[HISTORY: Adopted by the Board of Trustees of the Village of Alexandria Bay 4-29-2016 by L.L. No. 3-2016. Amendments noted where applicable.
GENERAL REFERENCESAttachment 1 - Appendix A: Coastal Assessment Form (CAF)
Public docks — See Ch. 60.
Flood damage prevention — See Ch. 82.
Harbor management — See Ch. 88.
Subdivision of land — See Ch. 132.
Zoning — See Ch. 150.
Editor's Note: This local law also superseded former Ch. 147, Waterfront Consistency Review, adopted 10-14-2008 by L.L. No. 5-2008.
As used in this chapter, the following terms shall have the meanings indicated:
- Include all of the following except minor actions:
- 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; and
- D. Any combinations of the above.
- Any person, other than the Village agency, that proposes an action located in the LWRA.
- COASTAL AREA or LOCAL WATERFRONT REVITALIZATION AREA (LWRA)
- 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, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Village of Alexandria Bay Local Waterfront Revitalization Program on file at the office of the Village Clerk/Treasurer.
- COASTAL ASSESSMENT FORM (CAF)
- The form, contained in Appendix A, completed by an applicant or Village agency to assist it in assuring that the action being proposed is consistent with the policies and purposes of the LWRP.
- The action will fully comply with the policies and purposes of the LWRP and, whenever practicable, will advance one or more of them.
- DIRECT ACTIONS
- Actions planned and proposed for implementation by a Village agency, such as, but not limited to, capital projects, rule making, procedure making and policy making.
- All conditions, circumstances and influences surrounding and affecting the development of living organisms or other resources in the coastal area.
- INVOLVED AGENCY
- A state, county, or local government agency, other than the Village, that has the jurisdiction by law to fund, approve or directly undertake an action. If any of the listed agencies are required to make a discretionary decision to fund, approve or undertake an action, then it is an involved agency notwithstanding that it has not received an application for funding or approval at the time the SEQRA process is commenced. The lead agency is also an involved agency.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The program of the Village, approved by the Secretary of State, a copy of which is on file in the office of the Village Clerk/Treasurer.
- MINOR ACTIONS
- Include the following actions, which are not subject to review under this chapter:
- A. Maintenance or repair involving no substantial changes in an existing structure or facility;
- B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in 6 NYCRR 617.4;
- C. Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming;
- D. Repaving of existing highways not involving the addition of new travel lanes;
- E. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities;
- F. Maintenance of existing landscaping or natural growth;
- G. Construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities;
- H. Routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings, but not changes in use related to such closings;
- I. Construction or expansion of a single-family, a two-family or a three-family residence on an approved lot, including provision of necessary utility connections as provided in 6 NYCRR 617.5(c)(11) and the installation, maintenance and/or upgrade of a drinking water well and a septic system;
- J. Granting of an area variance(s) for a single-family, two-family or three-family residence;
- K. Public or private best forest management (silvicultural) practices on less than 10 acres of land, but not including waste disposal, land clearing not directly related to forest management, clear-cutting or the application of herbicides or pesticides;
- L. Minor temporary uses of land having negligible or not permanent impact on the environment;
- M. Installation of traffic control devices on existing streets, roads and highways;
- N. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns;
- O. Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or unlisted action;
- P. Official acts of a ministerial nature involving no exercise of discretion, including building permits and historical preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s);
- Q. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;
- R. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal of action, provided those activities do not commit the agency to commence, engage in or approve such action;
- S. Collective bargaining activities;
- T. Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt;
- U. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession;
- V. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, or other hazardous materials;
- W. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list;
- X. Engaging in review of any part of any application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of 6 NYCRR 617.5 have been fulfilled;
- Y. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion;
- Z. Adoption of a moratorium on land development or construction;
- AA. Interpreting an existing code, rule or regulation;
- BB. Designation of local landmarks or their inclusion within historic districts; and
- CC. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such action are directly related to the emergency and are performed to cause the lease change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of 6 NYCRR 617.5.
- The New York State Environmental Quality Review Act (6 NYCRR Part 617) and any rules and regulations promulgated thereunder.
- The Incorporated Village of Alexandria Bay.
- VILLAGE AGENCY
- Any official board, council, office, department, or other body or officer of the Village of Alexandria Bay. The chief law enforcement agency for this chapter shall be the Village Zoning/Code Enforcement Officer.
Editor's Note: Appendix A is included as an attachment to this chapter.
The Board of Trustees shall be responsible for coordinating review of actions in the Village's coastal area for consistency with the LWRP, and will advise, assist and make consistency recommendations to other Village agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program.
The Board of Trustees shall coordinate with the New York State Department of State regarding consistency review of actions by federal agencies and with state agencies regarding consistency review of their actions.
The Board of Trustees shall make applications for funding from state, federal, or other sources to finance projects under the LWRP.
The Board of Trustees shall perform other functions regarding the coastal area and direct such actions or projects as are necessary, or as the Board of Trustees may deem appropriate, to implement the LWRP.
Whenever a proposed action is located within the Village's coastal area, each Town agency shall, prior to approving, funding, or undertaking the action, make a determination that it is consistent with the LWRP policy standards set forth in Subsection L herein. No action in the coastal area shall be approved, funded, or undertaken by that agency without such a determination.
As early as possible in a Village agency's formulation of a direct action to be located in the coastal area, the Village agency shall complete a coastal assessment form (CAF) to assist the Board of Trustees with the LWRP consistency review. The Board of Trustees shall prepare the CAF for any direct action by the Village.
Whenever an applicant prepares and submits an application for approval or funding of an action to be located in the coastal area to a Village agency, the applicant shall prepare and submit a CAF as part of the application to assist the Board of Trustees with the LWRP consistency review.
The Village agency proposing a direct action to be located in the coastal area on its own behalf or receiving an application for authorization or funding from an applicant shall forward a copy of the completed CAF together with a description of the direct action by a Village agency, or an application for authorization or funding, to the Board of Trustees within 10 days of the completion of the CAF by the Village agency or receipt of the CAF from the applicant. No Village agency shall make a final determination on an application or an action during the time allowed for the Board of Trustees' review, prior to receiving a recommendation on the application from the Board of Trustees.
After having received a referral from a Village agency, the Board of Trustees shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in this chapter. An applicant or a Village agency, as the case may be, shall submit to the Board of Trustees, at its request, any additional information that the Board of Trustees decides is material and necessary to make its consistency recommendation. Any such requests for additional information shall be reasonably related to the subject of the Board of Trustees' review authority.
If the Board of Trustees determines that it is necessary for other involved agencies to review the action, a copy of the CAF, the SEQRA environmental assessment form, application, and any other pertinent supporting materials shall be forwarded to each such involved agency for its review and comment. If there is no response from an involved agency within 30 days, the Board of Trustees shall presume that the involved agency has not identified any conflict(s) or has no comment.
After review of the CAF and related materials and any comment received from involved agencies or other interested parties, the Board of Trustees shall render its written consistency recommendation. Such recommendation shall be made within 30 days following receipt of the completed CAF, unless such time is extended by mutual agreement of the Board of Trustees and the Village agency or applicant. The recommendation shall indicate whether the proposed action is consistent with the LWRP policy standards or conditions. The Board of Trustees may, along with its consistency recommendation, make recommendations to the Village agency concerning modification of the proposed action to make it consistent with, or to better advance, the LWRP policy standards. [If an environmental impact statement (EIS) is required for a proposed action pursuant to SEQRA, the Board of Trustees' decision may be deferred until the EIS has been completed.]
Determination by Board of Trustees.
If the Board of Trustees determines that the action is not consistent with one or more of the LWRP policy standards or purposes, the Board of Trustees shall provide the Village agency, involved agency, or applicant with a written statement identifying the policies or purposes of the LWRP with which the proposed action conflicts and make any suggestions concerning modification of the proposed action to make it consistent with or to greater advance LWRP policies or purposes. The Board of Trustees may also provide an alternative to the proposed action, if practicable, which would advance any of the LWRP policies or purposes.
Where an action has been determined to be inconsistent with the policies or purposes of the LWRP, the Village agency or applicant may propose modifications in writing, which, if determined to be sufficient by the Board of Trustees, may result in a finding of consistency.
Any modification agreed to by the Village agency or applicant and the Board of Trustees shall be binding on the Village agency, involved agency or applicant and shall be included as a condition in writing any approvals and/or authorizations.
If an environmental impact statement (EIS) is required for an action in the LWRA, the draft EIS (DEIS) shall contain a discussion of the effects of the action on all applicable LWRP policies and purposes. The DEIS shall be reviewed by the Board of Trustees, which shall provide comments to the lead agency [as defined in SEQRA regulations (6 NYCRR 617.2)] on the consistency of the action with the LWRP policies and purposes. A written consistency recommendation shall be provided in the final EIS for the action.
Written certification by Board.
If the Board of Trustees determines that the action would not be consistent with one or more of the LWRP policies and purposes, such action shall not be undertaken unless the Board of Trustees certifies, in writing, that the proposed action meets the following four requirements:
The action would be undertaken in a manner which would minimize all adverse effects on such LWRP policies and purposes to the maximum extent practicable; and
No reasonable alternative exists which would permit the action to be undertaken in a manner that will not substantially hinder the achievement of such LWRP policies and purposes; and
The action advances one or more of the other LWRP policies and purposes; and
The action will result in overall Village, town, regional or statewide public benefit.
Such written certification shall constitute a determination that the action is consistent with the LWRP.
The Board of Trustees shall maintain a file for each action made the subject of a consistency determination. This file shall be made available for public inspection upon request, subject to the requirements of the Freedom of Information Law.
Editor's Note: See Art. 6 of the Public Officers Law.
Actions to be undertaken within the coastal area shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions and the land and water use plan in Section IV of the LWRP. The policies are described and explained in greater detail in Section III of the LWRP a copy of which is on file in the office of the Village Clerk/Treasurer, and is available for inspection during normal business hours.
Policy 1: Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses.
Policy 1A: Foster a pattern of development in the waterfront area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a waterfront location, and minimizes adverse effects of development.
Policy 2: Facilitate the siting of water-dependent uses and facilities on or adjacent to coastal waters.
Policy 3: Further develop the state's major ports of Albany, Buffalo, New York, Ogdensburg, and Oswego as centers of commerce and industry, and encourage the siting in these port areas, including those under the jurisdiction of state public authorities, of land use and development which is essential to or in support of the waterborne transportation of cargo and people. (Not applicable.)
Policy 4: Strengthen the economic base of smaller harbor areas by encouraging the development and enhancement of those traditional uses and activities which have provided such areas with their unique maritime identity.
Policy 5: Encourage the location of development in areas where public services and facilities essential to such development are adequate.
Policy 6: Expedite permit procedures in order to facilitate the siting of development activities at suitable locations.
Fish and wildlife policies.
Policy 7: significant coastal fish and wildlife habitats, as identified on the coastal area map, shall be protected, preserved, and, where practical, restored so as to maintain their viability as habitats.
Policy 7A: Ironside Island is a significant coastal fish and wildlife habitat and shall be protected, preserved, and, where practical, restored so as to maintain its viability as a habitat.
Policy 7B: Crooked Creek Marsh is a significant coastal fish and wildlife habitat and shall be protected, preserved, and, where practical, restored so as to maintain its viability as a habitat.
Policy 7C: Goose Bay and Cranberry Creek constitute a significant coastal fish and wildlife habitat and shall be protected, preserved and, where practical, restored so as to maintain its viability as a habitat.
Policy 7D: Lake of the Isles is a significant coastal fish and wildlife habitat and shall be protected, preserved, and, where practical, restored so as to maintain its viability as a habitat.
Policy 7E: St. Lawrence River Shoreline Bays are a significant coastal fish and wildlife habitat and shall be protected, preserved, and, where practical, restored so as to maintain their viability as a habitat.
Policy 7F: Wellesley Island Pools are a significant coastal fish and wildlife habitat and shall be protected, preserved, and where practical, restored so as to maintain their viability as a habitat.
Policy 7G: Chippewa Bay Tern Colonies are a significant coastal fish and wildlife habitat and shall be protected, preserved, and where practical, restored so as to maintain their viability as a habitat.
Policy 8: Protect fish and wildlife resources in the coastal area from the introduction of hazardous wastes and other pollutants which bioaccumulate in the food chain or which cause significant sublethal or lethal effect on those resources.
Policy 9: Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new resources. Such efforts shall be made in a manner that ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them.
Policy 10: Further develop commercial finish, shellfish, and crustacean resources in the coastal area by: I) encouraging the construction of new, or improvement of existing, on-shore commercial fishing facilities; II) increasing marketing of the state's seafood products and III) maintaining adequate stocks and expanding aquaculture facilities. Such efforts shall be in a manner that ensures the protection of such renewable fish resources and considers other activities dependent on them. (Not applicable.)
Flooding and erosion hazards policies.
Policy 11: Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion.
Policy 12: Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands, and bluffs. Primary dunes will be protected from all encroachment that could impair their natural protective capacity.
Policy 13: The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least 30 years as demonstrated in design and construction standards and/or assured maintenance or replacement programs.
Policy 13A: The construction or reconstruction of docks, boathouses, boat hoists, public access facilities, and other shoreline structures shall be undertaken in a manner which will, to the maximum extent practicable, protect against or withstand the destructive forces of wave action and ice movement.
Policy 13B: Where environmentally sound, cost-effective measures can be taken to minimize the wave action and ice movement itself, such measures shall be pursued in consultation with appropriate state and federal agencies, local marina and shoreline interests, and experts in the fields of marine engineering and construction.
Policy 14: Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations.
Policy 15: Mining, excavation, or dredging or blasting in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land.
Policy 16: Public funds shall only be used for erosion protection structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long-term monetary and other costs, including the potential for increasing erosion and adverse effects on natural protective features.
Policy 16A: Public funds shall not be used for shoreline structures subject to severe wave action and ice movement except where the public benefits that would accrue to the Village or town in terms of improving public access and recreation, enhancing tourism or siting water-dependent uses outweigh the long-term costs of such structures.
Policy 16B: Public funds shall be used for wave and ice protective structures only where deemed necessary for public safety or, if public benefits outweigh long-term costs, for the protection of shoreline structures upon which existing or proposed water-dependent uses must rely.
Policy 17: Nonstructural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible.
Policy 17A: Wherever possible, use nonstructural measures to minimize damage to shoreline structures from wave action and ice movement, including the siting of structures in areas less exposed to such forces.
Policy 18: To safeguard the vital economic, social, and environmental interests of the state and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the state has established to protect valuable coastal resource areas.
Public access policies.
Policy 19: Protect, maintain, and increase the level and types of access to public water-related recreation resources and facilities so that these resources and facilities may be fully utilized in accordance with reasonably anticipated public recreation needs and the protection of historic and natural resources. In providing such access, priority shall be given to public beaches, boating facilities, fishing areas, and waterfront parks.
Policy 19A: Protect, maintain, and improve pedestrian, vehicular, and waterborne access to public water-related recreation facilities at the James Street docks, Scenic View Park and Casino Island.
Policy 19B: Protect, maintain, and improve access to the public water-related recreational facilities at the Village boat launches at Holland Street and at Crossman Street and the Town boat launch at Goose Bay.
Policy 20: Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided, and it should be provided in a manner compatible with adjoining uses. Such lands shall be retained in public ownership.
Policy 21: Water-dependent and water-enhanced recreation will be encouraged and facilitated, and will be given priority over non-water-related uses along the coast, provided it is consistent with the preservation and enhancement of other coastal resources and takes into account demand for such facilities. In facilitating such activities, priority shall be given to areas where access to the recreation opportunities of the coast can be provided by new or existing public transportation services and to those areas where the use of the shore is serverely restricted by existing development.
Policy 22: Development, when located adjacent to the shore, will provide for water-related recreation, as a multiple use, whenever such recreational use is appropriate in light of reasonably anticipated demand for such activities and the primary purpose of the development.
Historic and scenic resources policies.
Policy 23: Protect, enhance, and restore structures, districts, areas or sites that are of significance in the history, architecture, archeology or culture of the state, its communities, or the nation.
Policy 24: Prevent impairment of scenic resources of statewide significance, as identified on the coastal area map. Impairment shall include:
The irreversible modification of geologic forms, the destruction or removal of vegetation, the destruction or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resource; and
The addition of structures which because of siting or scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource.
Policy 25: Protect, restore or enhance natural and man-made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area.
Policy 25A: Protect, restore, or enhance the scenic quality of the St. Lawrence River and the Thousand Islands as important features of the local economy and the area's unique identity.
Agricultural lands policy.
Policy 26: To conserve and protect agricultural lands in the state's coastal area, an action shall not result in a loss, nor impair the productivity, of important agricultural lands, as identified on the coastal area map, if that loss or impairment would adversely affect the viability of agriculture in an agricultural district, or if there is no agricultural district, in the area surrounding such lands.
Energy and ice management.
Policy 27: Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location.
Policy 27A: Decisions siting commercial wind farms or solitary wind turbines for commercial or residential use in the coastal area must take into consideration potential impacts on the scenic, cultural, and historic resources in the local waterfront revitalization area.
Policy 28: Ice management practices shall not damage significant fish and wildlife and their habitats, increase shoreline erosion or flooding, or interfere with the production of hydroelectric power.
Policy 29: Encourage the development of energy resources on the outer continental shelf, in lake Erie and in other water bodies, and ensure the environmental safety of such activities.
Water and air resources policies.
Policy 30: Residential, municipal, industrial, and commercial discharge of pollutants, including, but not limited to, toxic and hazardous substances, into coastal waters will conform to state and national water quality standards.
Policy 31: State coastal area policies and management objectives of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint.
Policy 32: Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities.
Policy 32A: Encourage the improvement of sanitary waste systems within the waterfront area of the Town of Alexandria not served by municipal systems, in order to protect the water quality of the St. Lawrence River and its associated water areas.
Policy 33: Best management practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters.
Policy 34: Discharge of waste materials into coastal waters from vessels will be limited so as to protect significant fish and wildlife habitats, recreational areas, and water supply areas.
Policy 35: Dredging, filling, and blasting in coastal waters and disposal of dredged material will be undertaken in a manner that meets existing state permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands.
Policy 36: Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur.
Policy 37: Best management practices will be utilized to minimize the nonpoint discharge of excess nutrients, organics, and eroded soils into coastal waters.
Policy 38: The quality and quantity of surface water and groundwater supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply.
Policy 39: The transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands and scenic resources.
Policy 40: Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to state quality standards.
Policy 41: Land use or development in the coastal area will not cause national or state air quality standards to be violated.
Policy 42: Coastal management policies will be considered if the state reclassifies land areas pursuant to the prevention of significant deterioration regulations to the Federal Clean Air Act.
Policy 43: Land use or development in the coastal area must not cause the generation of significant amounts of the acid rain precursors: nitrates and sulfates.
Policy 44: Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas.
Enforcement of the provisions of this chapter shall be coordinated by the Board of Trustees of the Village under the rules and regulations adopted by such Board, or by such person as hereafter may be designated by the Board of Trustees.
The Code Enforcement Officer of the Village of Alexandria Bay or any other law enforcement officer shall issue summonses for illegal violations of this chapter. No person shall commence or undertake an action subject to review under this chapter until a written determination has been made and filed stating the action is consistent with the LWRP policies and purposes. In the event that an action in the LWRA is being conducted by a person without such written determination, a notice of violation, summons and/or stop-work order shall be issued immediately, and no further work shall be undertaken on the project so long as the stop-work order is in effect.
No action within the Village of Alexandria Bay coastal area, which is subject to review under this chapter, shall proceed until a written determination has been issued from a Village agency that the action is consistent with the Village's LWRP policy standards. In the event that an activity is being performed in violation of this chapter or any conditions imposed thereunder, the Village Zoning/Code Enforcement Officer or any other authorized official of the Village 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. The Town Zoning/Code Enforcement Officer, Town Attorney, and Police Department shall be responsible for enforcing this chapter.
Any person who violates any of the provisions of, or fails to comply with any determination or condition imposed by, this chapter shall have committed a violation, punishable by a fine not to exceed $500 upon conviction of a first offense, and punishable by a fine not to exceed $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 a continuing violation after a stop-work order has been issued will constitute a separate violation.
The Village Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. Any civil penalty imposed shall be in addition to and not in lieu of any criminal prosecution or penalty associated with the violation.