[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 8-11-2003 by L.L. No. 4-2003. Amendments noted where
applicable.]
This chapter will be known as the "Village of
Haverstraw Waterfront Consistency Review Law."
A.
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).
B.
The purpose of this chapter is to provide a framework
for agencies of the Village of Haverstraw to consider the policies
and purposes contained in the Village of Haverstraw 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 the said policies
and purposes.
C.
It is the intention of the Village of Haverstraw 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, economic development, and attract the traveling public. This
chapter is intended to achieve such a balance.
D.
The substantive provisions of this chapter shall only
apply while there is in existence a Village of Haverstraw 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 a Type I or unlisted action as defined
in State Environmental Quality Review Act (SEQRA) regulations (6 N.Y.C.R.R.
Part 617) 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 policy making activities
that may affect the environment and commit the agency to a definite
course of future decisions;
Laws, codes, ordinances, executive orders and
resolutions that may affect the environment;
Any proposed action within the Village's Local
Waterfront Revitalization Area that requires site plan review and
approval by the Village of Haverstraw; and
Any combination of the above.
This law does not apply to Type II, excluded
or exempt actions as defined in the SEQRA regulations.
Any board, agency, department, office, other body, or officer
of the Village of Haverstraw.
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 Haverstraw, as shown
on the Coastal Area Map on file in the office of the Secretary of
State and as delineated in the Village of Haverstraw Local Waterfront
Revitalization Program.
The form used by an agency to assist it in determining the
consistency of an action with the Village of Haverstraw Local Waterfront
Revitalization Program.
That the action will materially 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 the formulation of a capital project,
rule or policy.
The Local Waterfront Revitalization Program of the Village
of Haverstraw, 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 Clerk of the Village of Haverstraw.
The Planning Board of the Village of Haverstraw.
The Waterfront Advisory Committee of the Village of Haverstraw.
A.
The Planning Board is hereby authorized upon a referral
from the agency that proposes to take an action to review the proposed
action and make recommendations to that agency regarding the consistency
of that proposed action with the Village of Haverstraw Local Waterfront
Revitalization Program policy standards and conditions.
B.
The Planning Board will refer such proposals to the
duly constituted Waterfront Advisory Committee (WAC) for review and
recommendation to the Planning Board regarding the consistency of
the proposed action with the Village of Haverstraw Local Waterfront
Revitalization Program policy standards and conditions. The WAC shall
be required to report back to the Planning Board within 30 days following
referral.
C.
In the event that the WAC's recommendation shall not
be rendered within the specified time, the Planning Board shall make
its decision without the benefit of the WAC's recommendation.
A.
Whenever a proposed action is located within 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 J herein.
B.
Each agency of the Village shall be responsible for
making its own consistency determinations.
C.
Where more than one local agency is involved in reviewing a proposed action, the "lead agency" (as that term is defined in the SEQRA regulations) shall be responsible for making the determination that the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection J herein.
D.
The consistency determination process required by
this chapter shall be coordinated with the environmental review process
set forth in SEQRA to the greatest extent possible.
E.
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.
F.
The agency shall refer a copy of the completed CAF
to the Planning Board within 10 days of its submission and/or preparation,
as the case may be, and prior to making its determination, shall consider
the recommendation of the Planning Board with reference to the consistency
of the proposed action with the Village's Local Waterfront Revitalization
Program.
G.
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 Subsection J herein. The Planning Board shall require the applicant to submit such information as is reasonably necessary for the Planning Board to make to its consistency review and recommendation.
H.
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. 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.
In the event that the Planning Board's recommendation shall not be
rendered within the specified time, the referring agency shall make
its decision without the benefit of the Planning Board's recommendation.
I.
The agency shall make the determination of consistency
based on the CAF, the SEQRA environmental assessment form, the application
and other project documentation, the Planning Board recommendation,
and such other information as is reasonably deemed to be necessary
for the agency to make its determination. The agency shall issue its
determination within 30 days following receipt of the Planning Board's
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 chapter.
J.
Actions to be undertaken within the Village of Haverstraw
coastal area shall be evaluated for consistency in accordance with
the policy standards and conditions which are set forth and described
in Section III of the Village of Haverstraw Local Waterfront Revitalization
Program, 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 Local Waterfront Revitalization Program in making their consistency
determination.
K.
Written finding.
(1)
If the agency determines that the action would not
be consistent with one or more of the policy standards and conditions
of the Local Waterfront Revitalization Program, 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 is consistent
with such policy standards and conditions;
(b)
As may be conditioned by the agency, the action
would be undertaken in a manner which will minimize to the greatest
extent practicable all adverse effects on such policy standards and
conditions; and
(c)
The action will advance one or more of the other
policy standards and conditions.
(2)
Such a finding shall constitute a determination that
the action is consistent with the Local Waterfront Revitalization
Program policy standards and conditions.
The Code Enforcement Officer of the Village
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 Code Enforcement
Officer has been presented with a written determination of consistency
under this chapter. In the event that an activity is not being performed
in accordance with this chapter or any conditions imposed hereunder,
the Code Enforcement Officer may issue a stop-work order and thereafter
all work shall immediately cease. No further work or activity shall
be undertaken on the action so long as a stop-work order is in effect.
A.
A person, association, organization, corporation,
company or business entity who violates any of the provisions of,
or who fails to comply with any conditions imposed by, this chapter
shall have committed a violation punishable by a fine not exceeding
$500; which charge, under this chapter, shall be a petty offense or
infraction, and not a crime. The continuation or repeat of a violation
of, or failure to comply with, any provision of this chapter shall
constitute, for each occurrence that transpires or each day on which
the violation continues, a separate and distinct charge hereunder.
[Amended 10-17-2022 by L.L. No. 3-2022]
B.
The Village Attorney is authorized and directed to
institute any and all actions and proceedings necessary to enforce
this chapter. The Village may enforce this chapter by injunction or
other civil proceeding.
