This chapter will be known as the "Village of Nyack Waterfront
Consistency Review Law."
All boards, departments, offices, other bodies or officers of
the Village of Nyack must comply with this law, to the extent applicable,
prior to carrying out, approving or funding any Type I or unlisted
action as those terms are defined in 6 NYCRR 617.2 and Type II, excluded
or exempt actions, as defined in 6 NYCRR 617.2 (regulations which
implement the State Environmental Quality Review Act) is hereby deemed
consistent with the Local Waterfront Revitalization Program and does
not require any further deliberation.
As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
Either Type I or unlisted actions, as defined in the State
Environmental Quality Review Act regulations (6 NYCRR 617.2), which
are undertaken by an agency and which include:
A.
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:
(1)
Are directly undertaken by an agency;
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals from an agency
or agencies.
B.
Agency planning and policy making activities that may affect
the environment and commit the agency to a definite course of future
decisions.
C.
The adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect the environment.
D.
Any combinations of the above.
AGENCY
Any board, agency, department, office, other body or officer
of the Village of Nyack.
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 Nyack as shown on
the coastal areas map on file in the office of the Secretary of State
and as delineated in the Village of Nyack Local Waterfront Revitalization
Program.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
CONSISTENT
The action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Village
of Nyack as 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 Nyack.
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 Building Inspector has been presented with a
written determination from an agency that the action is consistent
with the Village's LWRP policy standard and conditions imposed.
In the event that an activity is not being performed in accordance
with the chapter or any conditions 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.
This chapter shall take effect immediately after the following
have both occurred:
A. Filing of the chapter in the office of the Secretary of State in
accordance with § 27 of the Municipal Home Rule Law; and
B. Approval of the Village of Nyack Local Waterfront Revitalization
Program by the Secretary of State in accordance with Article 42 of
the Executive Law of New York State.