Town of Pittsford, NY Article XIVA Local Waterfront Overlay District

§ 185-78.1 Establishment of district.

A. The purpose of the Local Waterfront Overlay District (LWOD) is to provide special controls to guide land use and development within the waterfront areas of the Town. The regulations are designed to protect the sensitive waterfront areas and to maintain consistent land use with the Town and Village of Pittsford's Local Waterfront Revitalization Program (LWRP). The LWOD regulations are not intended to be substituted for other zoning district provisions. The overlay district is superimposed on the principal zoning district provisions and should be considered as additional requirements to be met in establishing a use within the respective principal zoning district.

B. Pursuant to § 185-5, the Official Zoning Map is amended and revised to establish and include the Local Waterfront Overlay District.

§ 185-78.2 Permitted uses.

A. Those uses otherwise permitted in the underlying districts shall be permitted in accordance with the regulations applicable thereto.

B. In addition to any other provisions of this chapter applying to them, lots, lands and structures in the Local Waterfront Overlay District shall be subject to the policy standards, conditions and design guidelines contained in the Town and Village of Pittsford's Local Waterfront Revitalization Program as such document may be amended from time to time, as well as the provisions of this article.

§ 185-78.3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ACTIONS

A. Either Type I or unlisted actions as defined in the State Environmental Quality Review Act (SEQRA) regulations (6 NYCRR Part 617) which are undertaken by an agency and which may include:

(1) 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:

(a) Are directly undertaken by an agency; or

(b) Involve funding by an agency; or

(c) Require one or more new or modified approvals from an agency or agencies;

(2) Agency, planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions;

(3) Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment;

(4) Any proposed action within the Town's jurisdiction relative to the Local Waterfront Revitalization Program - Town and Village of Pittsford boundary that requires site plan review and approval by the Town of Pittsford Planning Board; or

(5) Any combination of the above.

B. This article does not apply to Type II, excluded or exempt actions as defined in the State Environmental Quality Review Act (SEQRA) regulations (6 NYCRR Part 617).

AGENCY

Any board, agency, department, office, other body, or officer of the Town.

COASTAL AREA

That portion of the New York State coastal waters and adjacent shorelands as defined in Article 42 of the Executive Law of the State of New York which is located within the boundaries of the Town, as shown on the Coastal Area Map on file in the office of the New York State Secretary of State and as delineated in the Local Waterfront Revitalization Program - Town and Village of Pittsford.

COASTAL ASSESSMENT FORM

The form used by an agency to assist it in determining the consistency of an action within the limits of the Local Waterfront Revitalization Program - Town and Village of Pittsford.

CONSISTENT

That an action will fully comply with the policy standards and conditions contained in Section III of the LWRP and, whenever practicable, advance one or more of them and will consider the design guidelines contained in Section V of the LWRP.

DIRECT ACTIONS

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 - Town and Village of Pittsford, approved by the New York State 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.

PLANNING BOARD

The Planning Board of the Town of Pittsford.

§ 185-78.4 Authority of Planning Board.

The Planning Board is hereby authorized to review and make all determinations regarding the consistency of proposed actions with the Local Waterfront Revitalization Program - Town and Village of Pittsford policy standards and conditions and the LWRP design guidelines.

§ 185-78.5 Review of actions.

A. Whenever a proposed action is located, in whole or in part, within the LWOD, an agency shall, prior to approving, funding or undertaking the action, refer to and receive a determination from the Planning Board that the action is consistent with the LWRP policy standards and conditions set forth in Subsection J herein (unless a determination from the Planning Board is not forthcoming as stipulated in Subsection G).

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 whole or in part in the LWOD, the applicant or, in the case of a direct action, the agency shall prepare a CAF to assist with the consistency review of the proposed action.

C. The agency shall refer a copy of the completed CAF to the Planning Board for review within 10 days of its submission.

D. After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions as set forth in Subsection J herein. The Planning Board shall require the applicant to submit all completed applications, CAFs and any other information deemed necessary for its consistency review and determination.

E. The Planning Board shall render its determination, in writing, to the agency within 30 days following referral of the CAF from the agency, unless extended by the mutual agreement of the Planning Board and the applicant or, in the case of a direct action, the agency. The consistency determination shall indicate whether, in the opinion of the Planning Board, the proposed action is inconsistent with one or more of the LWRP policy standards and conditions or design guidelines and shall elaborate, in writing, the basis for its determination.

F. The Planning Board shall, along with its consistency determination, make any suggestions to the agency concerning modification of the proposed action to make it consistent with the LWRP policy standards and conditions and design guidelines or to greater advance them.

G. In the event that the Planning Board's consistency determination is not forthcoming within the specified time, the referring agency shall provide written notification to the Planning Board regarding assumption of the consistency review and make its own consistency decision without the benefit of the Planning Board's determination.

H. The Planning Board (or agency, in a case when the Planning Board's determination is not forthcoming within the time period specified in Subsection E) shall make the determination of consistency based on the CAF and such other information as deemed necessary to make its determination.

I. The Planning Board (or agency, in a case when the Planning Board's determination is not forthcoming within the time period specified in Subsection E) 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.

J. Actions to be undertaken within the LWOD shall be evaluated for consistency with the following policy standards and conditions and design guidelines, which are derived from and further explained and described in Sections III and V of the Local Waterfront Revitalization Program - Town and Village of Pittsford. Agencies that undertake direct actions shall also consult Section IV of the LWRP in making their consistency determination. The action shall be consistent with the policy to:

(1) Foster a pattern of development in the LWRP area that incorporates the design guidelines contained in Section V of the LWRP and which enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of the waterfront location, and minimizes the adverse effects of development (LWRP Policy 1).

(2) Take advantage of the community's location on the canal to provide amenities for residents and visitors; and guide future development so that it complements, not competes with or detracts from, the historic village.

(3) Protect water-dependent uses, promote siting of new water-dependent uses in suitable locations and support efficient harbor operation (LWRP Policy 2).

(4) Protect existing agricultural lands within the LWRP area (LWRP Policy 3).

(5) Promote sustainable uses of living marine resources in coastal waters (LWRP Policy 4).

(6) Protect and restore ecological resources, including significant fish and wildlife habitats, wetlands, and rare ecological communities (LWRP Policy 5).

(7) Protect and improve water resources (LWRP Policy 6).

(8) Minimize loss of life, structures, and natural resources from flooding and erosion (LWRP Policy 7).

(9) Protect and improve air quality in the LWRP area (LWRP Policy 8).

(10) Minimize environmental degradation in the LWRP area from solid waste and hazardous substances (LWRP Policy 10).

(11) Provide for public access to, and recreational use of, the coastal waters, public lands, and public resources of the LWRP area (LWRP Policy 11).

(12) Enhance visual quality and protect outstanding scenic resources (LWRP Policy 12).

(13) Preserve historic resources of the LWRP area (LWRP Policy 13).

(14) All actions must conform to the State Environmental Quality Review Act (SEQRA) regulations (6 NYCRR Part 617).

(15) All actions must adhere to Town protective measures for environmental resource preservation (the Pittsford Environmental Guidebook and the Greenprint for Pittsford's Future).

(16) Perform dredging and disposal of dredge spoil materials in a manner that is protective of natural resources.

K. Written finding by Planning Board.

(1) If the Planning Board (or agency, in a case when the Planning Board's determination is not forthcoming within the time period specified in Subsection E), determines that the action would not be consistent with one or more of the LWRP policy standards and conditions and design guidelines, such action shall not be undertaken unless the Planning Board or 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 that will not substantially hinder the achievement of such LWRP policy standards and conditions and design guidelines;

(b) The action would be undertaken in a manner that will minimize all adverse effects on such LWRP policy standards and conditions and design guidelines;

(c) The action will advance one or more of the other LWRP policy standards and conditions and design guidelines; and

(d) The action will result in an overriding Town, regional or statewide public benefit.

(2) Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions and design guidelines.

L. The Planning Board and, if applicable, each agency shall maintain a file for each action made the subject of a consistency determination. Such files shall be made available for public inspection upon request.

§ 185-78.6 Enforcement; stop-work orders.

The Commissioner of Public Works shall be responsible for the enforcement of this article. No work or activity on any project in the LWOD which is subject to review under this article shall be commenced or undertaken until the Commissioner of Public Works has been presented with a written determination from the Planning Board or agency that the action is consistent with the LWRP policy standards and conditions and design guidelines. In the event that an activity is not being performed in accordance with this article or any conditions imposed thereunder, the Commissioner of Public Works 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 the stop-work order is in effect.