This chapter will be known as the "Town of Kendall Waterfront
Consistency Review Law."
All boards, departments, offices, other bodies or officers of
the Town of Kendall must comply with this chapter, to the extent applicable,
prior to carrying out, approving, or funding any action other than
Type II, exempt, or excluded actions as those terms are defined in
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:
ACTIONS
Either Type I or unlisted actions as defined in SEQR regulations
(6 NYCRR Part 617) which are undertaken by an agency and which include:
A.
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:
(1)
Are directly undertaken by an agency;
(2)
Involve funding by an agency; or
(3)
Require one or more permits or approvals from an agency or agencies;
B.
Agency planning and policy making activities that may affect
the environment and commit the agency to a definite course of future
decisions;
C.
Adoption of agency rules, regulations, and procedures including
local laws, codes, ordinances, executive orders and resolutions that
may affect the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the Town of Kendall.
APPLICANT
Any person making an application or other request to an agency
to provide funding or to grant approval or permit in connection with
a proposed action.
COASTAL AREA
That portion of the 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 Kendall, as shown on
the coastal area map on file in the office of the Secretary of State
and as delineated in the Kendall, Yates and Carlton LWRP.
COASTAL ASSESSMENT FORM (CAF)
The form, contained in Appendix A to this chapter, used by an agency to assist it in determining the consistency
of an action with the LWRP.
CONSISTENT
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 a Town
agency, such as, but not limited to capital projects, promulgation
of rules, regulations, laws, codes or ordinances and policy making
which commits an agency or the Town to a course of action.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Towns
of Kendall, Yates and Carlton, as 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 is on file
in the Office of the Town Clerk.
The Town Code Enforcement Officer shall be responsible for enforcing
this chapter. No work or activity on a project in the Coastal Area
that is subject to review under this chapter shall be commenced or
undertaken until the Code Enforcement Officer has been presented with
a written determination from a Town Board or ZBA that the action is
consistent with the 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 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.