Hudson City Zoning Code
ARTICLE VIII
Planning Board
§ 325-34 Permits for conditional uses.
A.
On application and after public notice and hearing, the Planning Board may authorize the issuance by the Building Inspector of permits for any of the conditional uses specified in this chapter. In approving any such use, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1)
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3)
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, or conflict with the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
B.
Each application for a conditional use shall be accompanied by a proposed plan, in duplicate, showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot.
C.
The Planning Board may require that conditional use permits be periodically renewed. Such renewal shall be granted following public notice and hearing, and may be withheld only upon a determination by the Building Inspector to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
§ 325-35 Site development plan approval.
A.
Approval required; exception; certificate of occupancy.
(1)
Approval required. No building permit shall be issued and no change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage or utilities shall be permitted except in conformity with an approved site development plan issued in accordance with this chapter. The following land uses shall always require issuance of site development plan approval:
(a)
All new commercial, industrial and institutional development on a previously vacant lot or parcel.
(b)
New residential development containing four or more units in non-single-family structures on contiguous or adjacent lots that have previously been subdivided.
(c)
All expansions of existing commercial, industrial or residential uses containing at least four dwelling units which increase the ground floor area by at least 1,000 square feet or 25% of the existing ground floor area.
(d)
Any conversions of an existing residential structure to a nonresidential or institutional use (excepting the establishment of a home occupation that is a permitted use or accessory use).
(e)
All conversions of an existing nonresidential structure to a residential use containing at least four dwelling units.
(2)
Exception. Notwithstanding the foregoing, site development plan approval is not required for interior alterations or the erection or enlargement of one-, two- or three-family residences or accessory uses thereto.
(3)
Certificate of occupancy. No certificate of occupancy for a structure or use subject to site development plan review shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
B.
In all cases where an amendment of any such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board. No building permit may be issued for any building within the purview of this section until an approved site development plan or amendment of any such plan has been secured by the applicant and presented to the Building Inspector. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used, or the land is developed or used, in conformity with an approved site development plan or an amendment of any such plan. The Building Inspector shall certify on each site development plan or amendment to a site development plan whether or not the plan meets the requirements of this chapter other than those enumerated in sections of this chapter regarding site development plan approval.
C.
Presubmission. Prior to the submission of a formal site development plan, the applicant shall meet in person with the Planning Board and/or its designated representative to discuss the proposed site development plan in order to determine which of the requirements listed in § 325-35D shall be necessary in developing and submitting the required development plan. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary, or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Official Map, Comprehensive Plan or this chapter.
D.
Required submissions. At least 15 days in advance of the Planning Board meeting at which a site development plan or an amendment of it is to be presented, the required information must be submitted to the Secretary of the Planning Board in triplicate along with a letter of application. All maps submitted must be at a scale of not less than 30 feet to the inch. The information to be submitted and which, in total, constitutes a site development plan shall be as follows:
(1)
Legal data. The names of all owners of record of all adjacent property.
(2)
Map or maps showing existing school, zoning and special district boundaries, boundaries of the property building or setback lines and lines of existing streets and lots as shown on the City's Official Assessment Maps. Reservations, easements and areas dedicated to the public use, if known, shall be shown.
(3)
Existing buildings. A drawing showing the location of existing buildings and any buildings within 100 feet of the lot lines.
(4)
Development data.
(a)
Title of development, date, North point, scale and name and address of record owner, engineer, architect, land planner or surveyor preparing the site development plan.
(b)
The proposed use or uses of land and building and proposed location of buildings, including any signs, fences, lighting facilities and proposed screening and planting.
(c)
All means of vehicular access and egress to and from the site.
(d)
The location and design of any off-street parking and loading areas.
(e)
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
(f)
Proposed stormwater drainage system.
E.
Additional data. Where, due to special conditions peculiar to a site, or the size, nature or complexity of the proposed use or development of land or buildings, the Planning Board finds that additional data are necessary for proper review of the site development plan, the Board may require such data to be included in the required submission of the site development plan.
(1)
Legal data. A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(2)
Existing facilities. Location of existing water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(3)
Topographic data.
(a)
Existing contours at intervals of five feet or less, referred to a datum satisfactory to the Board.
(b)
Location of existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of eight inches or more as measured three feet above the base of the trunk, and other significant existing features.
(4)
Development data.
(a)
All proposed lots, easements and public and community areas.
(b)
All proposed streets with profiles indicating grading and cross sections showing width of roadway, location and width of sidewalk and location and size of utility lines, according to the standards and specifications contained in the street improvement specifications of the Department of Public Works, City of Hudson. All lengths shall be in feet and hundredths of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary by the surveyor. The error of closure shall not exceed 1:10,000.
(c)
The proposed location, direction, power and time of proposed outdoor lighting or public-address systems.
F.
Performance bond or other security.
(1)
As an alternative to the installation of required infrastructure and improvements, prior to approval by the Planning Board, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board in consultation with the Department of Public Works and the Common Council, shall be furnished to the City by the applicant or owner. Such security shall be provided to the City pursuant to the provisions of Subdivision 8 of § 33 of Article 3 of the General City Law.
(2)
Inspection of improvements. At least five days prior to commencing construction of required improvements, the subdivider shall pay to the City Clerk any required inspection fee and shall notify the Planning Board and Common Council in writing of the time when he proposes to commence construction of such improvements so that the Planning Board may cause inspection to be made to assure that all City specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
(3)
Proper installation of improvements. If the required improvements are not performed before the expiration date of the performance bond or have not been constructed in accordance with plans and specifications filed by the subdivider, the Planning Board shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the City's rights under the bond.
(4)
Bond renewal. The subdivider shall provide written notice of the expiration date of any bond or other security to the Planning Board no less than 21 business days prior to said expiration date.
G.
Compliance with the State Environmental Quality Review Act. In undertaking any action pursuant to this section, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. Wherever possible, the procedure and requirements of the State Environmental Quality Review Act and the site plan review process should be conducted and complied with contemporaneously.
H.
Duties of the Planning Board; procedure.
(1)
The grounds of the Planning Board's decision shall be stated on the record, including, where applicable, any conditions or modifications deemed necessary by the Board for approval.
(2)
Grounds for decision. In considering whether to approve a site plan or site plan amendment, the Planning Board shall take into consideration the public health, safety and general welfare, the general purpose and intent of this chapter, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and shall base such decision upon the following grounds:
(a)
Maximum safety of pedestrian and vehicular traffic access and egress.
(b)
Site layout (including location, power, direction and time of any outdoor lighting of the site) which would have no significant adverse impact upon any adjoining or nearby properties by impairing the established character or the potential use of properties in such districts. Any adverse impacts must be mitigated to the maximum extent practicable.
(c)
The reasonable screening, at all seasons of the year, of all playgrounds, parking and service areas from view of the adjacent residential properties and streets.
(d)
Conformance of the proposed site development plan with the City of Hudson Comprehensive Plan and, where applicable, the Local Waterfront Revitalization Program, including any applicable policies contained in the LWRP.
(e)
In applicable cases, a drainage system and layout which would afford the best solution to any drainage problem.
(f)
All water bodies, wetlands, steep slopes, and other areas of scenic, ecological and historic value shall be preserved insofar as possible. All site preparation activities shall be conducted with the goal of retaining stormwater on the site.
(g)
Landscape treatment should be provided to enhance architectural features, strengthen vistas and visual corridors and provide shade.
(h)
No material or equipment, other than as shown on an approved site plan, shall be stored in the open if it would be substantially visible from adjoining properties and public roads. Storage of equipment and materials should be within wholly enclosed structures approved for such use or should be screened from view by fencing or landscaping, or a combination of fencing and landscaping, as determined by the Planning Board.
(i)
Without restricting the permissible limits of the applicable zoning district, the height, location, design and signage of each building should be compatible with its site and the existing and historic character of the surrounding neighborhood. Adaptive reuse of existing structures is strongly encouraged.
(3)
Public hearing and decision on complete site plan application.
(a)
Hearing and notice. Except where the application includes a density bonus request, the Planning Board may, at its discretion, convene a public hearing for the purpose of accepting public comment on the proposed site plan or site plan amendment application. In deciding whether to convene a public hearing, the Planning Board shall consider the level of public interest in and desire for a public hearing and the potential for the proposed plan or amendment to adversely impact the public's health, safety or welfare. If the application includes a request for a density bonus, the Planning Board shall hold a public hearing. Where the Board convenes a public hearing, such hearing shall be held within 62 days from the day a completed application is submitted to the Secretary of the Planning Board. Notice of such public hearing shall be sent to the applicant by mail at least 10 days before said hearing, and public notice of said hearing shall be provided in a newspaper of general circulation in the City at least five days prior to the date of the hearing. Notice shall also be provided to the County Planning Commission of such hearing where necessary as required by § 239-m of the General Municipal Law and to "neighboring municipalities" as defined and required by § 239-nn of the General Municipal Law.
(b)
Timing of decision. The Board shall grant, deny, or grant subject to conditions such site plan application within 62 days after close of such hearing or after the day the complete application is received if no hearing is held. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. If a public hearing is held pursuant to the State Environmental Quality Review Act on a draft environmental impact statement, public hearings must be held jointly in accordance with the State Environmental Quality Review Act and regulations adopted pursuant thereto. For any unlisted or Type I action under the State Environmental Quality Review Act, no application hereunder shall be deemed complete until a negative declaration or notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.
(4)
Filing with the City Clerk. The Planning Board's decision shall be filed in the office of the City Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
(5)
Court review. Any person aggrieved by a decision of the Planning Board made pursuant to this section may bring a proceeding to review such decision in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record of competent jurisdiction on the ground that such decision is illegal in whole or in part. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the City Clerk.
§ 325-35.1 Subdivision approval.
Whenever any subdivision of land is proposed to be made, including a conservation subdivision, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner or his duly authorized agent shall apply in writing, by submission of a subdivision application and all other necessary materials, for approval of such proposed subdivision. For purposes of this chapter, the number of parcel subdivisions shall be calculated based upon the "parent parcel" as that term is defined in § 325-42. Accordingly, the number of permissible subdivisions shall be calculated based upon the parent parcel as follows: Lots which have been created from a parent parcel cannot be further subdivided unless more than one lot assignment was made to the parcel during the initial subdivision of the parent parcel. Therefore, if a one-hundred-acre parent parcel is subdivided into two lots, one with 40 acres and one with 60 acres, and the original parent parcel was allowed eight lots, the parent parcel landowner could stipulate, for example, that the forty-acre parcel is given six lot assignments and the sixty-acre parcel is given two lot assignments. In any case, the assignment of lots may not exceed the maximum number of lots allowed for the original parent parcel. Subdivision approval must be obtained in accordance with the following procedures:
A.
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least 10 days prior to the regular meeting of the Board seven copies of a sketch plan of the proposed subdivision which shall comply with the following provisions for the purpose of classifying the subdivision and preliminary discussion of the application.
(1)
The sketch plan initially submitted to the Planning Board shall be based on Tax Map information or some other similarly accurate base map at scale preferably not less than 400 feet to the inch to enable the entire tract to be shown on one sheet.
(2)
The sketch plan shall be submitted on a sheet of paper no less than 8.5 inches by 11 inches.
(3)
The sketch plan shall be submitted showing the following information:
(a)
A location map to indicate the relationship of the proposed subdivision to existing community facilities which will serve or influence the layout, such as existing road patterns, schools, parks and other public or conservation lands, and whether such subdivision is located within the City's Local Waterfront Revitalization Area.
(b)
All existing structures, including any structures of historical or archaeological importance, existing property lines, wooded areas, streams or watercourses, wetlands and other significant physical features within the area to be subdivided and within 500 feet thereof.
(c)
The kind of development proposed, including uses (such as residential, commercial, mixed use).
(d)
The proposed pattern and approximate dimensions and areas of lots (including lot width and depth), building sites, road and driveway type and configuration, recreation areas, conservation areas, systems of drainage, water supply, and sewage system within the subdivision, including scale, North arrow and acreage involved.
(e)
The name and owner of all adjoining property.
(f)
All existing restrictions on the use of the land, such as zoning district designation, rights-of-way or other easements, including conservation easements, and covenants.
(5)
Copies of any applications to the Zoning Board of Appeals for a use or area variance, if applicable.
B.
Sketch plan meeting. The owner or applicant, or his duly authorized representative, shall attend a meeting of the Planning Board to discuss the sketch plan and applicable laws, rules and regulations related to the proposed subdivision. Upon conclusion of such meeting where possible, but in no event not later than 30 days following such meeting, the Planning Board shall make the following determinations:
(1)
Whether the sketch plan meets the requirements of § 325-35.1A, and if necessary, make specific recommendations regarding such requirements in writing to be incorporated by the applicant in the next submission to the Planning Board.
(2)
In accordance with this subsection, determine whether the subdivision is a major or minor subdivision and, if a minor subdivision, whether such minor subdivision will be subject to subdivision review or site plan review.
(a)
Major subdivision approval. Review of major subdivisions, as that term is defined by § 325-42, shall be required for all applications involving one or more of the following:
C.
Time for filing application. Within six months after acceptance and classification of the sketch plan, the applicant shall submit to the Planning Board an application for a subdivision approval for any major subdivision or a minor subdivision deemed to warrant such a review. Failure to submit such application based upon the sketch plan within six months from acceptance and classification of the sketch plan will result in revocation of sketch plan approval.
D.
State environmental quality review.
(1)
Coordination with the State Environmental Quality Review Act. The owner or applicant shall provide full disclosure and cooperate with the Planning Board in its efforts to comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(2)
Receipt of a complete application and preliminary plat. In any unlisted or Type I action under the State Environmental Quality Review Act, no application hereunder shall be deemed complete until a negative declaration or notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.
E.
Subdivision application. Within six months of the classification of a sketch plan as a major subdivision or where the Planning Board has determined that a minor subdivision shall nevertheless be subject to subdivision review, the owner or applicant of such subdivision may submit seven copies of the sketch plan which shall incorporate recommendations, if any, made by the Planning Board as a result of the sketch plan meeting to the Secretary of the Planning Board, together with seven copies of an application for such subdivision, accompanied by the required fee. The application shall include the following documents:
(1)
A copy of such covenants, deed restrictions, road requirements or road maintenance agreements as are intended to cover all or part of the subdivision plat or a statement by the owner that no such restrictions exit.
(2)
If the application covers only a part of the owner's or applicant's entire contiguous holdings, the application shall submit a map or sketch of the entire contiguous holdings, indicating acreages and the relation of the proposed subdivision to the entire holding(s). The map shall show an outline of the planned area with its proposed streets and shall indicate the probable future street system with grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire subdivision. The area proposed for subdivision shall be considered in light of the entire holding.
(3)
All appropriate environmental forms, assessments and impact statements which are necessary in connection with the environmental review process, including a long form environmental assessment.
(4)
Applications for a density bonus permit pursuant to § 325-28.2 or use or area variances, where applicable.
(5)
Seven copies of the preliminary plat certified by a licensed land surveyor and/or professional engineer at a scale of not more than 100 feet but preferably not less than 50 feet to an inch shall be submitted to the Secretary of the Planning Board at least five days prior to the regular Planning Board meeting, which plat shall contain the following information:
(a)
Proposed subdivision name and location, date, true or magnetic North point, map scale, name and address of the record owner and owner or applicant, name and address of engineer and/or surveyor, including license number(s) and seal(s).
(b)
The name of all owners or parcels immediately adjacent and within 200 feet of the property, including opposite side of roads or highways.
(c)
All parcels of land proposed to be dedicated to public use or preserved as conservation or open space and the conditions of such dedication or preservation.
(d)
Location of existing property lines, easements, buildings, watercourses, wetlands, rock outcrops, wooded areas, soil types, slopes greater than 15% and 30%, and other significant existing physical features and significant environmental resources as identified by the City for the proposed subdivision and adjacent property.
(e)
Location of existing and proposed sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(f)
Contours with intervals of 10 feet or less as required by the Board, including elevations of existing roads. Approximate grading plan if natural contours are to be changed more than two feet.
(g)
All existing and proposed roads or public ways or places shown on the Official Zoning Map within the area to be subdivided or developed, including width, location, grades, road profiles and cross sections of all roads or public ways as proposed by the developer.
(h)
Street lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
(i)
Sufficient data acceptable to the Planning Board to readily determine the location, bearing and length of every road line, lot line, boundary line, including chord bearing, curve radii and arc length or central angle and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.
(j)
The length and bearing of all straight lines, radii, chord bearing, arc and/or central angles of all curves shall be given for each road. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the properties.
(k)
The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, fire ponds and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewer disposal and treatment as provided in the Public Health Law. Profiles of all proposed water and sewer lines.
(l)
Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of discharge.
(m)
Plans and cross sections showing the proposed location and type of sidewalks, road lighting standards, road trees, curves, water mains, sanitary sewers and stormwater drains, and including the size and type thereof, the character, width and depth of pavements and subbase, the location of manholes, catch basins and overhead lines, underground conduits, i.e., telephone, CATV, power, gas, and all contemplated infrastructure.
(n)
Preliminary designs of any bridges or culverts which may be required.
(o)
The proposed lot lines with approximate dimensions and area of each lot.
(p)
Where topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over and under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public highway or public conservation land or open space shown on the subdivision or the Official Zoning Map.
(q)
An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to or by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by suitable monuments, as recommended by the licensed land surveyor, and shall be referenced and shown on the plat. The plat shall show all existing structures, wooded areas, streams, wetlands and other significant features within the portion to be subdivided or developed and within 200 feet thereof. Topical contour shall also be included in intervals of not more than 10 feet.
(r)
All on-site sanitation and water supply facilities shall be designed to meet or exceed the minimum of the current state and county sanitation laws. The feasibility data on sanitation facilities, including percolation test, water and stormwater drainage, including documentation from on-site investigation by the Columbia County Department of Health or a licensed engineer, shall be noted on the plat and signed by a duly appointed agent of the county or licensed engineer.
(s)
Road requirements or road maintenance agreement notes approved by the Planning Board.
(t)
Photos or aerial photos, if required.
(u)
Layout of all utilities and proposed easements.
F.
Approval procedure.
(1)
Owner or applicant to attend Planning Board meeting. The owner or applicant, or his duly authorized representative, shall attend the meeting of the Planning Board scheduled to discuss the subdivision application.
(2)
Official submission date. The time of submission of the subdivision application shall be considered to be the date of the Planning Board's regular meeting on or before which the complete application, accompanied by the required fee and all data required by this section, has been filed with the Secretary of the Planning Board. The application shall not be considered complete until either a negative declaration has been filed or a notice of completion of a draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of the application shall begin upon filing of the negative declaration or the notice of completion.
(3)
Consideration of the preliminary plat. The Planning Board shall study the practicability of the preliminary subdivision plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of roads, their relation to the topography of the land, water supply, road requirements and road maintenance agreements, sewerage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet not subdivided, and the requirements and goals of this chapter, the Comprehensive Plan, and the Local Waterfront Revitalization Program and the policies contained therein.
(4)
Highway referral. In any application for a subdivision that will require access from a state, county or City highway, the applicant will forward notice of the proposed subdivision or development to the appropriate agency for review and comment, with proof of such submission and the response from the agency, if any, to be filed with the Secretary of the Planning Board.
(5)
Public hearing on preliminary plat; Planning Board as lead agency.
(a)
The time within which the Planning Board shall hold a public hearing on the preliminary plat as follows:
[1]
If such Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the public hearing on such plat shall be held within 62 days after receipt of a completed application by the Secretary of the Planning Board.
[2]
If such Board determines that an environmental impact statement is required, and a public hearing on the draft environmental impact statement is held, the public hearing on the preliminary plat and the draft environmental impact statement shall be held jointly within 62 days after filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the preliminary plat shall be held within 62 days of the filing of the notice of completion.
(b)
Notice and length.
[1]
The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such a manner as it deems most appropriate for full public consideration of such preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[2]
The applicant shall mail notice of the filing of the application and all public hearings regarding such subdivision directly to all owners of abutting parcels of the parcel or parcels proposed to be subdivided. Notification in all cases shall be made by certified mail, return receipt requested, at least 10 days prior to the scheduled Planning Board meeting or hearing. Documentation of the foregoing notification shall be submitted to the Planning Board prior to the public hearing.
(c)
Decision. Approval of a preliminary plat shall be based upon demonstration of compliance with all relevant provisions of this chapter and consistency with the Comprehensive Plan and, where applicable, any applicable policies and projects contained in the Local Waterfront Revitalization Program. The Planning Board shall approve, with or without modification, or disapprove such preliminary plat as follows:
[1]
If the Planning Board determines that the preparation of an environmental impact statement on the plat is not required, such Board shall make its decision within 62 days after the close of the public hearing. Such decision shall include a preliminary determination on any application for a density bonus permit; or
[2]
If the Planning Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 62 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the plat. Within 30 days of the filing of such final environmental impact statement, the Planning Board shall issue findings on the final environmental impact statement and make its decision on the preliminary plat, including a preliminary determination on any application for a density bonus permit.
[3]
If the Planning Board fails to act within the specified time periods, the default approval provisions of the General City Law shall apply.
[4]
The time in which the Planning Board must take action on such preliminary plat may be extended by mutual written consent of the owner or applicant and the Planning Board.
(d)
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing or in its minutes any modifications it deems necessary for submission of the preliminary plat in final form.
(6)
Public hearing on preliminary plat; Planning Board not as lead agency.
(a)
Public hearing on preliminary plat. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary plat jointly with the lead agency's hearing on the draft environmental impact statement, where the lead agency holds such hearing. Failing agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the preliminary plat within 62 days after receipt of a complete application by the Secretary of the Planning Board.
(b)
Notice and length.
[1]
The hearing on the preliminary plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The hearing on the preliminary plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[2]
The applicant shall mail notice of the filing of the application and all public hearings regarding such subdivision directly to all owners of adjoining parcels of the parcel or parcels proposed to be subdivided. Notification in all cases shall be made by certified mail, return receipt requested, at least 10 days prior to the scheduled Planning Board hearing. Documentation of the foregoing notification shall be submitted to the Planning Board prior to the public hearing.
(c)
Decision. Approval of a preliminary plat shall be based upon demonstration of compliance with all relevant provisions of this chapter and consistency with the Comprehensive Plan and, where applicable, any applicable policies and projects contained in the Local Waterfront Revitalization Program. The Planning Board shall, by resolution, approve, with or without modification, or disapprove such preliminary plat as follows:
[1]
If the preparation of an environmental impact statement on the plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing; or
[2]
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the plat within 62 days after the close of the public hearing on such plat or 30 days of the adoption of findings by the lead agency, whichever period is longer.
[3]
If the Planning Board fails to act within the specified time periods, the default approval provisions of the General City Law shall apply.
[4]
The time in which the Planning Board must take action on such preliminary plat may be extended by mutual written consent of the owner or applicant and the Planning Board.
(d)
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the record of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing or in its minutes any modifications it deems necessary for submission of the preliminary plat in final form.
(7)
Action on major subdivision preliminary plat.
(a)
Approval of a preliminary plat shall not constitute approval of the subdivision, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the preliminary subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision as a result of new information obtained at the public hearing.
(b)
Certification and filing of preliminary plat. Within five business days of the adoption of the resolution granting approval of the preliminary plat, such plat shall be certified by the Secretary of the Planning Board as having been granted preliminary approval, and a copy of the plat and resolution shall be filed in the office of the City Clerk. A copy of the resolution shall be mailed or otherwise provided to the owner or applicant.
(c)
Revocation. Within six months of the approval of the preliminary plat, the owner must submit the plat in final form. If the plat is not submitted within six months, the preliminary approval shall be revoked, but such preliminary approval is subject to extension by the Planning Board at its discretion.
(8)
Approval of final subdivision plat.
(a)
Submission and approval of final plat. When a plat in compliance with Subsection F(8)(b) and (c) of this section and marked as "Final Plat" is submitted to the Planning Board which the Planning Board deems to conform to the preliminary plat previously approved, including any conditions of such approval, the Planning Board shall, by resolution, either conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing and certification of such final plat, within 62 days of its receipt by the Planning Board. Failure of the Planning Board to act within such time, unless such time period is extended by mutual consent, shall constitute approval of such final plat.
(b)
Form of final plat. The final plat for a major subdivision or conservation development to be filed with the County Clerk shall be printed upon linen or Mylar or upon such paper or materials required by County Clerk of Columbia County to be duly filed. The plat shall show:
[1]
Proposed subdivision or development name and name of the City and county in which it is located, date, true or magnetic North point, map scale, name and address of the record owner and owner or applicant, name and address of engineer and/or surveyor, including license number(s) and seal(s).
[2]
All parcels of land proposed to be dedicated to public use or preserved as open space and the conditions of such dedication or preservation. The agreements or documents as are necessary to show the manner in which such areas are to be owned, maintained and preserved, including road maintenance agreements approved by the Planning Board, shall be noted on or appended to the plat.
[3]
Road lines, pedestrianways, lots, reservations, easements and areas to be dedicated to public use.
[4]
Location of existing and proposed sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
[5]
Contours with intervals of 10 feet or less as required by the Board, including elevations of existing roads. Approximate grading plan if natural contours are to be changed more than two feet.
[6]
All existing and proposed roads or public ways or places shown on the Official Zoning Map within the area to be subdivided or developed, including width, location, grades, road profiles and cross-sections of all roads or public ways as proposed by the developer.
[7]
Sufficient data acceptable to the Planning Board to readily determine the location, bearing and length of every road line, lot line, boundary line, including chord bearing, curve radii and arc length or central angle and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plane coordinates and, in any event, should be tied to reference points previously established by a public authority.
[8]
The length and bearing of all straight lines, radii, chord-bearing, arc and/or central angles of all curves shall be given for each road. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the properties.
[9]
Lots and blocks within a subdivision shall be numbered and lettered in accordance with the prevailing City practice.
[10]
The approximate location and size of all proposed water lines, valves, hydrants and sewer lines, fire ponds and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewer disposal and treatment as provided in the Public Health Law. Profiles of all proposed water and sewer lines.
[11]
Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of discharge.
[12]
Permanent reference monuments shall be shown and shall be constructed in accordance with specifications of the City Public Works Superintendent. When referenced to the state system of plan coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the City Public Works Superintendent and their location noted and referenced upon the plat.
[13]
All lot corner markers shall be permanently located satisfactorily to the City Public Works Superintendent at least 3/4 inch (if metal) in diameter and at least 24 inches in length and located in the ground to existing grade.
[14]
Monuments of a type and approved by the City Public Works Superintendent shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at all road intersections, angle points in street lines, points of curve, and such intermediate points as shall be required by the City Public Works Superintendent.
[15]
The proposed lot lines with approximate dimensions and area of each lot.
(c)
Underground utilities map. A map shall be submitted to the satisfaction of the Planning Board, indicating the location of the monuments marking all underground utilities as actually installed. If the owner or applicant completes all required improvements without a security agreement, then such map shall be submitted prior to final approval of the subdivision plat. However, if the owner or applicant elects to provide a security agreement for all required improvements, such bond or other security shall not be released until such a map is submitted in a form satisfactory to the Planning Board.
(d)
Final plats when no preliminary plat is required to be submitted; receipt of complete final plat. When no preliminary plat is required to be submitted, a final plat shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.
(e)
Final plats not in substantial agreement with approved preliminary plats, or when no preliminary plat is required to be submitted. When a final plat is submitted which the Planning Board deems not to be in substantial agreement with a preliminary plat approved pursuant to this section, or when no preliminary plat is required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the definition provided in § 325-42, the following shall apply:
[1]
Planning Board as lead agency; public hearing; notice; decision.
[a]
Public hearing on final plats. The time within which the Planning Board shall hold a public hearing on such final plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act, as follows:
[i]
If such board determines that the preparation of an environmental impact statement is not required, the public hearing on a final plat not in substantial agreement with a preliminary plat, or on a final plat when no preliminary plat is required to be submitted, shall be held within 62 days after the receipt of a Complete final plat by the Clerk of the Planning Board; or
[ii]
If such board determines that an environmental impact statement is required and a public hearing on the draft environmental impact statement is held, the public hearing on the final plat and the draft environmental impact statement shall be held jointly within 62 days after the filing of the notice of completion of such draft environmental impact statement in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the public hearing on the final plat shall be held within 62 days following filing of the notice of completion.
[b]
Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if no hearing is held on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[c]
Decision. The Planning Board shall make its decision on the final plat as follows:
[i]
If such commission determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat within 62 days after the date of the public hearing; or
[ii]
If such Board determines that an environmental impact statement is required and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within 45 days following the close of the public hearing on the final plat. Within 30 days of the filing of the final environmental impact statement, the Planning Board shall issue findings on such final environmental impact statement and shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat.
[d]
Grounds for decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
[2]
Planning Board not as lead agency; public hearing; notice; decision.
[a]
Public hearing. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the final plat jointly with the lead agency's hearing on the draft environmental impact statement. Failing such agreement or if no public hearing is held on the draft environmental impact statement, the Planning Board shall hold the public hearing on the plat within 62 days after the receipt of a complete final plat by the Clerk of the Planning Board.
[b]
Public hearing; notice, length. The hearing on the final plat shall be advertised at least once in a newspaper of general circulation in the City at least five days before such hearing if held independently of the hearing on the draft environmental impact statement or 14 days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat. The hearing on the final plat shall be closed upon motion of the Planning Board within 120 days after it has been opened.
[c]
Decision. The Planning Board shall, by resolution, conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat as follows:
[i]
If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within 62 days after the close of the public hearing on such final plat.
[ii]
If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within 62 days after the close of the public hearing on such final plat or within 30 days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board.
(f)
Plat certification. Upon passage of a resolution by the Planning Board of conditional or final approval of the final plat, the Planning Board shall empower a duly authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within five business days of such resolution, the plat shall be certified by the Clerk of the Planning Board as having been granted conditional or final approval, and a copy of said plat shall be filed in the City Clerk's office and mailed to the owner or applicant. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which, when completed, will authorize the signing of the conditionally approved plat as final. Upon completion of such requirements, the plat shall be signed by the duly authorized officer of the Planning Board and a copy of the signed plat shall be filed in the office of the City Clerk.
(g)
Approval of plat in sections. In granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided and developed in two or more sections and may, in its resolution granting conditional or final approval, state that such requirements as it deems necessary to ensure the orderly development of the plat be accepted before the sections may be signed by the duly authorized officer of the Planning Board. Conditional or final approval of the sections of the final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the Planning Board.
(h)
Conditional approval. Conditional approval of the final plat shall expire within 180 days after passage of the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The Planning Board may extend by not more than two additional periods of 90 days each the time in which a conditionally approved plat must be submitted for signature if, in the Planning Board's opinion, such extension is warranted by the particular circumstances.
(9)
Default approval of preliminary plat. Any default approval of preliminary plat shall not avoid the need for final plat submission and approval.
(10)
Improvements and performance bond. Before the Planning Board grants final approval of a subdivision plat, the owner or applicant shall complete all improvements (including roads and highways) or comply with the following procedure:
(a)
Furnishing of performance bond or other security. As an alternative to the installation of infrastructure and improvements, as above provided, prior to Planning Board approval, a performance bond or other security sufficient to cover the full cost of the same, as estimated by the Planning Board or a City department designated by the Planning Board to make such estimate, where such departmental estimate is deemed acceptable by the Planning Board, shall be furnished to the City by the owner.
(b)
Security where plat approved in sections. In the event that the owner shall be authorized to file the approved plat in sections, as provided in this section, approval of the plat may be granted upon the installation of the required improvements in the section of the plat filed in the office of the County Clerk or the furnishing of security covering the costs of such improvements. The owner shall not be permitted to begin construction of buildings in any other section until such section has been filed in the office of the County Clerk and the required improvements have been installed in such section or a security covering the cost of such improvements is provided.
(c)
Form of security. Any such security must be provided pursuant to a written security agreement with the City, approved by the Common Council and also approved by the City Attorney as to form, sufficiency and manner of execution, and shall be limited to:
[1]
A performance bond issued by a bonding or surety company;
[2]
The deposit of funds in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in this state;
[3]
An irrevocable letter of credit from a bank located and authorized to do business in this state;
[4]
Obligations of the United States of America; or
[5]
Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full cost of such improvements. If not delivered to the City, such security shall be held in a City account at a bank or trust company.
(d)
Term of security agreement. Any such performance bond or security agreement shall run for a term to be fixed by the Planning Board, but in no case for a longer term than three years; provided, however, that the term of such performance bond or security agreement may be extended by the Planning Board with consent of the parties thereto. If the Planning Board shall decide at any time during the term of the performance bond or security agreement that the extent of building development that has taken place in the subdivision is not sufficient to warrant all the improvements covered by such security or that the required improvements have been installed as provided in this section and by the Planning Board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the Common Council, the Planning Board may modify its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the Planning Board.
(e)
Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Common Council may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof, the City shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
(f)
Extension of period specified in security agreement.
[1]
The time period for the completion of all required improvements, as set forth in the security agreement and any renewals or replacements thereof, shall not be extended except upon approval of the Planning Board. Requests for an extension shall be addressed in writing to the Planning Board and shall set forth the following information:
[a]
Detailed reasons for failure or inability to complete the work within the time specified in the security agreement.
[b]
The amount of work which has been completed, as certified by the applicant's engineer.
[c]
The maximum estimated time required to complete the remainder of the work.
[d]
The terms of the security agreement.
[2]
The Planning Board shall consider escalations in construction costs and may require the amount of security/bond to be increased to reflect the increased construction costs.
(g)
Reduction in security. Upon approval of the Common Council and after due notice, the Planning Board may reduce the required amount of the performance bond or other security during its term if the Planning Board finds that sufficient improvements have been installed to warrant such a reduction. Requests for a reduction shall be made in writing to the Planning Board and shall itemize the amount of required improvements already completed and the amount of reduction requested. The Planning Board shall forward such application to the Common Council for its action.
(11)
Filing of approved subdivision with county.
(a)
Upon completion of the requirements of this section and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and shall be filed by the applicant or owner, together with the Underground Utilities Map, and any related deed restrictions or covenants, in the office of the County Clerk of Columbia County, New York. The approval of any subdivision plat not so filed or recorded by reasons of the failure of the owner or applicant to act within 62 days of the date upon which such plat is approved as final shall lapse and shall require resubmission to the Planning Board for restamping or review as a preliminary or final plat as the Planning Board determines, given the duration of such failure, the reasons therefor, the performance of required improvements and the applicability of intervening laws, standards or requirements.
(b)
No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and signed and certified on the plat, unless the said plat is resubmitted to the Planning Board and such Board approves any modifications. In the event that any such plat is recorded without complying with this requirement, the same shall be considered null and void, and the City shall institute proceedings to have the plat stricken from the records of the County Clerk.
(12)
Public roads; recreation areas.
(a)
The approval of the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of an acceptance by the City of any road, easement, or other open space shown on such plat.
(b)
When a conservation easement, trail, park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the City of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the City covering future deed and title dedication and provision for the cost of grading, development, equipment, and maintenance of any such recreation area.
G.
Waivers. Where the Planning Board finds that, because of the special circumstances of a particular subdivision or conservation development, extraordinary hardship may result from strict compliance with this chapter, the Planning Board shall have the authority to vary or modify the application of any of the requirements herein, in the interest of public health, safety and general welfare; provided, however, that any such waiver by the Planning Board shall be preceded by recommendations to, and concurrence by, the Common Council.
I.
Court review. Any person aggrieved by a decision of the Planning Board made pursuant to this section may bring a proceeding to review such decision in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record of competent jurisdiction on the ground that such decision is illegal in whole or in part. Such proceeding must be commenced within 30 days after the filing of the decision in the office of the City Clerk.
§ 325-35.2 Consistency review with Local Waterfront Revitalization Program.
A.
Coastal Consistency Review Board.
(1)
The Coastal Consistency Review Board shall be responsible for coordinating review of actions in the City's coastal area for consistency with the LWRP and will advise, assist and make consistency recommendations to other City agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program.
(2)
The Coastal Consistency Review Board 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.
(3)
The Coastal Consistency Review Board shall assist the City in making applications for funding from state, federal, or other sources to finance projects under the LWRP.
(4)
The Coastal Consistency Review Board shall perform other functions regarding the coastal area and direct such actions or projects as the Common Council may deem appropriate to implement the LWRP.
B.
LWRP consistency review of actions.
(1)
Whenever a proposed action is located within the City's coastal area, each City agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in Subsection B(8) herein. No action in the coastal area shall be approved, funded or undertaken by that agency without such a determination.
(2)
Whenever an agency of the City 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 agency shall refer a copy of the completed CAF[1] to the Coastal Consistency Review Board within 10 days of its receipt and, prior to making its determination, shall consider the recommendation of the Coastal Consistency Review Board with reference to the consistency of the proposed action.
[1]
Editor's Note: "CAF" refers to the coastal assessment form. Said form is on file in the City offices.
(3)
Coastal Consistency Review Board consideration; recommendation.
(a)
After referral from an agency, the Coastal Consistency Review Board shall consider whether the proposed action is consistent with the LWRP policy standards set forth in Subsection B(8) herein. The Coastal Consistency Review Board shall require the applicant to submit all completed applications, CAFs, EAFs, and any other information deemed necessary to its consistency recommendation.
(b)
The Coastal Consistency Review 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 Coastal Consistency Review Board and the applicant or, in the case of a direct action, the agency. The Coastal Consistency Review Board's recommendation shall indicate whether the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and shall elaborate in writing the basis for its opinion. The Coastal Consistency Review Board shall, along with a consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards or to greater advance them.
(c)
In the event that the Coastal Consistency Review Board's recommendation is not forthcoming within the specified time, the agency shall make its consistency decision without the benefit of the Coastal Consistency Review Board's recommendation.
(4)
If an action requires approval of more than one City agency, decisionmaking will be coordinated between the agencies to determine which agency will conduct the final consistency review, and that agency will thereafter act as designated consistency review agency for the specific action being reviewed. Only one CAF per action will be prepared. If the agencies cannot agree, the Common Council shall designate the consistency review agency.
(5)
Agency consideration; Zoning Board of Appeals.
(a)
Upon receipt of the Coastal Consistency Review Board's recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection B(8) herein. The agency shall consider the consistency recommendation of the Coastal Consistency Review Board, the CAF and other relevant information in making its written determination of consistency. No approval or decision shall be rendered for an action in the coastal area without a written determination of consistency having first been rendered by a City agency.
(b)
The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this section. The Zoning Board of Appeals shall consider the written consistency recommendation of the Coastal Consistency Review Board in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activity consistent with the objectives of this section.
(6)
Where an EIS is being prepared or required, the draft EIS must identify applicable LWRP policy standards in Subsection B(8) and include a thorough discussion of the effects of the proposed action on such policy standards.
(7)
In the event the Coastal Consistency Review Board's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards.
(8)
Actions to be undertaken within the coastal area shall be evaluated for consistency in accordance with the following summary of LWRP policy standards, which are derived from and further explained and described in Section III (Policies) of the City of Hudson LWRP, a copy of which is on file in the City Clerk's office and available for inspection during normal business hours. Agencies which undertake direct actions must also consult with Section IV (Proposed Uses and Projects) in making their consistency determination. The action must be consistent with the policies to:
(a)
Restore, revitalize and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational, and other compatible uses (Policies 1, 1A, 1B, 1C);
(b)
Strengthen the economic base of the harbor area, encourage tourism through preservation, enhancement and protection of historic, scenic and recreational interest (Policy 4);
(c)
Retain and encourage the development of water-dependent uses and facilities on or adjacent to coastal waters (Policy 2);
(d)
Ensure that development occurs where adequate public infrastructure is available (Policy 5);
(e)
Expedite permit procedures (Policy 6);
(f)
Protect and preserve fish and wildlife habitats of local importance and those which DOS has identified as significant from human disruption and chemical contamination (Policies 7, 7A, 7B, 7C, and 8);
(g)
Maintain and expand the recreational use of existing fish and wildlife resources (Policy 9);
(h)
Maintain, promote and expand commercial fishing opportunities (Policy 10);
(i)
Minimize flooding and erosion hazards through proper siting of buildings and structures; protection of natural protective features; construction of carefully selected, long-term structural measures; and the use of appropriate nonstructural means (Policies 11, 12, 13, 14, 15, and 17);
(j)
Public funds shall be used for erosion protection structures only where necessary and in an appropriate manner (Policy 16);
(k)
Safeguard vital economic, social and environmental interests in the coastal area when major actions are undertaken (Policy 18);
(l)
Maintain and improve public access to the shoreline and to water-related recreational resources, while protecting the environment and adjacent land uses (Policies 19 and 20);
(m)
Encourage and facilitate water-dependent and water-enhanced recreational resources and facilities near coastal waters (Policies 21, 21A and 21B);
(n)
Encourage the development of water-related recreational resources and facilities, as multiple-uses, in appropriate locations within the shore zone. (Policy 22);
(o)
Protect and enhance historic resources (Policy 23);
(p)
Protect and enhance scenic and aesthetic resources (Policies 24 and 25);
(q)
Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a shorefront location and in such a manner as to avoid adverse environmental impacts when in operation (Policy 27);
(r)
Undertake ice management practices to avoid adverse coastal impacts (Policy 28);
(s)
Protect surface waters and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 33, 34, 34A, 35, 36, 37 and 38);
(t)
Ensure that dredging and dredge spoil disposal are undertaken in a manner protective of natural resources (Policies 15 and 35);
(u)
Ensure that any transportation, handling or disposal of hazardous wastes and effluent is undertaken in a manner which will not adversely affect the environment (Policies 39 and 40);
(v)
Protect air quality (Policies 41, 42, and 43); and
(w)
Preserve and protect freshwater wetlands (Policy 44).
(9)
Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Coastal Consistency Review Board. Such files shall be made available for public inspection upon request.
C.
Enforcement. No action within the City of Hudson coastal area which is subject to review under this chapter shall proceed until a written determination has been issued from a City agency that the action is consistent with the City's LWRP policy standards. In the event that an activity is being performed in violation of this law or any conditions imposed thereunder, the Building Inspector or any other authorized official of the City 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. The City Building Inspector, Attorney, Code Enforcement Officer and Police Department shall be responsible for enforcing this chapter.
D.
Penalties for offenses.
(1)
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 not exceeding $250 for a conviction of a first offense and punishable by a fine of $500 for a conviction of a second or subsequent offense. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall constitute a separate additional violation.
(2)
The City Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this section. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty.