§ 198-21. Review of actions., Article II. Waterfront Consistency Review, Chapter 198. Waterfront and Waterways, Part II. General Legislation, Code of Ordinances, Piermont

Whenever a proposed action is located in the village's Waterfront Revitalization Area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in § 198-23 herein.

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 Waterfront Revitalization Area, the applicant or, in the case of a direct action, the agency shall prepare a coastal assessment form (CAF) to assist the consistency of the proposed action.

The agency shall refer a copy of the completed CAF to the Planning Board within 10 days of its submission and, prior to making its determination, shall consider the recommendation of the Planning Board with reference to the consistency of the proposed action.

After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in § 198-23 herein. The Planning Board shall require the applicant to submit all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendations.

The Planning Board 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 Planning Board and the applicant or, in the case of direct action, the agency. The recommendation shall indicate whether, in the opinion of the Planning Board, 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.

The Planning Board 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 and conditions or to greater advance them.

In the event that the Planning Board recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Planning Board recommendation.

The agency shall make the determination of consistency based on the CAF, the Planning Board recommendation and such other information as is deemed to be necessary in its determination. The agency shall issue its determination within 30 days following receipt of the Planning Board recommendation and submission by the applicant of any additional required information. 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 article.

Actions to be undertaken within the Waterfront Revitalization Area shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions, which are derived from and further explained and described in Section III of the Village of Piermont 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 consult with Section IV of the LWRP in making their consistency determination. The action shall be consistent with the policy to:

(1)

Revitalize deteriorated and underutilized waterfront areas (Policies 1, 1A, 1B and 1C).

(2)

Retain and promote commercial and recreational water-dependent uses (Policies 2 and 2A).

(3)

Strengthen the economic base of smaller harbor areas by encouraging traditional uses and activities (Policies 4 and 4A).

(4)

Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards (Policies 5 and 5A).

(5)

Streamline development permit procedures (Policy 6).

(6)

Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7, 7A, 8, 8A and 8B).

(7)

Maintain and expand commercial fishing facilities to promote commercial and recreational fishing opportunities (Policies 9, 9A and 10).

(8)

Minimize flooding and erosion hazards through nonstructural means, carefully selected long-term structural measures and appropriate siting of structures (Policies 11, 11A, 12, 13, 16, 17, 24, 28 and 28A).

(9)

Safeguard economic, social and environmental interests in the coastal area when major action is undertaken (Policies 18 and 18A).

(10)

Maintain and improve public access to the shoreline and to water-related recreational facilities while protecting the environment (Policies 2, 2A, 19, 19A, 19B, 19C, 19D, 19E, 20, 21, 21A, 21B, 21C and 22).

(11)

Protect and restore historic and archaeological resources (Policies 23, 23A and 23B).

(12)

Protect and upgrade scenic resources (Policies 25, 25A, 25B, 25C, 25D and 25E).

(13)

Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a waterfront or water location (Policy 40).

(14)

Prevent ice management practices which could damage significant fish and wildlife and their habitat (Policies 28 and 28A).

(15)

Protect surface and ground waters from direct and indirect discharge of pollutants and from overuse (Policies 30, 30A, 31, 32, 33, 34, 34A, 35, 36, 37, 38, 39 and 39A).

(16)

Perform dredging and dredge spoil in a manner protective of natural resources (Policies 15, 15A and 35).

(17)

Handle and dispose of solid and hazardous wastes and effluents in a manner which will not adversely affect the environment nor expand existing landfills (Policies 39 and 39A).

(18)

Protect air quality (Policies 41, 42 and 43).

(19)

Protect freshwater wetlands (Policies 44 and 44A).

Findings.

(1)

If the agency determines that the action would not be consistent with one or more of the LWRP policy standards and conditions, such action shall not be undertaken unless the agency makes a written finding with respect to the proposed action that:

(a)

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 policy standards and conditions;

(b)

The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions;

(c)

The action will advance one or more of the other LWRP policy standards and conditions; and

(d)

The action will result in an overriding village, regional or statewide public benefit.

(2)

Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.

Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Planning Board. Such files shall be made available for public inspection upon request.