[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson 3-16-1992 by L.L. No. 2-1992; amended in its entirety 10-5-2015 by L.L. No. 8-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 12.
Planning Board — See Ch. 40.
Visual Environment Advisory Board — See Ch. 60.
Building construction — See Ch. 86.
Environmental quality review — See Ch. 116.
Flood damage prevention — See Ch. 129.
Steep slopes — See Ch. 195.
Stormwater, drainage, erosion and water pollution control — See Ch. 196.
Wetlands — See Ch. 227.
Zoning — See Ch. 230.
This chapter will be known as the "Village of Croton-on-Hudson
Waterfront Consistency Review Law."
A.
This chapter is adopted under the authority of the Municipal Home
Rule Law and the Waterfront Revitalization of Coastal Resources 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
to consider the policies and purposes contained in the Village of
Croton-on-Hudson LWRP when reviewing applications for actions or direct
actions located in the Village coastal area and to ensure that such
actions are consistent with said LWRP policies, and whenever practicable
will advance one or more of them.
C.
It is the intention of the Village of Croton-on-Hudson that the preservation,
enhancement and utilization of the natural and man-made resources
of the coastal area of the Village of Croton-on-Hudson take place
in a comprehensive manner to ensure a proper balance between protection
of natural resources and the need to accommodate population growth
and economic development. Accordingly, this chapter is intended to
achieve such a balance, permitting the beneficial use of coastal resources
while preventing the following: loss of living estuarine resources
and wildlife; diminution of open space areas and of public access
to the waterfront; erosion of shoreline; impairment of water quality
and scenic beauty; losses due to flooding, erosion and sedimentation;
or permanent adverse changes to ecological systems.
As used in this chapter, the following terms shall have the
meanings indicated:
Either Type 1 or unlisted actions as defined in the SEQRA
regulations (6 NYCRR 617).
Any board, agency, department, office, other body or officer
of the Village of Croton-on-Hudson.
The lands and waters within the Village of Croton-on-Hudson's
jurisdiction as described in the Local Waterfront Revitalization Program.
The form, approved by the Village Manager, and on file in
the Village Clerk's office, and used by an agency to assist it
in determining the consistency of an action with the LWRP.
That the action will substantially comply with the LWRP policies
and, whenever practicable, will advance one or more of them.
The written decision that is made regarding whether the action
substantially complies with the LWRP policies and whenever practicable
will advance one or more of them.
An action planned and proposed for implementation by an agency.
An involved agency under SEQRA principally responsible for
undertaking, funding or approving an action, and therefore responsible
for determining whether an environmental impact statement is required
in connection with the action and for the preparation and filing of
the statement if one is required, in accordance with SEQRA.
The local 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 Village Clerk of the Village of Croton-on-Hudson.
The recommendation that is made by the WAC regarding whether
the action substantially complies with the LWRP policies and whenever
practicable will advance one or more of them.
The State Environmental Quality Review Act, codified as Article
8 of the Environmental Conservation Law, and its implementing regulations,
6 NYCRR Part 617.
The Committee that will make a recommendation of consistency
regarding an action.
A.
The lead agency shall be responsible for coordinating review of actions
in the Village of Croton-on-Hudson's coastal zone for consistency
with the LWRP policies.
B.
The WAC will advise, assist and make recommendations of consistency
to the lead agency in its review of actions and in the implementation
of the LWRP, its policies and projects.
C.
The Village Board with the assistance of the WAC shall coordinate
with the New York State Department of State regarding consistency
review of actions by federal agencies and with state agencies regarding
consistency review of their actions.
D.
The WAC shall assist the Village of Croton-on-Hudson Board of Trustees
in making applications for funding from state, federal or other sources
to finance projects included in the LWRP.
E.
The WAC will consist of five members appointed on a yearly basis
by the Mayor, consisting of members of the Board of Trustees, the
Water Control Commission, the Planning Board and, at the Mayor's
discretion, the Village's environmental consultant. The Board
of Trustees, the Water Control Commission and the Planning Board shall
each be represented on the WAC by at least one and no more than two
members. The Mayor shall appoint the Chairperson on a yearly basis.
F.
Any vacancy shall be filled by the Mayor for the balance of the expired
term within 60 days, or as soon as practicable thereafter, of receiving
notice of the vacancy.
G.
The WAC may request that the referring agency retain a consultant to assist in its review pursuant to Chapter 178 of the Village Code. The Chairperson of the WAC shall submit the request for retaining a consultant to the referring agency.
H.
The members of the WAC shall serve without compensation and shall
be charged with the duties as set forth in this chapter.
I.
For conducting business, including making a recommendation of consistency,
a quorum shall consist of three members of the WAC.
A.
Prior to approving, funding or undertaking a proposed action located
within the Village of Croton-on-Hudson coastal zone, the lead agency
shall make a determination of consistency.
B.
An application to a Village of Croton-on-Hudson agency for approval
or funding of an action shall be accompanied by a coastal assessment
form (CAF) and other required documents.
A.
Lead agency.
(1)
Whenever a Village agency declares itself lead agency regarding a
proposed action in the Village's coastal zone, the agency shall
refer a copy of the CAF and any other required documents to the WAC
within 10 days. Prior to the lead agency making its determination
of consistency, it shall consider the recommendation of the WAC with
reference to the determination of consistency of the proposed action
with the LWRP policies.
(2)
Whenever a Village agency is an involved agency under SEQRA and not
the lead agency for a proposed action in the Village's coastal
zone, either the Village Board of Trustees, the Planning Board, the
Zoning Board of Appeals, or the Water Control Commission shall be
deemed the lead agency under this chapter. If multiple Village agencies
are involved agencies, the lead agency under this chapter will be
determined in the order stated above.
B.
After referral from the lead agency, the WAC shall review the CAF
and other required documents and make a recommendation to the lead
agency regarding the action's consistency with the LWRP policies.
(1)
The WAC shall render its written recommendation of consistency to
the lead agency within 30 days of receiving the referral of the CAF
and any other required documents. The WAC may request an extension
of time in order to obtain more information or more documentation,
or the need to hire a consultant from the lead agency, in order to
render its written recommendation of consistency. The extension of
the time shall be by mutual agreement of the lead agency and applicant.
(2)
The WAC's recommendation shall indicate whether the proposed
action is consistent with or inconsistent with one or more of the
LWRP policies and shall elaborate, in writing, the basis for its opinion.
The WAC shall, along with its recommendation of consistency, make
any suggestions to the lead agency concerning modification of the
proposed action, including recommending conditions of approval, to
make it consistent with the LWRP policies or to greater advance one
or more of them.
(3)
In the event that the WAC's recommendation of consistency is
not forthcoming within the specified time, the lead agency shall make
its determination of consistency without the benefit of the WAC's
recommendation of consistency.
C.
Upon receipt of the WAC's recommendation of consistency, the
lead agency shall consider whether the proposed action is consistent
with the LWRP policies. The lead agency shall consider the WAC's
recommendation of consistency, the CAF and other relevant information
in making its determination of consistency. No approval or decision
shall be rendered for an action in the coastal area without a determination
of consistency having first been adopted by the lead agency. The lead
agency shall circulate its determination to all other involved agencies.
D.
Where an environmental impact statement (EIS) is being prepared or
required, the draft EIS must identify applicable LWRP policies and
include a discussion of the effects and impacts of the proposed action
on such policies.
E.
The lead agency which is making a determination of consistency for
direct actions must also review consistency with Section IV of the
LWRP, in making its consistency determination.
F.
Recommendation of consistency.
(1)
The WAC's recommendation of consistency shall indicate whether,
in its opinion, the proposed action is consistent or inconsistent
with the LWRP policies. The recommendation of consistency shall address:
(a)
Potentially significant adverse impacts on coastal area resources
and the consistency of the action with the LWRP policies.
(b)
Alternative actions which would avoid the potential significant
adverse impacts on coastal resources and ensure consistency with the
LWRP policies.
(c)
Measures to mitigate potential significant adverse impacts on
coastal resources and resolve inconsistencies with LWRP policies.
(2)
The WAC shall approve its recommendation of consistency by a majority
vote of a quorum of its members.
G.
In the event the WAC's recommendation of consistency is that
the action is inconsistent with the LWRP policies, and the lead agency
makes a contrary determination of consistency, the lead agency shall
elaborate, in writing, the basis for its disagreement with the WAC's
recommendation of consistency and state the manner and extent to which
the lead agency believes that the action is consistent with the LWRP
policies.
H.
If the lead agency finds that the action is not consistent with one
or more of the LWRP policies, the action shall not be undertaken,
approved or funded unless the lead agency makes a written finding
that, on balance, the action should nevertheless be undertaken, approved
or funded, taking into consideration each of the following factors
listed below. Such a finding shall be a prerequisite to a determination
of consistency with the LWRP policies.
(1)
No reasonable alternatives exist to the proposed action which would
permit the action to proceed in a manner that is consistent with the
LWRP policies.
(2)
The action would be undertaken in a manner which will minimize inconsistencies
with LWRP policies.
(3)
The action will advance one or more of the other LWRP policies or
proposed projects.
(4)
The action will result in an overriding Village, regional or statewide
public benefit.
I.
The lead agency shall have the authority, in its determination of
consistency, to impose reasonable conditions on an action to ensure
that it is carried out in accordance with this chapter and the LWRP.
No work or activity on a project in the Village which is subject
to review under this chapter shall be commenced or undertaken until
the Village Engineer has been presented with a written determination
of consistency from the lead agency except for direct actions. In
the event that an activity is not being performed in accordance with
this chapter or any condition imposed thereunder, the Village Engineer
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 condition imposed by this chapter shall have committed a
violation, punishable by a fine. 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 chapter.
Any civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.
If any provision of this chapter shall be held for any reason
to be invalid, such determination shall not invalidate any other provision
hereof.
This chapter shall take effect immediately filing with the office
of the Secretary of State.
