[HISTORY: Adopted by the Board of Trustees of the Village of Piermont
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-17-1978 by L.L.
No. 3-1978]
This article shall be known as the "Waterfront and Waterways Local Law
of the Village of Piermont."
The provisions of this article shall apply to all waters or waterways
within or adjacent to the village or subject to its jurisdiction, except when
prohibited by laws of the United States or the State of New York and except
the waters or waterways under the supervision of any other municipality.
All provisions of the Navigation Law of this state, of the inland rules
enacted by Congress and governing the navigation of the inland waters of the
United States and of the Pilot Rules for the United States inland waters applicable
to the channel systems, relative to the rules for vessels passing each other,
as to lights on vessels and other matters consistent with the proper use of
waters and waterways shall be complied with by all vessels navigating said
waters and waterways under the jurisdiction of the village.
All provisions of the laws of this state and of the United States relative
to the use and operation of aircraft shall be complied with by all seaplanes
navigating and using waterways under the jurisdiction of the village.
As used in this article, the following terms shall have the meanings
indicated:
Includes every description of watercraft, barge or other contrivance
used in or capable of being used as a means of transportation in water and
in air.
A barge or similar craft fitted for use as a dwelling or for leisurely
cruising.
Includes aircraft of every description having attached thereto devices
or contrivances which permit takeoff and landing from or to water.
Every person operating a boat shall at all times operate the same in
a careful and prudent manner and at such rate of speed as not to disturb the
reasonable comfort or endanger the property of another or the life or limb
of any person or so as to interfere with the free and proper use of the waters
within the village. Throwing up a dangerous wake when approaching or passing
another boat shall be prohibited.
No boat, except one propelled by hand, shall cruise or be operated within
100 feet of any lifeline or bathing float or, if there is no lifeline or bathing
float, within 200 feet of any beach regularly used for bathing or swimming.
No boat shall be operated at a speed greater than five miles per hour
in any basin, dock anchorage, bathing area, creek or canal, nor at a speed
greater than 12 miles per hour in the channel between the channel markers
in waters within the village.
A.
Boats shall not moor or anchor so as to endanger the
safety of or cause damage to any boat previously laid down nor, in any case,
within 50 feet of a channel marker or in such manner as to interfere with
full use of any channel.
B.
Any boats moored or anchored in violation of this section
shall be removed by the owner or person in charge thereof on order of the
Village Board. If said boat is not removed after orders to so remove it, it
may be removed by or at the discretion of the Village Board or any duly authorized
officer or agent thereof at the expense of the owner or person in charge of
said vessel.
A.
License required. No person shall moor or anchor any
houseboat or similar craft within village waters for a period of more than
48 hours without having obtained a license therefor after having filed an
application and paid the licensing fee in accordance with a schedule established
by resolution of the Board of Trustees and otherwise having complied with
the provisions of this article. Such license shall be renewed weekly.
B.
Inspection. Inspection of every such craft shall be made
upon orders of the Mayor, and if the applicant's use of the maritime waters
would, in the Mayor's opinion, endanger the safety, good order, morals or
welfare of the community, the Mayor shall refuse to issue a license.
Any vessel which becomes a menace to navigation or unseaworthy or sinks,
grounds or becomes otherwise disabled shall be removed by the owner or person
in charge thereof on order of the Village Board. If said boat is not removed
after order to remove it, it may be removed by or at the direction of the
Village Board at the expense of the owner or person in charge of said vessel.
Waterskiing, aquaplaning or similar sports are hereby prohibited in
any waters within the village or within 100 feet of the shoreline.
A.
Prohibited locations. No scuba and skin diving shall
be undertaken in any waterway under the jurisdiction of the village where
the same may interfere with the reasonable and proper operation of vessels
or within 200 feet of any beach regularly used for bathing or swimming or
within 100 feet of any person bathing or swimming, except when conducted by
authorized personnel in emergencies and in drills.
B.
Use of spear guns. No person shall use or discharge under
water any spear gun or similar apparatus within 200 feet of any beach regularly
used for bathing or swimming or within 100 feet of any bather or swimmer.
A.
The owner, lessee or occupant of waterfront property
shall keep the same clean and in good repair in order not to constitute a
menace to navigation or to the health and well-being of the community.
B.
Inspections and notices. Regular inspections shall be
made by village officials of waterfront properties, their structure and appurtenances
to determine their condition and method of operation. If defects or violation
of law are found upon such inspection, notice shall be served upon the owner,
lessee or occupant to correct the same in the manner specified in the notice.
Failure to comply therewith shall constitute a violation of this section.
C.
The owner, lessee or occupant of waterfront property
shall maintain vegetation, including but not limited to trees and ground and
aquatic vegetation, and erosion protection structures to prevent soil erosion
and sedimentation.
[Added 1-7-1992 by L.L. No.
6-1992]
A.
The Police Department of the Village of Piermont is hereby
empowered to enforce the provisions of this article, and every person in charge
of a vessel or seaplane navigating or using waterways under the jurisdiction
of this village shall at all times obey the lawful orders of the members of
said Police Department. Such Department shall have the right to stop any vessel
or seaplane navigating or using the waterways for the purpose of enforcing
this article.
B.
The Village Board of Piermont may also maintain an action
or proceeding in the name of the village in a court of competent jurisdiction
to compel compliance or to restrain by injunction the violation of this article.
This article shall take effect immediately upon due publication and
posting thereof pursuant to law.
[Adopted 1-7-1992 by L.L.
No. 1-1992]
This article will be known as the "Village of Piermont Waterfront Consistency
Review Law."
A.
This article 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).
B.
The purpose of this article is to provide a framework
for agencies of the Village of Piermont 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.
C.
It is the intention of the Village of Piermont 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 population growth and economic development. Accordingly,
this article is intended to achieve such a balance, permitting the beneficial
use of coastal resources while preventing the loss of living 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.
D.
The substantive provisions of this article shall only
apply while there is in existence a village 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 article, the following words shall have the meanings
indicated:
Either Type I or unlisted actions, as defined in SEQRA[1] regulations (6 NYCRR 617.2), which are undertaken by an agency
and which 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:
Agency planning and policymaking 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.
Any combinations of the above.
Any board, agency, department, office, other body or officer of the
Village of Piermont
The form used by an agency to assist it in determining the consistency
of an action with the Local Waterfront Revitalization Program.
The action will fully comply with the Local Waterfront Revitalization
Program 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 Harbor Advisory Commission of the Village of Piermont, as created
pursuant to Local Law No. 1 of 1986.
[2]The Local Waterfront Revitalization Program of the Village of Piermont,
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 Piermont.
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 Piermont, as shown on the Coastal Area Map on
file in the office of the Secretary of State and as delineated in the Village
of Piermont Local Waterfront Revitalization Program.
[Amended 11-12-1997 by L.L.
No. 6-1997]
The Planning Board of the Village of Piermont is authorized to review
and make recommendations to appropriate agencies regarding the consistency
of proposed actions with respect to the LWRP policy standards and conditions.
[Amended 11-12-1997 by L.L.
No. 6-1997]
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 § 198-23 herein.
B.
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 Waterfront Revitalization Area, the
applicant or, in the case of a direct action, the agency shall prepare a coastal
assessment form (CAF) to assist the consistency of the proposed action.
C.
The agency shall refer a copy of the completed CAF 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.
After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in § 198-23 herein. The Planning Board shall require the applicant to submit all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendations.
E.
The Planning Board 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 Planning Board and the applicant
or, in the case of direct action, the agency. The recommendation shall indicate
whether, in the opinion of the Planning Board, 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.
F.
The Planning Board shall, along with its consistency
recommendation, 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.
G.
In the event that the Planning Board recommendation is
not forthcoming within the specified time, the referring agency shall make
its decision without the benefit of the Planning Board recommendation.
H.
The agency shall make the determination of consistency
based on the CAF, the Planning Board recommendation and such other information
as is deemed to be necessary in its determination. The agency shall issue
its determination within 30 days following receipt of the Planning Board recommendation
and submission by the applicant of any additional required information. The
agency shall have the authority, in its finding of consistency, to impose
practicable and reasonable conditions on an action to ensure that it is carried
out in accordance with this article.
I.
Actions to be undertaken within the Waterfront Revitalization
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 Piermont 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 consult
with Section IV of the LWRP in making their consistency determination. The
action shall be consistent with the policy to:
(1)
Revitalize deteriorated and underutilized waterfront
areas (Policies 1, 1A, 1B and 1C).
(2)
Retain and promote commercial and recreational water-dependent
uses (Policies 2 and 2A).
(3)
Strengthen the economic base of smaller harbor areas
by encouraging traditional uses and activities (Policies 4 and 4A).
(4)
Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards (Policies
5 and 5A).
(5)
Streamline development permit procedures (Policy 6).
(6)
Protect significant and locally important fish and wildlife
habitats from human disruption and chemical contamination (Policies 7, 7A,
8, 8A and 8B).
(7)
Maintain and expand commercial fishing facilities to
promote commercial and recreational fishing opportunities (Policies 9, 9A
and 10).
(8)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected long-term structural measures and appropriate siting
of structures (Policies 11, 11A, 12, 13, 16, 17, 24, 28 and 28A).
(9)
Safeguard economic, social and environmental interests
in the coastal area when major action is undertaken (Policies 18 and 18A).
(10)
Maintain and improve public access to the shoreline and
to water-related recreational facilities while protecting the environment
(Policies 2, 2A, 19, 19A, 19B, 19C, 19D, 19E, 20, 21, 21A, 21B, 21C and 22).
(11)
Protect and restore historic and archaeological resources
(Policies 23, 23A and 23B).
(12)
Protect and upgrade scenic resources (Policies 25, 25A,
25B, 25C, 25D and 25E).
(13)
Site and construct energy facilities in a manner which
will be compatible with the environment and contingent upon the need for a
waterfront or water location (Policy 40).
(14)
Prevent ice management practices which could damage significant
fish and wildlife and their habitat (Policies 28 and 28A).
(15)
Protect surface and ground waters from direct and indirect
discharge of pollutants and from overuse (Policies 30, 30A, 31, 32, 33, 34,
34A, 35, 36, 37, 38, 39 and 39A).
(16)
Perform dredging and dredge spoil in a manner protective
of natural resources (Policies 15, 15A and 35).
(17)
Handle and dispose of solid and hazardous wastes and
effluents in a manner which will not adversely affect the environment nor
expand existing landfills (Policies 39 and 39A).
(18)
Protect air quality (Policies 41, 42 and 43).
(19)
Protect freshwater wetlands (Policies 44 and 44A).
J.
Findings.
(1)
If the 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 agency makes a written finding with
respect to the proposed action that:
(a)
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;
(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 village, regional
or statewide public benefit.
(2)
Such a finding shall constitute a determination that
the action is consistent with the LWRP policy standards and conditions.
K.
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.
The Village Building Inspector shall be responsible for enforcing this
article. No work or activity on a project in the Waterfront Revitalization
Area which is subject to review under this article shall be commenced or undertaken
until the 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. In the event that an activity is not being performed
in accordance with this article or any conditions imposed thereunder, the
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.
A person who violates any of the provisions of or who
fails to comply with any conditions imposed by this article shall have committed
a violation, punishable by a fine not exceeding $500 for a conviction of a
first offense and punishable by a fine of $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 violation.
B.
The Village Attorney is authorized and directed to institute
any and all actions and proceedings necessary to enforce this article. Any
civil penalty shall be in addition to and not in lieu of any criminal prosecution
and penalty.
