[HISTORY: Adopted by the Common Council of the City of Lockport 3-2-2011 by L.L. No.
2-2011. Amendments noted where applicable.]
This chapter will be known as the "City of Lockport Waterfront
Consistency Review Law."
A.
This chapter is adopted under the authority of the Municipal Home
Rule Law and the Waterfront Revitalization of Coastal Areas and Inland
Waterways Act of the State of New York (Article 42 of the Executive
Law).
B.
The purpose of this chapter is to provide a framework for the agencies
of the City of Lockport (City) to incorporate the policies and purposes
contained in the City of Lockport Local Waterfront Revitalization
Program (LWRP) when reviewing applications for actions or when undertaking
direct agency actions within the waterfront area; and to assure that
such actions and direct actions by City agencies are consistent with
the LWRP policies and purposes.
C.
It is the intention of the City of Lockport that the preservation,
enhancement and utilization of the unique waterfront area of the City
take place in a coordinated and comprehensive manner to ensure a proper
balance between protection of natural resources and the need to accommodate
limited population growth and economic development. Accordingly, this
chapter is intended to achieve such a balance, permitting the beneficial
use of waterfront resources while preventing loss and degradation
of living waterfront resources and wildlife; diminution of open space
areas or public access to the waterfront; disruption of natural waterfront
processes; impairment of scenic, cultural or historical resources;
losses due to flooding, erosion and sedimentation; impairment of water
quality; or permanent adverse changes to ecological systems.
D.
This chapter shall remain in effect for the duration of the City
of Lockport Local Waterfront Revitalization Program, provided the
LWRP has been adopted in accordance with Article 42 of the Executive
Law of the State of New York and approved by the Secretary of State
(Secretary).
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all of the following, except minor actions:
Projects or physical activities, such as construction or any
other activities that may affect natural, man-made or other resources
in the waterfront area or the environment by changing the use, appearance
or condition of any resource or structure, that:
Agency planning and policymaking activities that may affect
the environment and commit the agency to a definite course of future
decisions;
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect waterfront resources or the environment; and
Any combination of the above.
Any board, agency, department, office, other body, or officer
of the City of Lockport.
An officer of the City of Lockport, the City Council, Planning
Board or Zoning Board of Appeals reviewing the action.
The Building Inspector and/or Code Enforcement Officer of
the City of Lockport.
That the action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
Actions planned and proposed for implementation by an applicant
or agency, such as, but not limited to, a capital project, rule making,
procedure making and policy making. (See definition of "action" above.)
All the conditions, circumstances and influences surrounding
and affecting the development of living organisms or other ecological
resources in the waterfront area.
The Local Waterfront Revitalization Program adopted by the
City of Lockport and approved by the Secretary of State pursuant to
the Waterfront Revitalization of Coastal Areas and Inland Waterways
Act (Executive Law, Article 42), a copy of which is on file in the
office of the Clerk of the City of Lockport.
Includes the following actions, which are not subject to
review under this chapter:
Maintenance or repair involving no substantial changes in an
existing structure or facility;
Replacement, rehabilitation or reconstruction of a structure
or facility, in kind, on the same site, including upgrading buildings
to meet building or fire codes, except for structures in areas designated
by the Waterfront Erosion Hazard Area (CEHA) law where structures
may not be replaced, rehabilitated or reconstructed without a permit;
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected,
or within locally significant habitat areas;
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature or a bulkhead or other
shoreline defense structure;
Minor temporary uses of land having negligible or no permanent
impact on waterfront resources or the environment;
Installation of traffic control devices on existing streets,
roads and highways;
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
Information collection, including basic data collection and
research, water quality and pollution studies, traffic counts, engineering
studies, surveys, subsurface investigations and soils studies that
do not commit the agency to undertake, fund or approve any action;
Official acts of a ministerial nature involving no exercise
of discretion, including a building permit where issuance is predicated
solely on the applicant's compliance or noncompliance with the
relevant local building code;
Routine or continuing agency administration and management,
not including new programs or major recording of priorities that may
affect the environment;
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
those activities do not commit the agency to commence, engage in or
approve such action;
Collective bargaining activities;
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession.
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, storage of road deicing substances,
or other hazardous materials;
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
Engaging in review of any part of an application to determine
compliance with technical requirements, provided that no such determination
entitles or permits the project sponsor to commence the action unless
and until all requirements of this chapter have been fulfilled;
Civil or criminal enforcement proceedings, whether administrative
or judicial, including a particular course of action specifically
required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion;
Adoption of moratorium on land development or construction;
Interpreting an existing code, rule or regulation;
Designation of local landmarks or their inclusion within historic
districts;
Emergency actions that are immediately necessary on a limited
and temporary basis for the protection or preservation of life, health,
property or natural resources, provided that such actions are directly
related to the emergency and are performed to cause the least change
or disturbance, practicable under the circumstances, to waterfront
resources or the environment. Any decision to fund, approve or directly
undertake other activities after the emergency has expired is fully
subject to the review procedures of this chapter;
Local legislative decision such as rezoning where the City Council
determines the action will not be considered for approval.
The Waterfront Revitalization Area delineated in the City's
Local Waterfront Revitalization Program.
The form used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
A.
The City of Lockport Planning 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.
B.
The Planning Board shall coordinate with the New York State Department
of State regarding consistency review actions, with federal agencies
and with state agencies regarding consistency review of their actions.
C.
The Planning Board shall assist the City Council in making applications
for funding from state, federal, or other sources to finance projects
under the LWRP.
D.
The Planning Board shall perform other functions regarding the coastal
area and direct such actions or projects as the City Council may deem
appropriate, to implement the LWRP.
A.
Prior to approving, funding, or undertaking a proposed action located within the City's waterfront area, each City agency shall determine whether the action is consistent or not consistent with the LWRP policy standards summarized in Subsection F. 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 coastal 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.
Recommendation of Planning Board.
(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 G 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,
unless extended by mutual agreement of the Planning Board and the
applicant or, in the case of a direct action, the agency. The Planning
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 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, decision
making 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 shall designate the consistency review agency.
E.
Determination of consistency.
(1)
Upon receipt of the Planning Board's recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection G herein. The agency shall consider the consistency recommendation of the Planning Board, 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 coastal 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. If the action is determined
to be inconsistent with one or more LWRP policy standards, the Zoning
Board of Appeals, at the time it makes a decision to grant the variance,
shall impose appropriate conditions on the variance to make the activity
consistent with the policy standards.
F.
Where an EIS is required for an action in the City's waterfront area, the draft EIS must identify applicable LWRP policy standards in Subsection G and include a discussion of the effects of the proposed action on such policy standards.
G.
Actions to be undertaken within the waterfront 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 the City of Lockport 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 § 187-5, in making their consistency determination. The action must be consistent with the policies to:
(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;
(2)
Preserve historic resources in the waterfront area;
(3)
Enhance visual quality and protect outstanding scenic resources;
(4)
Minimize loss of life, structures, and natural resources from flooding
and erosion;
(5)
Protect and improve water resources;
(6)
Protect and restore ecological resources, including locally significant
fish and wildlife habitats, wetlands and rare ecological communities;
(7)
Protect and improve air quality in the waterfront area;
(8)
Minimize environmental degradation in the local waterfront area from
solid waste and hazardous substances;
(9)
Provide for public access to, and recreational use of, canal waters,
public lands, and public resources of the waterfront area;
(10)
Protect water-dependent uses and promote siting of new water-dependent
uses in suitable locations, and support harbor operations;
(11)
Promote the sustainable use of living marine resources;
(12)
Promote appropriate use and development of energy and mineral
resources.
H.
Each agency shall maintain a file for each action made the subject
of a consistency determination. Such files shall be made available
for public inspection upon request.
No action within the City's waterfront area which is subject
to review under this chapter shall proceed until a written determination
has been issued from the designated 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 chapter or
any conditions imposed thereunder, the City Code Enforcement Officer
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 Attorney, Code Enforcement Officer and Police
Department shall be responsible for enforcing this chapter.
A.
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.
B.
The City Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this chapter. Any
civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.
