[HISTORY: Adopted by the Town Board of the Town of Clay 3-15-2010 by L.L. No.
2-2010. Amendments noted where applicable.]
This chapter is to be known as the "Waterfront Consistency Law"
of the Town of Clay.
A.
This chapter is adopted under the authority of the Municipal Home
Rule Law and the Waterfront Revitalization of Coastal Areas and Inland
Waterways 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 Clay 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;
and to assure that such actions and direct actions are consistent
with said policies and purposes.
A.
It is the intention of the Town of Clay that the preservation, enhancement
and utilization of the natural and man-made resources of the unique
waterfront area of the Town 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 loss of fish
and wildlife; diminution of open space areas or public access to the
waterfront; erosion of shoreline; losses due to flooding, erosion
and sedimentation; or permanent adverse changes to ecological systems.
B.
The substantive provisions of this chapter shall only apply while
there is in existence a 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:
Either Type I or unlisted actions as defined in SEQRA regulations
(6 N.Y.C.R.R. 617.2) which are undertaken by an agency and which 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:
Agency planning and policy-making activities that may affect
the environment and commit the agency to a definite course of future
decisions;
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect the environment; and
Any combinations of the above.
Any board, agency, department, office, other body, or officer
of the Town of Clay.
That the action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
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.
The Local Waterfront Revitalization Program of the Town of
Clay, 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
Clerk of the Town of Clay.
The Waterfront Revitalization Area delineated in the Town's
Local Waterfront Revitalization Program.
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
A.
Whenever a proposed action is located in the Town's waterfront 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 I 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 waterfront area, the applicant,
or, in the case of a direct action, the agency, shall prepare a Waterfront
Assessment Form (WAF) to assist with the consistency review.
C.
The agency shall refer a copy of the completed WAF to the Waterfront
Development Committee within 10 days of its submission and, prior
to making its determination, shall consider the recommendation of
the Waterfront Development Committee with reference to the consistency
of the proposed action.
D.
After referral from an agency, the Waterfront Development Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection I herein. The Waterfront Development Committee shall require the applicant to submit all completed applications, WAFs and any other information deemed to be necessary to its consistency recommendation.
E.
The Waterfront Development Committee shall render a written recommendation
to the agency within 30 days following referral of the WAF from the
agency, unless extended by mutual agreement of the Committee and the
applicant or in the case of a direct action, the agency.
(1)
The recommendation shall indicate whether, in the opinion of the
Waterfront Development Committee, 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 for the opinion.
The Waterfront Development Committee shall, along with the consistency
recommendation, make any suggestions to the agency concerning modification
of the proposed action to make it consistent with the LWRP policy
standards and conditions or to greater advance them.
(2)
In the event that the Waterfront Development Committee's recommendation
is not forthcoming within the specified time, the referring agency
shall make its decision without the benefit of the Committee's
recommendation.
F.
If the agency and the Committee concur in the consistency of the
proposed action, the agency may proceed with the action. In the event
that the agency, after reviewing the written recommendation of the
Committee, finds that it disagrees with the consistency recommendation
of the Committee, the agency shall within 15 days prepare a written
finding detailing its position and transmit it to the Committee. The
Committee and the agency shall meet to resolve their differences within
15 days of the Committee's receipt of the agency's finding.
G.
If the Committee and the agency cannot reach a mutually agreeable
determination of consistency, the matter will be referred to the Town
Board of the Town of Clay for a finding of consistency. The agency
shall take no action until the Town Board has made a determination
and finding of consistency with the LWRP.
H.
The provisions of § 226-5G shall not apply to the Zoning Board of Appeals. Instead, where the Zoning Board of Appeals is the agency, the Zoning Board of Appeals shall consider the written consistency recommendation of the Committee when reviewing and considering an application for a variance.
I.
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 the Town of Clay LWRP, a copy of which is on file in the Town Clerk's
office and available for inspection during normal business hours.
In the case of direct actions, the agency shall also consult with
the LWRP in making its consistency determination. The action shall
be consistent with the policy to:
(1)
Revitalize and redevelop deteriorated and underutilized waterfront
areas for commercial, industrial, cultural, recreational, and other
comparable uses.
(2)
Facilitate the siting of water-dependent uses and facilities on or
adjacent to coastal waters.
(3)
Strengthen small harbors by maintaining the mix of traditional uses,
assuring safe navigation and resolving use conflicts and competition
through harbor and water surface use management.
(4)
Encourage the location of development in areas where public services
and facilities essential to such development are adequate.
(5)
Significant fish and wildlife habitats will be protected, preserved,
and, where practical, restored to maintain their viability as habitats.
(6)
In order to minimize damage to natural resources and property from
flooding and erosion, development will be sited away from hazard areas
wherever practical, and natural flooding and erosion protective features
will not be degraded.
(7)
Erosion protection structures shall be constructed only if they are
necessary to protect human life, existing development, or new water-dependent
development and will result in no measurable increase in erosion or
flooding at other locations. Nonstructural measures shall be used
whenever possible. Public funds shall only be used where the public
benefits outweigh the long term costs.
(8)
Maximize public access and recreational opportunities to the shoreline
and to waterways.
(9)
Protect, enhance and restore structures, districts, and sites that
are of significance to the history, architecture, archeology or culture
of the state, its communities, or the nation.
(10)
Protect and improve the visual quality of the waterfront.
(11)
Municipal, industrial, and commercial discharge of effluent
and pollutants, including, but not limited to, toxic and hazardous
substances, into water bodies will conform to state and national water
quality standards.
(12)
Policies and management objectives of approved local waterfront
revitalization programs will be considered while reviewing water body
classifications and while modifying water quality standards; however,
those waters already overburdened with contaminants will be recognized
as being a development constraint.
(13)
Best management practices will be used to ensure the control
of stormwater runoff, combined sewer overflows, and the nonpoint discharge
of excess nutrients, organics, and eroded soils into state waterways.
(14)
Discharge of waste materials into state waters from vessels
subject to state jurisdiction will be limited so as to protect significant
fish and wildlife habitats, recreational areas, and water supplies.
(15)
Excavation, dredging, and dredge spoil disposal will be undertaken
in a manner which protects fish and wildlife habitats, scenic resources,
natural protective features, important agricultural land, and wetlands,
and does not cause an increase in the erosion of such land.
(16)
Preserve and protect wetlands and the benefits derived from
these resources.
J.
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 determining agency makes
a written finding with respect to the proposed action that:
(1)
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;
(2)
The action would be undertaken in a manner which will minimize all
adverse effects on such LWRP policy standards and conditions;
(3)
The action will advance one or more of the other LWRP policy standards
and conditions; and
(4)
The action will result in an overriding Town, regional or state-wide
public benefit.
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Such a finding shall constitute a determination that the action
is consistent with the LWRP policy standards and conditions.
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K.
Each agency shall maintain a file for each action made the subject
of a consistency determination, including any recommendations received
from the Waterfront Development Committee. Such files shall be made
available for public inspection upon request.
A.
A Town Code Enforcement Officer 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 Code Enforcement Officer has been presented with
a written determination from an agency that the action is consistent
with the Town's LWRP policy standards and conditions.
B.
In the event that an activity is not being performed in accordance
with this chapter or any conditions imposed thereunder, the Code Enforcement
Officer 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.
A person who violates any of the provisions of, or who fails to comply
with any condition imposed by, this chapter shall have committed a
violation, punishable by a fine not exceeding $500 for a conviction
of a first offense and punishable by a fine of $1,000 for a conviction
of a second or subsequent offense. For the purpose of conferring jurisdiction
upon courts and judicial officers, each week of continuing violation
shall constitute a separate additional violation.
B.
The Town Attorney is authorized 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.
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 immediately upon its filing in
the office of the Secretary of State in accordance with Section 27
of the Municipal Home Rule Law.
