[HISTORY: Adopted by the Town Board of the Town of Hamlin 3-11-1991 by L.L. No. 1-1991 (Ch. 121 of the 1987 Code). Amendments noted where applicable.]
This chapter will be known as the "Town of Hamlin Waterfront Consistency Review Law."
This chapter is adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization and Coastal Resources Act of the State of New York (Article 42, Executive Law).
The purpose of this chapter is to provide a framework for agencies of the Town of Hamlin 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 coastal area and to assure that such actions and direct actions are consistent with said policies and purposes.
It is the intention of the Town of Hamlin that the preservation, enhancement and utilization of the natural and man-made resources of the unique coastal area of the Town take place 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 coastal resources while preventing the loss of living estuarine resources and wildlife; the diminution of open space areas or public access to the waterfront; the erosion of shoreline; the impairment of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems.
The substantive provisions of this chapter shall only apply while there is in existence a Town 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 (6 NYCRR 617.2) 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, that:
- 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, regulation and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment.
- D. Any combinations of the above.
- Any board, agency, department, office, other body or officer of the Town of Hamlin.
- CERTIFICATE OF CONSISTENCY (COC)
- The form, contained in Appendix B, used by the Hamlin Planning Board to certify that the requested action is consistent to the maximum extent practicable with the LWRP policy standards and conditions.
- 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 Hamlin, as shown on the Coastal Area Map on file in the office of the Secretary of State and as delineated in the Town of Hamlin Local Waterfront Revitalization Program.
- COASTAL ASSESSMENT FORM (CAF)
- The form, contained in Appendix A, used by an agency to assist it in determining the consistency of an action with the local waterfront revitalization program.
- 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 Hamlin, 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 Hamlin.
- WATERFRONT ADVISORY COMMITTEE or COMMITTEE
- The Waterfront Advisory Committee of the Town of Hamlin, as created pursuant to this chapter.
A Committee consisting of seven members of the Hamlin Conservation Board is created and shall be hereafter known as the "Waterfront Advisory Committee" of the Town of Hamlin. The Committee is authorized to review and make recommendations to the Hamlin Planning Board regarding the consistency of proposed actions with the LWRP policy standards and conditions. Members of the Hamlin Conservation Board are appointed by the Hamlin Town Board as stated in General Municipal Law Article 12-F, §§ 239-x and 239-y.
The Hamlin Town Board shall annually appoint one Committee member to serve as Chairperson of the Committee. Upon failure of the Hamlin Town Board to appoint a Chairperson, the members of the Committee are to elect a Chairperson by majority vote.
The Committee may employ such persons as may be needed as authorized by the Hamlin Town Board. This Committee shall have the power to adopt rules of procedure for the conduct of all business within its jurisdiction.
Whenever a proposed action is located in the Town's coastal area, an agency shall, prior to approving, funding or undertaking the action, refer the action to the Hamlin Planning Board for a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection G herein.
Whenever the Hamlin Planning Board 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 Hamlin Planning Board shall refer a copy of the completed CAF to the Committee within 14 days of its submission and, prior to making its determination, shall consider the recommendation of the Committee with reference to the consistency of the proposed action.
After referral from the Hamlin Planning Board, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The Committee shall require the applicant to submit all completed applications, CAFs and any other information deemed to be necessary to its consistency recommendation.
The Committee shall render its written recommendation to the Hamlin Planning Board within 30 days following referral of the CAF from the agency, unless extended by mutual agreement of the Committee and the applicant or, in the case of a direct action, the agency. The recommendation shall indicate whether, in the opinion of the Committee, 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 Committee shall, along with its consistency recommendation, make any suggestions to the Hamlin Planning Board 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 Committee's recommendation is not forthcoming within the specified time, the Hamlin Planning Board shall make its decision without the benefit of the Committee's recommendation.
The Hamlin Planning Board shall make the determination of consistency based on the CAF, the Committee recommendation and such other information as is deemed to be necessary in its determination. The Hamlin Planning Board shall issue its determination within 14 days of the date for receipt of the Committee's recommendation. The Hamlin Planning Board shall have the authority, in its findings 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 III of the Town of Hamlin 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 also consult with Section IV of the LWRP in making their consistency determination.
[Amended 10-11-2005 by L.L. No. 9-2005]
The action shall be consistent with the following:
Revitalize deteriorated and underutilized waterfront areas.
Retain and promote recreational water-dependent uses.
Strengthen the economic base of smaller harbor areas by encouraging traditional uses and activities.
Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards.
Streamline development permit procedures.
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination.
Maintain and expand commercial fishing facilities to promote commercial and recreational fishing opportunities.
Minimize flooding and erosion hazards through nonstructural means, carefully selected long-term structural measures and appropriate siting of structures.
Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken.
Maintain and improve public access to the shoreline and to water-related facilities while protecting the environment.
Protect and restore historic and archaeological resources.
Protect and upgrade scenic resources.
Conserve and protect agricultural lands.
Protect surface water and groundwater from direct and indirect discharge of pollutants and from overuse.
Perform dredging and dredge spoil disposal in a manner protective of natural resources.
Handle and dispose of hazardous wastes and effluents in a manner which will not adversely affect the environment nor expand existing landfills.
Protect air quality.
Protect tidal and freshwater wetlands.
In addition, the actions undertaken within the coastal area should be consistent with the LWRP currently in effect.
Determination of inconsistency.
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 alternative exists 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 Town, regional or state-wide public benefit.
Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.
The Hamlin Planning Board shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Committee. The Planning Board shall issue a certificate of consistency for each approved action. Such files shall be made available for public inspection upon request.
The Town Building Inspector 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 Building Inspector has been presented with a written determination from the Hamlin Planning Board 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 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.
A person who violates any of the provisions of, or who fails to comply with any condition imposed by, this chapter shall have committed a violation punishable by a fine not exceeding $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 violation.
The Town Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty.