[HISTORY: Adopted by the Board of Trustees of the Village of Middleport 3-18-2002
by L.L. No. 2-2002. Amendments noted where applicable.]
This chapter will be known as the "Village of Middleport 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 agencies of the Village of Middleport to consider the policies
and purposes contained in the Local Waterfront Revitalization Program when
reviewing applications for actions or direct agency actions located in the
waterfront area; and to assure that such actions and direct actions are consistent
with said policies and purposes.
C.
It is the intention of the Village of Middleport
that the preservation, enhancement and utilization of the natural and man-made
resources of the unique waterfront area of the Village occur in a coordinated
and comprehensive manner to ensure a proper balance between natural resources
and the need to accommodate population 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; avoid
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 which 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 SEQRA regulations
which are undertaken by an applicant and 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.
Any board, agency, department, office, other body, or officer of
the Village of Middleport.
Any person, corporation, partnership, or other entity requesting
approval or funding of an action, or undertaking any action for which approval
is required pursuant to this chapter.
The building inspector or, if none, the code enforcement
officer of the Village of Middleport.
The action will comply with the LWRP policy standards and conditions.
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 Village of Middleport,
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 shall be on file in the office of the Village Clerk of the Village
of Middleport.
The waterfront revitalization area delineated in the Village's
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.
A.
Whenever a proposed action is located in the Village's waterfront 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 D below.
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 waterfront area, the applicant,
or in the case of a direct action, the agency, shall prepare a waterfront
assessment form (WAF) to assist with the consistency review.
C.
Whenever an agency shall make a determination
that an action is not consistent with the LWRP policy standards and conditions,
it shall notify the applicant of such findings and the reason therefor within
45 days of filing of the application.
D.
Actions to be undertaken within the waterfront
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 III of the Village of Middleport LWRP, a copy of
which shall be on file in the Village Clerk's office and available for
inspection during normal business hours. In the case of direct actions, the
agency shall also consult with Section IV of the LWRP in making its consistency
determination:
(1)
Fostering a pattern of development in the
Village of Middleport that enhances community character, preserves open space,
makes efficient use of the infrastructure, makes beneficial use of waterfront
locations, and minimizes potential adverse impacts of development.
(2)
Protecting existing water-dependent uses in
the Village of Middleport and promoting the siting of new water-dependent
uses in suitable locations.
(3)
Protecting existing agricultural land in the
Village of Middleport.
(4)
Promoting the sustainable use of living marine
resources in the Village of Middleport.
(5)
Protecting and restoring ecological resources,
including significant fish and wildlife habitats, wetlands and rare ecological
communities.
(6)
Protecting and improving water resources.
(7)
Minimizing loss of life, structures and natural
resources from flooding and erosion.
(8)
Protecting and improving air quality.
(9)
Promoting appropriate use and development
of energy and mineral resources.
(10)
Minimizing environmental degradation from
solid waste and hazardous substances and wastes.
(11)
Improving public access to the waterfront
and the use of public lands.
(12)
Enhancing visual quality and protecting outstanding
scenic resources.
(13)
Preserving and protecting historic resources.
E.
If the agency determines that the action would
not be consistent with one or more of the LWRP policy standards and conditions,
such actions shall not be undertaken unless the determining agency makes a
written finding with respect to the proposed action that:
(1)
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;
(2)
The action would be undertaken in a manner
which will minimize all adverse effects on such LWRP policy standards and
conditions; and
(3)
The action will advance one or more of the
other LWRP policy standards and conditions; and
(4)
The action will result in an overriding Village,
regional or state-wide public benefit.
F.
Each agency shall maintain a file for each
action made the subject of a consistency determination. Such files shall be
under the control of the Village Clerk.
A.
The Village Building Inspector shall be responsible
for enforcing this chapter. No work or activity on an action in the waterfront
area which is subject to review under this chapter shall be commenced or undertaken
until the Building Inspector has been presented with a written determination
from an agency that the action is consistent with the Village's 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 thereunder, the Building Inspector 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 law.
A.
The undertaking or performing, or exercising,
any action as defined herein, without agency approval, shall constitute a
violation of this chapter and shall be punishable by a fine not to exceed
$250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
B.
Each week of continuing violation of this chapter
shall constitute a separate violation.
C.
This chapter may be enforced by a civil action,
and any violation thereof may be enjoined by a court of competent jurisdiction.
