[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 1-28-1997 by L.L. No. 7-1997 (Ch. 59A of the 1965
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 145.
Excavation, filling and topsoil removal — See Ch. 190.
Flood damage prevention — See Ch. 220.
Stormwater management and erosion and sediment control — See Ch. 358.
Wetlands and watercourses — See Ch. 418.
Subdivision of land — See Ch. 425.
Zoning — See Ch. 450.
This chapter will be known as the "Village of Sleepy Hollow
Waterfront Consistency Review Law."
B.
The purpose of this chapter is to provide a framework for agencies
of the Village of Sleepy Hollow to consider the policies and purposes
contained in the Local Waterfront Revitalization Program when reviewing
applications for action or direct agency action 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 Village of Sleepy Hollow 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 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 estuarine resources and wildlife; diminution
of open space areas or public access to the waterfront; erosion of
shoreline; impairment to 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 Village 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:
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 resolution that
may affect the environment; and
Any combinations of the above.
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 Sleepy Hollow.
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 Sleepy Hollow as shown
on the coastal area map on file in the office of the Secretary of
State and as delineated in the Village of Sleepy Hollow Local Waterfront
Revitalization Program.
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
That the action will fully comply with the LWRP policy standard
and conditions and, whenever practicable, will advance one or more
of them.
An action 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 Village
of Sleepy Hollow, 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 Sleepy Hollow.
The Waterfront Advisory Committee of the Village of Sleepy
Hollow, as created by this chapter.
A.
The Committee is authorized to review and make recommendations to
appropriate agencies regarding the consistency of proposed actions
with the Sleepy Hollow Local Waterfront Revitalization Program policy
standards and conditions.
B.
The Committee will provide general oversight for the administration
of the Village's LWRP and technical assistance in the form of
advice. Such Committee will function as the Village entity that is
primarily responsible, in an advisory capacity, for implementing the
policies, purposes and projects contained within the Village's
LWRP. The Committee will also function as the Village agency that
makes recommendations for consistency of actions with the Village's
LWRP as prescribed by this chapter.
C.
The Committee shall consist of seven members, who shall serve without
compensation. All members of the Committee shall be residents of the
Village of Sleepy Hollow and shall be appointed by the Mayor, with
the approval of the majority of the Trustees present and voting, for
terms of three years, except that of the members first appointed,
one shall hold office for a term of one year, two for terms of two
years, two for terms of three years, and two for terms of four years
from and after their appointments. Members of the Committee shall
continue to hold office until their successors have been appointed
and qualified. The Mayor shall appoint from among the members of the
Committee a Chair and Acting Chair. The Village Clerk or Deputy Clerk
shall act as the Clerk of the Committee. If a vacancy on the Committee
shall occur otherwise than by unexpired term, it shall be filled by
the Mayor for the unexpired term. The Board of Trustees shall have
power to remove any members of the Committee for cause and after a
public hearing. Members of the Committee shall be required to recuse
themselves from voting on any project in which their own financial
interests are directly involved.
D.
Meetings of the Committee shall be open to the public and shall be
held at the call of the Chair and at such times as the Committee may
determine. Four members of the Committee shall constitute a quorum
for the transaction of business. Action of the Committee may be taken
by a vote of the majority of the members present and voting. The Committee
shall keep minutes of its proceedings, showing the vote of each member
upon each question or, if absent or failing to vote, indicating that
fact, and shall also keep records of its examinations and other official
actions. The Committee shall have power from time to time to adopt,
amend and repeal rules and regulations, not inconsistent with law
or the provisions of this chapter, governing its procedure and the
transaction of its business and for the purpose of carrying into effect
the standards outlined herein. Every rule or regulation, every amendment
or repeal thereof and every order, requirement, decision or determination
of the Committee shall immediately be filed in the office of the Village
Clerk and shall be a public record. The Committee shall have the power
to employ consultants and to pay for their services and such other
expenses that may be necessary and proper, not exceeding in all the
appropriations that may be provided for such purposes by the Board
of Trustees.
A.
Whenever a proposed action is located in the Village'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 in the consistency review of the proposed
action.
C.
The agency shall refer a copy of the completed CAF to the Committee
within 10 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 condition set forth in Subsection G herein. The Committee shall require the applicant to submit all completed applications, CAFs and any other information deemed to be necessary to its consistency recommendation.
E.
Recommendation.
[Amended 10-18-2002 by L.L. No. 14-2002]
(1)
Consistency reviews for environmental impact statements. In the event
the agency is coordinating the review of an environmental impact statement
(EIS), the agency shall refer a copy of the draft EIS to the Committee
for its review. Before the end of the required comment period on the
draft EIS, the Committee shall provide to the agency, in writing,
a preliminary consistency review, which shall indicate to the agency
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. The preliminary consistency review shall detail the
basis for the Committee's opinion. The Committee may also provide
to the agency any suggestions concerning the modifications of the
proposed action to make it consistent with LWRP policy standards and
conditions or to better advance them. Upon acceptance of the final
EIS by the agency, the agency shall refer the final EIS to the Committee
for a final consistency review. The final consistency review shall
be filed with the agency, in writing, prior to the adoption of an
environmental findings statement concluding the environmental review
process. The final consistency review shall indicate to the agency
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. The preliminary consistency review shall detail the
basis for the Committee's opinion. The Committee may also provide
to the agency any suggestions concerning the modification of the proposed
action to make it consistent with LWRP policy standards and conditions
or to greater advance them.
(2)
Consistency review for actions not requiring an environmental impact
statement. For actions not requiring an environmental impact statement,
the Committee shall render its written recommendation to the agency
within the time period requested by the agency unless such time period
is extended by mutual agreement of the Committee and the applicant
or, in the case of direct action, the agency. 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
this opinion. The Committee shall, along with its consistency recommendation,
make any suggestions to the agency concerning modifications of the
proposed action to make it consistent with LWRP policy standards and
conditions or to greater advance them.
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 following receipt of the Committee's recommendation
and submission by the applicant of any additional required information,
and prior to its decision on the merits of the proposed action. The
agency shall have the authority, in its findings of consistency, to
impose practicable and reasonable conditions on an action to ensure
that it is carried out in accordance with this chapter. In the event
that the Committee's recommendation is not forthcoming within
the specified time, the referring agency shall make its decision without
the benefit of the Committee's recommendation.
[Amended 1-18-2002 by L.L. No. 14-2002]
G.
Actions to be undertaken within the Sleepy Hollow 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 Village of Sleepy Hollow
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:
(1)
Revitalize the deteriorated and underutilized waterfront area (Policies
1, 1A, 1B, 1C, 1E, 1F, 1G, 1H, 1J and 1K).
(2)
Retain and promote commercial and recreational water-dependent use
(Policies 2 and 2A).
(3)
Strengthen the economic base of Sleepy Hollow smaller harbor areas
by encouraging traditional uses and activities (Policy 4).
(4)
Ensure that 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, 7A,
7B, 7C, 8, 8A and 8B).
(7)
Encourage and expand commercial fishing facilities to promote commercial
and recreational fishing opportunities (Policies 9 and 10).
(8)
Minimize flooding and erosion hazards through nonstructural means,
carefully selected, long-term structural measures and appropriate
siting of structures (Policies 11, 13, 13A, 13B, 14, 15, 16, 16A,
16B, 17 and 17A).
(9)
Safeguard economic, social and environmental interests in the coastal
area when major actions are undertaken (Policies 18, 18A, 18B and
18C).
(10)
Maintain and improve public access to the shoreline and the
water-related recreational facilities while protecting the environment
(Policies 1, 1A, 1B, 1D, 1E 1F, 1H, 2, 2A, 4, 9, 19, 19A, 19B, 19C,
19D, 19E, 19F, 20, 20A, 20B, 21, 21A, 21B, 21C, 22 and 22A).
(11)
Protect and restore historic and archeological resources (Policies
23, 23A, 23B and 23C).
(12)
Protect and upgrade scenic resources (Policies 25, 25A and 25B).
(13)
Site and construct energy facilities in a manner which will
be compatible with the environment and contingent upon the need for
a waterfront or water location (Policies 27, 30, 31, 33, 35, 35A,
35B, 35C, 35D, 35E, 36, 37, 38, 39, 39A, 40, 40A, 41A, 42, 43 and
44).
(14)
Protect surface water and groundwaters from direct and indirect
discharge of pollutants and from overuse (Policies 30, 31, 33, 35,
35A, 35B, 35C, 35D, 35E, 36, 37, 38, 39A, 40, 40A, 41, 42, 43 and
44).
(15)
Perform dredging and dredge spoil in a manner protective of
natural resources (Policies 15, 35, 35A, 35B, 35C, 35D and 35E).
(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, 35A, 35B, 35C, 35D, 35E,
36, 39 and 39A).
(17)
Protect air quality (Policies 41, 41A, 42 and 43).
(18)
Protect freshwater wetlands (Policy 44).
H.
Written findings.
(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:
(a)
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;
(b)
The action would be undertaken in a manner which will minimize
all adverse effects on such LWRP policy standards and conditions;
(c)
The action will advance one or more of the other LWRP policy
standards and conditions; and
(d)
The action will result in an overriding Village, 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.
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 Village Building Inspector has been presented
with a written determination from an agency that the action is consistent
with the Village'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 Village 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.
A.
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, 15 days' imprisonment,
or both, for a conviction of a first offense; and punishable by a
fine of $1,000, 15 days' imprisonment, or both, 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.
[Amended 1-22-2013 by L.L. No. 1-2013]
B.
The Village Attorney is authorized and directed to institute any
and all actions and proceedings necessary to enforce this chapter.
Upon the approval of the Board of Trustees 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.
