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.

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.

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:

Inconsistency with standards and conditions; written findings.

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.

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.