[HISTORY: Adopted by the Board of Trustees of the Village of Bayville 10-28-2002 by L.L. No. 7-2002. Amendments noted where applicable.]
Boats and docks — See Ch. 9.
Coastal erosion hazard area — See Ch. 20.
Environmental Conservation Commission — See Ch. 24.
Flood damage prevention — See Ch. 27.
Freshwater protection — See Ch. 28.
Open space preservation — See Ch. 43.
Subdivision of land — See Ch. 66.
Waterfront Revitalization Committee — See Ch. 78.
Zoning — See Ch. 80.
This chapter will be known as the "Village of Bayville Waterfront Consistency Review Law."
This chapter is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law).
The purpose of this chapter is to provide a framework for agencies of the Village of Bayville 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 assure that such actions and direct actions are consistent with said policies and purposes.
It is the intention of the Village of Bayville that the preservation, enhancement and utilization of the natural and man-made resources of the unique coastal area of the Village take place in a coordinated and comprehensive manner to ensure a proper balance between natural resources and the need to accommodate economic development. Accordingly, this chapter is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing loss of estuarine resources and wildlife; diminution of open space areas or public accesses to the waterfront; erosion of shoreline; impairment of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems.
The substantive provisions of this chapter shall apply only while there is in existence a Village Local Waterfront Revitalization Program which has been adopted by the Village and approved by the Secretary of State.
As used in this chapter, the following terms shall have the meanings indicated:
- A. Either Type I or unlisted actions as defined in SEQRA regulations (6 NYCRR 617.2) which are undertaken by an agency and which include:
- (1) 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:
- (2) Agency planing and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions.
- (3) Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment.
- (4) Any combination of the above.
- B. This chapter does not apply to excluded or exempt actions as defined in the SEQRA regulations (6 NYCRR Part 617). The following Type II actions are not subject to review under this chapter:
- (1) Maintenance or repair involving no substantial changes in an existing structure or facility.
- (2) Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming.
- (3) Repaving of existing highways not involving the addition of new travel lanes.
- (4) Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities.
- (5) Maintenance of existing landscaping or natural growth.
- (6) Routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings, but not changes in use related to such closings.
- (7) Extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to tender service in approved subdivisions or in connection with any actions on this list.
- (8) Granting of individual setback and lot line variances.
- (9) Granting of an area variance(s) for a single-family, two-family or three-family residence.
- (10) Public or private best forest management (silvicultural) practices on less than 10 acres of land, but not including waste disposal, land clearing not directly related to forest management, clearcutting or the application of herbicides or pesticides.
- (11) Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns.
- (12) Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soil studies that do not commit the agency to undertake, fund or approve any Type I or unlisted action.
- (13) Official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s).
- (14) Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment.
- (15) Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided that those activities do not commit the agency to commence, engage in or approve such action.
- (16) Collective bargaining activities.
- (17) Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt.
- (18) Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession.
- (19) Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than land, radioactive material, pesticides, herbicides or other hazardous materials.
- (20) Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list.
- (21) Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of 6NYCRR Part 617.5 have been fulfilled.
- (22) Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion.
- (23) Adoption of a moratorium on land development or construction.
- (24) Interpreting an existing code, rule or regulation.
- (25) Designation of local landmarks or their inclusion within historic districts.
- (26) Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of 6 NYCRR Part 617.5.
- Any board, agency, department, office, other body or officer of the Village of Bayville.
- Any person, other than the agency, who proposes an action located in the Village's coastal area.
- BUILDING INSPECTOR
- The Building Inspector of the Village of Bayville.
- COASTAL AREA
- That portion of 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 Village of Bayville, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Village of Bayville Local Waterfront Revitalization Program.
- COASTAL ASSESSMENT FORM (CAF)
- The form contained in Appendix A, completed by an agency to assist it in assuring that the action being proposed is consistent with the policy and purposes of the LWRP.
- The action will fully comply With the LWRP policies and purposes and, whenever practicable, will advance one or more of them.
- DIRECT ACTIONS
- Actions planned and proposed for implementation by a Village, such as, but not limited to, a capital project, rule-making, procedure-making and policy-making.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program of the Village of Bayville, approved by the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act (Executive Law, Article 42), a copy of which is on file in the office of the Clerk of the Village of Bayville.
- WATERFRONT REVITALIZATION COMMITTEE
- The Waterfront Revitalization Committee of the Village of Bayville, as established by Chapter 78 of the Village Code.
Editor's Note: Appendix A is included at the end of this chapter.
The Committee is authorized to review and make recommendations to appropriate agencies regarding the consistency of proposed actions with the Village of Bayville Local Waterfront Revitalization Program policy standards and conditions.
Whenever a proposed action is located in the Village's coastal 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 G herein.
Whenever an agency receives an application for approval or funding of an action or as early as possible in the agency's formulation of a direct action to be located in the coastal area, the applicant, or in the case of a direct action, the agency, shall prepare a coastal assessment form (CAF) to assist with the consistency review of the proposed action,
The agency shall refer a copy of the completed CAF to the Committee within 10 days of its submission and prior to making its determination shall consider the recommendation of the Committee with reference to the consistency of the proposed action.
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The Committee shall require the applicant to submit all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendation.
The Committee shall render its written recommendation to the agency within 30 days following referral of the CAF from the agency, unless extended by mutual agreement of the Committee and the applicant or, in the case of direct action, the agency. The recommendation shall indicate whether, in the opinion of the Committee, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or conditions and shall elaborate in writing the basis for its opinion.
The Committee shall, along with its consistency recommendations, make any suggestions to the agency concerning modification of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them.
In the event that the Committee's recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Committee's recommendation.
The agency shall make the determination of consistency based on the CAF, the Committee's recommendation and such other information as is deemed necessary in its determination. The agency shall issue its determination within 30 days following receipt of the Committee's recommendation and submission by the applicant of any additional required information. The agency shall have the authority, in the finding of consistency, to impose practicable and reasonable conditions on any action to ensure that it is carried out in accordance with this chapter.
Actions to be undertaken within the Bayville 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 Village of Bayville LWRP, a copy of which is on file in the Village Clerk's office and available for inspection during normal business hours. Agencies which undertake direct actions shall also consult with Section IV of the LWRP in making their consistency determination. The action shall be consistent with:
Policy 1: Foster a pattern of development in the Long Island Sound coastal area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development.
Policy 1.1: Concentrate development and redevelopment in or adjacent to the Village of Bayville.
Policy 1.2: Ensure that development or uses take appropriate advantage of their coastal location.
Policy 1.3: Protect stable residential areas.
Policy 1.4: Maintain and enhance natural areas, recreation, and open space.
Policy 1.5: Minimize adverse impacts of new development and redevelopment.
Policy 1.6: Undertake redevelopment in a manner that maintains a mix of recreational and working waterfront uses and other compatible uses.
Policy 1.7: Undertake redevelopment consistent with environmental and physical conditions, particularly with respect to surface water drainage.
Policy 1.8: Formulate appropriate measures to mitigate flood-prone roads and low-lying areas through interagency cooperation.
Policy 1.9: Eliminate the presence of nonconforming commercial uses in residential zoning districts, where such uses create conflicts with existing residential development.
Policy 1.10: Explore the feasibility of consolidating Village land holdings to create larger areas of contiguous public property.
Policy 2: Preserve historic resources of the Long Island Sound coastal area.
Policy 2.1: Maximize preservation and retention of historic resources.
Policy 2.2: Protect and preserve archaeological resources.
Policy 2.3: Protect and enhance resources that are significant to the coastal culture of the Village of Bayville.
Policy 2.4: Increase public awareness of the historical resources of the Village.
Policy 3: Enhance visual quality and protect scenic resources throughout Long Island Sound.
Policy 3.1: Protect and improve visual quality throughout the Bayville local waterfront area.
Policy 4: Minimize loss of life, structures and natural resources from flooding and erosion.
Policy 4.1: Minimize losses of human life and structures from flooding and erosion hazards.
Policy 4.2: Preserve and restore natural protective features.
Policy 4.3: Protect public lands and public trust lands and use of these lands when undertaking all erosion or flood control projects.
Policy 4.4: Manage navigation infrastructure to limit adverse impacts on coastal processes.
Policy 4.5: Ensure that expenditure of public funds for flooding and erosion control projects results in a public benefit.
Policy 4.6: Consider a sea level rise when siting and designing projects involving substantial public expenditures.
Policy 4.7: Minimize adverse impacts associated with existing flooding and erosion.
Policy 5: Protect and improve water quality and supply in the Long Island Sound coastal area.
Policy 5.1: Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards.
Policy 5.2: Manage land use activities and use best management practices to minimize nonpoint pollution of coastal waters.
Policy 5.3: Protect and enhance the quality of coastal waters.
Policy 5.4: Limit the potential for adverse impacts of watershed development on water quality and quantity.
Policy 5.5: Protect and conserve the quality and quantity of potable water.
Policy 5.6: Where feasible, and as budgetary considerations allow, mitigate existing stormwater-derived sources of contamination to the Mill Neck/Oak Neck Creek System and Oyster Bay Harbor.
Policy 6: Protect and restore the quality and function of the Long Island Sound ecosystem.
Policy 6.1: Protect and restore ecological quality in the Village of Bayville.
Policy 6.2: Protect and restore the Mill Neck Creek Wetlands and Oyster Bay Harbor Significant Coastal Fish and Wildlife Habitats.
Policy 6.3: Protect and restore tidal wetlands.
Policy 6.4: Protect vulnerable fish, wildlife and plant species and rare ecological communities.
Policy 6.5: Restore tidal wetlands along the shores of Oyster Bay Harbor and the Mill Neck/Oak Neck Creek system.
Policy 6.6: Protect natural resources and associated values in the Oyster Bay-Cold Spring Harbor Regionally Important Natural Area.
Policy 7: Protect and improve air quality in the Long Island Sound coastal area.
Policy 8: Minimize environmental degradation in the Long Island Sound coastal area from solid waste and hazardous substances and wastes.
Policy 8.1: Manage solid waste to protect public health and control pollution.
Policy 8.2: Manage hazardous wastes to protect public health and control pollution.
Policy 8.3: Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health.
Policy 8.4: Prevent and remediate discharges of petroleum products.
Policy 8.5: Transport solid waste, and hazardous substances and waste, in a manner that protects the safety, well-being, and general welfare of the public; the environmental resources of the state; and the continued use of transportation facilities.
Policy 9: Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Long Island Sound coastal area.
Policy 9.1: Promote appropriate and adequate physical public access and recreation throughout the Village of Bayville.
Policy 9.2: Preserve visual access from public lands to coastal lands and water and, where physically appropriate and feasible, enhance existing public facilities to provide new opportunities for the viewing of the scenic resources within the Village of Bayville.
Policy 9.3: Preserve the public interest in and use of lands and water held in public trust by the Village of Bayville, Town of Oyster Bay, State of New York and federal government.
Policy 9.4: Assure public access to public trust lands and navigable waters.
Policy 9.5: Ensure that the form of new or enhanced public access at any given location is based on site-specific environmental, infrastructural, and social constraints.
Policy 9.6: Enhance the Mill Neck Preserve for passive recreational uses in association with habitat restoration.
Policy 9.7: Ensure that vessel operations do not significantly impair the use of established bathing beaches.
Policy 9.8: Retain existing public lands in public ownership in perpetuity, so as to ensure that adequate facilities are available for public access and recreation.
Policy 10: Protect Long Island Sound's water-dependent uses and promote siting of new water-dependent uses In suitable locations.
Policy 10.1: Protect existing water-dependent uses in the Village of Bayville.
Policy 10.2: Improve the economic viability of water-dependent uses by allowing for non-water-dependent accessory and multiple uses in the Village, particularly water-enhanced and maritime support services.
Policy 10.3: Minimize adverse impacts of new and expanding water-dependent uses, and provide for their safe operation.
Policy 10.4: Provide sufficient infrastructure for water-dependent uses.
Policy 10.5: Promote efficient harbor operation.
Policy 10.6: Optimize surface water uses for various user groups, while minimizing adverse effects on natural resources and the human environment.
Policy 10.7: Facilitate timely public dredging projects.
Policy 10.8: Seek to establish a cooperative mechanism among the adjacent municipalities sharing jurisdiction over the water surface area in the Bayville LWRA, in order to ensure effective oversight of in-water activities.
Policy 11: Promote sustainable use of living marine resources in Long Island Sound.
Policy 11.1: Ensure the long-term maintenance and health of living marine resources.
Policy 11.2: Provide for commercial and recreational use of the Bayville LWRA's finfish, shellfish, crustaceans, and marine plants.
Policy 11.3: Maintain and strengthen a stable commercial fishing fleet in the Village of Bayville.
Policy 11.4: Promote recreational use of marine resources.
Policy 11.5: Promote managed harvest of shellfish originating from uncertified waters.
Policy 11.6: Promote aquaculture.
Policy 12: Protect agricultural lands in the eastern Suffolk County portion of Long Island Sound's coastal area.
Policy 13: Promote appropriate use and development of energy and mineral resources.
Actions not consistent with LWRP policy standards and conditions.
If the Village agency determines 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 Village agency makes a written finding with respect to the proposed action that:
No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions;
The action will be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions;
The action will advance one or more of the other LWRP policy standards and conditions; and
The action will result in overriding Village, regional or statewide public benefit.
Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.
Each Village agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Waterfront Revitalization Committee. Such files shall be made available for public inspection upon request.
The Village 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 Village Building Inspector has been presented with a written determination from a Village agency that the action is consistent with the Village's LWRP policy standards and conditions.
A person who violates any of the provisions of or who fails to comply with any conditions imposed by this chapter shall be guilty of a violation, punishable by a fine not exceeding $500 for a conviction of a first offense and punishable by a fine not exceeding $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 continuing violation shall constitute a separate additional offense.
The Village Attorney 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 Village may also enforce this chapter by injunction or other civil proceeding.