[HISTORY: Adopted by the Common Council of the City of Kingston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 145.
Parks and recreation facilities — See Ch. 310.
[Adopted 4-1-1986, approved 4-2-1986 (Ch. 120A of the 1984 Code)]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL VESSEL
Includes every vessel which is propelled, in whole or in part, by mechanical power and is used or operated for commercial purposes on the navigable waters of the state and that is either for carrying passengers, carrying freight or towing or for any other use, for which a compensation is received, either directly or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement.
DOCKMASTER
The position of Dockmaster involves the day-to-day operations of the docks and overseeing the seasonal dock staff. This individual will be responsible for the enforcement of the rules and regulations of the waterfront, as well as the coordination of the placement of vessels along the city docks. This individual shall be appointed by the Mayor and shall serve at the pleasure of the Mayor. This individual shall report to the City Clerk and Harbor Manager. This individual will have the direct responsibility of working with all departments of the City of Kingston, including but not limited to the Department of Public Works, the City Clerk's office and the Department of Parks and Recreation, to further the betterment of the whole waterfront area. The responsibilities of the Dockmaster would also include the performance of maintenance at Company Hill Path, Gallo Park and Downtown Visitor's Center from May 1 to October 15 of each year, as well as oversee the maintenance dock staff in performing these duties. For the balance of the term of October 16 through April 30 of each year, the responsibility for these areas shall be borne by the Recreation Department.
[Added 5-1-2007, approved 5-3-2007]
HARBOR MANAGER
This individual is responsible for the maintenance of the docks and the infrastructure of the Kingston Waterfront and shall be responsible for all safety aspects involving the waterfront. This position will include the responsibility of putting in and taking out the docks and working with all agencies and others necessary for the safe and proper operation of the Kingston Waterfront. This individual shall be appointed by the Mayor and shall serve at the pleasure of the Mayor. This individual shall report to the Mayor.
[Added 5-1-2007, approved 5-3-2007[1]]
PLEASURE CRAFT
Includes every vessel not within the classification of commercial vessel. However, the provisions of this article shall not apply to rowboats and canoes, except as otherwise provided.
PUBLIC WATERFRONT FACILITIES
Any parcel of land owned or leased by the City of Kingston, fronting on a navigable body of water, which allows direct access to said body of water by the general public through the use of boat-launch ramps, floating piers and catwalks and fixed-bulkhead boarding platforms.
[1]
Editor's Note: This resolution also replaced the term "Harbormaster" with "Harbor Manager" throughout this chapter.
A. 
The boundaries for waterfront facilities covered by this article shall be defined as all that area located within the corporate boundaries of the City of Kingston fronting on the Rondout Creek on the south and the Hudson River on the east.
B. 
The waterfront walkway on Dock Street along the shoreline of the Rondout Creek from the west side of the 9W north-south arterial ("9W Bridge") through the intersection of Dock Street and Ravine Street shall hereafter be named the "Maurice D. Hinchey Promenade."
[Added 7-2-2013, approved 7-5-2013]
The following are the locations and types of waterfront facilities:
Site
Location
Type
A
West Strand Plaza
Public-use floating pier
B
West Strand Plaza
Commercial-use floating pier
C
West Strand Plaza
Commercial-use fixed-bulk-head boarding platform
D
Kingston Point Beach
Commercial-use fixed-bulk-head boarding platform
A. 
General information.
(1) 
Location. This facility is located in West Strand Plaza at the foot of Broadway in the Rondout section of Kingston. It fronts the Rondout Creek on its northerly bank. It begins at a point 60 feet west of the center mall and extends 217 feet in a westerly direction along the Rondout Creek. The point of beginning is a fixed platform extending out over the water from the fixed bulkhead.
(2) 
Type of facility. This is a floating pier with finger floats. It is accessible via a hinged ramp attached to the above-mentioned fixed platform.
(3) 
Authorized use. This site shall be for the use of the general boating public as a day-boating facility. It shall be used for the loading and unloading of occupants of pleasure craft utilizing the other facilities available in the Rondout area, i.e., shops, restaurants, parks, maritime center, trolley museum, etc.
(4) 
Unauthorized use. Commercial traffic of any kind shall be prohibited.
(5) 
Jurisdiction. The facility shall be under the jurisdiction of the Harbor Manager of the City of Kingston.
(6) 
Maintenance. Maintenance of this facility shall be the responsibility of the Department of Public Works.
(7) 
Hours of operation. This facility shall be open to the boating public from 6:00 a.m. until 12:00 midnight, seven days per week, from May 1 until October 31.
(8) 
Contact persons. Harbor Manager (914-331-6940) and the Kingston Police Department (914-331-1671).
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
B. 
Regulations.
(1) 
Vessels must comply with the qualifications for pleasure craft, as described elsewhere herein.
(2) 
Vessels shall comply with the hours of operation of the facility, as described elsewhere herein.
(3) 
No vessel shall be left overnight at this facility. All vessels must vacate this facility by the time posted.
(4) 
Those using the facility do so at their own risk, and, by utilizing these facilities, the user hereby agrees that he or she will hold the City of Kingston harmless for any injury or damage arising out of such use and from the actions of others using the same.
(5) 
The owner of the vessel shall be responsible for securing the vessel properly and only in designated numbered slips.
(6) 
The City of Kingston shall not be responsible for any damage incurred by wake, wash, wind or rain or any other damage incurred while a vessel is moored at this facility, nor shall it be responsible for the safety of anyone utilizing the same.
(7) 
The City of Kingston shall not be responsible for vandalism or theft of any property while a vessel is moored at this facility.
(8) 
Children 12 or under shall not be allowed on the floating piers unless accompanied by a parent or guardian and unless properly wearing duly approved flotation devices.
(9) 
No thongs, clogs or leather-soled shoes shall be worn on the flotation piers.
(10) 
The facilities are for the use and enjoyment of the boating general public. Users of the docking facility shall refrain from the consumption of alcoholic beverages, loud noise or loud music, horseplay, rowdiness or other behavior which may reasonably affect the enjoyment or sensibilities of others.
(11) 
Smoking in the dock area is prohibited.
(12) 
Docking space shall be assigned in order of request by the operator of the vessel upon arrival at the facility. No space shall be reserved in advance.
(13) 
Nothing herein shall be construed as limiting or prohibiting the Harbor Manager from exercising the right to limit or restrict the use of this facility so as not to conflict with scheduled activities in the West Strand Plaza.
(14) 
There shall be no fee charged for the use of this facility.
(15) 
No one shall permit major maintenance to any vessel maintained within Site A, B or C unless approved by the Harbor Manager.
[Added 5-1-2007, approved 5-3-2007]
(16) 
No littering or discharge of pollution shall be allowed. No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited or discharged into the waterfront areas, including Site A, B or C, any litter or other materials, including but not limited to any refuse or waste matter, sewage, petroleum products or by-products, paint, varnish, dead animals, fish parts or debris of any kind, which renders the waters unsightly, noxious, unwholesome or otherwise detrimental to the public health or welfare or to the enjoyment of the water for recreational purposes.
[Added 5-1-2007, approved 5-3-2007]
(17) 
No person shall operate a marine toilet at any time so as to cause or permit to pass or to be discharged into the waterfront, including Site A, B or C, any untreated sewage or any other waste, matter or contaminant of any kind pursuant to § 33-C of the New York State Navigational Law.
[Added 5-1-2007, approved 5-3-2007]
(18) 
Each person anchoring or mooring a vessel in the waterfront, including Site A, B or C, shall be responsible for any damage to that vessel or to any other vessel or any other property damage caused by that vessel.
[Added 5-1-2007, approved 5-3-2007]
(19) 
Violations of the above regulations shall constitute an infraction and shall be subject to a fine not to exceed $100 and/or the denial of future use of the facility for not more than one year.
A. 
General information.
(1) 
Location. This facility is located in West Strand Plaza at the foot of Broadway in the Rondout section of Kingston. It fronts the Rondout Creek on its northerly bank. It begins at a point 50 feet west of the center mall and extends 50 feet in an easterly direction along the Rondout Creek. The point of beginning is a fixed platform extending out over the water from the fixed bulkhead.
(2) 
Type of facility. This is a floating pier. It is accessible via a hinged ramp attached to the above-mentioned fixed platform.
(3) 
Authorized use. This site is intended for use as a commercial facility for commercial vessels, as defined elsewhere herein. It shall be used for the loading and unloading of passengers and/or supplies.
(4) 
Unauthorized use. This facility may be used by pleasure craft when it is not being utilized by a commercial vessel. No pleasure craft shall be left unattended while at such facility.
(5) 
Jurisdiction. The facility shall be under the jurisdiction of the Harbor Manager of the City of Kingston.
(6) 
Maintenance. Maintenance of this facility shall be the responsibility of the Department of Public Works.
(7) 
Hours of operation. This facility shall be open to the boating public from 6:00 a.m. until 12:00 midnight, seven days per week, from May 1 until October 31.
(8) 
Contact persons. Harbor Manager (914-331-6940) and the Kingston Police Department (914-331-1671).
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(9) 
Insurance. Commercial vessels utilizing this facility must first furnish the City of Kingston liability insurance in an amount not less than $1,000,000 naming the City of Kingston as coinsured, with such company and in such form as shall be satisfactory to the Harbor Manager.
B. 
Regulations.
(1) 
Vessels must comply with the qualifications for commercial vessels, as described elsewhere herein.
(2) 
Vessels shall comply with the hours of operation of the facility, as described elsewhere herein.
(3) 
No vessel shall be left overnight at this facility. All vessels must vacate this facility by the time posted.
(4) 
Vessels wishing to use this facility must submit a written request to the Harbor Manager.
(5) 
Permission to use this facility is to be granted by the Harbor Manager and may be for various periods of time, including but not limited to individual one-time uses or seasonal scheduled uses.
(6) 
Requests for use of the facility must state the date and provide the arrival, departure and return times, if any.
(7) 
Use of the facility shall be assigned in the order of receipt of the requests by the Harbor Manager.
(8) 
The Harbor Manager shall notify the vessel operator, in writing, as to the granting or denying of permission to use the facility.
(9) 
Vessels granted permission to dock may arrive not more than 20 minutes prior to the departure time stated in the application and must clear the facility within 20 minutes after the departure time stated in the application. The same time parameters shall apply to return time.
(10) 
Vessels shall not be allowed to dock unless the City of Kingston has the appropriate insurance rider in its possession prior to the scheduled use.
(11) 
The owner and/or operator of the vessel shall be responsible for securing the vessel properly.
(12) 
The owner and/or operator of the vessel shall be responsible for any damage to the facility incurred during his period of use and shall be required to notify the Harbor Manager immediately of any such damage.
(13) 
The City of Kingston shall not be responsible for any damage incurred by wake, wash, wind or rain or any other damage incurred while a vessel is moored at this facility, nor shall it be responsible for the safety of anyone utilizing the same.
(14) 
The City of Kingston shall not be responsible for vandalism or theft of any property while a vessel is moored at this facility.
(15) 
The vessel operator shall provide adequate support personnel to ensure the safe loading and unloading of passengers.
(16) 
Ground support vehicles are not permitted to enter West Strand Plaza. Vessel owners and/or operators may use hand trucks or carts to move supplies to and from the vessels.
(17) 
Special advance permission may be granted by the Harbor Manager for vans and automobiles to enter West Strand Plaza for the purpose of the pickup and discharge of handicapped individuals only. Due to design limitation, minibuses and larger vehicles are strictly prohibited.
(18) 
Vessel owners and/or operators are responsible for all trash and debris removal and shall be billed as part of their fee.
(19) 
Vessel owners and/or operators requiring the use of city water shall make arrangements through the Harbor Manager and shall be billed as part of their fee.
(20) 
Vessel owners and/or operators requiring the use of electricity shall make arrangements through the Harbor Manager and shall be billed directly through Central Hudson Gas & Electric.
(21) 
Nothing herein shall be construed as limiting or prohibiting the Harbor Manager from exercising the right to limit or restrict the use of this facility so as not to conflict with scheduled activities in the West Strand Plaza.
(22) 
There shall be a fee assessed as per attached schedule.[1]
[1]
Editor's Note: The Fee Schedule is on file in the office of the City Clerk.
(23) 
No one shall permit major maintenance to any vessel maintained within Site A, B or C unless approved by the Harbor Manager.
[Added 5-1-2007, approved 5-3-2007]
(24) 
No littering or discharge of pollution shall be allowed. No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited or discharged into the waterfront areas, including Site A, B or C, any litter or other materials, including but not limited to any refuse or waste matter, sewage, petroleum products or by-products, paint, varnish, dead animals, fish parts or debris of any kind, which renders the waters unsightly, noxious, unwholesome or otherwise detrimental to the public health or welfare or to the enjoyment of the water for recreational purposes.
[Added 5-1-2007, approved 5-3-2007]
(25) 
No person shall operate a marine toilet at any time so as to cause or permit to pass or to be discharged into the waterfront, including Site A, B or C, any untreated sewage or any other waste, matter or contaminant of any kind pursuant to § 33-C of the New York State Navigational Law.
[Added 5-1-2007, approved 5-3-2007]
(26) 
Each person anchoring or mooring a vessel in the waterfront, including Site A, B or C, shall be responsible for any damage to that vessel or to any other vessel or any other property damage caused by that vessel.
[Added 5-1-2007, approved 5-3-2007]
(27) 
Violations of the above regulations shall constitute an infraction and shall be subject to a fine not to exceed $100 and/or the denial of future use of the facility for not more than one year.
A. 
General information.
(1) 
Location. This facility is located in West Strand Plaza at the foot of Broadway in the Rondout section of Kingston. It fronts the Rondout Creek on its northerly bank. It begins at a point on the westerly corner of the storm drain outlet headwall and extends 181 feet in a westerly direction along the Rondout Creek. This site is adjacent to Site B and at times may be inclusive of Site B.
(2) 
Type of facility. This is a fixed bulkhead using the existing walkway as a staging area from which a portable ramp may be affixed to the vessel directly.
(3) 
Authorized use. This site is intended for use as a commercial facility for commercial vessels, as defined elsewhere herein. It shall be used as follows:
(a) 
Overnight dockage for larger passenger vessels exceeding 100 feet in length.
(b) 
Same uses as Site B when two vessels request the same time period, if vessels are so designated as to load and unload passengers safely with a portable ramp.
(c) 
Same uses as Site B where the vessel is too large for Site B or the design is such that the loading and unloading of passengers can be accomplished more safely and more efficiently with the use of a portable ramp.
(d) 
Specialized vessels designed for public display, access for viewing and performances.
(e) 
Tugboats and other working vessels for the purposes of taking on supplies, making repairs or the conducting of emergency business.
(f) 
Berthing area for approved vessels visiting the area for special events.
(4) 
Unauthorized use. No personal vessels may tie up at this facility at any time unless first obtaining permission from the Harbor Manager and signing the appropriate insurance forms. No vessels of any kind may be stored at this facility.
(5) 
Jurisdiction. The facility shall be under the jurisdiction of the Harbor Manager of the City of Kingston.
(6) 
Maintenance. Maintenance of this facility shall be the responsibility of the Department of Public Works.
(7) 
Hours of operation. This facility shall be open for authorized use 24 hours per day, seven days per week, from May 1 until October 31.
(8) 
Contact persons. Harbor Manager (914-331-6940) and the Kingston Police Department (914-331-1671).
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(9) 
Insurance. Commercial vessels utilizing this facility must first furnish the City of Kingston liability insurance in an amount not less than $1,000,000, naming the City of Kingston as coinsured, with such company and in such form as shall be satisfactory to the Harbor Manager. Short-form waivers will be available from the Harbor Manager, containing the same stipulations as mentioned above. These forms are to be used for extenuating circumstances and are not meant to replace the rider.
B. 
Regulations.
(1) 
Vessels must comply with the qualifications for commercial vessels, as described elsewhere herein, with the exception of those vehicles described under regulations for special events.
(2) 
Vessels wishing to use this facility must submit a written request to the Harbor Manager.
(3) 
Permission to use this facility is to be granted by the Harbor Manager and may be for various periods of time, including but not limited to individual one-time uses or seasonal scheduled uses.
(4) 
Requests for use of the facility must state the date and provide the arrival, departure and return times, if any.
(5) 
Use of the facility shall be assigned in the order of receipt of the requests by the Harbor Manager.
(6) 
The Harbor Manager shall notify the vessel operator, in writing, as to the granting or denying of permission to use the facility.
(7) 
Vessels shall not be allowed to dock unless the City of Kingston has the appropriate insurance rider in its possession prior to the scheduled use. Vessels arriving late or unexpectedly or on any emergency basis must contact the Harbor Manager for permission to dock.
(8) 
Vessels granted permission to dock must sign a short-form insurance waiver, as stipulated elsewhere herein.
(9) 
Due to circumstances listed in Subsection B(7) above, permission will be granted waiving Subsection B(2) through (6) above.
(10) 
The owner and/or operator of the vessel shall be responsible for securing the vessel properly.
(11) 
The owner and/or operator of the vessel shall be responsible for any damage to the facility incurred during his period of use and shall be required to notify the Harbor Manager immediately of any such damage.
(12) 
The City of Kingston shall not be responsible for any damage incurred by wake, wash, wind or rain or any other damage incurred while a vessel is moored at this facility, nor shall it be responsible for the safety of anyone utilizing the same.
(13) 
The City of Kingston shall not be responsible for vandalism or theft of any property while a vessel is moored at this facility.
(14) 
The vessel operator shall provide adequate support personnel to ensure the safe loading and unloading of passengers.
(15) 
Ground support vehicles are not permitted to enter West Strand Plaza. Vessel owners and/or operators may use hand trucks or carts to move supplies to and from the vessels.
(16) 
Special advance permission may be granted by the Harbor Manager for vans and automobiles to enter West Strand Plaza for the purpose of the pickup and discharge of handicapped individuals only. Due to design limitation, minibuses and larger vehicles are strictly prohibited.
(17) 
Vessel owners and/or operators requiring the removal of trash shall make arrangements through the Harbor Manager and shall be billed as part of their fee.
(18) 
Vessel owners and/or operators requiring the use of city water shall make arrangements through the Harbor Manager and shall be billed as part of their fee.
(19) 
Vessel owners and/or operators requiring the use of electricity shall make arrangements through the Harbor Manager and shall be billed directly through Central Hudson Gas and Electric.
(20) 
Nothing herein shall be construed as limiting or prohibiting the Harbor Manager from exercising the right to limit or restrict the use of this facility so as not to conflict with scheduled activities in the West Strand Plaza.
(21) 
There shall be a fee assessed as per the attached schedule.[1]
[1]
Editor's Note: The Fee Schedule is on file in the office of the City Clerk.
(22) 
No one shall permit major maintenance to any vessel maintained within Site A, B or C unless approved by the Harbor Manager.
[Added 5-1-2007, approved 5-3-2007]
(23) 
No littering or discharge of pollution shall be allowed. No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited or discharged into the waterfront areas, including Site A, B or C, any litter or other materials, including but not limited to any refuse or waste matter, sewage, petroleum products or by-products, paint, varnish, dead animals, fish parts or debris of any kind, which renders the waters unsightly, noxious, unwholesome or otherwise detrimental to the public health or welfare or to the enjoyment of the water for recreational purposes.
[Added 5-1-2007, approved 5-3-2007]
(24) 
No person shall operate a marine toilet at any time so as to cause or permit to pass or to be discharged into the waterfront, including Site A, B or C, any untreated sewage or any other waste, matter or contaminant of any kind pursuant to § 33-C of the New York State Navigational Law.
[Added 5-1-2007, approved 5-3-2007]
(25) 
Each person anchoring or mooring a vessel in the waterfront, including Site A, B or C, shall be responsible for any damage to that vessel or to any other vessel or any other property damage caused by that vessel.
[Added 5-1-2007, approved 5-3-2007]
(26) 
Violations of the above regulations shall constitute an infraction and shall be subject to a fine not to exceed $100 and/or the denial of future use of the facility for not more than one year.
[Adopted 7-7-1992 as L.L. No. 4-1992, approved 7-14-1992 (Ch. 120B of the 1984 Code)]
This article will be known as the "City of Kingston Waterfront Consistency Review Law."
A. 
This article 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 article is to provide a framework for agencies of the City of Kingston 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 and direct actions are consistent with said policies and purposes.
C. 
It is the intention of the City of Kingston that the preservation, enhancement and utilization of the natural and man-made resources of the unique coastal area of the city 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 article is intended to achieve such a balance, permitting the beneficial use of coastal resources when preventing: loss of living esturine 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 article shall only apply while there is in existence a City 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 article, the following terms shall have the meanings indicated:
ACTIONS
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;
(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 mailing 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; and
(4) 
Any combinations of the above.
B. 
This article 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 City of Kingston.
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 City of Kingston, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the City of Kingston 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, to the extent practicable, 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 Local Waterfront Revitalization Program of the City of Kingston, 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 City of Kingston.
WATERFRONT ADVISORY COMMITTEE or COMMITTEE
The Urban Cultural Park Commission of the City of Kingston, as created by Chapter 22 of the Code of the City of Kingston.
The Committee is authorized to review and make recommendations, in accordance with § 398-11, herein, to appropriate agencies regarding the consistency of proposed actions with the Kingston Local Waterfront Revitalization Program policy standards and conditions.
A. 
Whenever a proposed action is located in the city's coastal area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection G herein.
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 coastal area, the applicant, or in the case of a direct action, the agency, shall prepare a coastal assessment form (CAF) to assist with the consistency review of the proposed action.
C. 
The agency shall refer a copy of the completed CAF to the Committee within 20 days of its submission and prior to making its determination, shall consider the recommendation of the Committee with reference to the consistency of the proposed action.
D. 
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The Committee shall require the applicant to submit all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendation.
E. 
The Committee shall render its written recommendation to the agency within 30 days following referral of the CAF from the agency, unless extended by mutual agreement of the Committee and the applicant, or in the case of direct action, the agency, or extended if additional information is requested by the Committee to render a written recommendation. The recommendation shall indicate whether, in the opinion of the Committee, 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 opinion. The Committee shall, along with its consistency recommendation, 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 Committee's recommendation is not forthcoming within the specified time, the referring agency may make its decision without the benefit of the Committee's recommendation.
F. 
The agency shall make the determination of consistency based on the CAF, the Committee recommendation and such other information as is deemed to be necessary in its determination. The agency shall issue its determination within 45 days following receipt of the Committee's recommendation and submission by the applicant of any additional required information. The agency 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 article.
G. 
Actions to be undertaken within the Kingston 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 of the City of Kingston LWRP, a copy of which is on file in the City 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) 
Revitalize the deteriorated and underutilized waterfront areas of Kingston (Policies 1, 1A, 1B, 1C, 1D and 1E).
(2) 
Retain and promote commercial and recreational water-dependent uses (Policies 2, 2A, 2B and 2C).
(3) 
Strengthen the economic base of Kingston's smaller harbor areas by encouraging traditional uses and activities (Policies 4, 4A, 4B and 4C).
(4) 
Ensure the development occurs where adequate public infrastructure is available to reduce health and pollution hazards (Policies 5, 5A and 5B).
(5) 
Expedite local permit procedures and use performance standards for development within the waterfront area (Policy 6).
(6) 
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7 and 8).
(7) 
Encourage and expand commercial fishing facilities to promote commercial and recreational fishing opportunities (Policies 9, 10 and 10A).
(8) 
Minimize flooding and erosion hazards through nonstructural means, carefully selected, long-term structural measures and appropriate siting of structures (Policies 11, 13, 13A, 14, 15, 16 and 17).
(9) 
Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken (Policy 18).
(10) 
Maintain and improve public access to the shoreline and the water-related recreational facilities while protecting the environment (Policies 1, 1A, 1B, 1E, 2, 2B, 2C, 4, 4A, 4B, 4C, 5, 5A, 9, 19A, 19B, 20, 20A, 21, 21A, 21B and 22).
(11) 
Protect and restore historic and archaeological resources (Policies 23 and 23A).
(12) 
Protect and upgrade scenic resources (Policies 25, 25a and 25B).
(13) 
Site and construct energy facilities in a manner in which will be compatible with the environmental and contingent upon the need for a waterfront or water location (Policies 27, 30, 30A, 30B, 31, 33, 33A, 33B, 35, 36, 36A, 37, 38, 39, 40, 41, 42, 43 and 44).
(14) 
Protect surface and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 30A, 30B, 31, 32, 33, 33A, 33B, 34, 34A, 35, 36, 36A, 37, 38, 39, 40 and 44).
(15) 
Perform dredging and dredge spoil in a manner protective of natural resources (Policies 15 and 35).
(16) 
Handle and dispose of solid and hazardous wastes and effluents in a manner which will not adversely affect the environment nor expand existing landfills (Policies 34, 34A, 35, 36, 36A and 39).
(17) 
Protect air quality (Policies 41, 42 and 43).
(18) 
Protect freshwater wetlands (Policy 44).
H. 
Actions inconsistent with policy standards.
(1) 
If the agency 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 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, and that:
(a) 
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions;
(b) 
The action will advance one or more of the other LWRP policy standards and conditions; or
(c) 
The action will result in an overriding city, 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.
I. 
Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Committee. Such files shall be made available for public inspection upon request.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
The City Building Safety Officer shall be responsible for enforcing this article. No work or activity on a project in the coastal area which is subject to review under this article shall be commenced or undertaken until the Building Safety Officer has been presented with a written determination from an agency that the action is consistent with the city's LWRP policy standards and conditions. In the event that an activity is not being performed in accordance with this article or any conditions imposed thereunder, the Building Safety 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. 
A person who violates any of the provisions of, or who fails to comply with any conditions imposed by this article 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 offenses. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional offense.
B. 
The City Corporation Counsel is authorized and directed to institute any and all actions and proceedings necessary to enforce this article. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty. The city may also enforce this article by injunction or other civil proceeding.