[L.L. No. 10-1999, § 1]
This chapter will be known as the "City of Poughkeepsie Waterfront Consistency Review Law."
[L.L. No. 10-1999, § 1]
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).
This chapter is intended to provide a framework for agencies of the City of Poughkeepsie to consider the policies and purposes contained in the Local Waterfront Revitalization Program (LWRP) 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 City of Poughkeepsie that the preservation, enhancement and utilization of the natural and manmade resources and water-dependent uses of the city's unique coastal area take place in a coordinated and comprehensive manner to accommodate population growth and economic development and to ensure a proper balance between natural resources. Accordingly, it is the purpose of this chapter 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 of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems.
The substantive provisions of this chapter shall apply only 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.
[L.L. No. 10-1999, § 1]
All boards, departments, offices, other bodies or officers of the City of Poughkeepsie are responsible for the implementation of the LWRP within the bounds of their jurisdiction and must comply with this chapter, to the extent applicable, prior to carrying out, approving or funding any action.
[L.L. No. 10-1999, § 1]
As used in this chapter, the following terms shall have the meanings indicated:
- Either Type I or unlisted actions as defined in the S.E.Q.R.A. regulations (6 N.Y.C.R.R. Part 617) 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 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 combinations of the above.
- Any board, agency, department, office, other body or officer of the City of Poughkeepsie.
- COASTAL ASSESSMENT (CA)
- The format used by an agency to assist it in determining the consistency of an action with the Local Waterfront Revitalization Program.
- That the action will be in compliance to the maximum extent practicable with the City of Poughkeepsie's LWRP policies.
- 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 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 Poughkeepsie, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the City of Poughkeepsie Local Waterfront Revitalization Program.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program of the City of Poughkeepsie, as 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 Poughkeepsie.
- WATERFRONT ADVISORY COMMITTEE
- The Waterfront Advisory Committee of the City of Poughkeepsie, as created pursuant to this chapter. The Committee may review and make recommendations to appropriate agencies regarding the consistency of proposed actions with the LWRP policies.
[L.L. No. 10-1999, § 1; L.L. No. 1-2013, 2-19-2013, § 1]
A Committee is created and shall be hereafter known as the "Waterfront Advisory Committee of the City of Poughkeepsie" (hereafter "Committee"). The Committee is charged with the functions, powers and duties set forth in this chapter.
The Committee shall consist of seven members who are City of Poughkeepsie residents and who have a longstanding interest in the waterfront. Three committee members shall be appointed by a majority vote of the Common Council. The Mayor shall appoint the four other committee members.
Committee members shall serve for terms of two years with the exception of the original appointed members of the Committee who shall serve as follows:
Vacancies shall be filled by the Mayor for mayoral appointees and Common Council for Council appointees by appointment for the unexpired term.
Members may be removed by the Mayor for mayoral appointees and by the Common Council for Council appointees, for cause.
Members of the Committee shall serve without compensation but shall be entitled to reimbursement for necessary expenditures in the performance of their work, subject to budget limitations established by the City.
The Common Council shall annually appoint one Committee member to serve as Chairperson of the Committee. Upon failure of the Common Council to appoint a Chairperson, the members of the Committee shall elect a Chairperson.
The Committee may employ such persons as may be needed as authorized by the resolution of the Common Council and pursuant to law. This Committee shall have the power to adopt rules of procedure for the conduct of all business within its jurisdiction. Such rules shall become effective upon approval of the Common Council.
The Committee will make its own rules of procedure subject to applicable law.
The Committee shall appoint a Secretary who shall be responsible for keeping the minutes of the committee's meetings as required by the Opening Meetings Law of New York State. The Secretary shall file a copy of such minutes to the Building Inspector and the City Chamberlain. No less then quarterly, the Committee shall provide a report of its activity to the Common Council.
The Committee shall meeting at least quarterly.
[L.L. No. 10-1999, § 1]
The Committee shall be responsible for overall management and coordination of the LWRP and will fully participate with and advise and assist other city agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program. In pursuance of this task the Committee will:
Advise the Mayor and Common Council on implementation, priorities, work assignments, timetables and budgetary requirements of the LWRP.
As described in § 18 1/2-8. of this chapter, review direct actions of the city and funding and permitting actions, including applications for site plans, zone changes, subdivisions and public works projects in the Local Waterfront Area as are referred to it, and advise the appropriate agency as to their consistency with the LWRP.
Subject to approval by Common Council resolution, make applications for funding from state, federal or other sources to finance projects under the LWRP.
Maintain liaison with related city bodies, including but not limited to the Planning Board and Zoning Board of Appeals, and with other nongovernmental bodies, in order to further the implementation of the LWRP.
Upon the request of the Mayor and/or Common Council, evaluate in timely fashion proposed actions of state agencies within the Local Waterfront Area in order to assure consistency of such actions with the LWRP, advise Mayor and Common Council of any conflicts and participate in discussion to resolve such conflicts.
Assist the Mayor and Common Council in the review of proposed federal actions referred by the Department of State and provide an opinion concerning the consistency of the action.
Prepare an annual report on progress achieved and problems encountered during the year and recommend such actions as the Committee considers necessary for the further implementation of the LWRP to the appropriate body.
Perform other functions regarding the Local Waterfront Area as are necessary and as the Mayor and/or Common Council may assign to it from time to time.
[L.L. No. 10-1999, § 1]
Whenever a proposed action is located in the Local Waterfront Area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policies set forth in Subsection (g) herein. No action in the Local Waterfront Area shall be approved, funded or undertaken without such a determination.
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 Local Waterfront Area, the applicant, or in the case of a direct action, the agency, shall prepare a coastal assessment (CA) to assist with the consistency review.
Prior to making its determination of environmental significance under SEQR, the agency shall solicit and consider the recommendation of the Waterfront Advisory Committee with reference to the consistency of the proposed action by referring a copy of the completed application, CA, environmental assessment form (EAF) and all other relevant information to the Committee within 10 days of its receipt.
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policies set forth in Subsection (g) herein to the maximum extent practicable. The Committee shall require the applicant to submit all completed applications, CA's, EAF's and any other information deemed to be necessary to its consistency recommendations.
The Committee shall render its written recommendation to the agency within 30 days following referral of the required information from the agency, unless 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; consistent, with recommended modifications; or inconsistent with the LWRP policies. The recommendation shall elaborate in writing the basis for its opinion and state the manner and extent to which any inconsistency affects the LWRP policies.
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 policies or to greater advance them.
Failure by the Committee to make a recommendation upon a referral within the thirty-day time period or any agreed-to extension shall not preclude the agency from making its consistency determination for the action.
The agency shall make the determination of consistency based on the CA, the EAF, the recommendation of the Committee and such other information as is deemed to be necessary in its determination. Where it is determined that the action may have a significant effect upon the environment, the draft environmental impact statement (DEIS) and the environmental impact statement (EIS) each must contain a discussion of the effects of the action on and its consistency with the LWRP policies identified as applicable.
Where it is determined that the action will not have a significant effect upon the environment, the agency shall nonetheless make a written determination of consistency within 14 days of receipt of the Committee's recommendation or, if none is received, within 30 days.
If the Committee's recommendation is that the action would be inconsistent and the agency determines that it is consistent, the agency must provide a written account describing why its determination disagrees with the recommendation.
The agency shall issue its determination within 30 days following receipt of the Committee's recommendation and submission by the applicant of any additional information. No determination shall be made before the end of the time period permitted the Committee for recommendations unless the Committee recommendation is received prior to the expiration of the permitted time period. 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 chapter.
Actions to be undertaken within the Local Waterfront Area shall be evaluated for consistency in accordance with the following LWRP policies, which are derived from and further explained and described in Section III of the City of Poughkeepsie 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 consult with Section IV of the LWRP in making their consistency determination. The action shall be consistent with the policy to:
Restore, revitalize and redevelop deteriorated and underutilized waterfront areas for commercial, cultural, recreational and other compatible uses (Policy 1).
Develop city-owned waterfront properties, including Northern Waryas, the DeLaval property and the former sewage treatment plant, for mixed uses, including recreational, cultural, tourism, residential and compatible commercial use (Policy 1A).
Facilitate the siting of water-dependent uses and facilities on or adjacent to coastal waters. (Policies 2 and 2A).
Strengthen the economic base of small harbor areas by encouraging uses and activities which develop and enhance traditional uses and activities which have provided such areas with their unique maritime identity (Policy 4).
Encourage the location of development in areas where public services and facilities essential to such development are adequate (Policy 5).
Evaluate proposed development within the waterfront area for traffic impact, particularly along North Water Street and Pine Street, and evaluate the possibility of expanding carrying capacity of these roadways, if necessary (Policy 5A).
Improve vehicular access to the industrial areas in the northerly and southerly portions of the city's waterfront to enable vehicles to gain access to private industries directly from Route 9 (Policy 5B).
Encourage greater utilization of mass transit and evaluate proposed development relative to its need for access to mass transit (Policy 5C).
Evaluate proposed waterfront development for its potential to complement downtown Poughkeepsie development, particularly the Main Mall (Policy 5D).
Expedite permit procedures in order to facilitate the siting of development activities at suitable locations (Policy 6).
Protect, preserve and restore significant coastal fish and wildlife resources including, but not limited to, the Poughkeepsie Deepwater Habitat (Policies 7, 7A, 8, 40).
Perform a risk assessment for any proposed expansion of existing waterfront industries in order to protect, preserve and restore the Poughkeepsie Deepwater Habitat (Policy 7B).
Avoid the introduction of hazardous materials in or near the waterfront area and the Poughkeepsie Deepwater Habitat by, among other measures, prohibiting the introduction of new industries or technologies which would in the presence of hazardous materials and by encouraging existing industries to utilize the most current methods of containment (Policies 8A, 8B).
Expand the recreational use of fish and wildlife resources by expanding access to these resources and develop commercial fishing opportunities (Policies 9 and 10).
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, 17, 17A and 17B).
Protect the Fallkill Creek from encroachment and preserve a linear open space along the length of the creek for purposes of flood protection, aesthetics and recreation (Policy 11A).
Public funds shall be used for erosion protection structures only where necessary and in an appropriate manner (Policy 16).
Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken, especially with respect to new or expanded bridges or roads (Policies 18, 18A and 18B).
Maintain and improve public access to the shoreline and water-related recreational resources and facilities while protecting the environment (Policies 1, 1A, 2, 2A, 9, 19, 19A, 20 and 34B).
Encourage the use of public transportation to link Waryas Park and the DeLaval to each other and to the Central Business District (Policy 19B).
Increase access to the Mid-Hudson Bridge walkways (Policy 19C).
Encourage tour boats which bring large groups of people to the Poughkeepsie waterfront (Policy 19D).
Encourage, facilitate and prioritize water-dependent and water-enhanced recreational resources and facilities near coastal waters (Policy 21).
Encourage boating facilities and activity, provided that it does not interfere with other recreational opportunities (Policy 21A).
Encourage the development of water-related recreational resources and facilities, as multiple uses, in appropriate locations along the shoreline (Policy 22).
Recreational activities must be part of any use of the DeLaval property, the former sewage treatment plant and Northern Waryas (Policy 22A).
Protect, enhance and restore historic architectural cultural and archeological resources (Policies 24, 24A, 25, 25A and 25B).
Protect, restore and enhance scenic areas of statewide and local significance and viewsheds (Policies 24, 24A, 25, 25A and 25B).
Assure that any new bridge-crossing visible from the city's waterfront reflects the quality and motif of the Mid-Hudson Bridge (Policy 25C).
Site, construct or expand 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, 27A and 40).
Prevent ice management practices which would damage significant fish and wildlife and their habitat (Policy 28).
Protect surface and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 33, 34, 34A, 35, 36, 37, 38 and 40).
Provide and maintain public access along the waterfront at new marina sites; prohibit on-shore storage of boats on publicly owned waterfront lands; encourage marine toilet pumpout facilities that are hooked into the city's sewage system (Policy 34B).
Ensure that dredging and dredge spoil disposal are undertaken in a manner protective of resources (Policies 15, 35 and 35A).
Ensure that any transportation, handling or disposal of solid and hazardous wastes and effluents is in a manner which will not adversely affect the environment (Policies 34, 34A, 36, 39 and 40).
Protect the quality and quantity of surface and groundwater supplies (Policies 38 and 38A).
Protect air quality (Policies 41, 42 and 43).
If the agency determines that the action is not consistent with the achievement of the LWRP policies, 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 policies.
The action taken will minimize all adverse effects on such policies to the maximum extent practicable.
The action will advance one or more of the other LWRP policies.
The action will result in an overriding city, regional or statewide public benefit.
Such a finding shall constitute a determination that the action is consistent with the LWRP policies.
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.
[L.L. No. 10-1999, § 1]
The provisions of this chapter are severable. If any provision is found invalid, such finding shall not affect the validity of any part or provision hereof other than the provision so found to be invalid.
Where there is a conflict or discrepancy in the application or effect of the provisions of this chapter with any other law, ordinance, rule or regulation of the city, the provisions of this chapter shall govern.
[L.L. No. 10-1999, § 1]
The City Zoning Administrator shall be responsible for enforcing this chapter. No work or activity on a project in the Local Waterfront Area which is subject to review under this chapter shall be commenced or undertaken until the Zoning Administrator has been presented with a written determination from an agency that the action is consistent with the City's LWRP policies. In the event that an activity is not being performed in accordance with this chapter or any conditions imposed thereunder, the Zoning Administrator 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.
[L.L. No. 10-1999, § 1]
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 violation.
The Corporation Counsel 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 prosecution and penalty.