[HISTORY: Adopted by the Town Board of the
Town of Greece 7-18-2000 by L.L. No. 5-2000. Amendments noted where
applicable.]
This chapter will be known as the “Town
of Greece Waterfront Consistency Review Law.”
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 Greece to consider the policies and purposes
contained in the Town of Greece Local Waterfront Revitalization Program
when reviewing applications for actions or direct agency actions located
in Greece's coastal areas and to assure that such actions and direct
actions are consistent with said policies and purposes.
C.
It is the intention of the Town of Greece that the
preservation, enhancement, and utilization of the natural and man-made
resources of the unique waterfront areas of Greece 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 and attract the traveling public.
D.
The substantive provisions of this chapter shall only
apply while there is in existence a Town of Greece 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 Article 8 (the State Environmental Quality Review Act) of the New
York State Environmental Conservation Law and 6 NYCRR Part 617 et
seq., the implementing regulations therefor (the "SEQRA regulations"),
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;
Any proposed action within the Town's Local
Waterfront Revitalization Area that requires site plan review and
approval by the Town of Greece; and
Any combination of the above.
This chapter does not apply to Type II actions
as defined in the SEQRA regulations.
Any board, agency, department, office, other body, or officer
of the Town of Greece.
That portion of New York State coastal waters and adjacent
shore lands as defined in Article 42 of the Executive Law which is
located within the boundaries of the Town of Greece, as shown on the
Coastal Area Map on file in the office of the Secretary of State and
as delineated in the Town of Greece Local Waterfront Revitalization
Program.
The form used by an agency to assist it in determining the
consistency of an action with the Town of Greece Local Waterfront
Revitalization Program.
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,
including but not limited to a capital project, rule making, procedure
making, and policy making.
The Local Waterfront Revitalization Program of the Town of
Greece, 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
of Greece Town Clerk.
The Planning Board of the Town of Greece.
The Planning Board is authorized to review and
make recommendations to appropriate agencies regarding the consistency
of proposed actions with the Town of Greece Local Waterfront Revitalization
Program policy standards and conditions.
A.
Whenever a proposed action is located within the Town's coastal areas, an agency shall, prior to undertaking, funding or approving the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection J herein.
B.
Each agency of the Town shall be responsible for making
its own consistency determinations.
C.
Where more than one local agency is involved in reviewing a proposed action, the lead agency (as that term is defined in the SEQRA regulations) shall be responsible for making the determination that the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection J herein.
D.
The consistency determination process required by
this chapter shall be coordinated with the environmental review process
set forth in the SEQRA regulations to the greatest extent possible.
E.
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 with the consistency review of the
proposed action.
F.
The agency shall refer a copy of the completed CAF
to the Planning Board within 10 days of its submission and, prior
to making its determination, shall consider the recommendation of
the Planning Board with reference to the consistency of the proposed
action with the Town's Local Waterfront Revitalization Program.
G.
After referral from an agency, the Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions 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 to its consistency review and recommendation.
H.
The Planning Board shall render its written recommendation
to the agency within 30 days following referral of the CAF from the
agency, unless extended by mutual agreement of the Planning Board
and the applicant or, in the case of direct action, the agency. The
recommendation shall indicate whether, in the opinion of the 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 for its opinion.
(1)
The 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. When formulating its recommendation,
the Planning Board may solicit comments from interested individuals
and organizations.
(2)
In the event that the Planning Board's recommendation
is not forthcoming within the specified time, the referring agency
shall make its decision without the benefit of the Planning Board's
recommendation.
I.
The agency shall make the determination of consistency
based on the CAP, SEQRA documents, the application and project documentation,
the Planning Board recommendation and relevant recommendations from
other agencies, comments from interested individuals and organizations
and such other information as is deemed to be necessary in its determination.
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.
J.
Actions to be undertaken within the Town of Greece
coastal areas 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 Section III of the Town
of Greece LWRP, a copy of which is on file in the Town Clerk's office
and available for inspection during normal business hours. Agencies
that undertake direct actions 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 the deteriorated and underutilized waterfront
areas of the Town of Greece (Policy 1).
(2)
Facilitate the siting of water-dependent uses and
facilities on or adjacent to the coastal waters of the Town of Greece
(Policy 2).
(3)
Strengthen the economic base of smaller harbor areas
by encouraging the development and enhancement of those traditional
uses and activities that provided such areas with their unique maritime
identity (Policy 4).
(4)
Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards
(Policy 5).
(5)
Expedite local permit procedures within the waterfront
area (Policy 6).
(6)
Protect, preserve and, where practicable, restore
significant and locally important fish and wildlife habitats so as
to maintain their viability as habitats and prevent human disruption
and chemical contamination (Policies 7 and 8).
(7)
Encourage and expand recreational fishing facilities
to promote recreational fishing opportunities (Policy 9).
(8)
Minimize flooding and erosion hazards through nonstructural
means; carefully selected, long-term structural measures; and appropriate
siting of structures (Policies 11, 12, 13, 14 and 17).
(9)
Safeguard economic, social, and environmental interests
in the coastal areas when major actions are undertaken (Policy 18).
(10)
Maintain and improve public access to the shoreline
and the water-related recreational facilities while protecting the
environment (Policies 19, 20, 21 and 22).
(11)
Protect and restore historic and archaeological
resources (Policy 23).
(12)
Protect and upgrade scenic resources (Policy
25).
(13)
Site and construct energy facilities in a manner
that will be compatible with the environment and the need for a waterfront
or water location (Policy 27).
(14)
Protect surface and ground waters from direct
and indirect discharge of pollutants and from overuse (Policies 30,
31, 33, 34, 35, 36, 37, 38, 39, 40 and 44).
(15)
Maintain the air quality of the coastal areas
(Policies 41, 42 and 43).
(16)
Perform dredging and dredge spoil disposal in
a manner protective of natural resources (Policies 15 and 35).
(17)
Handle and dispose of solid and hazardous wastes
and effluents in a manner that will not adversely affect the environment
or expand existing landfills (Policies 34, 35, 36 and 39).
K.
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 that
will minimize all adverse effects of such LWRP policy standards and
conditions;
(c)
The action will advance one or more of the other
LWRP policy standards and conditions; 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.
L.
Each agency shall maintain a file for each action
made the subject of a consistency determination, including any recommendation
received from the Planning Board. Such files shall be made available
for public inspection upon request.
The Director of Technical Services (or his designee)
shall be responsible for enforcing this chapter. No work or activity
on a project in the coastal areas which is subject to review under
this chapter shall be commenced or undertaken unless and until the
Director of Technical Services 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 Director of Technical Services 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 conditions imposed by, this chapter shall
have committed a violation. For the purpose of conferring jurisdiction
upon courts and judicial officers, each week of continuing violation
shall constitute a separate additional offense.
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 Town may also enforce this chapter by
injunction or other civil proceeding.
