§ 414-5. Review of actions., Chapter 414. Waterfront Consistency Review, Part II. General Legislation, Code of Ordinances, Sleepy Hollow

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 and conditions set forth in Subsection G 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 coastal area, the applicant, or in the case of a direct action, the agency, shall prepare a coastal assessment form (CAF) to assist in the consistency review of the proposed action.

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

After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and condition set forth in Subsection G herein. The Committee shall require the applicant to submit all completed applications, CAFs and any other information deemed to be necessary to its consistency recommendation.

Recommendation.

[Amended 10-18-2002 by L.L. No. 14-2002]

(1)

Consistency reviews for environmental impact statements. In the event the agency is coordinating the review of an environmental impact statement (EIS), the agency shall refer a copy of the draft EIS to the Committee for its review. Before the end of the required comment period on the draft EIS, the Committee shall provide to the agency, in writing, a preliminary consistency review, which shall indicate to the agency whether, in the opinion of the Committee, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or conditions. The preliminary consistency review shall detail the basis for the Committee's opinion. The Committee may also provide to the agency any suggestions concerning the modifications of the proposed action to make it consistent with LWRP policy standards and conditions or to better advance them. Upon acceptance of the final EIS by the agency, the agency shall refer the final EIS to the Committee for a final consistency review. The final consistency review shall be filed with the agency, in writing, prior to the adoption of an environmental findings statement concluding the environmental review process. The final consistency review shall indicate to the agency whether, in the opinion of the Committee, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or conditions. The preliminary consistency review shall detail the basis for the Committee's opinion. The Committee may also provide to the agency any suggestions concerning the modification of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them.

(2)

Consistency review for actions not requiring an environmental impact statement. For actions not requiring an environmental impact statement, the Committee shall render its written recommendation to the agency within the time period requested by the agency unless such time period is extended by mutual agreement of the Committee and the applicant or, in the case of direct action, the agency. The recommendation shall indicate whether, in the opinion of the 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 this opinion. The Committee shall, along with its consistency recommendation, make any suggestions to the agency concerning modifications of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them.

The agency shall make the determination of consistency based on the CAF, the Committee recommendation and such other information as is deemed to be necessary in its determination. The agency shall issue its determination following receipt of the Committee's recommendation and submission by the applicant of any additional required information, and prior to its decision on the merits of the proposed action. The agency shall have the authority, in its findings of consistency, to impose practicable and reasonable conditions on an action to ensure that it is carried out in accordance with this chapter. In the event that the Committee's recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Committee's recommendation.

[Amended 1-18-2002 by L.L. No. 14-2002]

Actions to be undertaken within the Sleepy Hollow coastal 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 Sleepy Hollow 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)

Revitalize the deteriorated and underutilized waterfront area (Policies 1, 1A, 1B, 1C, 1E, 1F, 1G, 1H, 1J and 1K).

(2)

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

(3)

Strengthen the economic base of Sleepy Hollow smaller harbor areas by encouraging traditional uses and activities (Policy 4).

(4)

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

(5)

Expedite local permit procedures and use performance standards for development within the waterfront area (Policy 6).

(6)

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

(7)

Encourage and expand commercial fishing facilities to promote commercial and recreational fishing opportunities (Policies 9 and 10).

(8)

Minimize flooding and erosion hazards through nonstructural means, carefully selected, long-term structural measures and appropriate siting of structures (Policies 11, 13, 13A, 13B, 14, 15, 16, 16A, 16B, 17 and 17A).

(9)

Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken (Policies 18, 18A, 18B and 18C).

(10)

Maintain and improve public access to the shoreline and the water-related recreational facilities while protecting the environment (Policies 1, 1A, 1B, 1D, 1E 1F, 1H, 2, 2A, 4, 9, 19, 19A, 19B, 19C, 19D, 19E, 19F, 20, 20A, 20B, 21, 21A, 21B, 21C, 22 and 22A).

(11)

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

(12)

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

(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 (Policies 27, 30, 31, 33, 35, 35A, 35B, 35C, 35D, 35E, 36, 37, 38, 39, 39A, 40, 40A, 41A, 42, 43 and 44).

(14)

Protect surface water and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 33, 35, 35A, 35B, 35C, 35D, 35E, 36, 37, 38, 39A, 40, 40A, 41, 42, 43 and 44).

(15)

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

(16)

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 34, 34A, 35, 35A, 35B, 35C, 35D, 35E, 36, 39 and 39A).

(17)

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

(18)

Protect freshwater wetlands (Policy 44).

Written 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 Committee. Such files shall be made available for public inspection upon request.