[HISTORY: Adopted by the Town Board of the
Town of Webster 9-4-1997 by L.L. No. 2-1997 (Ch. 222 of the 1991
Code). Amendments noted where applicable.]
This chapter will be known as the "Town of Webster
Waterfront Consistency Review Law."
A.
This chapter is
adopted under the authority of Municipal Home Rule Law and the Waterfront
Revitalization and Coastal Resources 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 agencies of the Town of
Webster to consider the policies and purposes contained in the Local
Waterfront Revitalization Program when reviewing applications for
actions or direct agency actions located in the coastal area; and
to assure that such actions and direct action are consistent with
said policies and purposes.
C.
It is the intention
of the Town of Webster that the preservation, enhancement and utilization
of the natural and man-made resources of the unique coastal area of
the Town of Webster take place in a coordinated and comprehensive
manner to ensure a proper balance between natural resources and the
need to accommodate population growth and economic development. Accordingly,
this chapter is intended to achieve such a balance, permitting the
beneficial use of coastal resources while preventing loss of living
estuarine resources and wildlife; diminution of open space areas or
public access to the waterfront; erosion of shoreline; impairment
of scenic beauty; losses due to flooding, erosion and sedimentation;
or permanent adverse changes to ecological systems.
D.
The substantive
provisions of this chapter shall only apply while there is in existence
a Town of Webster Local Waterfront Revitalization Program which has
been adopted in accordance with Article 42 of the Executive Law of
the State of New York.
As used in this chapter, the following terms
shall have the meanings indicated:
Either Type I or unlisted actions as defined in New York
State Environmental Quality Review Act regulations (Title 6, Part
617.2, of the New York Codes, Rules and Regulations) and/or Webster
Environmental Quality Review (Local Law No. 3 of 1987) which are undertaken
by an agency and which include:
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,
that:
Agency planning and policy-making 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 the environment.
Any combinations of the above.
Any board, agency, department, office, other body or officer
of the Town of Webster.
That portion of 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 Webster, as shown on
the coastal area map on file in the office of the Secretary of State
and as delineated in the Town of Webster Local Waterfront Revitalization
Program.
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
That the action will fully comply with the Local Waterfront
Revitalization Program policy standards and conditions and, whenever
practicable, will advance one or more of them.
Actions planned and proposed for implementation by an agency,
such as, but not limited to a capital project, rule making, procedure
making and policy making.
The Local Waterfront Revitalization Program of the Town of
Webster, approved by the New York State Secretary of State pursuant
to the Waterfront Revitalization and Coastal Resources Act (Executive
Law, Article 42), a copy of which is on file in the office of the
Clerk of the Town of Webster.
A.
Whenever a proposed action is located in the town's coastal area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in § 331-4G herein.
B.
Whenever an 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 applicant or, in the case of a
direct action, the agency shall prepare a coastal assessment form
(CAF) to assist in the consistency review.
C.
The agency shall
refer a copy of the completed CAF to the Town Planning Board within
10 days of its submission and prior to making its determination shall
consider the recommendation of the authorized official with reference
to the consistency of the proposed action.
D.
After referral from an agency, the Town Planning Board shall consider whether the proposed action is consisted with the LWRP policy standards and conditions set forth in § 331-4G herein. The authorized official shall require the applicant to submit all completed applications, environmental assessment forms and any other information deemed to be necessary to its consistency recommendation.
E.
Planning Board
recommendation.
(1)
The Town Planning
Board shall render its written recommendation to the agency within
30 days following referral to the CAF from the agency, unless extended
by mutual agreement of the Town Planning Board and the applicant or,
in the case of a direct action, the agency. The recommendation shall
include whether, in the opinion of the Town Planning Board, the proposed
action is consistent with or inconsistent with one or more of the
LWRP policy standards or conditions and shall elaborate in writing
the basis of his or her opinion.
(2)
The Town Planning
Board shall, along with its consistency recommendation, make any suggestions
to the agency concerning modification of the proposed action to make
it consistent with LWRP policy standards and conditions or to greater
advance them.
(3)
In the event
that the Town Planning Board's recommendation is not forthcoming within
the specified time, the referring agency shall make its decision without
the benefit of the Town Planning Board's recommendation.
F.
The agency shall
make the determination of consistency based on the CAF, the Town Planning
Board's recommendation and such other information as is deemed to
be necessary in its determination. The agency shall issue its determination
within seven days of the date for receipt of the Town Planning Board's
recommendation or within the time necessary to adequately review the
action. The agency shall have the authority, in its finding of consistency,
to impose practicable and reasonable conditions on an action to ensure
that it is carried out in accordance with this chapter.
G.
Actions to be
undertaken within the coastal area shall be evaluated for consistency
with the LWRP policy standards and conditions, which are further explained
and described in Section III of the Town of Webster Local Waterfront
Revitalization Program, a copy of which is on file in the Town Clerk's
office and available for inspection during normal business hours.
The following list of policies is meant as a source of reference only.
All actions to be reviewed for consistency shall be consistent with
Section III of the Town of Webster Local Waterfront Revitalization
Program. Agencies which undertake direct action shall also consult
with Section IV of the LWRP in making their consistency determination.
The action shall be consistent with the policy to:
(1)
Revitalize
deteriorated and underutilized waterfront areas.
(2)
Retain and
promote recreational water-dependent uses.
(3)
Ensure that
development occurs where adequate public infrastructure is available
to reduce health and pollution hazards.
(4)
Streamline
development permit procedures.
(5)
Protect significant
and locally important fish and wildlife habitats from human disruption
and chemical contamination.
(6)
Maintain and
expand recreational fishing opportunities.
(7)
Minimize flooding
and erosion hazards through nonstructural means, carefully selected,
long-term structural measures and appropriate siting of structures.
(8)
Safeguard
economic, social and environmental interests in the coastal area when
major actions are undertaken.
(9)
Maintain and
improve public access to the shoreline and to water-related recreational
facilities while protecting the environment.
(10)
Protect
and restore historic and archeological resources.
(11)
Conserve
and protect agricultural lands.
(12)
Site and
construct energy facilities in a manner which will be compatible with
the environment and contingent upon the need for a shorefront location
and in such a manner as to avoid adverse environmental impacts.
(13)
Prevent
ice management practices which could damage significant fish and wildlife
and their habitats.
(14)
Protect
surface and groundwater from direct and indirect discharge of pollutants
and from overuse.
(15)
Perform
dredging and dredge spoil disposal in a manner protective of natural
resources.
(16)
Handle and
dispose of hazardous wastes and effluents in a manner which will not
adversely affect the environment nor expand existing landfills.
(17)
Protect
air quality.
(18)
Protect
freshwater wetlands.
H.
Inconsistency
with standards and conditions; written findings.
(1)
If the agency
determines that the action would not be consistent with one or more
of the LWRP policy standards and conditions, such action shall not
be undertaken unless the agency makes a written finding with respect
to the proposed action that:
(a)
No reasonable
alternatives exist which would permit the action to be undertaken
in a manner which will not substantially hinder the achievement of
such LWRP policy standards and conditions.
(b)
The action
would be undertaken in a manner which will minimize all adverse effects
on such LWRF policy standards and conditions.
(c)
The action
will advance one or more of the other LWRP policy standards and conditions.
(d)
The action
will result in an overriding Town of Webster, regional or state-wide
public benefit.
(2)
Such a finding
shall constitute a determination that the action is consistent with
the LWRP policy standards and conditions.
I.
Each agency shall
maintain a file for each action made the subject of a consistency
determination, including any recommendations received from the authorized
official. Such files shall be made available for public inspection
upon request.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town of Webster Commissioner of Public Works
or his/her division head, agent or designee shall be responsible for
enforcing this chapter. No work or activity on a project in the coastal
area which is subject to review under this chapter shall be commenced
or undertaken until the Town of Webster Commissioner of Public Works
or his/her division head, agent or designee has been presented with
a written determination from an agency that the action is consistent
with the town's 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 Town of Webster Commissioner
of Public Works or his/her division head, agent or designee 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.
A.
Any violation
of this chapter or of any order, requirement, decision or determination
issued by the Town of Webster Commissioner of Public Works or his/her
division head, agent or designee pursuant to this chapter is hereby
declared to be an offense punishable by $350 or imprisonment for a
period not to exceed six months, or both, upon conviction for a first
offense; upon a conviction for a second offense, both of which offenses
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and upon a conviction for a third
or subsequent offense, all of which offenses were committed within
a period of five years, punishable by a fine of not less than $700
nor more than $1,000 or imprisonment for a period not to exceed six
months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
or of any order, requirement, decision or determination issued by
the authorized official pursuant to this chapter, shall be deemed
misdemeanors, and for such purposes only all provision of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to
the penalties provided above, the Town Board may also maintain an
action or proceeding to prevent, correct or restrain any violation
of this chapter.
The provisions of this chapter are severable.
If any provision of this chapter is found invalid, such finding shall
not affect the validity of this chapter as a whole or any part or
provision hereof other than the provision so found to be invalid.
This chapter shall take effect upon its filing
in the office of the New York State Secretary of State in accordance
with New York State Municipal Home Rule Law.
