Chapter 225

GENERAL REFERENCES Conservation Advisory Council — See Ch. 12. Flood damage prevention — See Ch. 129. Planning Board — See Ch. 40. Steep slopes — See Ch. 195. Visual Environment Advisory Board — See Ch. 60. Stormwater, drainage, erosion and water pollution control — See Ch. 196. Building construction — See Ch. 86. Wetlands — See Ch. 227. Environmental quality review — See Ch. 116. Zoning — See Ch. 230. § 225-1. Title. This chapter will be known as the "Village of Croton-on-Hudson Waterfront Consistency Review Law." § 225-2. Statutory authority; purpose; legislative intent. A. This chapter is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Resources and Inland Waterways Act of the State of New York (Article 4 of the Executive Law). B. The purpose of this chapter is to provide a framework for agencies to consider the policies and purposes contained in the Village of Croton-on-Hudson LWRP when reviewing applications for actions or direct actions located in the Village coastal area and to ensure that such actions are consistent with said LWRP policies, and whenever practicable will advance one or more of them. C. It is the intention of the Village of Croton-on-Hudson that the preservation, enhancement and utilization of the natural and man-made resources of the coastal area of the Village of Croton-on- Hudson take place in a comprehensive manner to ensure a proper balance between protection of 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 the following: loss of living estuarine resources and wildlife; diminution of open space areas and of public access to the waterfront; erosion of shoreline; impairment of water quality and scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems. § 225-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACTION — Either Type 1 or unlisted actions as defined in the SEQRA regulations (6 NYCRR 617). AGENCY — Any board, agency, department, office, other body or officer of the Village of Croton-on- Hudson. COASTAL AREA OR ZONE — The lands and waters within the Village of Croton-on-Hudson's jurisdiction as described in the Local Waterfront Revitalization Program. COASTAL ASSESSMENT FORM (CAF) — The form, approved by the Village Manager, and on file in the Village Clerk's office, and used by an agency to assist it in determining the consistency of an action with the LWRP. CONSISTENT — That the action will substantially comply with the LWRP policies and, whenever practicable, will advance one or more of them. DETERMINATION OF CONSISTENCY — The written decision that is made regarding whether the action substantially complies with the LWRP policies and whenever practicable will advance one or more of them. DIRECT ACTION — An action planned and proposed for implementation by an agency. LEAD AGENCY — An involved agency under SEQRA principally responsible for undertaking, funding or approving an action, and therefore responsible for determining whether an environmental impact statement is required in connection with the action and for the preparation and filing of the statement if one is required, in accordance with SEQRA. LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) — The local program 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 is on file in the office of the Village Clerk of the Village of Croton-on-Hudson. RECOMMENDATION OF CONSISTENCY — The recommendation that is made by the WAC regarding whether the action substantially complies with the LWRP policies and whenever practicable will advance one or more of them. SEQRA — The State Environmental Quality Review Act, codified as Article of the Environmental Conservation Law, and its implementing regulations, 6 NYCRR Part 617. WATERFRONT ADVISORY COMMITTEE (WAC) — The Committee that will make a recommendation of consistency regarding an action. § 225-4. Management and coordination of LWRP. A. The lead agency shall be responsible for coordinating review of actions in the Village of Croton-on- Hudson's coastal zone for consistency with the LWRP policies. B. The WAC will advise, assist and make recommendations of consistency to the lead agency in its review of actions and in the implementation of the LWRP, its policies and projects. C. The Village Board with the assistance of the WAC 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. D. The WAC shall assist the Village of Croton-on-Hudson Board of Trustees in making applications for funding from state, federal or other sources to finance projects included in the LWRP. E. The WAC will consist of five members appointed on a yearly basis by the Mayor, consisting of members of the Board of Trustees, the Water Control Commission, the Planning Board and, at the Mayor's discretion, the Village's environmental consultant. The Board of Trustees, the Water Control Commission and the Planning Board shall each be represented on the WAC by at least one and no more than two members. The Mayor shall appoint the Chairperson on a yearly basis. F. Any vacancy shall be filled by the Mayor for the balance of the expired term within 60 days, or as soon as practicable thereafter, of receiving notice of the vacancy. G. The WAC may request that the referring agency retain a consultant to assist in its review pursuant to Chapter 1 of the Village Code. The Chairperson of the WAC shall submit the request for retaining a consultant to the referring agency. H. The members of the WAC shall serve without compensation and shall be charged with the duties as set forth in this chapter. I. For conducting business, including making a recommendation of consistency, a quorum shall consist of three members of the WAC. § 225-5. Review of actions required. A. Prior to approving, funding or undertaking a proposed action located within the Village of Croton- on-Hudson coastal zone, the lead agency shall make a determination of consistency. B. An application to a Village of Croton-on-Hudson agency for approval or funding of an action shall be accompanied by a coastal assessment form (CAF) and other required documents. § 225-6. Consistency review. A. Lead agency. (1) Whenever a Village agency declares itself lead agency regarding a proposed action in the Village's coastal zone, the agency shall refer a copy of the CAF and any other required documents to the WAC within 10 days. Prior to the lead agency making its determination of consistency, it shall consider the recommendation of the WAC with reference to the determination of consistency of the proposed action with the LWRP policies. (2) Whenever a Village agency is an involved agency under SEQRA and not the lead agency for a proposed action in the Village's coastal zone, either the Village Board of Trustees, the Planning Board, the Zoning Board of Appeals, or the Water Control Commission shall be deemed the lead agency under this chapter. If multiple Village agencies are involved agencies, the lead agency under this chapter will be determined in the order stated above. B. After referral from the lead agency, the WAC shall review the CAF and other required documents and make a recommendation to the lead agency regarding the action's consistency with the LWRP policies. (1) The WAC shall render its written recommendation of consistency to the lead agency within 30 days of receiving the referral of the CAF and any other required documents. The WAC may request an extension of time in order to obtain more information or more documentation, or the need to hire a consultant from the lead agency, in order to render its written recommendation of consistency. The extension of the time shall be by mutual agreement of the lead agency and applicant. (2) The WAC's recommendation shall indicate whether the proposed action is consistent with or inconsistent with one or more of the LWRP policies and shall elaborate, in writing, the basis for its opinion. The WAC shall, along with its recommendation of consistency, make any suggestions to the lead agency concerning modification of the proposed action, including recommending conditions of approval, to make it consistent with the LWRP policies or to greater advance one or more of them. (3) In the event that the WAC's recommendation of consistency is not forthcoming within the specified time, the lead agency shall make its determination of consistency without the benefit of the WAC's recommendation of consistency. C. Upon receipt of the WAC's recommendation of consistency, the lead agency shall consider whether the proposed action is consistent with the LWRP policies. The lead agency shall consider the WAC's recommendation of consistency, the CAF and other relevant information in making its determination of consistency. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency having first been adopted by the lead agency. The lead agency shall circulate its determination to all other involved agencies. D. Where an environmental impact statement (EIS) is being prepared or required, the draft EIS must identify applicable LWRP policies and include a discussion of the effects and impacts of the proposed action on such policies. E. The lead agency which is making a determination of consistency for direct actions must also review consistency with Section IV of the LWRP, in making its consistency determination. F. Recommendation of consistency. (1) The WAC's recommendation of consistency shall indicate whether, in its opinion, the proposed action is consistent or inconsistent with the LWRP policies. The recommendation of consistency shall address: (a) Potentially significant adverse impacts on coastal area resources and the consistency of the action with the LWRP policies. (b) Alternative actions which would avoid the potential significant adverse impacts on coastal resources and ensure consistency with the LWRP policies. (c) Measures to mitigate potential significant adverse impacts on coastal resources and resolve inconsistencies with LWRP policies. (2) The WAC shall approve its recommendation of consistency by a majority vote of a quorum of its members. G. In the event the WAC's recommendation of consistency is that the action is inconsistent with the LWRP policies, and the lead agency makes a contrary determination of consistency, the lead agency shall elaborate, in writing, the basis for its disagreement with the WAC's recommendation of § 225-6 CROTON-ON-HUDSON CODE consistency and state the manner and extent to which the lead agency believes that the action is consistent with the LWRP policies. H. If the lead agency finds that the action is not consistent with one or more of the LWRP policies, the action shall not be undertaken, approved or funded unless the lead agency makes a written finding that, on balance, the action should nevertheless be undertaken, approved or funded, taking into consideration each of the following factors listed below. Such a finding shall be a prerequisite to a determination of consistency with the LWRP policies. (1) No reasonable alternatives exist to the proposed action which would permit the action to proceed in a manner that is consistent with the LWRP policies. (2) The action would be undertaken in a manner which will minimize inconsistencies with LWRP policies. (3) The action will advance one or more of the other LWRP policies or proposed projects. (4) The action will result in an overriding Village, regional or statewide public benefit. I. The lead agency shall have the authority, in its determination of consistency, to impose reasonable conditions on an action to ensure that it is carried out in accordance with this chapter and the LWRP. § 225-7. Enforcement. No work or activity on a project in the Village which is subject to review under this chapter shall be commenced or undertaken until the Village Engineer has been presented with a written determination of consistency from the lead agency except for direct actions. In the event that an activity is not being performed in accordance with this chapter or any condition imposed thereunder, the Village Engineer 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. § 225-8. Penalties for offenses. A. A person who violates any of the provisions of or who fails to comply with any condition imposed by this chapter shall have committed a violation, punishable by a fine. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional violation. B. The Village Attorney 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 criminal prosecution and penalty. § 225-9. Severability. If any provision of this chapter shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof. § 225-10. When effective. This chapter shall take effect immediately filing with the office of the Secretary of State. WETLANDS § 227-2