§ 320-5. Review of actions.

A. 

Prior to approving, funding or undertaking a proposed action located within the City of New Rochelle, each City agency shall determine whether the action is consistent or not consistent with the LWRP policy standards summarized in Subsection H herein. No action in the waterfront area shall be approved, funded or undertaken by the designated agency without a determination regarding consistency.

B. 

Whenever a City agency receives an application for approval or funding of an action, or as early as possible in the agency's formulation of a direct action to be located in the waterfront area, the agency shall refer a copy of the completed WAF to the Planning Board within 10 days of its receipt and prior to making its determination, shall consider the recommendation of the Planning Board with reference to the consistency of the proposed action.

C. 

Planning Board action.

(1) 

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

(2) 

The Planning Board shall render its written recommendation to the agency within 30 days following referral of the WAF from the agency. The Planning Board 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 Planning 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.

(3) 

In the event that the Planning Board's recommendation is not forthcoming within the specified time, the agency shall make its consistency decision without the benefit of the Planning Board's recommendation.

D. 

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. Only one WAF per action will be prepared. If the agencies cannot agree, the City Council of the City of New Rochelle shall designate the consistency review agency.

E. 

Decision of agency; variance applications.

(1) 

Upon receipt of the Council of the City of New Rochelle's recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection H herein. The agency shall consider the consistency recommendation of the Council of the City of New Rochelle, the WAF and other relevant information in making its written determination of consistency. No approval or decision shall be rendered for an action in the waterfront area without a written determination of consistency having first been rendered by a City agency.

(2) 

The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistency recommendation of the Council of the City of New Rochelle 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 chapter.

F. 

Where an environmental impact statement (EIS) is being prepared or required, the draft EIS must identify applicable LWRP policy standards in Subsection H and include a discussion of the effects of the proposed action on such policy standards.

G. 

In the event the Planning 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.

H. 

Actions to be undertaken within the waterfront area shall be evaluated for consistency in accordance with the following summary of LWRP policy standards (for the 13 policies), which are derived from and further explained and described in Section III, Policies, of the City of New Rochelle 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 in making their consistency determination. The action must be consistent with the policies to (include just the standards that apply to this LWRP):

(1) 

Foster a pattern of development in the waterfront area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a waterfront location, and minimizes adverse effects of development (Policy 1);

(2) 

Preserve historic resources in the waterfront area (Policy 2);

(3) 

Enhance visual quality and protect scenic resources in the waterfront area (Policy 3);

(4) 

Minimize loss of life, structures, and natural resources from flooding and erosion (Policy 4);

(5) 

Protect and improve water quality and supply in the waterfront area (Policy 5);

(6) 

Protect and restore the quality and function of the waterfront area ecosystem (Policy 6);

(7) 

Protect and improve air quality in the waterfront area (Policy 7);

(8) 

Minimize environmental degradation in the waterfront area from solid waste and hazardous substances and wastes (Policy 8);

(9) 

Provide for public access to, and recreational use of, waterfront waters, public lands, and public resources of the waterfront area (Policy 9);

(10) 

Protect water-dependent uses and promote siting of new water-dependent uses in suitable locations (Policy 10);

(11) 

Promote sustainable use of living marine resources in the waterfront area (Policy 11);

(12) 

Protect agricultural lands in the waterfront area (Policy 12);

(13) 

Promote appropriate use and development of energy and mineral resources (Policy 13).

I. 

Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Planning Board. Such files shall be made available for public inspection upon request.