[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 3-28-2001 by L.L. No. 4-2001. Amendments
noted where applicable.]
GENERAL REFERENCES
Waterways — See Ch. 151.
A.
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).
B.
The purpose of this chapter is to provide a framework
for agencies of the Village of Manorhaven 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 Village of Manorhaven that
the preservation, enhancement and utilization of the natural and manmade
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 of 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:
Any activity, funding or permit undertaken by or subject
to the approval of an agency of the Village of Manorhaven other than
the following:
Maintenance or repair involving no substantial
changes in an existing structure or facility.
Replacement, rehabilitation or reconstruction
of a structure or facility, in kind, on the same site, including upgrading
buildings to meet building or fire codes.
Repaving of existing highways not involving
the addition of new travel lanes.
Street openings and right-of-way openings for
the purpose of repair or maintenance of existing utility facilities.
Maintenance of existing landscaping or natural
growth.
Minor temporary uses of land having negligible
or no permanent impact on the environment.
Installation of traffic control devices on existing
streets, roads and highways.
Mapping of existing roads, streets, highways,
natural resources, land uses and ownership patterns.
Information collection, including basic data
collection and research, water quality and pollution studies, traffic
counts, engineering studies, surveys, subsurface investigations and
soils studies.
Official acts of a ministerial nature involving
no exercise of discretion, including building permits where issuance
is predicated solely on the applicant's compliance or noncompliance
with the relevant local building code(s).
Routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment.
Conducting concurrent environmental, engineering,
economic, feasibility and other studies and preliminary planning and
budgetary processes necessary to the formulation of a proposal for
action, provided that those activities do not commit the agency to
commence, engage in or approve such action.
Collective bargaining activities.
Investments by or on behalf of agencies or pension
or retirement systems, or refinancing existing debt.
Inspections and licensing activities relating
to the qualifications of individuals or businesses to engage in their
business or profession.
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.
License, lease and permit renewals, or transfers
of ownership thereof, where there will be no material change in permit
conditions or the scope of permitted activities.
Adoption of regulations, policies, procedures
and local legislative decisions in connection with any action on this
list.
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.
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
actions are directly related to the emergency and are performed to
cause the least 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 if fully subject
to review procedures.
Any board, agency, department, office, other body or officer
of the Village of Manorhaven.
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 Manorhaven, as shown
on the Coastal Area Map on file in the office of the Secretary of
State and as delineated in the Village of Manorhaven Local Waterfront
Revitalization Program (LWRP).
The form, contained in Appendix A,[1] used by an agency to assist it in determining the consistency
of an action with the Local Waterfront Revitalization Program.
The action will substantially comply with the LWRP policy
standards and, whenever practicable, will advance one or more of them.
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.
The Local Waterfront Revitalization Program of the Village
of Manorhaven, approved by the Secretary of State pursuant to the
Waterfront Revitalization of Coastal Areas and Inland Waterways Act
(Executive Law, Article 42), a copy of which shall be on file in the
office of the Clerk of the Village of Manorhaven.
The Committee established under Chapter 151 of the Code of the Incorporated Village of Manorhaven.
[1]
Editor's Note: Appendix A is on file in the
village offices.
The Waterways Committee is authorized to review
and make recommendations to appropriate agencies regarding the consistency
of proposed actions with the LWRP policy standards.
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 set forth 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.
C.
The agency shall refer a copy of the completed CAF
to the Waterways Committee within 10 days of its submission and, prior
to making its determination, shall consider the recommendation of
the Waterways Committee with reference to the consistency of the proposed
action.
D.
After referral from an agency, the Waterways Committee
shall consider whether the proposed action is consistent with the
LWRP policy standards set forth herein. The Waterways Committee shall
require the applicant to submit all completed applications, EAF's
and any other information deemed to be necessary to its consistency
recommendation.
E.
Committee recommendation.
(1)
The Waterways 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 Waterways Committee
and the applicant or, in the case of a direct action, the agency.
The recommendation shall indicate whether, in the opinion of the Waterways
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.
(2)
The Waterways 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
or to greater advance them.
(3)
In the event that the Waterways Committee recommendation
is not forthcoming within the specified time, the referring agency
may make its decision without the benefit of the Waterways Committee
recommendation.
F.
The agency shall make the determination of consistency
based on the CAF, the Waterways Committee recommendation and such
other information as is deemed to be necessary in its determination.
The agency shall issue its determination within 30 days of the date
of receipt of the Waterways Committee recommendation. 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.
G.
Actions to be undertaken within the coastal area shall
be evaluated for consistency in accordance with the following LWRP
policy standards, which are derived from and further explained and
described in the Village of Manorhaven 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)
Foster a pattern of development in the Village of
Manorhaven that makes beneficial use of a coastal location, enhances
community character, preserves open space, makes efficient use of
infrastructure and minimizes adverse effects of development (Policy
1).
(2)
Promote Manorhaven as a center of maritime activity
and suitable location for water-dependent uses (Policy 2).
(3)
Promote sustainable use of living marine resources
in Long Island Sound (Policy 3).
(4)
Minimize loss of life, structures and natural resources
from flooding and erosion (Policy 4).
(5)
Protect and improve water quality and supply in the
Long Island Sound coastal area (Policy 5).
(6)
Protect and restore the quality and function of the
Village of Manorhaven ecosystem (Policy 6).
(7)
Provide for public access to and recreation opportunities
on coastal waters, public lands and public resources of the Village
of Manorhaven coastal area (Policy 7).
(8)
Preserve historic resources of the Village of Manorhaven
(Policy 8).
(9)
Enhance visual quality and protect scenic resources
in Manorhaven and throughout the viewshed of Manhasset Bay (Policy
9).
(10)
Protect and improve air quality in the Long Island
Sound coastal area (Policy 10).
(11)
Minimize environmental degradation in the Long Island
Sound coastal area from solid waste and hazardous substances and wastes
(Policy 11).
(12)
Promote appropriate use and development of energy
and mineral resources (Policy 12).
H.
If the agency determines that the action would not
be consistent with one or more of the LWRP policy standards, such
action shall not be undertaken until it is revised and submitted in
a form which meets the requirements of this article.
I.
Each agency shall maintain a file for each action
made the subject of a consistency determination, including any recommendations
received from the Waterways Committee. Such files shall be made available
for public inspection upon request.
The Village Code Official 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 Code Official 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 Code Official 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.
