[HISTORY: Adopted by the Town Board of the Town of Catskill 2-7-1995
by L.L. No. 1-1995. Amendments noted where applicable.]
This chapter will be known as the "Town of Catskill 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 of the State of New York (Article 42 of the Executive Law).
B.
The purpose of this chapter is to provide a framework
for agencies of the Town of Catskill 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 Town of Catskill that the
preservation, enhancement and utilization of the natural and man-made resources
of the unique coastal area of the town 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 estuarine resources and
wildlife; diminution of open space areas 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 only
apply while there is in existence a Town 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 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:
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.
This chapter 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
Town of Catskill.
The Joint Town and Village of Catskill Waterfront Commission whose
basic task it is to implement the LWRP and its policies and projects.
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 Town of Catskill, as shown on the Coastal Area Map on file
in the office of the Secretary of State and as delineated in the Town and
Village of Catskill Local Waterfront Revitalization Program.
[1]The form, contained in Appendix A,[2] 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, procedure making and
policy making.
The Local Waterfront Revitalization Program of the Town and Village
of Catskill, 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 Town of Catskill.
The Catskill Waterfront Commission is authorized to review and make recommendations, in accordance with § 155-5 herein, to appropriate agencies regarding the consistency of proposed actions with the Catskill Local Waterfront Revitalization Program policy standards and conditions.
A.
Whenever a proposed action is located in the town'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.
Each agency of the town shall be responsible for making
its own consistency determinations.
C.
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 Subsection G herein.
D.
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.
E.
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.
F.
The lead agency shall make the determination of consistency
based on the CAF, SEQRA documents, the application and project documentation,
relevant recommendations from other agencies and such other information as
is deemed to be necessary in its determination. Said agency shall issue its
determination within 62 days following the submission by the applicant of
any additional required information. 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 accordance with this chapter.
G.
Actions to be undertaken within the 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 Catskill 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)
Revitalize the deteriorated and underutilized waterfront
areas of Catskill (Policies 1, 1A, 1B and 1C).
(2)
Retain and promote commercial and recreational water-dependent
uses (Policies 2, 2A, 2B, 2C and 2D).
(3)
Strengthen the economic base of Catskill's smaller harbor
areas by encouraging traditional uses and activities (Policies 4, 4A, 4B,
4C, 4D and 4E).
(4)
Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards (Policies
5 and 5A).
(5)
Protect significant and locally important fish and wildlife
habitats from human disruption and chemical contamination (Policies 7 and
8).
(6)
Maintain and expand commercial fishing facilities to
promote commercial and recreational fishing opportunities (Policies 9 and
10).
(7)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected long-term structural measures and appropriate siting
of structures (Policies 11, 11A, 13, 14, 14A and 17).
(8)
Safeguard economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy 18).
(9)
Maintain and improve public access to the shoreline and
to water-related recreational facilities while protecting the environment
(Policies 1B, 2, 9, 19, 19A, 19B, 20, 21, 22 and 44A).
(10)
Protect and restore historic and archaeological resources
(Policies 23, 23A and 23B).
(11)
Protect and upgrade scenic resource (Policies 24 and
25).
(12)
Conserve and protect agricultural lands (Policy 26).
(13)
Site and construct energy facilities in a manner which
will be compatible with the environment and contingent upon the need for a
waterfront or water location (Policies 27, 30, 31, 35, 35A, 36, 38, 39, 40,
41, 42, 43 and 44).
(14)
Prevent ice-management practices which could damage significant
fish and wildlife and their habitat (Policy 28).
(15)
Protect surface and ground waters from direct and indirect
discharge of pollutants and from overuse (Policies 30, 31, 32, 32A, 33, 34,
35, 35A, 36, 37, 38, 39, 39A, 40 and 44).
(16)
Perform dredging and dredge spoil in a manner protective
of natural resources (Policies 35 and 35A).
(17)
Handle and dispose of solid and hazardous wastes and
effluents in a manner which will not adversely affect the environment (Policies
39 and 39A).
(18)
Protect air quality (Policies 41, 42 and 43).
(19)
Protect freshwater wetlands (Policies 44 and 44A).
H.
Findings.
(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:
(a)
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;
(b)
The action would be undertaken in a manner which will
minimize all adverse effects on such LWRP policy standards and conditions;
(c)
The action will advance one or more of the other LWRP
policy standards and conditions; and
(d)
The action will result in an overriding town, regional
or state-wide 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 Catskill Waterfront Commission. Such files shall be made
available for public inspection upon request.
The Town Zoning Enforcement Officer shall be responsible for enforcing
this chapter. 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 Zoning Enforcement Officer has been presented with a written determination
from an agency that the action is consistent with the town's LWRP policy standards
and conditions. In the event that an activity is not being performed in accordance
with the chapter or any conditions imposed thereunder, the Zoning Enforcement
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 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 violations shall constitute
a separate additional violation.
B.
The Town Attorney is authorized and directed to institute
any and all actions and proceedings necessary to enforce this chapter. Any
civil penalty shall be in addition to and not in lieu of any criminal prosecution
and penalty.
