A.
No agency of the Village involved in an action as defined in § 240-5 shall carry out or approve the action until it has complied with the provisions of this article.
B.
Actions directly undertaken by agencies of the Village and actions approved by agencies of the Village within the coastal area shall be consistent, to the maximum extent practicable, with the applicable coastal policies set forth in the Village of Mamaroneck Local Waterfront Revitalization Program, as adopted on November 13, 1984, and amended from time to time, so as to achieve a balance between the protection of natural resources and the need to accommodate the needs of population growth and economic development. It is intended that this balancing occur in the manner specified in §§ 240-27 through 240-30.
C.
Nothing in this article shall be construed to authorize or require
the issuance of any permit, license, certificate of determination
or other approval which is denied by the agency having jurisdiction
pursuant to other provisions of law or which is conditioned by such
agency pursuant to other provisions of law until such conditions are
met.
As early as possible in an agency's formulation of a direct
action or as soon as an agency receives an application for approval
of an action, the agency shall follow the review procedures set forth
in this article.
For direct agency actions, the agency shall complete, and for
approval of an action, the agency shall cause the applicant to complete,
a coastal assessment form (CAF). The CAF shall be completed at the
inception of the action and prior to the agency's determination of
the environmental significance of the action pursuant to the State
Environmental Quality Review Act.
Prior to an action or approval of an action by an agency of
the Village, such action shall be determined to be consistent, to
the maximum extent practicable, with the policies of the Village of
Mamaroneck Local Waterfront Revitalization Program, as follows:
A.
For actions undertaken, funded or approved by the Village Board of Trustees, the Board of Trustees shall determine whether the action is consistent to the maximum extent practicable with the policies of the Village of Mamaroneck Local Waterfront Revitalization Program. Prior to making its consistency determination, the Board of Trustees shall request a written recommendation regarding consistency from the Harbor and Coastal Zone Management Commission and provide the Commission with a copy of the CAF and the relevant materials supporting the action. The Commission shall render its written recommendation, setting forth the reasons upon which the recommendation is based, within 30 days of the referral from the Board of Trustees, unless such period is extended by the Board of Trustees for a direct action and consented to by the applicant if the action is not a direct action by the Board of Trustees. The Board of Trustees shall not be bound by the Commission's written recommendation but if it makes a contrary determination to the Commission's recommendation, the Board of Trustees shall set forth in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards and, where applicable, address the applicability of the criteria set forth in Subsection F of this section. In the event that the Commission's written recommendation is not provided within the specified time period, the Board of Trustees shall make its consistency determination without the benefit of the Commission's recommendation.
B.
For the actions of all other Village agencies, except as otherwise provided in § 240-29H, the agency, upon the calendaring of an application on its agenda, shall forward a copy of the CAF, the application or a description of a proposed direct action, and supporting documentation to the Harbor and Coastal Zone Management Commission for its review. The applicant must comply with the notification requirements set forth in Chapter 372 of this Code (Land Use Application Notice Requirements).
[Amended 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023]
C.
The Harbor and Coastal Zone Management Commission shall place the
application on its next available agenda for an informal discussion
of the action and the LWRP policies relevant to the action. At that
meeting, the Harbor and Coastal Zone Management shall determine if
the CAF, the application or direct action description, and any supporting
material submitted constitute sufficient information for the purpose
of rendering its consistency determination. The Commission may comment
on potential environmental impacts of the action, make preliminary
suggestions regarding changes, if any, required for the action to
be consistent with the LWRP and may request other material the Commission
believes is necessary for a complete review. The Commission shall
summarize this discussion in a memorandum to be sent to the approving
authority for the action within 10 days after the meeting.
D.
Within 65 days of receipt of notification from the approving authority
for the action that in accordance with the New York State Environmental
Quality Review Act, (a) a final environmental impact statement for
the action has been accepted as complete; or (b) a negative declaration
for the action has been adopted; or (c) the action is not subject
to SEQRA review but is otherwise subject to consistency review under
this chapter; and the submission by the applicant of the latest plans
and other materials the Commission deems necessary for its review,
the Commission shall determine the consistency of the action as follows:
(1)
Whether the proposed action is consistent, to the maximum extent
practicable, with the policies of the LWRP and, if so, whether it
will advance one or more of said policies.
(2)
Whether the proposed action will substantially hinder the achievement
of any policy of the LWRP or is otherwise not consistent with one
or more of the policies of the LWRP.
(3)
If the question posed in Subsection D(2) is answered in the affirmative, the manner in which and the extent to which the hindrance or inconsistency is likely to result shall be specified.
(5)
The Commission may also, in its discretion, suggest ways in which
the purposes of the proposed action might be accomplished in a manner
that would result in less hindrance or no hindrance to the policies
and purposes of the LWRP and/or in greater advancement of them.
E.
If a consistency determination is not made by the Commission within the period provided in Subsection D above, or within any extension of time for review agreed to by the Commission and the applicant or agency undertaking the action, the Commission shall be presumed to have determined that the action is consistent to the maximum extent practicable with the policies and purposes of the LWRP.
F.
If the action will substantially hinder the achievement of any policy,
the consistency determination may find that the following four requirements
are satisfied and that as a result the action is consistent, to the
maximum extent practicable, with the policies and purposes of the
LWRP:
(1)
No feasible alternatives exist which would permit the action to be
taken in a manner which would not substantially hinder the achievement
of such policy.
(2)
The action taken will minimize all adverse effects on such policies
to the maximum extent practicable.
(3)
The action will advance one or more of the other coastal policies.
(4)
The action will result in an overriding public benefit.
G.
In considering its consistency determination, the Harbor and Coastal
Zone Management Commission shall, as appropriate, identify the relevant
standards or substantive requirements of Village laws identified as
implementing the LWRP and may condition its consistency determination
on the approval of the action as meeting those standards by the Village
agency responsible for enforcing those standards.
H.
For applications to or undertakings by Village agencies that do not constitute "actions" as defined in § 240-5, a consistency determination is not required. A consistency determination shall also not be required for those actions, including use and area variances before the Zoning Board of Appeals, whose approval has been judicially determined to be governed exclusively by uniform standards established by state or federal law.
I.
The Commission's consistency determination shall be filed in the
Office of the Village Clerk within five business days of its adoption
and a copy thereof provided to the Village agency or agencies with
jurisdiction over the action and mailed to the applicant. Failure
to comply with this section shall not affect the validity of the Commission's
determination.
J.
An applicant
for a consistency determination other than the Board of Trustees or
any Village agency must pay the fee established by Appendix A347 (Fees)
of this Code.
[Added 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
In addition to all other required permits and approvals, a permit
from the Planning Board shall be required for any building, structure
or parking area otherwise requiring subdivision or site plan approval
that is wholly or in part hereafter constructed, altered, enlarged
and/or enclosed within 50 feet from the mean high-water line of Long
Island Sound or any body of water which flows into Long Island Sound.
A dock, mooring, breakwater or other structure which must, due to
the nature of its use, be located on, in or immediately adjacent to
the water shall be exempt from this provision. Application shall be
made to the Planning Board on such forms as it shall require and shall
be coordinated with the subdivision or site plan approval process.
Notwithstanding any inconsistent provision of the Village Code, this
provision shall not apply to normal maintenance or to the replacement
in kind of any existing building or structure which has been damaged
or destroyed by fire, storm or other casualty; however, damage or
destruction due to neglect shall not be exempt from the requirement
of a permit. The permit applicant shall demonstrate to the Planning
Board's satisfaction that the encroaching building, structure, or
parking area is water-dependent (based upon the criteria in the Village
of Mamaroneck Local Waterfront Revitalization Program) or cannot reasonably
be located elsewhere on the property. Water-dependent buildings or
structures may include, as an illustration, marinas, cabanas, boat
storage, and boat mechanics' work areas.
Any person violating any of the provisions of this article shall
be punishable, upon conviction thereof, by a fine not exceeding $250
or imprisonment not exceeding 15 days, or both.
