[HISTORY: Adopted by the Board of Trustees of the Village of Waterford 1-24-2007
by L.L. No. 4-2007. Amendments noted where applicable.]
This chapter will be known as the "Village of Waterford Waterfront Consistency
Law."
A.
This chapter is adopted under the authority of the Municipal
Home Rule Law § 10 and the Waterfront Revitalization of Coastal
Areas and Inland Waterways 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 or boards of the Village of Waterford 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
waterfront area; and to assure that such actions and direct actions are consistent
with the said policies and purposes.
C.
The Village hereby declares that the preservation, enhancement
and utilization of the natural and manmade resources of the unique waterfront
area of the Village should 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 waterfront resources
while preventing:
D.
The substantive provisions of this chapter shall only
apply while there is in existence a 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:
Either Type I or unlisted actions as defined in the State Environmental
Quality Review Act ("SEQRA") regulations (Part 617 of Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York or 6
NYCRR Part 617), which are undertaken by an agency and that 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:
Are directly undertaken by an agency; or
Involve funding by an agency; or
Require one or more new modified approvals from an agency or agencies;
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; and
Any combinations of the above.
Any board, agency, department, office, other body, or office of the
Village of Waterford.
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
policy making.
The Local Waterfront Revitalization Program of the Town and Village
of Waterford, 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 is on file in the Office of the Village Clerk in the
Village of Waterford.
The Waterfront Revitalization Area as delineated in the Town and
Village of Waterford Local Waterfront Revitalization Program.
The form used by an agency to assist it in determining the consistency
of an action with the Local Waterfront Revitalization Program.
A.
Whenever a proposed action is located in the Village's waterfront revitalization area, an agency shall, prior to approving funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection H herein.
B.
Whenever an agency undertakes, funds or approves a Type
I or unlisted action, the agency must determine if the action will be undertaken
within the waterfront area and, if so, prepare a waterfront assessment form
to assist with the consistency review.
C.
The agency shall refer a copy of the completed WAF to
the Planning Board within 10 days of its submission, and prior to making its
determination, shall consider the recommendation of the Planning Board with
reference to the consistency of the proposed action.
D.
In making its recommendation, the Planning Board shall
consider whether the proposed action is consistent with the LWRP policy standards.
The agency engaging in the action is responsible for consistency and is not
bound by the recommendation of the Planning Board.
E.
The Planning Board shall render a written recommendation
within 30 days following referral of the WAF from the agency, unless extended
by mutual agreement of the Board and the applicant or agency. The recommendation
shall indicate whether, in the opinion of the Planning Board, the proposed
action is consistent with the LWRP policy standards. The Planning Board shall,
along with the consistency recommendation, address specific policy standards
as appropriate and suggest modifications to the action to make it consistent
with such standards. In the event that the Planning Board's recommendation
is not forthcoming within the specified time, the referring agency shall make
its decision without the benefit of the Board's recommendation.
F.
Written finding of LWRP inconsistency.
(1)
If an agency determines that an 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 that would permit the
action to be undertaken in a manner which will 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; and
(d)
The action will result in an overriding city, regional
or state-wide public benefit.
(2)
Such a finding will constitute a determination that the
action is consistent with the LWRP policy standards and conditions.
G.
Each agency shall maintain a file for each action made
the subject of a consistency determination, including any recommendations
received from the Planning Board. Such files shall be made available for public
inspection upon request.
H.
Actions to be undertaken within the waterfront 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 Ill of the Town and Village of Waterford LWRP. In the
case of direct actions, the agency shall also consult with Section IV of'
the LWRP in making their consistency determination. The action shall be consistent
with the policies to:
(1)
Foster a pattern of development in the waterfront area
that enhances community character, preserves open space, makes efficient use
of infrastructure, makes beneficial use of a waterfront location, and minimizes
adverse effects of development.
(2)
Protect the water-dependent and water-enhanced uses,
promote siting of new water-dependent or water-enhanced uses in suitable locations,
and support efficient marina operation.
(3)
Promote the sustainable use of fish and wildlife resources.
(4)
Protect and restore ecological resources, including significant
fish and wildlife habitats, wetlands, and rare ecological communities.
(5)
Protect and improve water resources.
(6)
Minimize loss of life, structures, and natural resources
from flooding and erosion.
(7)
Protect and improve air quality.
(8)
Promote appropriate use and development of energy and
mineral resources.
(9)
Minimize environmental degradation from solid waste and
hazardous substances and wastes.
(10)
Improve public access to, and recreational use of, public
lands, waters and resources of the waterfront revitalization area.
(11)
Enhance visual quality and protect scenic resources.
(12)
Preserve historic resources.
A.
The Fire Prevention and Building Inspector shall be responsible
for enforcing this chapter. No work or activity on a project in the waterfront
area which is subject to review under this chapter shall be commenced or undertaken
until the Fire Prevention and Building Inspector has been presented with a
written determination from an agency that the action is consistent with the
Village's LWRP policy standards and conditions.
B.
In the event that an activity is not being performed
in accordance with this chapter or any conditions imposed thereunder, the
Fire Prevention and 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 a stop-work order is in effect.
A.
Any person who shall violate any of the provisions of
this chapter shall be guilty of a violation and subject to one or more of
the following remedies: a fine not to exceed $350 or imprisonment for a period
not to exceed 15 days, or both; or a penalty of $350 to be recovered by the
Village in a civil action. The Board of Trustees of the Village of Waterford
may also maintain an action or other proceeding in the name of the Village
in a court of competent jurisdiction to compel compliance with or restrain
by injunction the violation of any provision of this chapter.
B.
The Village Attorney may be authorized by resolution
of the Board of Trustees 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 of provision hereof other than the provision
so found to be invalid.
This chapter shall take effect immediately upon its filing with the
office of the Secretary of State in accordance with § 27 of the
Municipal Home Rule Law.
