[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 5-10-1990 by L.L. No. 11-1990 (Ch. 114 of
the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 89.
This chapter will be known as the "Town of North
Greenbush Waterfront Consistency Review Law."
A.
This chapter is adopted under the authority of the
Municipal Home Rule Law and the Waterfront Revitalization and Coastal
Resources Act of the State of New York (Article 42 of the Executive
Law). This chapter shall supersede any inconsistent local law or statute,
including Town Law § 276, setting forth any other time periods.
B.
The purpose of this chapter is to provide a framework
for agencies of the Town of North Greenbush 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 are consistent
with the said policies and purposes.
C.
It is the intention of the Town of North Greenbush
that the preservation, enhancement and utilization of the natural
and man-made resources of the unique coastal area of the Town 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 chapter is intended
to achieve such a balance, permitting the beneficial use of coastal
resources while preventing: loss of living coastal resources and wildlife;
diminution of open space areas or public access 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 a North Greenbush 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 Type I or unlisted actions, as defined in SEQRA 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 policy-making 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; or
Any combination of the above.
Any board, agency, department, office, other body or officer
of the Town of North Greenbush.
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 Town of North Greenbush, as shown
on the Coastal Area Map on file in the office of the Secretary of
State, as delineated in the Town of North Greenbush Local Waterfront
Revitalization Program.
That the action will fully 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 a capital project, rule-making, procedure-making
and policy-making.
The Local Waterfront Revitalization Program of the Town of
North Greenbush adopted by the Town Board and 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 Town of North Greenbush.
A.
The Town Board is authorized to review and make determinations regarding the consistency of proposed actions with the LWRP policy standards and conditions set forth in Subsection F herein. Whenever a proposed action is located in the Town's coastal area, the Town Board shall make a written determination of consistency in accordance with the LWRP policy standards and conditions. No agency shall undertake, fund or approve any action in the coastal area without first obtaining this determination. No building or other permit for an activity which is reviewed under this section shall be issued until a determination of consistency has been made by the Town Board.
B.
Whenever an agency receives an application for approval
or funding of an action to be located in the coastal area, the agency
shall notify the Town Board so that the Board may initiate its consistency
review. The agency shall refer a copy of all accompanying maps, plans
and application to the Town Board along with the above notification.
C.
As early as possible in an agency's formulation of
a direct action which is proposed to be located within the coastal
area, the agency shall notify the Town Board so that the Board may
initiate its consistency review.
D.
After notification and receipt of all documentation the Town Board requires for an action, the Town Board shall determine whether the proposed action is consistent with the LWRP policy, purposes and standards and conditions set forth in Subsection F. The Town Board shall require the applicant to submit any completed applications, environmental assessment forms, final environmental impact statements and any other information deemed to be necessary to its consistency determination.
E.
The Town Board shall render its written determination
and reasons therefor within 30 days following notification and receipt
of all required documentation unless extended by mutual agreement
of the Town Board and the applicant or, in the case of a direct action,
the agency. The Town Board shall have the authority in its findings
of consistency to impose practicable and reasonable conditions on
any action to ensure that it is carried out in accordance with this
chapter.
F.
Actions to be undertaken within the coastal 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 and Section IV of the Town
of North Greenbush LWRP, a copy of which is on file in the Town Clerk's
office and available for inspection during normal business hours.
The action shall be consistent with the policy to:
(1)
Facilitate siting of water-dependent uses (Policies
2 and 2A).
(2)
Ensure that development occurs where adequate public
infrastructure is available (Policy 5).
(3)
Protect fish and wildlife resources (Policy 8).
(4)
Expand recreational use of fish and wildlife resources
(Policy 9).
(5)
Minimize flooding and erosion hazards through nonstructural
means and carefully selected long-term structural measures (Policies
11, 13A, 14, 16 and 17).
(6)
Safeguard economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy 18).
(7)
Maintain and improve public access to the shoreline
and to water-related recreational facilities while protecting the
environment (Policies 19, 19A, 20, 21, 21A and 22).
(8)
Protect archaeological resources (Policy 23).
(9)
Protect and upgrade scenic resources (Policy 25).
(10)
Site and construct energy facilities in a manner
which will be compatible with the environment and contingent upon
the need for a waterfront location (Policy 27).
(11)
Prevent ice management practices which could
damage significant fish and wildlife and their habitats (Policy 28).
(12)
Protect surface and ground waters from direct
and indirect discharge of pollutants and from other overuse (Policies
30, 31, 33, 34, 36, 17, 38, 39 and 39B).
(13)
Perform dredging and dredge soil disposal in
a manner protective of natural resources (Policies 15 and 35).
(14)
Protect air quality (Policies 41, 42 and 43).
(15)
Protect freshwater wetlands (Policy 44).
G.
Required findings.
(1)
If the Town Board 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 Town Board
determines with respect to the proposed action that:
(a)
No reasonable alternatives exist which would
permit the action to be undertaken in a manner which would not substantially
hinder the achievement of such LWRP policy standards and conditions;
(b)
The action would be undertaken in a manner which
would minimize all adverse effects on such LWRP policy standards and
conditions to the maximum extent practicable;
(c)
The action will advance one or more of the other
LWRP policy standards and conditions; and
(d)
The action will result in overriding Town, regional
or statewide public benefit.
(2)
Such findings shall constitute a determination that
the action is consistent with the LWRP policy standards and conditions.
H.
If an application or agency action (direct or funding)
is significantly modified such that the action has effects on the
coastal area which are substantially different from those originally
proposed, the Town Board may undertake to make a new consistency determination
in accordance with this chapter.
I.
The Town Board shall maintain a file for each action
made the subject of the consistency determination and findings made
pursuant to this chapter. Such files may be made available for public
inspection upon a properly made freedom-of-information request.
[Amended 4-13-2006 by L.L. No. 2-2006]
The Town Building Director or his designee 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 Director
or his designee has been presented with a written determination from
the Town Board that the action is consistent with the Town's 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 Director or his designee 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 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 Town 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.
