[HISTORY: Adopted by the Town Board of the Town of Somerset 2-8-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
This chapter will be known as the "Town of Somerset Waterfront
Consistency 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 the agencies
of the Town of Somerset to consider the policies and purposes contained
in the Local Waterfront Revitalization Program when reviewing applications
for private actions or direct agency actions which are located in
the waterfront area and to ensure that such actions are consistent
with said policies and purposes.
C.
It is the intention of the Town of Somerset 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 natural resources and the
need to accommodate 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; adverse impacts to historic structures; 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.
D.
The substantive provisions of this chapter shall only apply while
there is in existence a 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 chapter, the following terms shall have the
meanings indicated:
Either Type I or unlisted actions, as defined by the SEQRA
regulations (6 NYCRR 617.2), which are undertaken by an applicant
or agency and that 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.
The Town Board, Town Planning Board or Town Zoning Board
of Appeals reviewing the action.
The Building Inspector and/or Code Enforcement Officer of
the Town of Somerset.
That the action will fully comply with the LWRP policy standards
and conditions.
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 Local Waterfront Revitalization Program of the Town of
Somerset, 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 Somerset.
The waterfront revitalization area delineated in the Town's
Local Waterfront Revitalization Program.
The form used by the Town of Somerset to assist it in determining
the consistency of an action with the Local Waterfront Revitalization
Program.
A.
Whenever an action is proposed to be approved, funded or undertaken
in the Town's waterfront area, a waterfront assessment form (WAF)
shall be prepared by either the applicant or, if the action is proposed
by the Town Board, then the WAF shall be prepared by the Town Board.
Applicants shall file the WAF with the appropriate municipal agency.
The Town Board shall file the WAF with the Town Clerk.
B.
All actions undertaken within the waterfront area shall be evaluated
by the appropriate municipal agency for consistency in accordance
with the LWRP policy standards and conditions, as set forth in Section
III of the Town of Somerset Local Waterfront Lakefront Revitalization
Program, a copy of which is on file in the Town Clerk's office.
In the case of direct actions, the municipal agency shall also consult
Section IV of the LWRP when making its consistency determination.
C.
As appropriate, an action shall be consistent with the following
policies:
(1)
Foster a pattern of development in the Town of Somerset that enhances
community character, preserves open space, makes efficient use of
the infrastructure, makes beneficial use of a waterfront locations,
and minimizes potential adverse impacts of development.
(2)
Protect existing water-dependent uses in the Town of Somerset and
promote the siting of new water-dependent uses in suitable locations.
(3)
Protect existing agricultural lands.
(4)
Promote the sustainable use of living marine resources in the Town
of Somerset.
(5)
Protect and restore ecological resources, including significant fish
and wildlife habitats, wetlands and rare ecological communities.
(6)
Protect and improve water resources.
(7)
Minimize loss of life, structures and natural resources from flooding
and erosion.
(8)
Protect and improve air quality.
(9)
Promote appropriate use of energy resources.
(10)
Minimize environmental degradation from solid waste and hazardous
substances and wastes.
(11)
Improve public access to the waterfront and the use of public
lands.
(12)
Enhance visual quality and protect outstanding scenic resources.
(13)
Preserve and protect historic resources.
D.
Findings of determination.
(1)
After reviewing these policy considerations, the municipal agency
shall make written findings of determination relating to the policies,
as well as an appropriate SEQRA determination, prior to making a final
determination on the action. If it is determined that the action would
not be consistent with one or more of the LWRP policy standards and
conditions, such action shall not be undertaken, funded or approved,
as proposed, unless the municipal agency finds that:
(a)
No reasonable alternatives exist that would permit the action
to be undertaken in a manner that would not substantially hinder the
achievement of such LWRP policy standards and conditions;
(b)
The action would be undertaken in a manner that would minimize
all adverse effects on 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.
E.
The Town shall maintain a file for each action made the subject of
a consistency determination. Such files shall be kept in the office
of the Town Clerk and made available for public inspection upon request.
A.
The Town Code Enforcement Officer shall be responsible for enforcing
this chapter. No work or activity on a project in the waterfront area
that is subject to review under this chapter shall be commenced or
undertaken until the Code Enforcement Officer has issued or been presented
with a written determination from a municipal agency that the action
is consistent with the Town of Somerset LWRP policy standards and
conditions.
B.
In the event that any construction, action or other activity is being
performed in violation of this chapter or any conditions imposed hereunder,
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.
Posting of a stop-work order at any work site or delivery to any individual
shall constitute issuance. Issuance of a stop-work order shall not
be a prerequisite to prosecution for violating this chapter.
A.
Noncompliance with any of the provisions of this chapter shall constitute
a violation, punishable by a fine not exceeding $350 or imprisonment
for a period not exceeding six months, or both, for a conviction of
a first offense. For the purpose of conferring jurisdiction upon courts
and judicial officers, each week of continuing violation shall constitute
a separate violation.
B.
This chapter may be enforced by civil action, and any violation thereof
may be enjoined by a court or competent jurisdiction.
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.
