[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."
A.
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).
B.
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.
C.
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.
D.
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:
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, regulation and procedures, including
local laws, codes, ordinances, executive orders and resolutions, that
may affect the environment.
Any combinations of the above.
Any board, agency, department, office, other body or officer
of the Town of Hamlin.
The form, contained in Appendix B,[1] 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.
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.
The form, contained in Appendix A,[2] 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.
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
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.
The Waterfront Advisory Committee of the Town of Hamlin,
as created pursuant to this chapter.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
(1)
The action shall be consistent with the following:
(a)
Revitalize deteriorated and underutilized waterfront areas.
(b)
Retain and promote recreational water-dependent uses.
(c)
Strengthen the economic base of smaller harbor areas by encouraging
traditional uses and activities.
(d)
Ensure that development occurs where adequate public infrastructure
is available to reduce health and pollution hazards.
(e)
Streamline development permit procedures.
(f)
Protect significant and locally important fish and wildlife
habitats from human disruption and chemical contamination.
(g)
Maintain and expand commercial fishing facilities to promote
commercial and recreational fishing opportunities.
(h)
Minimize flooding and erosion hazards through nonstructural
means, carefully selected long-term structural measures and appropriate
siting of structures.
(i)
Safeguard economic, social and environmental interests in the
coastal area when major actions are undertaken.
(j)
Maintain and improve public access to the shoreline and to water-related
facilities while protecting the environment.
(k)
Protect and restore historic and archaeological resources.
(l)
Protect and upgrade scenic resources.
(m)
Conserve and protect agricultural lands.
(n)
Protect surface water and groundwater from direct and indirect
discharge of pollutants and from overuse.
(o)
Perform dredging and dredge spoil disposal in a manner protective
of natural resources.
(p)
Handle and dispose of hazardous wastes and effluents in a manner
which will not adversely affect the environment nor expand existing
landfills.
(q)
Protect air quality.
(r)
Protect tidal and freshwater wetlands.
(2)
In addition, the actions undertaken within the coastal area should
be consistent with the LWRP currently in effect.
H.
Determination of inconsistency.
(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 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.
(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.
(d)
The action will result in an overriding Town, regional or state-wide
public benefit.
(2)
Such a finding shall constitute a determination that the action is
consistent with the LWRP policy standards and conditions.
I.
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.
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.
B.
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.
