[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."
A.
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").
B.
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.
C.
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.
D.
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:
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:
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.
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.
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.
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.
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.
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.
The Planning Board of the Town of Grand Island.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Issuance of Planning Board recommendation.
(1)
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.
(2)
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.
(3)
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.
F.
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.
G.
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:
(1)
Revitalize the deteriorated and underutilized waterfront
areas of Grand Island (Policies I, IA).
(2)
Retain and promote commercial and recreational water-dependent
uses (Policy 2).
(3)
Ensure that development occurs where adequate public
infrastructure is available to reduce health and pollution hazards
(Policy 5).
(4)
Expedite permit procedures through coordinated actions
and incorporation of new regulations within existing procedures (Policy
6).
(5)
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).
(6)
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).
(7)
Safeguard economic, social and environmental interests
in the coastal area when major actions are undertaken (Policy 18).
(8)
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).
(9)
Protect and restore historic and archeological resources
(Policy 23).
(10)
Protect and upgrade scenic resources (Policies
25, 25A).
(11)
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).
(12)
Prevent ice management practices which could
damage significant fish and wildlife and their habitat (Policy 28).
(13)
Prepare for the onshore impacts of exploration,
extraction, transportation and storage of oil and gas that may be
discovered (Policy 29).
(14)
Protect surface and groundwater from direct
and indirect discharge of pollutants and from overuse (Policies 30,
31, 32, 33, 34).
(15)
Perform dredging and place dredge spoil in a
manner protective of natural resources (Policies 35, 35A).
(16)
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).
(17)
Protect air quality (Policies 41, 42, 43).
(18)
Protect freshwater wetlands (Policies 44, 44A).
H.
Agency's determination of inconsistent action.
(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 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;
(b)
The action would be undertaken in a manner which
will 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.
I.
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.
A.
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.
