[HISTORY: Adopted by the Town Board of the
Town of Tonawanda 4-19-1993 by L.L. No. 2-1993. Amendments noted where
applicable.]
This Local Waterfront Revitalization Program
(LWRP) Consistency Law for the Town of Tonawanda requires all Type
I and unlisted actions [as defined by the State Environmental Quality
Review Act (SEQRA) implementing regulations] that would be directly
undertaken, approved or funded by the town to be reviewed by the Town
Board for consistency with the Town of Tonawanda LWRP. This chapter
further prohibits such actions from being carried out unless the Town
Board finds and certifies that the action is consistent with the policies
and purposes of the LWRP. This applies equally to actions involving
the Town Board and town agencies. By adoption of this chapter, the
Town Board is legally committing itself and its agents to comply with
the provisions of the LWRP.
This chapter shall be known and may be cited
as the "Town of Tonawanda LWRP Consistency Law."
The purpose of this chapter is to provide for
the protection and beneficial use of the natural and man-made resources
within the Town of Tonawanda coastal area by ensuring that actions
to be undertaken, approved or funded by town agencies within the town's
coastal area will be undertaken in a manner consistent with the policies
and purposes of the Town of Tonawanda Local Waterfront Revitalization
Program.
This chapter is adopted under the authority
of the Municipal Home Rule Law and the Waterfront Revitalization and
Coastal Resources Act of the State of New York (Article 42 of the
Executive Law).
All agencies of the Town of Tonawanda must comply
with this chapter prior to directly undertaking, approving or funding
any action within the coastal area when such action is classified
as Type I or unlisted under Part 617 of Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York.
As used in this chapter, the following terms
shall have the meanings indicated:
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
which:
Agency planning and policy making activities
that may affect the environment and commit the agency to a course
of future conduct or decisions.
Adoption of agency rules, regulations and procedures,
including local laws, codes, ordinances, executive orders and resolutions
that may affect the environment.
Any combinations of the above.
Any board, agency, department, office, other body or official
or officer of the Town of Tonawanda.
Any person making an application or other request to an agency
to provide funding or to grant an approval or a permit in connection
with a proposed action.
The New York State coastal waters and adjacent shorelines,
as defined in Article 42 of the Executive Law, which are located within
the boundaries of the Town of Tonawanda as shown on the coastal area
map on file in the Office of the Secretary of State and as delineated
in the Town of Tonawanda LWRP.
That the action will fully comply with and not hinder any
of the Town of Tonawanda LWRP standards and conditions and, whenever
practicable, will advance one or more of such policies.
An action planned and proposed for implementation by an agency
or the town. Direct actions include but are not limited to capital
projects, promulgation of agency rules, regulations, local laws, codes
or ordinances and policy making which commits an agency to a course
of action.
The long form appearing at 6 NYCRR Part 617 used by an agency
to assist it in determining the environmental significance or nonsignificance
of actions. A properly completed EAF shall contain enough information
to describe the proposed action, its location, its purpose and its
potential impacts on the environment.
A written document prepared in accordance with 6 NYCRR Part
617. An environmental impact statement may either be draft or final
form. A draft EIS is the initial statement prepared by either the
applicant or the lead agency and circulated for review and comment.
A generic EIS may also be prepared in accordance with 6 NYCRR Part
617.
Any financial support given by an agency, including contracts,
grants, subsidies, loans or other forms of direct or indirect financial
assistance in connection with the proposed action.
The local waterfront revitalization program of the Town of
Tonawanda as approved by the Secretary of State pursuant to the Waterfront
Revitalization and Coastal Resources Act (Executive Law Article 42),
a copy of which is on file in the office of the Town Clerk of the
Town of Tonawanda.
Permit, lease, license, certificate or other entitlement
for use or permission to act that may be granted or issued by an agency.
Any agency, individual, corporation, government entity, partnership,
association, trustee or other legal entity.
Article 8 of the Environmental Conservation Law of the State
of New York.
6 NYCRR Part 617.
The Town of Tonawanda.
The Town Board of the Town of Tonawanda.
Shall include all those actions listed in 6 NYCRR Part 617
and any critical areas of environmental concern as the Town Board
shall have designated pursuant to the authority and procedure of 6
NYCRR Part 617.
Shall include all those listed in 6 NYCRR Part 617, except
as otherwise noted in this chapter.
All actions not listed as a Type I or Type II Action and
not an exempt or excluded action as those terms are defined in 6 NYCRR
Part 617.
The form used by the Town Board to assist it in determining
the consistency of an action with the LWRP.
The Town Board or a town agency, when proposing
to undertake, approve or fund a Type I or unlisted action within the
coastal area, shall prepare or cause to be prepared a Waterfront Assessment
Form (WAF) for the proposed action.
[Amended 4-7-2008 by L.L. No. 2-2008]
A.
The Town Board is authorized to review and make determinations regarding the consistency of proposed actions with the LWRP policy standards and conditions set forth in Subsection F of this section. Whenever a proposed action is located in the Town's coastal area, the Town Board shall make a written determination of consistency in accordance with the LWRP policy standards and conditions. No agency shall undertake, approve or fund any Type I action or unlisted action in the coastal area without first obtaining this determination. No action which is reviewed under this section shall be undertaken until a determination of consistency has been made by the Town Board.
B.
Whenever an agency receives an application for approval
or funding of an action to be located within the coastal area, the
applicant shall prepare a Waterfront Assessment Form (WAF) to assist
the Town Board with its consistency review. The agency shall refer
a copy of the completed WAF and all accompanying maps, plans and application
to the Town Board within 10 days of its submission for the determination
of consistency
C.
As early as possible in an agency's formulation of
a direct action which is proposed to be located within the coastal
area, the agency shall prepare a Waterfront Assessment Form (WAF)
to assist the Town Board with the consistency review.
D.
After receipt of a completed WAF and all documentation the Town agency or the Town Board requires for an action, the Town Board shall determine whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection F of this section. The Town Board or the appropriate Town agency shall require the applicant to submit any completed applications, EAFs and any other information deemed to be necessary to its consistency determination.
E.
The Town Board shall render its written determination
and reasons therefor within 30 days following the referral of the
WAF and all required documentation from the application or the Town
agency, unless either an EIS is being prepared or is under review
in accordance with the requirements of 6 NYCRR Part 617, or the time
period is extended by the Town Board for good cause. The time period
for a Town Board determination of consistency shall be suspended pending
receipt by the Town Board of any EIS and any explicit findings related
to a proposed project as may be required pursuant to SEQRA. The Town
Board shall have the authority in its findings of consistency to impose
practicable and reasonable conditions on any action to insure that
it is carried out in accordance with this chapter.
F.
Actions to be undertaken within the coastal 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 Section II of the Town of Tonawanda LWRP,
a copy of which is on file in the Town Clerk's office and available
for inspection during normal business hours. Actions which are directly
undertaken shall also be evaluated for consistency with Section IV
of the LWRP. The action shall be consistent with the policy to:
(1)
Revitalize and redevelop deteriorating industrial
and commercial structures (Policies 1, 1A and 1B).
(2)
Retain and promote water-dependent uses (Policies
1A and 2).
(3)
Ensure that development occurs where adequate public
infrastructure is available to reduce health or pollution hazards
(Policy 5).
(4)
Protect significant fish and wildlife habitats from
human disruption and chemical contamination (Policies 7 and 8).
(5)
Maintain and expand fish populations for recreational
use (Policies 9 and 9A).
(6)
Minimize flooding and erosion hazards through nonstructural
means and carefully selected long-term structural measures (Policies
11, 11A, 12, 12A, 13, 13A, 14, 15, 16, 17 and 17A).
(7)
Maintain and improve public access to the shoreline
and to water-related recreational facilities while protecting the
environment (Policies 19, 19A, 19B, 20, 20A, 21, 21A, 21B, 22, 22A,
22B, 22C and 22D).
(8)
Protect and restore archaeological resources (Policies
23 and 23A).
(9)
Protect and upgrade scenic resources (Policies 25,
25A and 25B).
(10)
Operate existing power plants in an environmentally
sound manner and expand them only if compatible with public energy
needs, the environment and waterfront (Policy 27 and 27A).
(11)
Undertake ice management practices in a manner
that protects habitats and prevents shoreline erosion and does not
interfere with hydroelectric production (Policies 7, 28 and 28A).
(12)
Protect surface and groundwaters from direct
and indirect discharge of pollutants and from other overuse (Policies
30, 31, 33, 34, 36, 37 and 38).
(13)
Perform dredging and dredge soil disposal in
a manner protective of natural resources (Policies 15 and 35).
(14)
Eliminate non-water-dependent handling of petroleum
and hazardous materials from the waterfront (Policy 36).
(15)
Handle and dispose of hazardous waste in a manner
which will not adversely affect the environment or expand existing
landfills (Policies 39 and 39A).
(16)
Discharge of effluent from energy or industrial
facilities shall not be unduly injurious to fish and wildlife and
shall conform to state water quality standards (Policies 40 and 40A).
(17)
Protect air quality (Policies 41, 41A, 42 and
43).
(18)
Protect freshwater wetlands (Policies 44 and
44A).
G.
Determinations.
(1)
If the Town Board 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 Town Board
determines 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 which
would minimize all adverse effects on such LWRP policy standards and
conditions to the maximum extent practicable;
(c)
The action will advance one or more of the other
LWRP policy standards and conditions; and
(d)
The action will result in overriding town, regional
or statewide public benefit.
(2)
Such finding shall constitute a determination that
the action is consistent with the LWRP policy standards and conditions.
H.
The Town Board shall maintain a file for each action
made the subject of the consistency determination and shall include
in that file any findings made pursuant to this chapter. Such files
may be made available for public inspection upon a properly completed
freedom of information request.
[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer and his designees
shall be responsible for enforcing this chapter. No work or activity
on a project within the coastal area which is subject to review under
this chapter shall be commenced or undertaken until the Building Department
has been presented with a written determination from an applicant
or agency that the action is consistent with the town's LWRP policy
standards and conditions. In the event that work or any 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 a project so long as a stop order is in effect.
A.
Penalties for offenses.
(1)
Any person convicted of a violation of this chapter
shall be deemed to have committed a violation and shall be subject
to a fine not exceeding $250 or to imprisonment for a period not exceeding
15 days.
(2)
Any person taking part in or assisting in any violation
of this chapter shall also be subject to the penalties herein.
(3)
Each day that a violation of this chapter is committed
or is permitted to exist shall constitute a separate offense.
B.
Violations.
(1)
The Town Attorney is authorized and directed to institute
any and all actions and proceedings necessary to enforce this chapter.
The Town Attorney is also authorized to seek damages and any civil
penalties in any civil action, and such penalties shall be in addition
to and not in lieu of any criminal prosecution and penalty.
(2)
In the event of any actual or pending violation of
this chapter, the Town Attorney may, in addition to other remedies,
institute any appropriate action or proceedings to prevent, restrain,
correct or abate such violation.
(3)
In addition to other remedies provided by law, any
appropriate action or proceeding, whether by legal process or otherwise,
may be instituted or taken to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use,
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises.
(4)
In addition to any fine or penalty imposed, the defendant
shall pay all costs and expenses incurred by the town in determining
such violation.
