[HISTORY: Adopted by the Town Board of the Town of Grand Island 8-1-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
This chapter shall be known as the "Town of Grand Island Waterfront Consistency Review Law."
This chapter is adopted under the authority of the Municipal Home Rule Law § 10 and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law of the State of New York or the "Executive Law").
The purpose of this chapter is to provide a framework for agencies of the Town of Grand Island (the "Town") to consider the policies and purposes contained in the Local Waterfront Revitalization Program when reviewing applications for actions (as defined below) located in the coastal area; and to assure that such actions are consistent with the policies and purposes of the law.
It is the intention of the Town of Grand Island that the preservation, enhancement, and utilization of the natural and cultural resources of the coastal area of the Town take place in a coordinated comprehensive manner to ensure a proper balance between the preservation of natural resources and the need to accommodate population growth and economic development. This chapter is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing: loss of fish and wildlife and their habitats; diminution of open space areas or public access to the waterfront; erosion of shoreline; impairment of scenic beauty; damages associated with flooding, erosion and sedimentation; or permanent adverse changes to ecological systems.
The substantive provisions of this chapter shall apply when there is in existence a Town 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:
- A. Either Type I or unlisted actions as defined in the State Environmental Quality Review Act's ("SEQRA"; Article 8 of the Environmental Conservation Law of the State of New York) implementing regulations (Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York or "6 NYCRR Part 617") that are undertaken by an agency, which 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:
- (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; and
- (4) Any combinations of the above.
- B. This law 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, other body, or officer of the Town of Grand Island.
- 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 Grand Island, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Town of Grand Island 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, rule-making, procedure making and policy-making.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The Local Waterfront Revitalization Program of the Town of Grand Island, 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 Grand Island.
- PLANNING BOARD
- The Planning Board of the Town of Grand Island.
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 in Subsection G 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 with the consistency review.
The agency shall refer a copy of the completed CAF to the Town of Grand Island Planning Board within 10 days of its submission; prior to making its determination, the agency 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 G herein. The Planning Board shall require the applicant to submit all completed applications, CAFs and any other information deemed to be necessary to its consistency recommendation.
Issuance of Planning Board recommendation.
The Planning Board shall render its written recommendation to the agency within 30 days following referral of the CAF form of the agency, unless extended by mutual agreement of the Planning Board and the applicant, or in the case of a 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 on 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 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 consistency based on the CAF, the Planning Board recommendation, and such other information as is deemed to be necessary for its determination. Title agency shall issue its determination within 30 days following the receipt of the Planning Board's recommendation and submission by the applicant of 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 the LWRP.
Actions 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 in Section III of the Town of Grand Island 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:
Revitalize the deteriorated and underutilized waterfront areas of Grand Island (Policies I, IA).
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 permit procedures through coordinated actions and incorporation of new regulations within existing procedures (Policy 6).
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7, 7A, 7B, 7C, 7D, 7E, 8, 9 and 9A).
Minimize flooding and erosion hazards through nonstructural means, carefully selected, long-term structural measures and appropriate siting of structures (Policies II, 12, 13, 14, 15, 16, 17).
Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken (Policy 18).
Maintain and improve public access to the shoreline and to water-related recreational facilities while protecting the environment (Policies 19, 19A, 19B, 20, 21, 21A, 2IB, 21C, 22).
Protect and restore historic and archeological resources (Policy 23).
Protect and upgrade scenic resources (Policies 25, 25A).
Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a waterfront or water location (Policy 27).
Prevent ice management practices which could damage significant fish and wildlife and their habitat (Policy 28).
Prepare for the onshore impacts of exploration, extraction, transportation and storage of oil and gas that may be discovered (Policy 29).
Protect surface and groundwater from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 33, 34).
Perform dredging and place dredge spoil in a manner protective of natural resources (Policies 35, 35A).
Handle and dispose of solid and hazardous wastes and effluent in a manner which will not adversely affect environment (Policies 36, 37, 38, 39, 40).
Protect air quality (Policies 41, 42, 43).
Protect freshwater wetlands (Policies 44, 44A).
Agency's determination of inconsistent action.
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 that 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; and
The action will result in an overriding Town, 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.
No work or activity on a project in the coastal area that is subject to review under this law shall be commenced or undertaken until the 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 this chapter or any conditions imposed thereunder, the enforcement officer designated by the Town Board 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.