[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 6-30-1986 by L.L. No. 5-1986 (Ch. 85 of the 1975
Code). Amendments noted where applicable.]
A.
This chapter is adopted pursuant to the Waterfront
Revitalization and Coastal Resources Act of the State of New York
(Article 42 of the Executive Law).[1]
[1]
Editor's Note: The title of this Act was amended
by L. 1986, c. 366, to read "Waterfront Revitalization of Coastal
Areas and Inland Waterways."
B.
This chapter is intended to provide a framework for
agencies of the Town of Mamaroneck to consider the policies and purposes
contained in the Local Waterfront Revitalization Program when reviewing
applications for actions or direct agency actions and to assure to
the maximum extent practicable that such actions are consistent with
said policies and purposes.
C.
It is the intention of the Town of Mamaroneck that
the preservation, enhancement and utilization of the natural and man-made
resources of the Town of Mamaroneck's unique coastal area take place
in a coordinated and comprehensive manner to ensure the proper balance
between natural resources and the need to accommodate population growth
and economic development. Accordingly, it is the purpose of this chapter
to achieve a balance permitting the beneficial use of coastal resources
while preventing loss of living marine resources and wildlife; diminution
of open space areas or public access to the waterfront; erosion of
shoreline; impairment of scenic beauty; losses due to flooding, erosion
and sedimentation; or permanent adverse changes to ecological systems.
D.
The purpose of this chapter is to recognize modifications
in the regulations adopted by the State of New York for implementation
of the State Environmental Quality Review Act[2] and the need to modify this consistency law in view of
these changes.
[Added 1-1-1998 by L.L. No. 1-1998]
[2]
Editor's Note: See § 8-0101 et seq.
of the Environmental Conservation Law.
As used in this chapter, the following terms
shall have the meanings indicated:
Any activity, funding or permit undertaken by or subject
to the approval of an agency of the Town of Mamaroneck other than
the following:
Maintenance or repair involving no substantial
changes in an existing structure or facility.
Replacement, rehabilitation or reconstruction
of a structure or facility, in kind, on the same site, including upgrading
buildings to meet building or fire codes.
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.
Repaving of existing highways not involving
the addition of new travel lanes.
Street openings and right-of-way openings for
the purpose of repair or maintenance of existing utility facilities.
Maintenance of existing landscaping or natural
growth.
Extension of utility distribution facilities,
including gas, electric, telephone, cable, water and sewer connections
to render service in approved subdivisions or in connection with any
action on this list.
Granting of individual setback and lot line
variances.
Granting of an area variance(s) for a single-family,
two-family or three-family residence.
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 clear-cutting
or the application of herbicides or pesticides.
Minor temporary uses of land having negligible
or no permanent impact on the environment.
Installation of traffic control devices on existing
streets, roads and highways.
Mapping of existing roads, streets, highways,
natural resources, land uses and ownership patterns.
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.
Official acts of a ministerial nature involving
no exercise of discretion, including building permits where issuance
is predicated solely on the applicant's compliance or noncompliance
with the relevant local building or preservation code(s).
Routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment.
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 actions.
Collective bargaining activities.
Investments by or on behalf of agencies or pension
or retirement systems or refinancing existing debt.
Inspections and licensing activities relating
to the qualifications of individuals or businesses to engage in their
business or profession.
Purchase or sale of furnishings, equipment or
supplies, including surplus government property, other than the following:
land, radioactive material, pesticides, herbicides or other hazardous
materials.
License, lease and permit renewals, or transfers
of ownership thereof, where there will be no material change in permit
conditions or the scope of permitted activities.
Adoption of regulations, policies, procedures
and local legislative decisions in connection with any action on this
list.
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 this chapter have
been fulfilled.
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.
Adoption of a moratorium on land development
or construction.
Interpreting an existing code, rule or regulation.
Designation of local landmarks or their inclusion
within historic districts.
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 this chapter.
Applications for area variances for signs located
on existing structures.
An opinion rendered by the Coastal Zone Management Commission
to any agency or department of the Town on a matter which is an action
as defined by this chapter.
[Added 1-1-1998 by L.L. No. 1-1998]
Any department, board, commission, public authority or other
agency of the Town of Mamaroneck which has jurisdiction by law to
approve or directly undertake a given action.
The Town of Mamaroneck-Village of Larchmont Coastal Zone
Management Commission established by Local Law No. 4-1986.[1]
[Amended 1-1-1998 by L.L. No. 1-1998]
An action planned and proposed for implementation by the
municipality or any public or quasi-public agency. "Direct actions"
include but are not limited to capital projects, procedure-making,
policy-making and zoning.
The Local Waterfront Revitalization Program of the Town of
Mamaroneck and the Village of Larchmont, adopted in 1986 pursuant
to Article 42 of the Executive Law of the State of New York and as
amended from time to time.
[Amended 1-1-1998 by L.L. No. 1-1998]
A.
When an agency or department of the Town shall undertaken,
fund or approve any activity defined as an action within the meaning
of this chapter, it shall submit any such proposed activity to the
Commission for an advisory opinion, provided that such activity relates
to construction, reconstruction, improvement or renovation of any
land or structure.
B.
An application to the Planning Board, Zoning Board
of Appeals or the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration for approval of a plan for
a proposed direct action shall be accompanied by a full environmental
assessment form (EAF) and a coastal assessment form (CAF).
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
A.
The Chairman of the Commission shall determine if
the application or direct action description and any supporting material
submitted constitutes a full statement for the purpose of determining
consistency with the LWRP. The Chairman may request other material
the Commission believes is necessary for a complete review.
[Amended 1-1-1998 by L.L. No. 1-1998]
B.
Commission's opinion to be rendered.
[Amended 1-1-1998 by L.L. No. 1-1998]
(1)
The Commission, within 30 days of its receipt of the
complete application, shall render an opinion, in writing, to the
referring agency covering the following questions:
(2)
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.
A.
Determination.
(1)
If the Commission finds, in its opinion rendered under § 234-4B, that the proposed action will substantially hinder the achievement of or be substantially inconsistent with one or more policies of the LWRP, the referring agency shall, as soon as possible upon receiving the Commission's opinion and before commencing or permitting such action, issue a written statement either accepting the Commission's opinion with regard to such inconsistency or setting it aside, in whole or in part.
(2)
Acceptance of inconsistency.
(a)
If any part of the finding of inconsistency
is accepted, the proposed action may not be undertaken unless and
until the referring agency determines with respect to the proposed
action or any revision thereof which may be devised by it or presented
to it in a revised application that:
(b)
In the case of a direct action, the determination
must further include a finding that the action will result in an overriding
public benefit.
(3)
A determination by the referring agency, under Subsection A(2)(a)[1] and [2] and, where applicable, Subsection A(2)(b), shall constitute a determination that the action is consistent to the maximum extent practicable with the approved LWRP as required by the Executive Law, Article 42.
B.
In making any determination under Subsection A, the referring agency shall take the opinion of the Commission fully into account and make it part of the public record of its proceedings. Where the referring agency acts contrary to the opinion of the Commission, it shall so notify the Commission, in writing, and shall state its reasons therefor in its determination and in its notice to the Commission.
[Amended 1-1-1998 by L.L. No. 1-1998]
