This chapter will be known as the "Town of Newfane Waterfront
Consistency Review Law."
All boards, departments, offices, other bodies or officers of the Town of Newfane must comply with this chapter, to the extent applicable, prior to carrying out, approving or funding any action other than Type II exempt or excluded actions as those terms are defined in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, except as provided in §
259-5F of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
Either Type I or unlisted actions as defined in SEQR regulations
(6 NYCRR Part 617) which are undertaken by an agency and which include:
A.
Projects or physical activities, such as construction or other
activities, that may affect the environment by changing the use, appearance
or condition of any natural resource or structure, which:
(1)
Are directly undertaken by an agency;
(2)
Involve funding by an agency; or
(3)
Require one or more permits or approvals from an agency or agencies;
B.
Agency planning and policymaking activities that may affect
the environment and commit the agency to a definite course of future
decisions;
C.
Adoption of agency rules, regulations and procedures including
chapters, codes, ordinances, executive orders and resolutions that
may affect the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body or officer
of the Town of Newfane.
APPLICANT
Any person making an application or other request to an agency
to provide funding or to grant approval or a permit in connection
with a proposed action.
COASTAL AREA
That portion of the New York State coastal waters and adjacent
shorelands as defined in Article 42 of the Executive Law which is
located within the boundaries of the Town of Newfane, as shown on
the Coastal Area Map on file in the office of the Secretary of State
and as delineated in the Newfane LWRP.
COASTAL ASSESSMENT FORM (CAF)
The form, contained in Appendix A of this chapter, used by an agency to assist it in determining the consistency
of an action with the LWRP.
CONSISTENT
That the action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
DIRECT ACTIONS
Actions planned and proposed for implementation by a Town
agency, such as but not limited to capital projects, promulgation
of rules, regulations, laws, codes or ordinances and policymaking
which commits an agency or the Town to a course of action.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Town of
Newfane, as 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 Town
Clerk.
The Town Building Inspector and/or Code Enforcement Officer
shall be responsible for enforcing this chapter. No work or activity
on a project in the Coastal Area that is subject to review under this
chapter shall be commenced or undertaken until the Building Inspector
and/or Code Enforcement Officer has been presented with a written
determination from the Planning Board or ZBA that the action is consistent
with the LWRP policy standards and conditions. In the event that an
activity is not being performed in accordance with this chapter or
any conditions imposed thereunder, the Building Inspector and/or Code
Enforcement Officer 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.