[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 3-28-2001 by L.L. No. 4-2001. Amendments noted where applicable.]
Waterways — See Ch. 151.
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).
The purpose of this chapter is to provide a framework for agencies of the Village of Manorhaven 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.
It is the intention of the Village of Manorhaven that the preservation, enhancement and utilization of the natural and manmade resources of the unique coastal area of the village 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.
The substantive provisions of this chapter shall only apply while there is in existence a Village 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 chapter, the following terms shall have the meanings indicated:
- Any activity, funding or permit undertaken by or subject to the approval of an agency of the Village of Manorhaven other than the following:
- A. Maintenance or repair involving no substantial changes in an existing structure or facility.
- B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes.
- C. Repaving of existing highways not involving the addition of new travel lanes.
- D. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities.
- E. Maintenance of existing landscaping or natural growth.
- F. Minor temporary uses of land having negligible or no permanent impact on the environment.
- G. Installation of traffic control devices on existing streets, roads and highways.
- H. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns.
- I. Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies.
- J. Official acts of a ministerial nature involving no exercise of discretion, including building permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code(s).
- K. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment.
- L. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided that those activities do not commit the agency to commence, engage in or approve such action.
- M. Collective bargaining activities.
- N. Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt.
- O. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession.
- P. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides or other hazardous materials.
- Q. License, lease and permit renewals, or transfers of ownership thereof, where there will be no material change in permit conditions or the scope of permitted activities.
- R. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list.
- S. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion.
- T. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired if fully subject to review procedures.
- Any board, agency, department, office, other body or officer of the Village of Manorhaven.
- COASTAL AREA
- 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 Village of Manorhaven, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Village of Manorhaven Local Waterfront Revitalization Program (LWRP).
- COASTAL ASSESSMENT FORM (CAF)
- The form, contained in Appendix A, used by an agency to assist it in determining the consistency of an action with the Local Waterfront Revitalization Program.
- The action will substantially comply with the LWRP policy standards 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 Manorhaven, approved by the Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a copy of which shall be on file in the office of the Clerk of the Village of Manorhaven.
- WATERWAYS COMMITTEE
- The Committee established under Chapter 151 of the Code of the Incorporated Village of Manorhaven.
Editor's Note: Appendix A is on file in the village offices.
The Waterways Committee is authorized to review and make recommendations to appropriate agencies regarding the consistency of proposed actions with the LWRP policy standards.
Whenever a proposed action is located in the village'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 set forth herein.
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.
The agency shall refer a copy of the completed CAF to the Waterways Committee within 10 days of its submission and, prior to making its determination, shall consider the recommendation of the Waterways Committee with reference to the consistency of the proposed action.
After referral from an agency, the Waterways Committee shall consider whether the proposed action is consistent with the LWRP policy standards set forth herein. The Waterways Committee shall require the applicant to submit all completed applications, EAF's and any other information deemed to be necessary to its consistency recommendation.
The Waterways 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 Waterways Committee and the applicant or, in the case of a direct action, the agency. The recommendation shall indicate whether, in the opinion of the Waterways 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 Waterways 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 or to greater advance them.
In the event that the Waterways Committee recommendation is not forthcoming within the specified time, the referring agency may make its decision without the benefit of the Waterways Committee recommendation.
The agency shall make the determination of consistency based on the CAF, the Waterways Committee recommendation and such other information as is deemed to be necessary in its determination. The agency shall issue its determination within 30 days of the date of receipt of the Waterways Committee recommendation. 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 chapter.
Actions to be undertaken within the coastal area shall be evaluated for consistency in accordance with the following LWRP policy standards, which are derived from and further explained and described in the Village of Manorhaven LWRP, a copy of which is on file in the Village 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:
Foster a pattern of development in the Village of Manorhaven that makes beneficial use of a coastal location, enhances community character, preserves open space, makes efficient use of infrastructure and minimizes adverse effects of development (Policy 1).
Promote Manorhaven as a center of maritime activity and suitable location for water-dependent uses (Policy 2).
Promote sustainable use of living marine resources in Long Island Sound (Policy 3).
Minimize loss of life, structures and natural resources from flooding and erosion (Policy 4).
Protect and improve water quality and supply in the Long Island Sound coastal area (Policy 5).
Protect and restore the quality and function of the Village of Manorhaven ecosystem (Policy 6).
Provide for public access to and recreation opportunities on coastal waters, public lands and public resources of the Village of Manorhaven coastal area (Policy 7).
Preserve historic resources of the Village of Manorhaven (Policy 8).
Enhance visual quality and protect scenic resources in Manorhaven and throughout the viewshed of Manhasset Bay (Policy 9).
Protect and improve air quality in the Long Island Sound coastal area (Policy 10).
Minimize environmental degradation in the Long Island Sound coastal area from solid waste and hazardous substances and wastes (Policy 11).
Promote appropriate use and development of energy and mineral resources (Policy 12).
If the agency determines that the action would not be consistent with one or more of the LWRP policy standards, such action shall not be undertaken until it is revised and submitted in a form which meets the requirements of this article.
Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Waterways Committee. Such files shall be made available for public inspection upon request.
The Village Code Official 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 Code Official has been presented with a written determination from an agency that the action is consistent with the village's LWRP policy standards and conditions. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed thereunder, the Code Official 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.