Village of Ocean Beach, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach 3-28-2009 by L.L. No. 1-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Harbor management — See Ch. 98.
Marina rules and regulations — See Ch. A168.
[1]
Editor's Note: This chapter was adopted as Ch. 135 but was renumbered to maintain the organization of the Code.

§ 162-1 Title.

This chapter will be known as the "Village of Ocean Beach Waterfront Consistency Review Law."

§ 162-2 Legislative authority; purpose.

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 Ocean Beach to consider the policies and purposes contained in the Village of Ocean Beach Local 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 Ocean Beach 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 the public. Accordingly, this chapter is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing 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 chapter shall only apply while there is in existence an Ocean Beach Local Waterfront Revitalization Program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York.

§ 162-3 Definitions.

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:
(a) 
Are directly undertaken by an agency; or
(b) 
Involve funding by an agency; or
(c) 
Require one or more new or modified approvals from an agency or agencies.
(2) 
Agency planning 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 proposed action within the Village's local waterfront revitalization area that requires site plan review and approval by the Village of Ocean Beach Planning Board.
(5) 
Any combination of the above.
B. 
This definition does not apply to Type II, excluded or exempt actions as defined in the SEQRA regulations 6 NYCRR Part 617.
AGENCY
Any board, agency, department office, other body or officer of the Village of Ocean Beach.
CONSISTENT
That the action will fully comply with the LWRP policy standards and conditions and, whenever practicable, will advance one or more of them.
DIRECT ACTIONS
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.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Village of Ocean Beach Local Waterfront Revitalization Program 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 Ocean Beach.
PLANNING BOARD
The Planning Board of the Village of Ocean Beach.
WATERFRONT 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 Ocean Beach, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Village of Ocean Beach Local Waterfront Revitalization Program as Map No. 1.
WATERFRONT ASSESSMENT FORM (WAF)
The form used by an agency to assist it in determining the consistency of an action with the Village of Ocean Beach Local Waterfront Revitalization Program.

§ 162-4 Planning Board responsibilities.

The Planning Board is hereby authorized to review and make all determinations regarding the consistency of proposed actions with the Village of Ocean Beach Local Waterfront Revitalization Program policy standards and conditions.

§ 162-5 Review of actions.

A. 
Whenever a proposed action is located within the Village's waterfront area, an agency shall, prior to approving, funding or undertaking the action, refer to and receive from the Planning Board a determination from the Planning Board that the action is consistent with the LWRP policy standards and conditions set forth in Subsection I herein (unless a determination from the Planning Board is not forthcoming as identified in Subsection E).
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 area, the applicant or, in the case of a direct action, the agency, shall prepare a waterfront assessment form (WAF) to assist with the consistency review of the proposed action.
C. 
The agency shall refer a copy of the completed WAF to the Planning Board within 10 days of its submission and, prior to approving, funding or undertaking the action, shall consider the determination of the Planning Board with reference to the consistency of the proposed action with the Village of Ocean Beach Local Waterfront Revitalization Program.
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 Subsection I herein. The Planning Board shall require the applicant to submit all completed applications, WAFs and any other information deemed to be necessary to its consistency review and determination.
E. 
The Planning Board shall render its written consistency determination to the agency within 90 days following referral of the WAF 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 consistency determination 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 determination.
F. 
The Planning Board shall, along with its consistency determination, 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's consistency determination is not forthcoming within the specified time, the referring agency shall make its own consistency decision without the benefit of the Planning Board's determination.
H. 
The Planning Board (or the agency, in a case in which the Planning Board's determination is not forthcoming within the specified time as identified in Subsection E) shall make the determination of consistency based on the WAF and such other information as is deemed to be necessary in its determination. The Planning Board (or the agency, in a case in which the Planning Board's determination is not forthcoming within the specified time as identified in Subsection E) 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.
I. 
Actions to be undertaken within the Village of Ocean Beach waterfront area shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions, which are derived firm and further explained and described in Section III of the Village of Ocean Beach 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 the policy to:
(1) 
Foster a pattern of development that enhances the community's character, preserves open space, makes efficient use of infrastructure, makes a beneficial use of a waterfront location, and minimizes adverse effects of development (Policy 1).
(2) 
Protect existing water-dependent uses, promote siting of new water-dependent uses in suitable locations, and support efficient marina operation (Policy 2).
(3) 
Promote the sustainable use of fish and wildlife resources. (Policy 4).
(4) 
Protect and restore ecological resources, including significant fish and wildlife habitats and wetlands (Policy 5).
(5) 
Protect and improve water resources (Policy 6).
(6) 
Minimize loss of life, structures, and natural resources from flooding and erosion (Policy 7).
(7) 
Protect and improve air quality (Policy 8).
(8) 
Promote appropriate use and development of energy and mineral resources (Policy 9).
(9) 
Minimize environmental degradation from solid waste and hazardous substances and wastes (Policy 10).
(10) 
Improve public access to and use of public lands and waters (Policy 11).
(11) 
Enhance visual quality and protect scenic resources in the Village of Ocean Beach (Policy 12).
(12) 
Preserve historic resources (Policy 13).
J. 
Exemption from LWRP.
(1) 
If the Planning Board (or the agency, in a case which the Planning Board's determination is not forthcoming within the specified time as identified in Subsection E) determines that the action would not be consistent with the LWRP policy standards and conditions, such action shall not be undertaken unless the Planning Board or 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. 
The Planning Board and, if applicable, each agency shall maintain a file for each action made the subject of a consistency determination. Such files shall be made available for public inspection upon request.

§ 162-6 Enforcement; noncompliance.

The Village of Ocean Beach Building Department shall be responsible for enforcing this chapter. No work or activity on a project in the waterfront area which is subject to review under this chapter shall be commenced or undertaken until the Building Department has been presented with a written determination from the Planning Board (or the agency, in a case in which the Planning Board's determination is not forthcoming within the specified time as identified in § 162-5E) that the action is consistent with the LWRP policy standards and conditions. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed thereunder, the Building Department 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.

§ 162-7 Penalties for offenses.

A. 
A person 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 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 offense.
B. 
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.

§ 162-8 Severability.

The provisions of this chapter are severable. If any provision of this chapter is found invalid, such finding shall not affect the validity of this chapter as a whole or any part of provision hereof other than the provision so found to be invalid.

§ 162-9 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.