[HISTORY: Adopted by the Town Board of the Town of Webster 9-4-1997
by L.L. No. 2-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 114.
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:
- 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:
- 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.
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 § 222-4G 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 § 222-4G 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.
The Town of Webster Commissioner of Public Works or his/her 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 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 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 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.
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.