TO AMEND CHAPER 225 'WATERFRONT REVITALIZATION OF THE CROTON-ON-HUDSON VILLAGE CODE TO PROVIDE CLARIFICATION IN THE REVIEW OF LAND USE APPLICATIONS FOR CONSISTENCY WITH THE LOCAL WA

Local Law 13-2026 Filed: 2026-10-14 TO AMEND CHAPER 225 "WATERFRONT REVITALIZATION OF THE CROTON-ON-HUDSON VILLAGE CODE TO PROVIDE CLARIFICATION IN THE REVIEW OF LAND USE APPLICATIONS FOR CONSISTENCY WITH THE LOCAL WATERFRONT REVITALIZATION PROGRAM New York State NEW Department of State YORK Department of State DIVISION OF CORPORATIONS, STATE | Corporations, State Records & UCC STATE RECORDS AND : UNIFORM COMMERCIAL CODE One Commerce Plaza 99 Washington Ave. Albany, NY 12231-0001 dos.ny.gov Local Law Filing Pursuant to Municipal Home Rule Law §27 Local Law Number ascribed by the legislative body of the local government listed below: 13 of the year 20 26 Local Law Title: to AMEND CHAPTER 225 “WATERFRONT REVITALIZATION” OFTHE CROTON-ON-HUDSON VILLAGE CODE TO PROVIDE CLARIFICATION IN THE REVIEW OF LAND USE APPLICATIONS FOR CONSISTENCY WITH THE LOCAL WATFRERONT _ REVITALIZATION PROGRAM Be it enacted by the Board of Trustees of the (Name of Legislative Body) [}county (J City L] Town Village (Select one) of Croton-on-Hudson as follows on the attached pages: (Name of Local Government) For Office Use Only FILED STATE RECORDS Gat 4 4 2026 DEPARTMENT OF STATE Department of State Local Law Index Number: L3 of the year 20 PAC (The local law number assigned by the Department of State for indexing purposes may be different from the local law number ascribed by the legislative body of the local government.) DOS-0239-a-f (Rev. 02-25) page 1 of 3 VILLAGE OF CROTON-ON-HUDSON BOARD OF TRUSTEES LOCAL LAW NO. 13 OF 2026 A LOCAL LAW TO AMEND THE PROVISIONS OF CHAPTER 225 “WATERFRONT REVITALIZATION” OF THE CROTON-ON-HUDSON VILLAGE CODE TO PROVIDE CLARIFICATION IN THE REVIEW OF LAND USE APPLICATIONS FOR CONSISTENCY WITH THE LOCAL WATERFRONT REVITALIZATION PROGRAM A LOCAL LAW to amend the text of Chapter 225 “Waterfront Revitalization” to provide clarification in the review of land use applications for consistency with the Village’s LWRP. BE IT ENACTED by the Board of Trustees of the Village of Croton-on-Hudson as follows: Section One. Legislative Intent and Purpose. To better serve the public’s interest, the Village Board of Trustees of the Village of Croton-on-Hudson proposes amendments to the Village Code for the purpose of providing clarification in the review of land use matters for consistency with the adopted Local Waterfront Revitalization Program. Section Two. Chapter 225 “Waterfront Revitalization’ Section 225-3 of the Code of the Village of Croton-on-Hudson is hereby amended as follows: §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) ora development project that requires Special Permit approval or a Site Plan approval for a project with 5,280 square feet or more of habitable space. AUTHORIZING AGENCY — An agency authorized by the Code of the Village of Croton-on-Hudson that is responsible for issuing an approval for an action. Section Three. Chapter 225 “Waterfront Revitalization” Section 225-4 of the Code of the Village of Croton-on-Hudson is hereby amended as follows: §225-4. Management and coordination of LWRP. A. The lead agency or authorizing 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 or authorizing agency_in its review of actions and the implementation of the LWRP, its policies and projects. 4930-4412-5639, v. 2 Section Four. Chapter 225 “Waterfront Revitalization”, Section 225-6 of the Code of the Village of Croton-on-Hudson is hereby amended as follows: §225-6. Consistency Review. A. Lead Agency or Authorizing Agency (1) Whenever a Village agency declares itself lead agency or is the authorizing agency regarding a proposed action, as defined in Section 225-3, located 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 located 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 or the authorizing 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 or authorizing 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 or authorizing 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 or authorizing 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_or authorizing 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 or authorizing agency shall consider whether the proposed action is consistent with the LWRP policies, 4930-44 12-5639, v. 2 The lead agency or authorizing 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 or authorizing 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 or authorizing agency which is making a determination of consistency for direct actions must also review consistency with Section [V 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. Inthe event the WAC's recommendation of consistency is that the action is inconsistent with the LWRP policies, and the lead agency or authorizing agency makes a contrary determination of consistency, the lead agency or authorizing agency shall elaborate, in writing, the basis for its disagreement with the WAC's recommendation of consistency and state the manner and extent to which the lead agency or authorizing agency believes that the action is consistent with the LWRP policies. H. If the lead agency or authorizing 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 or authorizing 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 or authorizing 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. 4930-4412-5639, v. 2 Section Five. Chapter 225 “Waterfront Revitalization” Section 225-7 of the Code of the Village of Croton- on-Hudson is hereby amended as follows: §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 or authorizing 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. Section Six. Except as otherwise provided herein, all other provisions of Chapter 225 of the Croton-on- Hudson Village Code shall remain the same. Section Seven. Severability If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section Eight. Effective Date This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law and shall be published and posted as required by law. 4930-4412-5639, v, 2 Local Law Filing (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) | hereby certify that the local law annexed hereto ascribed as local law number 1300 2028 of the (County)(City)(Town)(Village) of Croton-on-Hudson was duly passed by the Village Board of Trustees on October 07 20 26 in accordance (Name of Legislative Body) with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) | hereby certify that the local law annexed hereto, ascribed as local law number of 20______of the (County)(City)(Town)(Village) of. was duly passed by the on 20____—s and was (Name of Legislative Body) (approved)(not approved)(repassed after disapproval) by the__ (Elective Chief Executive Officer*) on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) | hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the (County)(City)(Town)(Village) of was duly passed by the ON 20s and Wass (Name of Legislative Body) (approved){not approved)(repassed after disapproval) by the on (Elective Chief Executive Officer*) 4 © Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) | hereby certify that the local law annexed hereto, ascribed as local law number_CS 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (Name of Legislative Body) (approved)(not approved)(repassed after disapproval) by the on (Elective Chief Executive Officer*) 20 . Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed asof— ——“‘“‘—S™SCSCS Sin ACCOrdance With the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f (Rev. 02/25) Page 2 of 3 Local Law Filing §. (City local law concerning Charter revision proposed by petition.) | hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the City of having submitted to referendum pursuant to the provisions of Section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on __ 20 became operative. 6. (County local law concerning adoption of Charter.) | hereby certify that the local law annexed thereto, ascribed as local law number of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_____. pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (lf any other authorized form of final adoption has been followed, please provide an appropriate certification.) | further certify that | have compared the preceding local !aw with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in the paragraph ss above. oS , Pauline DiSanto, Village Zs 2 . Clerk of the county legiSlative body; City, Town Gr Village Clerk or : — officer designated by local legiSiative body . ; (Seal) Z October 9, 2026 - C. (Date} DOS-0239-a-f (Rev. 02-25) page 3 of 3 On motion of TRUSTEE SIMON, seconded by TRUSTEE NACHTALER, the following resolution was adopted by the Board of Trustees of the Village of Croton- on-Hudson, New York with a 4-0 vote. Resolution #248-2026 WHEREAS, the Village Board of Trustees desires to update the language in the Village Code to provide clarification in the review of land use applications for consistency with the Local Waterfront Revitalization Plan; and WHEREAS, under the direction of the Village Board, the Village Manager has worked with the Village Attorney and the Village Planner to develop language that will provide for the Waterfront Advisory Committee to comment on land use applications that come before the Village Board of Trustees, Planning Board, Zoning Board of Appeals and/or Water Control Commission; and WHEREAS, Local Law Introductory No. 14 of 2026 has been drafted for such purposes; and WHEREAS, on August 19, 2026, the Village Board of Trustees declared itself Lead Agency for SEQRA purposes; and WHEREAS, on September 30, 2026, the Village Board of Trustees undertook the process and review described in detail in Parts 2 and 3 of the Short EAF “Determination of Significance” attached hereto; and WHEREAS, the Village Board held a public hearing to consider Local Law Introductory No. 14 of 2026, which was opened and closed on September 30, 2026; and WHEREAS, the Village Board has received a recommendation of consistency from the Waterfront Advisory Committee with the Village’s Local Waterfront Revitalization Program; and WHEREAS, the Village Board must make its own determination of consistency with the LWRP policy standards and conditions; and WHEREAS, on September 30, 2026, the Village Board reviewed the LWRP policy standards and conditions, NOW THEREFORE, BE IT RESOLVED as follows: The Village Board of Trustees makes the following findings regarding the applicability of the LWRP policies and the consistency of the Proposed Action with those policies and conditions of the LWRP which it found applicable: POLICY 5A: When feasible, development within the Village should be directed within the current service area of existing water and sewer facilities or in close proximity to areas where distribution lines currently exist. POLICY 6: Expedite permit procedures in order to facilitate the sitting of development activities at suitable locations. POLICY 7E: Runoff from public and private parking lots and from storm sewer overflows shall be effectively managed so as to prevent oil, grease and other contaminants from polluting surface and ground water and impact to the significant fish and wildlife habitats. POLICY 7F: Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. Construction activity in the Croton River and Hudson River spawning areas shall be timed so that the spawning of anadromous fish species and shellfish will not be adversely affected. POLICY 7G: Construction activity of any kind must not cause significant degradation of water quality or impact identified significant fish and wildlife habitats. POLICY 7H: Habitat-related policies identified in the Indian Brook-Croton Gorge Watershed Conservation Action Plan will be considered in actions proposed for these areas (see Appendix C). 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. 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 thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs. 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 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. POLICY 19: Encourage the linkage of open space from upland areas to and along the Hudson and Croton Rivers in the form of a trail or walkway system. POLICY 19B: Increase public access to areas that offer physical and visual connection to the Hudson River or Croton River and Bay POLICY 23: Protect, enhance, and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the State, its communities, or the Nation. POLICY 25: Protect, restore, or enhance natural and man-made resources which are not It is for the reasons contained in this memorandum that the WAC issues its recommendation of consistency. POLICY 254A: Establish and protect identified public viewsheds of the Hudson River, including but not limited to the public views of the Hudson River from the western shoreline of the Village, and the Croton River and Gorge. (The following scenic areas were noted in the LWRP as having local and regional significance: (1) Distinctive and scenic views of the Croton Point, (2) Views of the Hudson River from South Riverside Ave and Route 9 corridor, and (3) Vegetated slopes and undisturbed ridgelines particularly those in the viewsheds in the Croton Gorge, River, and Bay areas.) 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 30: 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 33: Best Management Practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters. POLICY 33A: The flow of stormwater discharge shall be controlled to limit the flow of pollutants from street and parking areas, etc. directly into the rivers and water bodies. POLICY 37: Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. POLICY 37A: Control of the development of hilltops, and steep slopes should be exerted in order to prevent erosion and minimize runoff and flooding from new construction. POLICY 38: The quality and quantity of surface water and ground water 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 44: Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. POLICY 444: Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. BE IT FURTHER RESOLVED: that based upon the above, the Village Board of Trustees confirms its determination that the Proposed Action, clarifications in the review of land use applications for consistency with the Local Waterfront Revitalization Plan, complies with the policy standards and conditions set forth in the Village’s LWRP; and BE IT FURTHER RESOLVED: that the Village Board of Trustees hereby issues and adopts the EAF Parts 2 and 3 Determination of Significance attached hereto and adopts a Negative Declaration in connection with this action; and BE IT FURTHER RESOLVED: that the Village Board of Trustees hereby adopts Local Law Introductory No. 14 of 2026 to amend Chapter 225, Waterfront Revitalization, to provide clarification in the review of land use applications for consistency with the Local Waterfront Revitalization Plan, which upon adoption becomes Local Law No. 13 of 2026. Dated: October 7, 2026 Pre TL CLLe LS LLL SLT SST Ce Le TT SL eee es eS State of New York ,) SS: County of Westchester —) I, Pauline DiSanto, Clerk of the Village of Croton-on-Hudson, in the County of Westchester, State of New York, do hereby certify that the annexed resolution is a copy of an original on file in my office and has been duly adopted at a regular meeting of the Board of Trustees of said Village held on the 7 of October, 2026. IN WITNESS W SREOF,Aflave ) set my hand and affixed the corporate seal of the said Village on this 9" day of October 2026. - Me, Xx “4 _ Villagé Clerk - {> eal} _ co a