[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain 9-19-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
This chapter will be known as the “Village of Fort Plain Waterfront Consistency Review Law.”
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).
The purpose of this chapter is to provide a framework for agencies of the Village of Fort Plain to consider the policies and purposes contained in the Western Montgomery County 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.
It is the intention of the Village of Fort Plain 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. 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.
The substantive provisions of this chapter shall only apply while there is in existence a Western Montgomery County 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:
- 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:
- B. Agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions;
- C. Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment;
- D. Any proposed action within the Village's local waterfront revitalization area that requires a site plan review and approval by the Village of Fort Plain Village Board; and
- E. Any combination of the above.
- F. This chapter does not apply to Type II, excluded or exempt actions as defined in the SEQRA regulations, 6 NYCRR Part 617.
- Any board, agency, department, office, other body, or officer of the Village of Fort Plain.
- 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 Western Montgomery County 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 Fort Plain.
- VILLAGE BOARD
- The Village Board of Trustees of the Village of Fort Plain.
- WATERFRONT AREA or LOCAL WATERFRONT REVITALIZATION 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 Fort Plain, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Western Montgomery County Local Waterfront Revitalization Program.
- WATERFRONT ASSESSMENT FORM (WAF)
- The form used by an agency to assist it in determining the consistency of an action with the Western Montgomery County Local Waterfront Revitalization Program.
The Village Board is hereby authorized to review and make all determinations regarding the consistency of proposed actions with the Western Montgomery County Local Waterfront Revitalization Program policy standards and conditions.
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 Village Board, a determination from the Village Board that it is consistent with the LWRP policy standards and conditions set forth in Subsection G herein (unless a determination from the Village Board is not forthcoming as identified in Subsection 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 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.
The agency shall refer a copy of the completed WAF to the Village Board within 10 days of its submission and, prior to approving, funding, or undertaking the action, shall consider the determination of the Village Board with reference to the consistency of the proposed action with the Western Montgomery County Local Waterfront Revitalization Program.
After referral from an agency, the Village Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The Village 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.
The Village Board shall render its written consistency determination to the agency within 30 days following referral of the WAF from the agency, unless extended by mutual agreement of the Village Board and the applicant or, in the case of direct action, the agency. The consistency determination shall indicate whether, in the opinion of the Village 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.
The Village 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.
In the event that the Village 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 Village Board's determination.
The Village Board (or the agency, in the case when a Village 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 Village Board shall issue its determination within 30 days following receipt of the application and WAF or submission by the applicant of any additional required information. The Village Board (or the agency, in the case when a Village 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.
Actions to be undertaken within the Village of Fort Plain Waterfront 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 of the Western Montgomery County 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:
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).
Protect existing water-dependent uses, promote siting of new water-dependent uses in suitable locations, and support efficient marina operation (Policy 2).
Protect agricultural land, but not at the expense of the need to facilitate proper and desirable economic development activities on lands not within agricultural districts (Policy 3).
Promote the sustainable use of fish and wildlife resources (Policy 4).
Protect and restore ecological resources, including significant fish and wildlife habitats and wetlands (Policy 5).
Protect and improve water resources (Policy 6).
Minimize loss of life, structures, and natural resources from flooding and erosion (Policy 7).
Protect and improve air quality (Policy 8).
Promote appropriate use and development of energy and mineral resources (Policy 9).
Minimize environmental degradation from solid waste and hazardous substances and wastes (Policy 10).
Improve public access to and use of public lands and waters (Policy 11).
Enhance visual quality and protect scenic resources in western Montgomery County (Policy 12).
Preserve historic resources (Policy 13).
If the Village Board (or the agency, in the case when a Village Board's determination is not forthcoming within the specified time as identified in Subsection E), 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 Village Board or agency makes a written finding with respect to the proposed action that:
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.
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions.
The action will advance one or more of the other LWRP policy standards and conditions; and
The action will result in an overriding Village, regional or state-wide public benefit.
Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.
The Village 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.
The Village Code Enforcement Officer 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 Code Enforcement Officer has been presented with a written determination from the Village Board or an agency 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 Code Enforcement Officer 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 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.
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.