[HISTORY: Adopted by the Town Board of the Town of Lloyd 5-13-1994 as L.L. No. 1-1994. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A. Either Type I or unlisted actions as defined in SEQRA regulations (6 NYCRR 617.2) which are undertaken by an agency and which include the following:
- (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 are directly undertaken by an agency, or involve funding by an agency or require one or more new or modified approvals from an agency or agencies;
- (2) Agency planning and policymaking 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; and
- (4) Any combinations of the above.
- B. This chapter does not apply to Type II, excluded or exempt actions as defined in the SEQRA regulations 6 NYCRR Part 617.
- Any board, agency, department, office or other body or officer of the Town of Lloyd.
- COASTAL AREA
- That portion of New York State coastal waters and adjacent shorelands, as defined in Article 42 of the Executive Law, which is located within the boundaries of the Town of Lloyd, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Town of Lloyd Local Waterfront Revitalization Program.
- COASTAL ASSESSMENT FORM (CAF)
- The form used by an agency to assist it in determining the consistency of an action with the 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.
- DIRECT ACTIONS
- Actions planned and proposed for implementation by an agency, such as but not limited to a capital project, rulemaking, procedure making and policymaking.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program of the Town of Lloyd, 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 Clerk of the Town of Lloyd.
- PLANNING BOARD
- The Planning Board of the Town of Lloyd.
Whenever a proposed action is located in the Town's Coastal Area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth herein.
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 the consistency of the proposed action.
The agency shall refer a copy of the completed CAF to the Town of Lloyd 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.
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 I(7) herein. The Planning Board shall require the applicant to submit all completed applications, CAF's and any other information deemed to be necessary to its consistency recommendations.
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.
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.
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.
The agency shall make the determination of the consistency based on the CAF, the Planning Board recommendation and such other information as is deemed to be necessary in its determination. The agency shall issue its determination within 30 days following receipt of the Planning Board's recommendation and submission by the application to any additional required information. 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.
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 3 of the Town of Lloyd 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 shall consult with Section IV of the LWRP in making their consistency determination. The action shall be consistent with the following policies to:
Revitalize the deteriorated and underutilized waterfront areas of Lloyd (Policies 1, 1A, 1B and 1D).
Retain and promote commercial and recreational water-dependent uses (Policy 2).
Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards (Policy 5).
Expedite local permit procedures and use performance standards for development within the waterfront area (Policies 6 and 6A).
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7a, 8 and 8A).
Encourage and expand commercial fishing facilities to promote commercial and recreational fishing opportunities (Policies 9, 9A, 9B, 10 and 10A).
Minimize flooding and erosion hazards through nonstructural means, carefully selected, long-term structural measures and appropriate siting of structures (Policies 11, 12, 13, 13A, 14, 14A, 15, 16, 17 and 17A).
Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken (Policies 18 and 18A).
Maintain and improve public access to the shoreline and the water-related recreational facilities while protecting the environment (Policies 1, 1A, 1B, 1C, 1D, 2, 9, 9A, 9B, 19, 19A, 19B, 20, 20A, 20B, 21, 21A, 21B, 21C, 22, 22A and 22B).
Protect and restore historic and archaeological resources (Policies 23 and 23A).
Protect and upgrade scenic resources (Policies 24, 25 and 25A).
Conserve and protect agricultural lands (Policy 26).
Site and construct energy facilities in a manner in which will be compatible with the environment and contingent upon the need for a waterfront or water location (Policies 27, 30, 31, 35, 35A, 36, 38, 39, 40, 41, 42, 43 and 44).
Prevent ice management practices which could damage significant fish and wildlife and their habitat (Policy 28).
Protect surface and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 33, 34, 35, 35A, 36, 37, 38, 39, 40 and 44).
Perform dredging and dredge spoil in a manner protective of natural resources (Policies 15, 35 and 35A).
Handle and dispose of solid and hazardous wastes and effluents in a manner which will not adversely affect the environment (Policies 34, 36, 39 and 39A).
Protect air quality (Policies 41, 42 and 43).
Protect freshwater wetland (Policy 44).
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:
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.
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions.
The action will advance one or more of the other LWRP policy standards and conditions.
The action will result in an overriding village, regional or statewide public benefit.
Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.
Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Planning Board. Such files shall be made available for public inspection upon request.
The Town Zoning Code Enforcement Officer shall be responsible for enforcing this chapter. No work or activity on a project in the Coastal Area which is subject to review under this chapter shall be commenced or undertaken until the Zoning Code Enforcement Officer 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 the chapter or any conditions imposed thereunder, the Zoning 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.
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, punishable by a fine not exceed $500 for a conviction of a first offense and punishable by a fine of $1,000 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 offense.
The Town Zoning Code Enforcement Officer, in the name of the Town of Lloyd, is authorized to retain an attorney and is directed to institute any and all actions and proceedings necessary to enforce this chapter. The Zoning Code Enforcement Officer may bring actions for civil penalties and may sue for the same in any court having jurisdiction, specifically in the Town of Lloyd Justice Court for a civil penalty which may amount to $100 per day for the time that the violation exists. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty, but may be brought even if no criminal violation is prosecuted. The Zoning Code Enforcement Officer shall have the choice as to whether to commence a criminal violation under Subsection A above, or an action of civil penalty under this subsection.