[HISTORY: Adopted by the City Council of the City of Ogdensburg 1-26-1987 by L.L. No. 1-1987. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of
Ogdensburg LWRP Consistency Law."
The purpose of this chapter is to provide for the protection
and beneficial use of the natural and man-made resources within the
City of Ogdensburg waterfront area by ensuring that certain actions
to be undertaken, approved or funded by city agencies will be undertaken
in a manner consistent with the policies and purposes of the Ogdensburg
Local Waterfront Revitalization Program (LWRP).
This chapter is adopted under authority of the Municipal Home
Rule Law, Article 42 of the Executive Law of New York State, the State
Environmental Quality Review Act[1] and the State Environmental Quality Review Regulations,
as amended.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
All agencies of the City of Ogdensburg must comply with the
State Environmental Quality Review Act,[1] the State Environmental Quality Review Regulations and
this chapter prior to carrying out any action within the waterfront
area when such action is classified as Type I or unlisted under Part
617.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
A.
ACTION
CITY
CITY AGENCY
CITY COUNCIL
EAF
EIS
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
PART 617
PLANNING BOARD
POLICIES AND PURPOSES OF THE OGDENSBURG LOCAL WATERFRONT REVITALIZATION
PROGRAM (LWRP)
SEQR
WAF
WATERFRONT AREA
As used in this chapter, the following terms shall have the meanings
indicated:
Either a Type I or unlisted action as defined in SEQR regulations
at 6 NYCRR 617.2.
The City of Ogdensburg.
Any board, department, office, other bodies or officers of
the City of Ogdensburg, except that it does not include the Planning
Board.
The City Council of the City of Ogdensburg.
Environmental assessment form as defined at 6 NYCRR 617.2(l).
Environmental impact statement as defined at 6 NYCRR 617.2(m).
The local program to implement the New York State Coastal
Management Program within the City of Ogdensburg as approved by the
Secretary of State pursuant to the Waterfront Revitalization and Coastal
Resources Act of 1981 (Article 42 of the Executive Law of New York
State).
The State Environmental Quality Review Regulations. (Part
617 of Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.)
The City of Ogdensburg Planning Board.
Those policies as listed and explained in Section 3, as well
as the proposed land and water uses and projects as found in Section
4 of the Ogdensburg Local Waterfront Revitalization Program Document
duly adopted by the City Council of the City of Ogdensburg, a copy
of which is on file in the City Clerk's office and available
for inspection during normal business hours.
The State Environmental Quality Review Act (Article 8 of
the Environmental Conservation Law, which is Chapter 43-b of the Consolidated
Laws of the State of New York).
Waterfront assessment form as adopted by the City Planning
Board.
That portion of the New York State Coastal Area within the
City of Ogdensburg Local Waterfront Revitalization Program.
B.
All other terms for which definitions are given in SEQR and/or Part
617 shall have the same meanings in this chapter.
In complying with the initial review requirements under Section
5 of Part 617, the Director of Planning and Development (or such other
officer of the city as may be designated by resolution of the City
Council) shall:
A.
Advise each city agency proposing to undertake a Type I or unlisted action requiring a determination of environmental significance pursuant to SEQR and Part 617, whether such action is also located in the waterfront area requiring a determination of environmental significance pursuant to SEQR and Part 617, whether such action is also located in the waterfront area requiring a determination of consistency pursuant to § 135-8 of this chapter.
B.
When a determination of consistency is required pursuant to Subsection A above, provide each city agency proposing to undertake such an action with the following:
C.
Assist each city agency proposing to undertake such an action in
identifying other involved state, county and/or city agencies.
Each city agency proposing to undertake a Type I action in the
waterfront area shall refer the WAF and other pertinent information
for that action to the Planning Board for review and recommendation
regarding the action's consistency with the policies and purposes
of the LWRP. A city agency proposing to undertake an unlisted action
in the waterfront area may refer the WAF and other pertinent information
for that action to the Planning Board when deemed necessary and appropriate.
In either case, the Planning Board shall complete its review of the
proposed action's consistency and prepare a written recommendation
to the referring city agency within 30 days of the referral date.
Prior to undertaking a proposed Type I or unlisted action in
the waterfront area, each city agency shall determine the consistency
of such action with the policies and purposes of the Ogdensburg Local
Waterfront Revitalization Program (LWRP) in accord with Subsection
A or B of this section, whichever applies:
A.
Following a determination pursuant to Sections 6 and 7 of Part 617 that the proposed action will not have any significant adverse environmental impacts and, if referred to the Planning Board for review and recommendation pursuant to § 135-7 of this chapter, either upon receipt of such recommendation in writing or after the lapse of 30 days allotted for the Planning Board recommendation; or
B.
As part of findings prepared by that city agency pursuant to Section
9 of Part 617, if the proposed action has been determined to be significant
adverse environmental impacts and made subject to the environmental
impact statement (EIS) procedures of Section 8 of Part 617, find and
certify in writing that the action will not substantially hinder the
achievement of any of the policies and purposes of the LWRP.
(1)
If the action will substantially hinder the achievement of any policy
or purpose of the LWRP, the city agency shall instead find and certify
that the following three requirements are satisfied:
(a)
No reasonable alternatives exist that would permit the action
to be taken in a manner which would not substantially hinder the achievement
of such policy or purpose;
(b)
The action taken will minimize all adverse effects on the local
policy and purpose to the maximum extent practicable; and
(c)
The action will result in an overriding regional or statewide
public benefit.
(2)
Such certification shall constitute a determination that the action
is consistent to the maximum extent practicable with the LWRP.
