[HISTORY: Adopted by the Council of the City of Rye 6-19-1991 by L.L. No. 12-1991. Amendments noted where applicable.]
This chapter will be known as "Chapter 73, Coastal Zone Management Waterfront Consistency Review, of the Code of the City of Rye."
This chapter is adopted under the authority of 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).
The purpose of this chapter is to provide a framework for agencies of the City of Rye 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 ensure that such actions and direct actions are consistent with said policies and purposes.
It is the intent of the City of Rye 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 chapter is intended to achieve such a balance, permitting beneficial use of the coastal resources while preventing loss of living estuarine resources and wildlife; diminution of open space areas or public access to the waterfront; erosion of the shoreline; impairment of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to the ecological systems.
The substantive provisions of this chapter shall only apply while there is in existence a City of Rye Local Waterfront Revitalization Program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.
For the purpose of this chapter, the following terms, phrases and words and their derivations shall have the following meanings given herein:
- Either Type I or unlisted actions, as defined in SEQRA regulations (6 NYCRR 617.2), which are undertaken by an agency and which include:
- A. 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:
- B. Agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions.
- C. Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment.
- D. Any combinations of the above.
- Any board, agency, department, office, other body or officer of the City of Rye.
- COASTAL AREA
- That portion of the 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 Rye, as shown on the Coastal Area map on file in the Office of the Secretary of State and as delineated in the City of Rye Local Waterfront Revitalization program.
- COASTAL ASSESSMENT FORM (CAF)
- The form contained in Appendix D 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.
- 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 policymaking.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program of the City of Rye, approved by the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act (Executive Law Article 42), and from time to time amended, a copy of which is on file in the office of the Clerk of the City of Rye.
Editor's Note: Appendix D is on file in the city offices.
Whenever a proposed action is located in the city's Coastal Area, an agency shall, prior to funding or directly undertaking the action, refer the action to the Rye City Planning Commission for a determination that it is consistent with the LWRP policy standards and conditions set forth in § 73-5D herein.
For the purposes of this chapter, a determination of consistency by the Rye City Planning Commission shall not be required for the following actions:
Excluded, exempt and Type II actions as defined by Chapter 87, Environmental Quality Review, of the Code of the City of Rye and the State Environmental Quality Review Act, and as amended.
Approval of an application to implement any part of an action or approval of an action which was previously determined by the Rye City Planning Commission to be consistent with the Rye City Local Waterfront Revitalization Program, except when the determination was made in connection with an amendment to the Code of the City of Rye, including but not limited to an amendment to the Zoning Map of the City of Rye or to Chapter 197, Zoning, of the Code of the City of Rye.
The approval of applications for any action involving the construction or alteration of a single-family or two-family residence and its accessory buildings and appurtenances.
Rye City Planning Commission Local Waterfront Revitalization Program determinations of consistency.
Legislative action taken by the City Council.
For actions to be directly undertaken by the City of Rye, the agency proposing the action shall, as early as possible in the formulation of the action, refer the proposed action to the Planning Commission for a determination of consistency and shall not implement such action until the Planning Commission has issued such determination of consistency.
For applications by persons, firms and corporations to a city agency for approval, the applicant, when making the application to such agency, shall simultaneously apply to the Planning Commission for a determination of consistency. The applicant shall prepare a Coastal Assessment Form (CAF) to assist with the consistency review. In the case of application processes which require preliminary and final applications, the application for a determination of consistency shall be made with the application for preliminary approval and need not be reapplied for at the time of making a final application unless the scope of the project for which final approval is sought is substantially different from that of the application for preliminary approval, which determination shall be made by the agency to which the application is being made.
Except as provided for below, the Planning Commission shall make the determination of consistency based on the CAF and such other information as is deemed to be necessary in its determination. The Planning Commission shall issue its determination following the next regularly scheduled meeting. The Planning Commission 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. Where the agency is the City Council or, in consideration of applications for use and area variances, the Board of Appeals, the determination of the Planning Commission shall be advisory. The consistency of an action involving the City Council or the Board of Appeals shall be determined by these Boards in the process of reviewing the proposed action. However, both Boards shall obtain the recommendations of the Planning Commission, as provided in this chapter, prior to reaching a decision. Both Boards shall have the authority, in their findings of consistency, to impose practicable and reasonable conditions on an action to ensure that it is carried out in accordance with this chapter. The Planning Commission shall be the agency authorized to make final consistency determinations for all other actions by agencies of the City of Rye.
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 Rye City LWRP, a copy of 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 agency shall also consult with Section IV of the LWRP in making its consistency determination. The action shall be consistent with the policy to:
Revitalize deteriorated and under utilized waterfront areas (Policy 1).
Retain and promote recreational water-dependent uses (Policy 2).
Strengthen the economic base of smaller harbor areas by encouraging traditional uses and activities (Policy 4).
Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards (Policy 5).
Streamline development permit procedures (Policy 6).
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7, 7A, 7B and 8).
Maintain and expand commercial fishing facilities to promote commercial and recreational fishing opportunities (Policies 9 and 10).
Minimize flooding and erosion hazard through nonstructural means, carefully selected long-term structural measures and appropriate siting of structures (Policies 11, 12, 13, 14, 16, 17 and 28).
Safeguard economic, social and environmental interests in the Coastal Area when major actions are taken (Policy 18).
Maintain and improve public access to the shoreline and to water-related recreational facilities while protecting the environment (Policies 2, 19, 19A, 19B, 20, 21 and 22).
Protect and restore historic and archaeological resources (Policy 23).
Protect and upgrade scenic resources (Policy 25).
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, 29 and 40).
Prevent ice management practices which could damage significant fish and wildlife and their habitats (Policy 28).
Protect surface and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 33, 34, 35, 36, 37 and 38).
Perform dredging and dredge spoil disposal in a manner protective of natural resources (Policies 15 and 35).
Handle and dispose of hazardous wastes and effluents in a manner which will not adversely affect the environment nor expand existing landfills (Policy 39).
Protect air quality (Policies 41, 42 and 43).
Protect tidal and freshwater wetlands (Policy 44).
If it is determined 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 determining 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 would not substantially hinder the achievement of such LWRP policy standards and conditions.
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions.
The action will advance one or more of the other LWRP policy standards and conditions.
The action will result in an overriding city, regional or state-wide public benefit.
Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.
The Rye City Planning Commission shall maintain a file for each action made the subject of a consistency determination. The Planning Commission shall issue a resolution of consistency for each approved action. Such files shall be made available for public inspection upon request.
[Amended 12-18-1991 by L.L. No. 24-1991; 12-16-1992 by L.L. No. 18-1992; 10-8-1997 by L.L. No. 16-1997]
Upon the filing of an application for a determination of consistency, excluding reviews of federal and state agency actions and actions proposed to be directly undertaken by an agency of the City of Rye, an application fee shall be payable. The City Council shall set the fee annually by resolution before adoption of the budget.
[Amended 12-16-1998 by L.L. No. 11-1998]
The Planning Commission in the review of any application may refer such application to such engineering, planning, legal, technical or environmental consultant or other professionals, hereinafter referred to as "consultant or consultants," as it deems reasonably necessary to enable it to review such application as required by law, provided that the required expertise is not available from city staff, and subject to the following:
The detailed statement of the consulting services to be provided by the consultant shall include the consultant's fees for said services and a statement by the consultant that the applicant, not the city, shall be ultimately responsible to the consultant for the services provided. The detailed statement shall be sent to the applicant by the City Planner via certified mail, return receipt requested.
If the applicant wishes to review the services and the costs with the Planning Commission, the request for a review shall be in writing and mailed to the City Planner via certified mail, return receipt requested, within seven days of the applicant's receipt of the service and cost statement provided by the City Planner. The Planning Commission shall review the services and costs with the applicant at its next regular meeting following receipt of the request.
The City Planner shall authorize the consultant to proceed if he/she has not received a written request for a review of the consultant's services and costs from the applicant within seven days of the applicant's receipt of the City Planner's transmittal. The receipt date is the date shown as received on the return receipt card returned by the post office.
The applicant shall pay the consultant's fee upon receipt of the consultant's detailed statement for the services provided. The statement will be forwarded to the applicant by the City Planner.
Payment of the consultant's fees shall be required in addition to any and all other fees required by this or any other section of this chapter or any other city law or regulation.
The Planning Commission document taking final action on the application shall not be issued until all consultant's fees charged in connection with the review of the applicant's project have been paid. Payment of the consultant's fees shall be by check made payable to the consultant and shall be submitted to the City Planner for transmittal to the consultant.
The City Building Inspector 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 Building Inspector has been presented with a Resolution of Consistency from the Rye City Planning Commission. In the event that an activity is not being performed in accordance with this chapter or any condition imposed thereunder, 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 the stop-work order is in effect.
A person who violates any of the provisions of or who fails to comply with any condition 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 the continuing violation shall constitute a separate additional violation.
The City Corporation Counsel 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.
The provisions of this chapter are severable. If any provision of this chapter is found invalid, such finding shall not affect the validity of this chapter as a whole or any part or provision hereof other than the provision so found to be invalid.