[HISTORY: Adopted by the Town Board of the Town of Waterford 12-9-2008 by L.L. No. 6-2008; readopted 2-3-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
This chapter will be known as the "Town of Waterford Waterfront Consistency Law."
This chapter is adopted under the authority of Municipal Home Rule Law § 10 and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law).
The purpose of this chapter is to provide a framework for agencies or boards of the Town of Waterford 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 waterfront area; another purpose of the law is to assure that such actions and direct actions are consistent with the said policies and purposes.
The Town hereby declares that the preservation, enhancement and utilization of the natural and man-made resources of the waterfront area of the Town should 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 waterfront resources while preventing:
The substantive provisions of this chapter shall only apply while there is in existence a Local Waterfront Revitalization Program that 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 the State Environmental Quality Review Act (SEQRA) regulations (Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York or 6 NYCRR Part 617), which are undertaken by an agency and that 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:
- A. Are directly undertaken by an agency; or
- B. Involve funding by an agency; or
- C. Require one or more new modified approvals from an agency or agencies; or
- D. Involve agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions; or
- E. Constitute adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment.
- Any board, agency, department, office, other body, or office of the Town of Waterford.
- 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 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 and Village of Waterford, 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 in the Town of Waterford.
- WATERFRONT AREA
- The waterfront revitalization area as delineated in the Town and Village of Waterford Local Waterfront Revitalization Program.
- WATERFRONT ASSESSMENT FORM (WAF)
- The form used by an agency to assist it in determining the consistency of an action with the Local Waterfront Revitalization Program.
Whenever a proposed action is located in the Town's waterfront revitalization 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 Subsection H herein.
Whenever an agency undertakes, funds or approves a Type I or unlisted action, the agency must determine if the action will be undertaken within the waterfront area and, if so, prepare a waterfront assessment form to assist with the consistency review.
The agency shall refer a copy of the completed WAF to the Planning Board within 10 days of its submission and, prior to making its determination, shall consider the recommendation of the Planning Board with reference to the consistency of the proposed action.
In making its recommendation, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards. The agency engaging in the action is responsible for consistency and is not bound by the recommendation of the Planning Board.
The Planning Board shall render a written recommendation within 30 days following referral of the WAF from the agency, unless extended by mutual agreement of the Planning Board and the applicant or the agency. The recommendation shall indicate whether, in the opinion of the Planning Board, the proposed action is consistent with the LWRP policy standards. The Planning Board shall, along with the consistency recommendation, address specific policy standards as appropriate and suggest modifications to the action to make it consistent with such standards. In the event that the Planning Board's recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Board's recommendation.
If an agency determines that an action would not be consistent with one or more of the LWRP policy standards and conditions, such action shall not be undertaken unless the determining agency makes a written finding with respect to the proposed action that:
No reasonable alternatives exist that would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions;
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions;
The action will advance one or more of the other LWRP policy standards and conditions; and
The action will result in an overriding Town, regional or statewide public benefit.
Such a finding will constitute a determination that the action is consistent with the LWRP policy standards and conditions.
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.
Actions to be undertaken within the waterfront area shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions, which are derived from and further explained and described in Section III of the Town and Village of Waterford LWRP. In the case of direct actions, the agency shall also consult with Section IV of the LWRP in making its consistency determination. The action shall be consistent with the policies to:
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;
Protect water-dependent and water-enhanced uses, promote sitting of new water-dependent or water-enhanced uses in suitable locations, and support efficient marina operation;
Promote the sustainable use of fish and wildlife resources;
Protect and restore ecological resources, including significant fish and wildlife habitats, wetlands, and rare ecological communities;
Protect and improve water resources;
Minimize loss of life, structures, and natural resources from flooding and erosion;
Protect and improve air quality;
Promote appropriate use and development of energy and mineral resources;
Minimize environmental degradation from solid waste and hazardous substances and wastes;
Improve public access to, and recreational use of, public lands, waters and resources of the waterfront revitalization area;
Enhance visual quality and protect scenic resources; and
Preserve historic resources.
The Building Inspector shall be responsible for enforcing this chapter. No work or activity on a project in the waterfront area which is subject to review under this chapter shall be commenced or undertaken until the Building Inspector 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 Building Inspector 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.
Any person who shall violate any of the provisions of this chapter shall be guilty of a violation and subject to one or more of the following remedies: a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both; or a penalty of $350 to be recovered by the Town in a civil action. Every such person shall be deemed guilty of a separate violation for each week such violation, disobedience, omission, neglect or refusal shall continue. The Town Board may also maintain an action or other proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter. In the event the penalty sought is within the monetary jurisdiction of the Town of Waterford Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
The Town Attorney may be authorized by resolution of the Town Board 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.