[HISTORY: Adopted by the Town Board of the Town of Hamburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-23-2011 by L.L. No. 9-2011]
This article will be known as the "Town of Hamburg Local Waterfront
Revitalization Program (LWRP) Consistency Review Law."
A.
This article 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 article is to provide a framework for the agencies
of the Town of Hamburg (Town) to incorporate the policies and purposes
contained in the Town of Hamburg Local Waterfront Revitalization Program
(LWRP) when reviewing applications for actions or direct agency actions
located within the waterfront area; and to ensure that such actions
and direct actions undertaken by Town agencies are consistent with
the LWRP policies and purposes.
C.
It is the intention of the Town that the preservation, enhancement
and utilization of the natural and man-made resources of the waterfront
area of the Town occur in a coordinated and comprehensive manner to
ensure a proper balance between protection of natural resources and
the need to accommodate growth and economic development. Accordingly,
this article is intended to achieve such a balance, permitting the
beneficial use of waterfront resources while preventing: loss and
degradation of living waterfront resources and wildlife; adverse impacts
to historic structures; diminution of open space areas or public access
to the waterfront; disruption of natural waterfront processes; impairment
of scenic, cultural or historical resources; losses due to flooding,
erosion and sedimentation; impairment of water quality; or permanent
adverse changes to ecological systems.
D.
The substantive provisions of this article shall only apply while
there is in existence a Town of Hamburg 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 article, the following terms shall have the
meanings indicated:
Includes all the following, except minor actions:
Projects or physical activities, such as construction or any
other activities that may affect natural, man-made or other resources
in the waterfront area or the environment by changing the use, appearance
or condition of any resource or structure, that:
Agency planning and policymaking 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 waterfront resources or the environment; and
Any combination of the above.
Any board, agency, department, office, other body, or officer
of the Town of Hamburg.
The Building Inspector and/or Code Enforcement Officer of
the Town of Hamburg.
The action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
Actions planned and proposed for implementation by an applicant
or agency, such as, but not limited to, a capital project, rule making,
procedure making and policy making.
The physical conditions that will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
resources of agricultural, archeological, historic or aesthetic significance,
existing patterns of population concentration, distribution or growth,
existing community or neighborhood character, and human health.
The Local Waterfront Revitalization Program of the Town of
Hamburg, 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 of the Town of Hamburg.
Includes the following actions, which are not subject to
review under this chapter:
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected,
or within Significant Coastal Fish and Wildlife Habitat areas;
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature or a bulkhead or other
shoreline erosion protection structure;
Minor temporary uses of land having negligible or no permanent
impact on waterfront resources or the environment;
Installation of traffic control devices on existing streets,
roads and highways;
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
Information collection including basic data collection and research,
water quality and pollution studies, traffic counts, engineering studies,
surveys, subsurface investigations and soils studies that do not commit
the agency to undertake, fund or approve any action;
Official acts of a ministerial nature involving no exercise
of discretion, including building permits where issuance is predicated
solely on the applicant's compliance or noncompliance with the
relevant local building code;
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
those activities do not commit the agency to commence, engage in or
approve such action;
Collective bargaining activities;
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, storage of road de-icing substances,
or other hazardous materials;
Adoption of regulations, policies, procedures and local legislative
decisions in furtherance of any action on this list;
Engaging in review of any part of an application to determine
compliance with technical requirements, provided that no such determination
entitles or permits the project sponsor to commence the action unless
and until all requirements of this article have been fulfilled;
Civil or criminal enforcement proceedings, whether administrative
or judicial, including a particular course of action specifically
required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion;
Adoption of a moratorium on land development or construction;
Interpreting an existing code, rule or regulation;
Designation of local landmarks or their inclusion within historic
districts;
Emergency actions that are immediately necessary on a limited
and temporary basis for the protection or preservation of life, health,
property or natural resources, provided that such actions are directly
related to the emergency and are performed to cause the least change
or disturbance practicable, under the circumstances, to waterfront
resources or the environment. Any decision to fund, approve or directly
undertake other activities after the emergency has expired is fully
subject to the review procedures of this article;
Local legislative decisions such as rezoning where the Town
of Hamburg determines the action will not be approved.
The permanent committee within the Town of Hamburg that is
dedicated to review waterfront issues and advise the Town Board on
the same. The Shoreline Revitalization Committee is authorized to
coordinate and make recommendations to Town agencies regarding consistency
reviews required under this article.
That portion of Coastal Area as defined in Article 42 of
the Executive Law that is located within the boundaries of the Town
of Hamburg, as shown on the coastal area map on file in the office
of the Secretary of State, and as delineated in the Town of Hamburg
Local Waterfront Revitalization Program (LWRP).
The form used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
A.
The Town of Hamburg Shoreline Revitalization Committee (the "Committee")
shall be responsible for coordinating review of actions in the Town's
waterfront area for consistency with the LWRP, and will advise, assist
and make consistency recommendations to other Town agencies in the
implementation of the LWRP and its policies and projects, including
physical, legislative, regulatory, administrative and other actions
included in the program.
B.
The Committee shall coordinate with the New York State Department
of State regarding consistency review of actions by federal agencies
and with state agencies regarding consistency review of their actions.
C.
The Committee shall assist the Town Board in making applications
for funding from state, federal, or other sources to finance projects
under the LWRP.
D.
The Committee shall perform other functions regarding the waterfront
area and direct such actions or projects as the Town Board may deem
appropriate, to implement the LWRP.
A.
Whenever a proposed action is located within the Town's waterfront area, each Town agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in Subsection I of this section. No action in the waterfront area shall be approved, funded or undertaken by that agency without such a determination of consistency.
B.
Whenever a Town 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 agency
shall refer a copy of the completed WAF to the Committee within 10
days of its receipt. Prior to making its consistency determination,
the agency shall consider the recommendation of the Committee with
reference to the consistency of the proposed action.
C.
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards set forth in Subsection I of this section. The Committee shall require the applicant to submit all completed applications, WAFs, environmental assessment form (EAFs), and any other information deemed necessary to its consistency recommendation.
(1)
The Committee shall render its written recommendation to the agency
within 30 days following referral of the WAF from the agency, unless
extended by mutual agreement of the Committee, the agency, and the
applicant or, in the case of a direct action, the agency. The Committee's
recommendation shall indicate whether the proposed action is consistent
with or inconsistent with one or more of the LWRP policy standards
and shall elaborate in writing the basis for its opinion. The Committee
shall, along with a consistency recommendation, make any suggestions
to the agency concerning modification of the proposed action, including
the imposition of conditions, to make it consistent with LWRP policy
standards or to greater advance them. In the event that the Committee's
recommendation is not forthcoming within the specified time, the agency
shall make its consistency decision without the benefit of the Committee's
recommendation.
(2)
The Town shall maintain a file for each action made the subject of
a consistency determination, including any recommendations received
from the Committee. Such file shall be kept in the office of the Planning
Division and made available for public inspection upon request.
D.
If an action requires approval of more than one Town agency, decision-making
will be coordinated between the agencies to determine which agency
will conduct the consistency review, and that agency will thereafter
act as designated consistency review agency. Only one WAF per action
will be prepared. If the agencies cannot agree, the Town Board shall
designate the consistency review agency.
E.
Upon receipt of the Committee's recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection I of this section. The agency shall consider the Committee's consistency recommendation, the WAF, and other relevant information in making its written determination of consistency. No approval or decision shall be issued for an action in the waterfront area without a written determination of consistency having first been rendered by a Town agency.
F.
The Zoning Board of Appeals is the designated agency for the determination
of consistency for variance applications subject to this law. The
Zoning Board of Appeals shall consider the written consistency recommendation
of the Committee in the event and at the time it makes a decision
to grant such a variance and shall impose appropriate conditions on
the variance to make the activity consistent with the objectives of
this law.
G.
Where an Environmental Impact Statement (EIS) is being prepared or required, the draft EIS must identify applicable LWRP policies standards in Subsection I of this section, and include a discussion of the effects of the proposed action on such policy standards.
H.
In the event the Committee's recommendation is that the action
is inconsistent with the LWRP, and the agency makes a contrary determination
of consistency, the agency shall elaborate in writing the basis for
its disagreement with the recommendation and state the manner and
extent to which the action is consistent with the LWRP policy standards.
I.
Actions to be undertaken within the waterfront area shall be evaluated
for consistency in accordance with the following summary of LWRP policy
standards, which are derived from and further explained and described
in Section 3 of the Town of Hamburg LWRP, a copy of which is on file
in the Town Clerk's office and available for inspection during
normal business hours. Agencies which undertake direct actions must
also consult with Section IV in making their consistency determination.
The action must be consistent with the policies to:
(1)
Foster a pattern of development in the Town of Hamburg that enhances
community character, preserves open space, makes efficient use of
the infrastructure, makes beneficial use of a waterfront location,
and minimizes adverse effects of development (LWRP Policy 1).
(2)
Preserve historic resources in the Town of Hamburg (LWRP Policy 2).
(3)
Enhance visual quality and protect outstanding scenic resources (LWRP
Policy 3).
(4)
Minimize loss of life, structures, and natural resources from flooding
and erosion (LWRP Policy 4).
(5)
Protect and improve water resources (LWRP Policy 5).
(6)
Protect and restore the quality of ecological resources throughout
the Town of Hamburg (LWRP Policy 6).
(7)
Protect and improve air quality (LWRP Policy 7).
(8)
Minimize environmental degradation from solid waste and hazardous
substances and wastes (LWRP Policy 8).
(9)
Improve public access to the waterfront and the use of public lands
(LWRP Policy 9).
(10)
Protect existing water-dependent uses in the Town of Hamburg
and promote the siting of new water-dependent uses in suitable locations
(LWRP Policy 10).
(11)
Protect sustainable use of living marine resources in the Town
of Hamburg (LWRP Policy 11).
(12)
Protect existing agricultural lands (LWRP Policy 12).
(13)
Promote appropriate use and development of energy and mineral
resources (LWRP Policy 13).
No action within the Town's waterfront area which is subject
to review under this article shall proceed until a written determination
has been issued from a Town agency that the action is consistent with
the Town's LWRP policy standards. In the event that an activity
is being performed in violation of this article or any conditions
imposed thereby, the Town Code Enforcement Officer shall issue a stop-work
order and all work must immediately cease. No further work or activity
shall be undertaken on the project so long as a stop-work order is
in effect. The Town Attorney, Code Enforcement Officer and Police
Department shall be responsible for enforcing this article.
A.
A person who violates any of the provisions of, or who fails to comply
with any condition imposed by, this article shall have committed a
violation punishable by a fine not exceeding $350 for a conviction
of a first offense and punishable by a fine of $2,000 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 article. Any
civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty. The Town may also enforce this article by
injunction or other civil proceeding.
This article shall supersede and repeal any previous local regulations
regarding consistency with LWRP. This article 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.
The provisions of this article are severable. If any provision
of this article is found invalid, such finding shall not affect the
validity of this article as a whole or any part or provision hereof
other than the provision so found to be invalid.
