[Adopted 5-23-2011 by L.L. No. 9-2011]
This article will be known as the "Town of Hamburg Local Waterfront
Revitalization Program (LWRP) Consistency Review Law."
As used in this article, the following terms shall have the
meanings indicated:
ACTION
Includes all the following, except minor actions:
A.
Projects or physical activities, such as construction or any
other activities that may affect natural, man-made or other resources
in the waterfront area or the environment by changing the use, appearance
or condition of any resource or structure, that:
(1)
Are directly undertaken by an agency; or
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals, permits, or review
from an agency or agencies.
B.
Agency planning and policymaking 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 waterfront resources or the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the Town of Hamburg.
CONSISTENT
The action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
DIRECT ACTIONS
Actions planned and proposed for implementation by an applicant
or agency, such as, but not limited to, a capital project, rule making,
procedure making and policy making.
ENVIRONMENT
The physical conditions that will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
resources of agricultural, archeological, historic or aesthetic significance,
existing patterns of population concentration, distribution or growth,
existing community or neighborhood character, and human health.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Town of
Hamburg, 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 of the Town of Hamburg.
MINOR ACTION
Includes the following actions, which are not subject to
review under this chapter:
A.
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
B.
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
C.
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected,
or within Significant Coastal Fish and Wildlife Habitat areas;
D.
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature or a bulkhead or other
shoreline erosion protection structure;
E.
Minor temporary uses of land having negligible or no permanent
impact on waterfront resources or the environment;
F.
Installation of traffic control devices on existing streets,
roads and highways;
G.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
H.
Information collection including basic data collection and research,
water quality and pollution studies, traffic counts, engineering studies,
surveys, subsurface investigations and soils studies that do not commit
the agency to undertake, fund or approve any action;
I.
Official acts of a ministerial nature involving no exercise
of discretion, including building permits where issuance is predicated
solely on the applicant's compliance or noncompliance with the
relevant local building code;
J.
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
K.
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
those activities do not commit the agency to commence, engage in or
approve such action;
L.
Collective bargaining activities;
M.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
N.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
O.
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, storage of road de-icing substances,
or other hazardous materials;
P.
Adoption of regulations, policies, procedures and local legislative
decisions in furtherance of any action on this list;
Q.
Engaging in review of any part of an application to determine
compliance with technical requirements, provided that no such determination
entitles or permits the project sponsor to commence the action unless
and until all requirements of this article have been fulfilled;
R.
Civil or criminal enforcement proceedings, whether administrative
or judicial, including a particular course of action specifically
required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion;
S.
Adoption of a moratorium on land development or construction;
T.
Interpreting an existing code, rule or regulation;
U.
Designation of local landmarks or their inclusion within historic
districts;
V.
Emergency actions that are immediately necessary on a limited
and temporary basis for the protection or preservation of life, health,
property or natural resources, provided that such actions are directly
related to the emergency and are performed to cause the least change
or disturbance practicable, under the circumstances, to waterfront
resources or the environment. Any decision to fund, approve or directly
undertake other activities after the emergency has expired is fully
subject to the review procedures of this article;
W.
Local legislative decisions such as rezoning where the Town
of Hamburg determines the action will not be approved.
SHORELINE REVITALIZATION COMMITTEE
The permanent committee within the Town of Hamburg that is
dedicated to review waterfront issues and advise the Town Board on
the same. The Shoreline Revitalization Committee is authorized to
coordinate and make recommendations to Town agencies regarding consistency
reviews required under this article.
WATERFRONT AREA
That portion of Coastal Area as defined in Article 42 of
the Executive Law that is located within the boundaries of the Town
of Hamburg, as shown on the coastal area map on file in the office
of the Secretary of State, and as delineated in the Town of Hamburg
Local Waterfront Revitalization Program (LWRP).
WATERFRONT ASSESSMENT FORM (WAF)
The form used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
No action within the Town's waterfront area which is subject
to review under this article shall proceed until a written determination
has been issued from a Town agency that the action is consistent with
the Town's LWRP policy standards. In the event that an activity
is being performed in violation of this article or any conditions
imposed thereby, the Town Code Enforcement Officer shall issue a stop-work
order and all work must immediately cease. No further work or activity
shall be undertaken on the project so long as a stop-work order is
in effect. The Town Attorney, Code Enforcement Officer and Police
Department shall be responsible for enforcing this article.
This article shall supersede and repeal any previous local regulations
regarding consistency with LWRP. This article shall take effect immediately
upon its filing in the office of the Secretary of State in accordance
with Section 27 of the Municipal Home Rule Law.
The provisions of this article are severable. If any provision
of this article is found invalid, such finding shall not affect the
validity of this article as a whole or any part or provision hereof
other than the provision so found to be invalid.