This chapter will be known as the "Town of Webster
Waterfront Consistency Review Law."
As used in this chapter, the following terms
shall have the meanings indicated:
ACTIONS
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:
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,
that:
(1)
Are directly undertaken by an agency; or
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals
from an agency or agencies.
B.
Agency planning and policy-making 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 local laws, codes, ordinances, executive orders and resolutions
that may affect the environment.
D.
Any combinations of the above.
AGENCY
Any board, agency, department, office, other body or officer
of the Town of Webster.
COASTAL AREA
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.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
CONSISTENT
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.
DIRECT ACTION
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.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
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.
[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.
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.