or cause to be
placed, thrown, deposited or discharged into the waterfront areas,
including Site A, B or C, any litter or other materials, including
but not limited to any refuse or waste matter, sewage, petroleum products
or by-products, paint, varnish, dead animals, fish parts or debris
of any kind, which renders the waters unsightly, noxious, unwholesome
or otherwise detrimental to the public health or welfare or to the
enjoyment of the water for recreational purposes.
[Added 5-1-2007, approved 5-3-2007]
(24)
No person shall operate a marine toilet at any time
so as to cause or permit to pass or to be discharged into the waterfront,
including Site A, B or C, any untreated sewage or any other waste,
matter or contaminant of any kind pursuant to § 33-C of
the New York State Navigational Law.
[Added 5-1-2007, approved 5-3-2007]
(25)
Each person anchoring or mooring a vessel in the waterfront,
including Site A, B or C, shall be responsible for any damage to that
vessel or to any other vessel or any other property damage caused
by that vessel.
[Added 5-1-2007, approved 5-3-2007]
(26)
Violations of the above regulations shall constitute
an infraction and shall be subject to a fine not to exceed $100 and/or
the denial of future use of the facility for not more than one year.
[Adopted 7-7-1992 as L.L. No. 4-1992,
approved 7-14-1992 (Ch. 120B of the 1984 Code)]
This article will be known as the "City of Kingston
Waterfront Consistency Review Law."
A.
This article is adopted under the authority of the
Municipal Home Rule Law and the Waterfront Revitalization of Coastal
Areas and Inland Waterways Act of the State of New York (Article 42
of the Executive Law).
B.
The purpose of this article is to provide a framework
for agencies of the City of Kingston to consider the policies and
purposes contained in the Local Waterfront Revitalization Program
when reviewing applications for actions or direct agency actions located
in the coastal area; and to assure that such actions and direct actions
are consistent with said policies and purposes.
C.
It is the intention of the City of Kingston that the
preservation, enhancement and utilization of the natural and man-made
resources of the unique coastal area of the city 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 article is intended to achieve such
a balance, permitting the beneficial use of coastal resources when
preventing: loss of living esturine resources and wildlife; diminution
of open space areas or public accesses 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 article shall only
apply while there is in existence a City Local Waterfront Revitalization
Program which has been adopted in accordance with Article 42 of the
Executive Law of the State of New York.
As used in this article, 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:
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 mailing 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.
This article does not apply to Type II, excluded
or exempt actions as defined in the SEQRA regulations 6 NYCRR Part
617.
Any board, agency, department, office, other body, or officer
of the City of Kingston.
That portion of New York State coastal waters and adjacent
shorelands as defined in Article 42 of the Executive Law which is
located within the boundaries of the City of Kingston, as shown on
the coastal area map on file in the office of the Secretary of State
and as delineated in the City of Kingston Local Waterfront Revitalization
Program.
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
The action will fully comply, to the extent practicable,
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, procedure
making and policy making.
The Local Waterfront Revitalization Program of the City of
Kingston, 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 City
of Kingston.
The Urban Cultural Park Commission of the City of Kingston, as created by Chapter 22 of the Code of the City of Kingston.
The Committee is authorized to review and make recommendations, in accordance with § 398-11, herein, to appropriate agencies regarding the consistency of proposed actions with the Kingston Local Waterfront Revitalization Program policy standards and conditions.
A.
Whenever a proposed action is located in the city's coastal area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection G herein.
B.
Whenever an agency receives an application for approval
or funding of 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 of the
proposed action.
C.
The agency shall refer a copy of the completed CAF
to the Committee within 20 days of its submission and prior to making
its determination, shall consider the recommendation of the Committee
with reference to the consistency of the proposed action.
D.
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The Committee shall require the applicant to submit all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendation.
E.
The Committee shall render its written recommendation
to the agency within 30 days following referral of the CAF from the
agency, unless extended by mutual agreement of the Committee and the
applicant, or in the case of direct action, the agency, or extended
if additional information is requested by the Committee to render
a written recommendation. The recommendation shall indicate whether,
in the opinion of the Committee, the proposed action is consistent
with or inconsistent with one or more of the LWRP policy standards
or conditions and shall elaborate in writing the basis for its opinion.
The Committee shall, along with its consistency recommendation, make
any suggestions to the agency concerning modification, of the proposed
action to make it consistent with LWRP policy standards and conditions
or to greater advance them. In the event that the Committee's recommendation
is not forthcoming within the specified time, the referring agency
may make its decision without the benefit of the Committee's recommendation.
F.
The agency shall make the determination of consistency
based on the CAF, the Committee recommendation and such other information
as is deemed to be necessary in its determination. The agency shall
issue its determination within 45 days following receipt of the Committee's
recommendation and submission by the applicant of any additional required
information. The 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 accordance with this article.
G.
Actions to be undertaken within the Kingston 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 City of Kingston LWRP,
a copy of which is on file in the City 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)
Revitalize the deteriorated and underutilized waterfront
areas of Kingston (Policies 1, 1A, 1B, 1C, 1D and 1E).
(2)
Retain and promote commercial and recreational water-dependent
uses (Policies 2, 2A, 2B and 2C).
(3)
Strengthen the economic base of Kingston's smaller
harbor areas by encouraging traditional uses and activities (Policies
4, 4A, 4B and 4C).
(4)
Ensure the development occurs where adequate public
infrastructure is available to reduce health and pollution hazards
(Policies 5, 5A and 5B).
(5)
Expedite local permit procedures and use performance
standards for development within the waterfront area (Policy 6).
(6)
Protect significant and locally important fish and
wildlife habitats from human disruption and chemical contamination
(Policies 7 and 8).
(7)
Encourage and expand commercial fishing facilities
to promote commercial and recreational fishing opportunities (Policies
9, 10 and 10A).
(8)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected, long-term structural measures and appropriate
siting of structures (Policies 11, 13, 13A, 14, 15, 16 and 17).
(9)
Safeguard economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy 18).
(10)
Maintain and improve public access to the shoreline
and the water-related recreational facilities while protecting the
environment (Policies 1, 1A, 1B, 1E, 2, 2B, 2C, 4, 4A, 4B, 4C, 5,
5A, 9, 19A, 19B, 20, 20A, 21, 21A, 21B and 22).
(11)
Protect and restore historic and archaeological
resources (Policies 23 and 23A).
(12)
Protect and upgrade scenic resources (Policies
25, 25a and 25B).
(13)
Site and construct energy facilities in a manner
in which will be compatible with the environmental and contingent
upon the need for a waterfront or water location (Policies 27, 30,
30A, 30B, 31, 33, 33A, 33B, 35, 36, 36A, 37, 38, 39, 40, 41, 42, 43
and 44).
(14)
Protect surface and groundwaters from direct
and indirect discharge of pollutants and from overuse (Policies 30,
30A, 30B, 31, 32, 33, 33A, 33B, 34, 34A, 35, 36, 36A, 37, 38, 39,
40 and 44).
(15)
Perform dredging and dredge spoil in a manner
protective of natural resources (Policies 15 and 35).
(16)
Handle and dispose of solid and hazardous wastes
and effluents in a manner which will not adversely affect the environment
nor expand existing landfills (Policies 34, 34A, 35, 36, 36A and 39).
(17)
Protect air quality (Policies 41, 42 and 43).
(18)
Protect freshwater wetlands (Policy 44).
H.
Actions inconsistent with policy standards.
(1)
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 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, and that:
(a)
The action would be undertaken in a manner which
will minimize all adverse effects on such LWRP policy standards and
conditions;
(b)
The action will advance one or more of the other
LWRP policy standards and conditions; or
(c)
The action will result in an overriding city,
regional or statewide public benefit.
(2)
Such a finding shall constitute a determination that
the action is consistent with the LWRP policy standards and conditions.
I.
Each agency shall maintain a file for each action
made the subject of a consistency determination, including any recommendations
received from the Committee. Such files shall be made available for
public inspection upon request.
[Amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
The City Building Safety Officer shall be responsible
for enforcing this article. No work or activity on a project in the
coastal area which is subject to review under this article shall be
commenced or undertaken until the Building Safety Officer has been
presented with a written determination from an agency that the action
is consistent with the city's LWRP policy standards and conditions.
In the event that an activity is not being performed in accordance
with this article or any conditions imposed thereunder, the Building
Safety Officer 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.
A person who violates any of the provisions of, or
who fails to comply with any conditions imposed by this article 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 offenses. For the purpose
of conferring jurisdiction upon courts and judicial officers, each
week of continuing violation shall constitute a separate additional
offense.
B.
The City Corporation Counsel is authorized and directed
to institute any and all actions and proceedings necessary to enforce
this article. Any civil penalty shall be in addition to and not in
lieu of any criminal prosecution and penalty. The city may also enforce
this article by injunction or other civil proceeding.
