§ 915 — Optional local government waterfront revitalization programs for coastal areas and inland waterways

New York § 915

• Jurisdiction: New York
• Law EXC: Executive
• Art. 42: Waterfront Revitalization of Coastal Areas and Inland Waterways

Text

§ 915. Optional local government waterfront revitalization programs\nfor coastal areas and inland waterways. 1. It is the intention of this\narticle to offer the fullest possible support by the state and its\nagencies to those local governments that desire to revitalize their\nwaterfronts. Accordingly, any local government or two or more local\ngovernments acting jointly which has any portion of its jurisdiction\ncontiguous to the state's coastal waters or inland waterways and which\ndesires to participate may submit a waterfront revitalization program to\nthe secretary as herein provided.\n 2. The secretary may provide technical and financial assistance as\nprovided in sections nine hundred seventeen and nine hundred eighteen to\nany local government for the preparation of a waterfront revitalization\nprogram for the purposes of this article.\n 3. A local government or two or more local governments acting jointly\nwhich intends to submit a waterfront revitalization program for the\npurposes of this article is strongly encouraged to consult, during its\npreparation, with other entities that may be affected by its program,\nincluding local governments, county and regional agencies, appropriate\nport authorities, community based groups and state and federal agencies.\nOn request by the local government, the secretary shall take appropriate\naction to facilitate such consultation.\n 4. The secretary shall prepare and distribute guidelines and\nregulations for local governments desiring to prepare, or cause to be\nprepared, a waterfront revitalization program (hereinafter referred to\nas the "program"). Such guidelines shall provide that the program will\nbe consistent with the policies and purposes of this article generally\nand shall include, but not be limited to:\n a. Boundaries of the waterfront area;\n b. An inventory of natural and historic resources of the waterfront\narea to be protected;\n c. A statement of the goals and objectives of the program;\n d. Identification of the uses and projects, public and private, to be\naccommodated in the waterfront area;\n e. Description of proposed means for long-term management and\nmaintenance of waterfront development and activities including\norganizational structures and responsibilities and appropriate land use\ncontrols;\n f. Description of necessary and appropriate state actions for\nsuccessful implementation of the program; and\n g. Specification of the adequate authority and capability of the local\ngovernment to implement the program.\n 5. The secretary shall approve any local government waterfront\nrevitalization program as eligible for the benefits set forth in section\nnine hundred sixteen of this article if he finds that such program will\nbe consistent with coastal policies and will achieve the waterfront\nrevitalization purposes of this article. In making such determination,\nthe secretary shall find that the program incorporates each of the\nfollowing to an extent commensurate with the particular circumstances of\nthat local government:\n a. The facilitation of appropriate industrial and commercial uses\nwhich require or can benefit substantially from a waterfront location,\nsuch as but not limited to waterborne transportation facilities and\nservices, and support facilities for commercial fishing and aquaculture.\n b. The increased use of and access to coastal waters and the\nwaterfront for water-related activities such as boating, swimming,\nfishing, walking and picnicking.\n c. The promotion and preservation of scenic, historic, cultural and\nnatural resources as community amenities and tourist designations.\n d. The strengthening of the economic position of the state's major\nports and small harbors.\n e. The redevelopment of deteriorated or formerly developed waterfronts\nthrough the re-use of existing infrastructure and building stock and the\nremoval of deteriorated structures and unsightly conditions that have\nnegative effects upon the waterfront area and adjacent neighborhoods,\nand appropriate new development.\n f. The application of local aesthetic considerations in the design of\nnew structures and the redevelopment of waterfront sites.\n g. The protection of sensitive ecological areas, including but not\nlimited to dunes, tidal and freshwater wetlands, fish and wildlife\nhabitats, and the protective capability of coastal land features. Such\nprotection will assure that land use or development will not affect such\nareas.\n h. A statement identifying those elements of the program which can be\nimplemented by the local government, unaided, and those that can only be\nimplemented with the aid of other levels of government or other\nagencies. Such statement shall include those permit, license,\ncertification or approval programs, grant, loan, subsidy or other\nfunding assistance programs, facilities construction and planning\nprograms which may affect the achievement of the waterfront\nrevitalization program.\n i. The establishment of a comprehensive harbor management plan and the\nmeans for its implementation.\n * 5-a. Nothing herein shall preclude the secretary from approving a\nportion or component of a local waterfront revitalization program\nprovided such portion or component constitutes a discrete and cohesive,\nyet comprehensive, treatment of the subject or subjects addressed, which\nmay be related to environmental, social, regional growth management or\neconomic considerations.\n * NB Effective upon approval by the secretary of commerce\n 6. Before approving any such waterfront revitalization program, or any\namendments thereto, as eligible for the benefits of this article, the\nsecretary shall consult with potentially affected state and federal\nagencies; the secretary shall not approve any such program if he finds\nafter such consultation that there is a conflict with any state or\nfederal policies.\n 7. Where there is a conflict between a submitted waterfront\nrevitalization program and any state or federal policy, at the request\nof the local government or the state or federal agency affected, the\nsecretary shall attempt to reconcile and resolve the differences between\nthe submitted program and such policies and shall meet with the local\ngovernment and involved state and federal agencies to this end.\n 8. Subsequent to approval of the local program by the secretary, state\nagency actions shall be consistent to the maximum extent practicable\nwith the local program. Provided, however, that nothing in this article\nshall be construed to authorize or require the issuance of any permit,\nlicense, certification, or other approval or the approval of any grant,\nloan or other funding assistance which is denied by the state agency\nhaving jurisdiction, pursuant to other provisions of law or which is\nconditioned by such agency pursuant to other provisions of law until\nsuch conditions are met.\n Where implementation of an approved local program depends upon the\navailability of other than local funds and program actions, the\nsecretary shall meet with the involved state and federal agencies to\nexplore the possibility of programming of such assistance, including\npre-permitting of sites for waterfront redevelopment, in a manner that\nwould provide the maximum practicable assistance toward the\nimplementation of the local program.\n 9. Before undertaking any action pursuant to any programs identified\npursuant to paragraph (h) of subdivision five of section nine hundred\nfifteen of this article the affected state agency shall submit, through\nappropriate existing clearing house procedures including but not limited\nto the state environmental quality review law, information on the\nproposed action to local government. The local government shall identify\npotential conflicts and so notify the secretary. Upon notification of\nthe conflict, the secretary will confer with the affected state agency\nand the local government to modify the proposed action to be consistent\nwith the local plan.\n 10. Any local government which has had a waterfront revitalization\nprogram approved pursuant to this section may withdraw its program at\nany time by filing with the secretary a copy of a resolution of its\nlegislative body providing for such withdrawal. Upon receipt of such\nresolution, the secretary shall immediately notify all affected state\nagencies.\n