Town of Webster, NY WATERFRONT CONSISTENCY REVIEW

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).

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.

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.

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.

§ 222-3 Definitions.

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:

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.

§ 222-4 Review and actions.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 222-5 Enforcement.

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.

§ 222-6 Violations; penalties for offenses.

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.

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.

§ 222-7 Severability.

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.

§ 222-8 Effective date.

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.