The Village of Mamaroneck, by this chapter, does create a permanent
Harbor and Coastal Zone Management Commission, the function of which
is to serve in an advisory capacity to the Village Board of Trustees
in matters relating to the coastal area in the Village of Mamaroneck
and the harbor and to manage the harbor in accordance with this chapter.
In establishing the Harbor and Coastal Zone Management Commission,
the Village Board of Trustees is aware that mutual concerns will be
shared by the Harbor and Coastal Zone Management Commission and other
nonelective Village boards and commissions as well as other public
and private agencies. It is the intention of this chapter that the
Harbor and Coastal Zone Management Commission will, in submitting
its recommendations to the Village Board of Trustees on coastal zone
and harbor management matters, seek out, cooperate with and avail
itself of the experience and expertise of boards and commissions of
the Village of Mamaroneck. In addition, the Harbor and Coastal Zone
Management Commission will draw upon sources that are available on
a state and county level and neighboring municipalities in order that
it may assemble and disseminate the best possible work product for
the benefit of the entire Village.
A.
The Village Board of Trustees is acutely aware that its harbor, coastline,
waterfront and river tributaries, their use and their development
are vital to the Village of Mamaroneck and its future. Additionally,
the Village of Mamaroneck is concerned with the present and future
uses in the development of the surrounding upland areas which affect
the runoff, silting and riparian interests of the Village of Mamaroneck.
The establishment of the Harbor and Coastal Zone Management Commission
will enable the Village of Mamaroneck to protect and enhance its coastal
zone as an integral part of the future development of the Village
and achieve its long-range goals, which shall include but not be limited
to the following:
(1)
The quality of the coastal environment, water and air quality, fish,
wildlife, wetlands and natural areas shall be preserved, protected
and enhanced.
(2)
Recreational opportunities shall be expanded, and open access to
the waterfront shall be guaranteed for residents.
(3)
The present flooding and silting condition caused by flood tides
and upland actions along the tributaries of the rivers traversing
the Village must be carefully monitored and eliminated where possible.
(4)
Sedimentation of the harbor should be controlled and reduced.
(5)
The land adjacent to the tidal area of the coastal zone, which is
one of the Village's principal assets, should be studied and a plan
should be submitted to the Village Board of Trustees in order that
it be used in such a manner as to contribute to the overall development
of the Village, the economic vitality of the Village being likewise
essential to the future of its coastal zone.
(6)
Upgrading the zoning in and around the coastal zone.
B.
In establishing this article, the Village Board of Trustees recognizes
that the present excellent quality of life within the Village is,
in great measure, due to the present balance of land and water uses
within the coastal zone. The Harbor and Coastal Zone Management Commission
shall develop recommendations to the Village Board of Trustees in
order that the Village Board of Trustees, by legislative acts, will
achieve and guarantee that this present delicate balance is maintained.
C.
In establishing this Harbor and Coastal Zone Management Commission,
the Village Board of Trustees recognizes that the coastal zone is
a delicate ecosystem. Pollution, destruction of marshlands and failure
to protect fish and wildlife can destroy that ecosystem. The Village
Board of Trustees, therefore, seeks the help and advice and the recommendations
of the Harbor and Coastal Zone Management Commission, in conjunction
with the Village boards and commissions, county agencies, state and
federal governments and with the cooperation of Village residents,
to recommend all possible actions to preserve the coastal zone.
D.
The establishment of the Harbor and Coastal Zone Management Commission
will enable the Village of Mamaroneck to implement a plan for the
management of the Mamaroneck Harbor and coastal area.
The Harbor and Coastal Zone Management Commission with the Village
of Mamaroneck shall consist of seven members, who are residents of
the Village and who shall be appointed by the Village Board of Trustees
for terms of three years, each term to expire at the end of the official
year of the Village, except that, of those first appointed, three
shall be appointed to serve for three years, two shall be appointed
to serve for two years, and two shall be appointed to serve for one
year. The members of the Harbor and Coastal Zone Management Commission
shall serve without compensation. Any vacancy on the Harbor and Coastal
Zone Management Commission shall be filled for the unexpired term
in the same manner in which the original appointment was made. The
Chairperson of the Harbor and Coastal Zone Management Commission shall
be appointed by the Harbor and Coastal Zone Management Commission.
The Harbor Master shall be a nonvoting ex-oficio member of the Harbor
and Coastal Zone Management Commission.
A.
The Harbor and Coastal Zone Management Commission shall have the
following powers and duties:
(1)
To establish its own rules of procedure. Said rules of procedure
shall be subject to approval by the Village Board of Trustees and
the determination whether to grant such approval shall be made within
four months after the Harbor and Coastal Zone Management Commission
proposes said rules of procedure and submits them to the Board of
Trustees for approval.
(2)
To establish a meeting schedule at intervals sufficient in number
per year to accomplish the business of the Harbor and Coastal Zone
Management Commission.
(3)
To keep minutes of its meetings and to submit the minutes to the
Village Board of Trustees and for distribution to other Village boards
and commissions as directed by the Village Board of Trustees, and
which minutes shall be made part of the official records of the Village
of Mamaroneck.
(4)
To pursue the policies contained in the Village of Mamaroneck Local
Waterfront Revitalization Program as adopted by the Village Board
of Trustees from time to time and to act in advisory capacity to the
Village Board of Trustees and such other boards and commissions of
the Village of Mamaroneck as the Harbor and Coastal Zone Management
Commission may determine on matters relating to the coastal zone and
environs in the Village of Mamaroneck as well as the uplands.
(5)
To review proposed actions that may affect the coastal zone in order to determine their consistency with the Village of Mamaroneck Local Waterfront Revitalization Program provided for in § 240-29.
(6)
To consult with, advise and make recommendations to the Village Board
of Trustees on all matters relating to the health and safety of people
and the safety and security of facilities, marine structures and vessels
on, in or using the harbor and the land, structures and facilities
abutting the harbor, including, but not limited to:
(a)
The use and operation of vessels.
(b)
The erection of marine structures.
(c)
Dredging.
(d)
The anchoring, mooring and docking of vessels.
(e)
The storing of vessels.
(f)
Pollution and the prevention thereof.
(g)
The environment of the harbor.
(h)
All marine-related recreational and commercial activities in
the harbor.
(i)
Safety and navigation.
(j)
The functioning, performance and budget of the Harbor Master's
Department.
(k)
Utilization and development of the harbor.
(7)
To recommend updates to the Local Waterfront Revitalization Program
and its harbor management elements.
(8)
To oversee the implementation of the Local Waterfront Revitalization
Program as adopted by the Village Board of Trustees.
(9)
To recommend to the Village Board of Trustees long-range plans relating
to the harbor.
(10)
To recommend to the Village Board of Trustees adoption or amendment
of ordinances relating to the harbor.
(11)
To consult with and advise the Chief of Police on matters relating
to the Police Bay Constables.
(12)
To consult with and advise the Fire Chief on matters relating
to fire protection in the harbor.
(13)
To consult with and advise the Recreation and Parks Commission
on all matters of joint interest.
(14)
To maintain liaison and consult with and advise appropriate
federal, state and county officials on matters relating to the harbor.
(15)
To submit to the Village Board of Trustees an annual report
of the Harbor and Coastal Zone Management Commission's activities.
(16)
To approve or disapprove requests for building permits for marine
structures and perimeter permits in accordance with the provisions
of this chapter.
B.
The Harbor and Coastal Zone Management Commission shall be further
charged with the responsibility and duty of having reviewed the Village
of Mamaroneck Local Waterfront Revitalization Program, as amended,
with a view of using said document as a guideline in order that it
may establish meaningful dialogue between the Harbor and Coastal Zone
Management Commission and the Village Board of Trustees and other
boards and commissions of the Village, county, state and federal agencies.
Further, the Harbor and Coastal Zone Management Commission shall assist
the Village Board of Trustees and make recommendations to the Village
Board of Trustees which may be contained in any subsequent study involving
the Local Waterfront Revitalization Program for the Village of Mamaroneck.
C.
The Harbor and Coastal Zone Management Commission shall, in conjunction
with the assistance of the Village Manager, develop data and application
for financial grants from the federal, state and county governments
to undertake the various studies and to obtain outside professional
assistance as discussed in the Village of Mamaroneck Local Waterfront
Revitalization Program.
D.
The Harbor and Coastal Zone Management Commission shall diligently
pursue the implementation of New York State coastal zone legislation,
maintaining close communication and dialogue with responsible state
and county agencies and legislators.
E.
The Harbor and Coastal Zone Management Commission will comply with
the requirements of the Open Meetings Law of the State of New York
(Public Officers Law § 100 et seq.), even if that law does
not apply because the Commission is acting in an advisory capacity.
[Added 6-11-2018 by L.L.
No. 7-2018, effective 6-19-2018]
The Harbor and Coastal Zone Management Commission may hire any
consultant and/or expert necessary to assist the Harbor and Coastal
Zone Management Commission in reviewing and evaluating any applications
before it, the cost of which shall be borne by the applicant.
