[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."
A.
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).
B.
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.
C.
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.
D.
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:
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.
Any combinations of the above.
Any board, agency, department, office, other body or officer
of the City of Rye.
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.
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.
[1]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 policymaking.
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.
[1]
Editor's Note: Appendix D is on file in the
City offices.
A.
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.
B.
For the purposes of this chapter, a determination
of consistency by the Rye City Planning Commission shall not be required
for the following actions:
(1)
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.
(2)
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.
(3)
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.
(5)
Rye City Planning Commission Local Waterfront Revitalization
Program determinations of consistency.
(6)
Legislative action taken by the City Council.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
Revitalize deteriorated and under utilized waterfront
areas (Policy 1).
(2)
Retain and promote recreational water-dependent uses
(Policy 2).
(3)
Strengthen the economic base of smaller harbor areas
by encouraging traditional uses and activities (Policy 4).
(4)
Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards
(Policy 5).
(5)
Streamline development permit procedures (Policy 6).
(6)
Protect significant and locally important fish and
wildlife habitats from human disruption and chemical contamination
(Policies 7, 7A, 7B and 8).
(7)
Maintain and expand commercial fishing facilities
to promote commercial and recreational fishing opportunities (Policies
9 and 10).
(8)
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).
(9)
Safeguard economic, social and environmental interests
in the Coastal Area when major actions are taken (Policy 18).
(10)
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).
(11)
Protect and restore historic and archaeological resources
(Policy 23).
(12)
Protect and upgrade scenic resources (Policy 25).
(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, 29 and 40).
(14)
Prevent ice management practices which could damage
significant fish and wildlife and their habitats (Policy 28).
(15)
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).
(16)
Perform dredging and dredge spoil disposal in a manner
protective of natural resources (Policies 15 and 35).
(17)
Handle and dispose of hazardous wastes and effluents
in a manner which will not adversely affect the environment nor expand
existing landfills (Policy 39).
(18)
Protect air quality (Policies 41, 42 and 43).
(19)
Protect tidal and freshwater wetlands (Policy 44).
E.
Special exceptions.
(1)
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:
(a)
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.
(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.
(d)
The action will result in an overriding City, 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.
F.
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]
A.
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]
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
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.
B.
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.
