2006 New York Code - Optional Local Government Waterfront Revitalization Programs For Coastal Areas And Inland Waterways.

 
    § 915.  Optional  local  government waterfront revitalization programs
  for coastal areas and inland waterways.  1. It is the intention of  this
  article  to  offer  the  fullest  possible  support by the state and its
  agencies to those local governments  that  desire  to  revitalize  their
  waterfronts.  Accordingly,  any  local  government  or two or more local
  governments acting jointly which has any  portion  of  its  jurisdiction
  contiguous  to  the state's coastal waters or inland waterways and which
  desires to participate may submit a waterfront revitalization program to
  the secretary as herein provided.
    2. The secretary may provide technical  and  financial  assistance  as
  provided in sections nine hundred seventeen and nine hundred eighteen to
  any  local government for the preparation of a waterfront revitalization
  program for the purposes of this article.
    3. A local government or two or more local governments acting  jointly
  which  intends  to  submit  a  waterfront revitalization program for the
  purposes of this article is strongly encouraged to consult,  during  its
  preparation,  with  other  entities that may be affected by its program,
  including local governments, county and regional  agencies,  appropriate
  port authorities, community based groups and state and federal agencies.
  On request by the local government, the secretary shall take appropriate
  action to facilitate such consultation.
    4.   The   secretary  shall  prepare  and  distribute  guidelines  and
  regulations for local governments desiring to prepare, or  cause  to  be
  prepared,  a  waterfront revitalization program (hereinafter referred to
  as the "program"). Such guidelines shall provide that the  program  will
  be  consistent  with the policies and purposes of this article generally
  and shall include, but not be limited to:
    a. Boundaries of the waterfront area;
    b. An inventory of natural and historic resources  of  the  waterfront
  area to be protected;
    c. A statement of the goals and objectives of the program;
    d.  Identification of the uses and projects, public and private, to be
  accommodated in the waterfront area;
    e.  Description  of  proposed  means  for  long-term  management   and
  maintenance   of   waterfront   development   and  activities  including
  organizational structures and responsibilities and appropriate land  use
  controls;
    f.   Description  of  necessary  and  appropriate  state  actions  for
  successful implementation of the program; and
    g. Specification of the adequate authority and capability of the local
  government to implement the program.
    5.  The  secretary  shall  approve  any  local  government  waterfront
  revitalization program as eligible for the benefits set forth in section
  nine  hundred sixteen of this article if he finds that such program will
  be consistent with coastal policies  and  will  achieve  the  waterfront
  revitalization  purposes  of this article. In making such determination,
  the secretary shall find that  the  program  incorporates  each  of  the
  following to an extent commensurate with the particular circumstances of
  that local government:
    a.  The  facilitation  of  appropriate  industrial and commercial uses
  which require or can benefit substantially from a  waterfront  location,
  such  as  but  not  limited  to waterborne transportation facilities and
  services, and support facilities for commercial fishing and aquaculture.
    b. The  increased  use  of  and  access  to  coastal  waters  and  the
  waterfront  for  water-related  activities  such  as  boating, swimming,
  fishing, walking and picnicking.
    c. The promotion and preservation of scenic,  historic,  cultural  and
  natural resources as community amenities and tourist designations.
    d.  The  strengthening  of  the economic position of the state's major
  ports and small harbors.
    e. The redevelopment of deteriorated or formerly developed waterfronts
  through the re-use of existing infrastructure and building stock and the
  removal  of  deteriorated  structures and unsightly conditions that have
  negative effects upon the waterfront area  and  adjacent  neighborhoods,
  and appropriate new development.
    f.  The application of local aesthetic considerations in the design of
  new structures and the redevelopment of waterfront sites.
    g. The protection of sensitive ecological  areas,  including  but  not
  limited  to  dunes,  tidal  and  freshwater  wetlands, fish and wildlife
  habitats, and the protective capability of coastal land  features.  Such
  protection will assure that land use or development will not affect such
  areas.
    h.  A statement identifying those elements of the program which can be
  implemented by the local government, unaided, and those that can only be
  implemented with  the  aid  of  other  levels  of  government  or  other
  agencies.   Such   statement   shall   include  those  permit,  license,
  certification or  approval  programs,  grant,  loan,  subsidy  or  other
  funding   assistance  programs,  facilities  construction  and  planning
  programs  which  may  affect   the   achievement   of   the   waterfront
  revitalization program.
    i. The establishment of a comprehensive harbor management plan and the
  means for its implementation.
    * 5-a.  Nothing  herein  shall preclude the secretary from approving a
  portion or  component  of  a  local  waterfront  revitalization  program
  provided  such portion or component constitutes a discrete and cohesive,
  yet comprehensive, treatment of the subject or subjects addressed, which
  may be related to environmental, social, regional growth  management  or
  economic considerations.
    * NB Effective upon approval by the secretary of commerce
    6. Before approving any such waterfront revitalization program, or any
  amendments  thereto,  as  eligible for the benefits of this article, the
  secretary shall consult with  potentially  affected  state  and  federal
  agencies;  the  secretary shall not approve any such program if he finds
  after such consultation that there is  a  conflict  with  any  state  or
  federal policies.
    7.   Where   there  is  a  conflict  between  a  submitted  waterfront
  revitalization program and any state or federal policy, at  the  request
  of  the  local  government  or the state or federal agency affected, the
  secretary shall attempt to reconcile and resolve the differences between
  the submitted program and such policies and shall meet  with  the  local
  government and involved state and federal agencies to this end.
    8. Subsequent to approval of the local program by the secretary, state
  agency  actions  shall  be  consistent to the maximum extent practicable
  with the local program. Provided, however, that nothing in this  article
  shall  be  construed to authorize or require the issuance of any permit,
  license, certification, or other approval or the approval of any  grant,
  loan  or  other  funding  assistance which is denied by the state agency
  having jurisdiction, pursuant to other provisions of  law  or  which  is
  conditioned  by  such  agency  pursuant to other provisions of law until
  such conditions are met.
    Where implementation of an approved local  program  depends  upon  the
  availability  of  other  than  local  funds  and  program  actions,  the
  secretary shall meet with the involved state  and  federal  agencies  to
  explore  the  possibility  of  programming of such assistance, including
  pre-permitting of sites for waterfront redevelopment, in a  manner  that
  would   provide   the   maximum   practicable   assistance   toward  the
  implementation of the local program.
    9.  Before  undertaking any action pursuant to any programs identified
  pursuant to paragraph (h) of subdivision five of  section  nine  hundred
  fifteen  of this article the affected state agency shall submit, through
  appropriate existing clearing house procedures including but not limited
  to the state  environmental  quality  review  law,  information  on  the
  proposed action to local government. The local government shall identify
  potential  conflicts  and  so notify the secretary. Upon notification of
  the conflict, the secretary will confer with the affected  state  agency
  and  the local government to modify the proposed action to be consistent
  with the local plan.
    10. Any local government which has  had  a  waterfront  revitalization
  program  approved  pursuant  to this section may withdraw its program at
  any time by filing with the secretary a copy  of  a  resolution  of  its
  legislative  body  providing  for  such withdrawal. Upon receipt of such
  resolution, the secretary shall immediately notify  all  affected  state
  agencies.