HomeMy WebLinkAbout1998_1_21_Local_Law_No_1 Local Law 1 - 1998
This Local Law shall be known as "Amendment to Chapter 234 of the Town of Mamaroneck
Waterfront Revitalization Law".
234-1. Statutory Authority; Intent; Purpose.
A. This chapter is adopted pursuant to the Waterfront Revitalization and Coastal Resources
Act of the State of New York(Article 42 of the Executive Law).
B. This chapter is intended to provide a framework for agencies of the Town of Mamaroneck
to consider the policies and purposes contained in the Local Waterfront Revitalization Program
when reviewing applications for actions or direct agency actions and to assure to the maximum
extent practicable that such actions are consistent with said policies and purposes.
C. It is the intention of the Town of Mamaroneck that the preservation, enhancement and
utilization of the natural and man-made resources of the Town of Mamaroneck's unique coastal
area take place in a coordinated and comprehensive manner to ensure the proper balance between
natural resources and the need to accommodate population growth and economic development.
Accordingly, it is the purpose of this chapter to achieve a balance permitting the beneficial use of
coastal resources while preventing loss of living marine 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 purpose of this local law is to recognize modifications in the regulations adopted by
the State of New York for implementation of the State Environmental Quality Review Act and
the need to modify this consistency law in view of these changes.
§ 234-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACTION—means any activity, funding or permit undertaken by or subject to the approval of an
agency of the Town of Mamaroneck other than the following:
(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;
(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) extension of utility distribution facilities, including gas, electric, telephone, cable,
water and sewer connections to render service in approved subdivisions or in connection
with any action on this list;
(h)granting of individual setback and lot line variances;
(i)granting of an area variance(s) for a single-family, two-family or three-family
residence;
(j)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;
(k)minor temporary uses of land having negligible or no permanent impact on
the environment;
(1)installation of traffic control devices on existing streets, roads and highways;
(m)mapping of existing roads, streets, highways, natural resources, land uses and
ownership patterns;
(n)information collection including basic data collection and research, water
quality and pollution studies, traffic counts, engineering studies, surveys,
subsurface investigations and soil studies that do not commit the agency to
undertake, fund or approve any Type I or Unlisted action;
(o)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 or
preservation code(s);
(p)routine or continuing agency administration and management, not including
new programs or major reordering of priorities that may affect the
environment;
(q)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 those activities do
not commit the agency to commence, engage in or approve such actions;
(r)collective bargaining activities;
(s)investments by or on behalf of agencies or pension or retirement systems or
refinancing existing debt;
(t)inspections and licensing activities relating to the qualifications of individuals
or businesses to engage in their business or profession;
(u)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;
(v)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;
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(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 an 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
this Part 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;
(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 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 is
fully subject to the review procedures of this Part;
(dd)applications for area variances for signs located on existing structures.
ADVISORY OPINION means an opinion rendered by the Coastal Zone Management
Commission to any agency or department of the Town on a matter which is an action as defined
by this local law.
AGENCY -- Any department, board, commission, public authority or other agency of the Town
of Mamaroneck which has jurisdiction by law to approve or directly undertake a given action.
COASTAL ZONE MANAGEMENT COMMISSION or COMMISSION -- The Town of
Mamaroneck- Village of Larchmont Coastal Zone Management Commission established by Local
Law No. 4-1986.
DIRECT ACTION -- An action planned and proposed for implementation by the municipality or
any public or quasi-public agency. "Direct actions" include but are not limited to capital projects,
procedure-making, policy-making and zoning.
LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP -- The Local Waterfront
Revitalization Program of the Town of Mamaroneck and the Village of Larchmont, adopted in
1986 pursuant to Article 42 of the Executive Law of the State of New York and as amended from
time to time.
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234-3. Review of Actions Required.
As early as possible in an agency's formulation of a direct action or as soon as an agency receives
an application for approval of an action, the agency and the Coastal Zone Management
Commission shall follow the review procedures set forth in this chapter. No action subject to
these procedures shall begin until the procedures have been completed.
When an agency or department of the Town shall undertake, fund, or approve any activity defined
as an action within the meaning of this local law, it shall submit any such proposed activity to the
Commission for an advisory opinion, provided such activity relates to construction,
reconstruction, improvement or renovation of any land or structure.
An application to the Planning Board, Zoning Board of Appeals or the Building Inspector for
approval of a plan for a proposed direct action shall be accompanied by a full Environmental
Assessment Form (EAF) and a Coastal Assessment Form (CAF).
234-4. Action by Coastal Zone Management Commission.
A. The Chairman of the Commission shall determine if the application or direct action
description and any supporting material submitted constitutes a full statement for the
purpose of determining consistency with the LWRP. The Chairman may request other
material the Commission believes is necessary for a complete review.
B. Commission's opinion to be rendered.
(1) The Commission, within thirty (30) days of its receipt of the complete application, shall
render an opinion, in writing, to the referring agency covering the following questions:
(a) Whether the proposed action is inconsistent with one (1) or more of the policies of the
LWRP.
(b) Whether the proposed action will advance one (1) or more of said policies.
(c) If either of the questions posed in Subsection B(1)(a) or (b) is answered in the affirmative,
the manner in which and the extent to which the inconsistency and/or advancement is likely to
result.
(d) If the questions posed in Subsection B(1)(a) and (b) are both answered in the affirmative,
whether and to what extent the inconsistency outweighs or is outweighed by the advancement
when measured by the purposes of the LWRP.
(2) The Commission may also, in its discretion, suggest ways in which the purposes of the
proposed action might be accomplished in a manner that would result in less hindrance or no
hindrance to the policies and purposes of the LWRP and/or in greater advancement of them.
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234-5. Determination of Inconsistency.
A. Determination.
(1) If the Commission finds, in its opinion rendered under § 234-413, that the proposed action
will substantially hinder the achievement of or be substantially inconsistent with one (1) or more
policies of the LWRP, the referring agency shall, as soon as possible upon receiving the
Commission's opinion and before commencing or permitting such action, issue a written statement
either accepting the Commission's opinion with regard to such inconsistency or setting it aside, in
whole or in part.
(2) Acceptance of inconsistency.
(a) If any part of the finding of inconsistency is accepted, the proposed action may not be
undertaken unless and until the referring agency determines with respect to the proposed action or
any revision thereof which may be devised by it or presented to it in a revised application that:
[1] No reasonable alternatives exist which would permit the action to be taken in a manner
which would not substantially hinder the achievement of such policy or policies; and
[2] The action taken will minimize all adverse effects on such policy or policies to the
maximum extent practicable.
(b) In the case of a direct action, the determination must further include a finding that the
action will result in an overriding public benefit.
(3) A determination by the referring agency, under Subsection A(2)(a)[1] and [2] and, where
applicable, Subsection A(2)(b), shall constitute a determination that the action is consistent to the
maximum extent practicable with the approved LWRP as required by the Executive Law, Article
42.
B. In making any determination under Subsection A, the referring agency shall take the opinion
of the Commission fully into account and make it part of the public record of its proceedings.
Where the referring agency acts contrary to the opinion of the Commission, it shall so notify the
Commission in writing and shall state its reasons therefore in its determination and in its notice to
the Commission.
234-6. Severability
Should any provision of this Local Law be declared illegal or unconstitutional by a court of
competent jurisdiction, to the extent that the other provisions of this law can be implemented
without such illegal or unconstitutional provision, such other provisions shall remain in effect.
234-7 Effective Date
This Local Law shall take effect immediately.
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