[Adopted 6-6-1989 by L.L. No. 2-1989]
This article shall be known as the "Town of Smithtown Environmental
Quality and Coastal Consistency Review Law."
This article 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 of the Executive Law) and
the State Environmental Quality Review Act (Article 8 of the Environmental
Conservation Law).
The purpose of this article is to implement the State Environmental
Quality Review Act, the town's Local Waterfront Revitalization Program
and its consistency review regulations and procedures for the Town
of Smithtown, thereby incorporating environmental and social factors
and the consideration of coastal resources into existing planning
and decisionmaking processes.
All boards, departments, officers, other bodies or officers
of the Town of Smithtown must comply with the State Environmental
Quality Review Act, and its regulations as they are amended from time
to time, and the Town of Smithtown Environmental Quality and Coastal
Consistency Review Law of this Article to the extent applicable, prior
to carrying out, approving or funding any action other than an exempt
or excluded action, as those terms are defined in Part 617 of the
Official Compilation of Codes, Rules and Regulations of the State
of New York (NYCRR), or a Type II Action, as that term is defined
in this Article.
As used in this Article, the following terms shall have the
meanings indicated:
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:
Agency planning and policy-making activities that may affect
the environment and commit the agency to a course of future conduct
or decisions.
The adoption of agency rules, regulations 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 official
or officer of the Town of Smithtown.
Any person making an application or other request to an agency
to provide funding or to grant an approval or a permit in connection
with a proposed action.
The New York State coastal waters and adjacent shorelines,
as defined in Article 42 of the Executive Law, which are located within
the boundaries of the Town of Smithtown, as shown on the coastal area
map on file in the office of the Secretary of State and as delineated
in the Town of Smithtown Local Waterfront Revitalization Program.
The form used by the Town Board to assist it in determining
the consistency of an action with the LWRP.
A negative declaration issued by a lead agency for an unlisted
action, involving an applicant, in which the action as initially proposed
may result in one or more significant adverse environmental effects;
however, mitigation measures identified and required by the lead agency,
pursuant to the procedure in 6 NYCRR Part 617, will modify the proposed
action so that no significant adverse environmental impacts will result.
That the action will fully comply with and not hinder any
of the Town of Smithtown LWRP standards and conditions and, whenever
practicable, will advance one or more of such policies.
A specific geographic area designated by the Town Board having
exceptional or unique characteristics that make the area environmentally
important.
[Amended 7-9-1996 by L.L. No. 2-1996]
An action planned and proposed for implementation by an agency
or the town. "Direct actions" include but are not limited to capital
projects, promulgation of agency rules, regulations, laws, codes or
ordinances and policy-making which commits an agency to a course of
action.
A physical condition which will be affected by a proposed
action, including but not limited to land, air, water, minerals, flora,
fauna, noise, resources of agricultural, archaeological, historical
or aesthetic significance, existing patterns of population concentration,
distribution or growth, existing community or neighborhood character
and human health.
The long form appearing at 6 NYCRR Part 617, used by an agency
to assist it in determining the environmental significance or nonsignificance
of actions. A properly completed "EAF" shall contain enough information
to describe the proposed action, its location, its purpose and its
potential impacts on the environment. In the event that the Department
of Environment and Waterways of the Town of Smithtown promulgates
another "environmental assessment form" different from that appearing
at 6 NYCRR Part 617, then that "environmental assessment form" shall
be used so long as it is no less protective of the environment than
the form found at 6 NYCRR Part 617.
A written document prepared in accordance with 6 NYCRR Part
617. An "environmental impact statement" may either be in draft or
final form. A "draft EIS" is the initial statement prepared by either
the applicant or the lead agency and circulated for review and comment.
A "generic EIS" or "supplemental EIS" may also be prepared in accordance
with 6 NYCRR Part 617.
[Amended 7-9-1996 by L.L. No. 2-1996]
An action to which the requirements of 6 NYCRR Part 617 do
not apply.
Any one of the following:
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.
Official acts of a ministerial nature involving no exercise
of discretion.
Maintenance or repairs involving no substantial changes in an
existing structural facility.
Emergency actions which 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 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 and of the State Environmental Quality Review Act.
Actions of the Legislature of the State of New York or of any
court. Actions of the town are not exempt.
Any financial support given by an agency, including contracts,
grants, subsidies, loans or other forms of direct or indirect financial
assistance in connection with the proposed action.
The agency principally responsible for carrying out, funding
or approving an action and therefore responsible for determining whether
an EIS is required in connection with the action and for causing the
preparation and filing of the EIS if one is required.
The Local Waterfront Revitalization Program of the Town of
Smithtown, as 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 Smithtown.
An action performed upon a given state of facts in a prescribed
manner, proposed by law without the exercise of any judgment or discretion
as to the propriety of the act, such as the granting of a hunting
or fishing license; nor shall "ministerial acts" be deemed to include
the site plan, subdivision, change of zone or special exception review
process or approval.
A written determination by a lead agency that the implementation
of the action as proposed will not result in any significant adverse
environmental effects. "Negative declarations" must be prepared and
filed in accordance with 6 NYCRR Part 617.
A permit, lease, license, certificate or other entitlement
for use or permission to act, that may be granted or issued by an
agency.
Any agency, individual, corporation, government entity, partnership,
association, trustee or other legal entity.
Includes the following activities but shall not be limited
to vegetation removal; demolition; stockpiling materials; grading
and other forms of earthwork; dumping, filling or depositing; discharges
to air or water; excavation or trenching; the application of pesticides,
herbicides or other chemicals; the application of sewage sludge; dredging;
flooding; draining or dewatering; paving; the construction of buildings,
structures or facilities; and extraction, injection or recharge of
resources below the ground.
A written statement prepared by the lead agency indicating
that implementation of the action as proposed may have a significant
adverse effect on the environment and that an environmental impact
statement will be required. "Positive declarations" must be prepared
and filed in accordance with 6 NYCRR Part 617.
Article 8 of the Environmental Conservation Law of the State
of New York.
6 NYCRR Part 617.
The Town of Smithtown.
The Town Board of the Town of Smithtown.
Includes all those actions listed in 6 NYCRR Part 617 and
all critical areas of environmental concern as the Town Board shall
have designated pursuant to the authority and procedure of 6 NYCRR
Part 617. In addition, any proposed action to be located within 500
feet of the mean high-water level of any tidal waters within the Town
shall be considered a "Type I action," except for those actions categorized
as Type II actions.
Includes all those listed in 6 NYCRR Part 617, except as
otherwise noted in this article.
All actions not listed as Type I or Type II actions and not
exempt or excluded actions as those terms are defined in 6 NYCRR Part
617 and this article.
A.
With regard to an application for an action involving funding or approval or the issuance of a permit by the town, the Planning Director or the Building Director, as the appropriate case may be, shall advise such applicant whether a proposed action is located within the coastal area, and if so, the applicant shall be provided with a coastal assessment form (CAF), pursuant to § 151-10 of this article, and the applicant shall file a completed CAF.
[Amended 5-8-2007 by L.L. No. 5-2007]
B.
The Planning Director shall not accept any application for any proposed
action unless such application is accompanied by a completed environmental
assessment form (EAF). Upon receipt of a completed EAF, the Planning
Director shall forward the completed EAF, along with all accompanying
applications, maps and plans, to the Supervisor of Environment and
Waterways for review and for the appropriate SEQRA determination and
classification.
A.
With regard to an action which is proposed to be directly undertaken
by the town or any agency, the agency proposing such direct action
shall notify and consult with the Planning Director and the Supervisor
of Environment and Waterways.
B.
The Planning Director shall advise the agency proposing such direct action whether the proposed direct action would be located within the coastal area, and if so, the agency proposing such direct action shall complete and file a coastal assessment form pursuant to § 151-10 of this Article.
C.
The Supervisor of Environment and Waterways shall advise the agency proposing such direct action that the proposed direct action is subject to the provisions of SEQRA, and the agency proposing such direct action shall complete and file an environmental assessment form pursuant to § 151-10 of this Article. The Supervisor of Environment and Waterways shall then review the proposed action for the appropriate SEQRA determination and classification.
A.
When any agency contemplates directly carrying out, funding or approving
any Type I or unlisted action, an environmental assessment form (EAF)
must be prepared by the applicant or on the applicant's behalf.
B.
When an applicant submits an application for funding or a permit
or other approval of a Type I or unlisted action to any agency of
the town, an EAF must accompany the application. An applicant may
choose to prepare a draft EIS in place of an EAF.
D.
The coastal assessment form (CAF) referred to in this section shall
be in the following form:
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COASTAL ASSESSMENT FORM
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A.
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INSTRUCTIONS (Please print or type all answers.)
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1.
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Applicants or, in the case of direct actions, town agencies shall complete this CAF for proposed actions which are subject to Chapter 151, Article II, Environmental Quality and Coastal Consistency Review. This assessment is intended to supplement other information used by the Town Board in making a determination of consistency.
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2.
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Before answering the questions in Section C, the preparer of
this form should review the policies and explanations of policy contained
in the Local Waterfront Revitalization Program (LWRP), a copy of which
is on file in the Town Clerk's office. A proposed action should be
evaluated as to its significant beneficial and adverse effects upon
the coastal area.
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3.
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If any question in Section C on this form is answered "yes,"
then the proposed action may affect the achievement of the LWRP policy
standards and conditions contained in the consistency review sections
of the chapter. Thus, the action should be analyzed in more detail
and, if necessary, modified prior to making a determination that it
is consistent with the LWRP policy standards and conditions. If an
action cannot be certified as consistent with the LWRP policy standards
and conditions, it shall not be undertaken.
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B.
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DESCRIPTION OF SITE AND PROPOSED ACTION
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1.
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Type of town agency action (check appropriate response):
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(a)
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Directly undertaken (e.g., capital construction, planning activity,
agency regulation, land transaction): __________________________
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(b)
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Financial assistance (e.g., grant, loan, subsidy): _____________
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(c)
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Permit, approval, license, certification: ____________
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(d)
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Agency undertaking action: _________________
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2.
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Describe nature and extent of action:_____________
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__________________________________________________
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__________________________________________________
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3.
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Location of action: ______________________________
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__________________________________________________
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__________________________________________________
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4.
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Size of site: ____________________________________
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5.
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Present land use: ________________________________
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6.
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Present zoning classification: ___________________
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7.
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Describe any unique or unusual land forms on the project site
(i.e., bluffs, dunes, swales, ground depressions, other geological
formations): ___________________________________
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__________________________________________________
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__________________________________________________
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8.
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Percentage of site which contains slopes of 15% or greater:
_______________________________
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__________________________________________________
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__________________________________________________
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9.
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Streams, lakes, ponds or wetlands existing within or contiguous
to the project area:
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(1)
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Name:___________________________________
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(2)
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Size (in acres): ____________________________
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10.
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If an application for the proposed action has been filed with
the town agency, the following information shall be provided:
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(a)
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Name of applicant: __________________________
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(b)
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Mailing address: ____________________________
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(c)
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Telephone number: Area code ()____________
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(d)
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Application number, if any: _________________
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11.
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Will the action be directly undertaken or require funding or
approval by a state or federal agency?
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Yes ________No ________ If yes, which state or federal agency?
_________________________________________________
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C.
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Coastal assessment. (Check either Yes or No for each of the
following questions):
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Yes
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No
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1.
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Will the proposed action be located in or contiguous to or have
a potentially adverse effect upon any of the resource areas identified
on the coastal area map?
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_____
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_____
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(a)
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Significant fish or wildlife habitats?
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_____
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_____
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(b)
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Scenic resources of local or statewide significance?
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_____
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_____
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(c)
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Important agricultural lands?
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_____
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_____
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(d)
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Natural protective features in an erosion hazard area?
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_____
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_____
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If the answer to any question above is yes, please explain in
Section D any measures which will be undertaken to mitigate any adverse
effects.
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2.
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Will the proposed action have the potential to have a significant
effect upon:
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Yes
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No
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(a)
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Commercial or recreational use of fish and wildlife resources?
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_____
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_____
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(b)
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Scenic quality of the coastal environment?
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_____
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_____
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(c)
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Development of future or existing water-dependent uses?
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_____
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_____
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(d)
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Operation of the state's major ports?
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_____
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_____
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(e)
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Land or water uses within small harbor area?
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_____
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_____
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(f)
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Stability of the shoreline?
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_____
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_____
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(g)
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Surface or ground water quality?
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_____
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_____
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(h)
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Existing or potential public recreation opportunities?
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_____
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_____
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(i)
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Structures, sites or districts of historic, archaeological or
cultural significance to the town, state or nation?
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_____
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_____
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3.
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Will the proposed action involve or result in any of the following:
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Yes
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No
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(a)
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Physical alteration of land along the shoreline, land under
water or coastal waters?
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_____
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_____
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(b)
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Physical alteration of two(2) acres or more of land located
elsewhere in the coastal area?
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_____
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_____
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(c)
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Expansion of existing public services or infrastructure in undeveloped
or low-density areas of the coastal area?
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_____
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_____
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(d)
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Energy facility not subject to Article VII or VIII of the Public
Service Law?
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_____
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_____
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(e)
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Mining, excavation, filling or dredging in coastal waters?
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_____
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_____
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(f)
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Reduction of existing or potential public access to or along
the shore?
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_____
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_____
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(g)
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Sale or change in lieu of publicly owned lands located on the
shoreline or under water?
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_____
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_____
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(h)
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Development within a designated flood or erosion hazard area?
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_____
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_____
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(i)
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Development on a beach, dune, barrier island or other natural
feature that provides protec tion against flooding or erosion?
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_____
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_____
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(j)
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Construction or reconstruction of erosion protective structures?
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_____
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_____
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(k)
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Diminished surface or ground water quality?
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_____
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_____
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(l)
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Removal of ground cover from site?
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_____
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_____
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4.
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Project
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(a)
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If project is to be located adjacent to shore:
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Yes
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No
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(1)
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Will water-related recreation be provided?
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_____
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_____
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(2)
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Will public access to the foreshore be provided?
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_____
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_____
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(3)
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Does the project require a waterfront site?
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_____
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_____
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(4)
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Will it supplant a recreational or maritime use?
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_____
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_____
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(5)
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Do essential public services and facilities presently exist
at or near the site?
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_____
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_____
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(6)
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Is it located in a flood prone area?
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_____
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_____
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(7)
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Is it located in an area of high erosion?
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_____
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_____
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(b)
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If the project site is publicly owned:
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(1)
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Will the project protect, maintain and/or increase the level
and types of public access to waterrelated recreation resources and
facilities?
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_____
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_____
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(2)
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If located in the foreshore, will access to those and adjacent
lands be provided?
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_____
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_____
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(3)
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Will it involve the siting and construction of major energy
facilities?
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_____
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_____
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(4)
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Will it involve the discharge of effluents from major steam
electric generating and industrial facilities into coastal facilities?
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_____
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_____
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(c)
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Is the project site presently used by the community?
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_____
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_____
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(d)
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Does the present site offer or include scenic views or vistas
known to be important to the community?
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_____
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_____
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(e)
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Is the project site presently used for commercial fishing or
fishing processing?
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_____
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_____
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(f)
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Will the surface area of any waterways or wetland areas be increased
or decreased by the proposal?
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_____
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_____
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(g)
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Does any mature forest (over100 years old) or other locally
important vegetation exist on this site which will be removed by the
project?
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_____
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_____
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(h)
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Will the project involve any waste discharges into coastal waters?
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_____
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_____
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(i)
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Does the project involve surface or subsurface liquid waste
disposal?
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_____
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_____
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(j)
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Does the project involve transport, storage, treatment or disposal
of solid waste or hazardous materials?
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_____
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_____
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(k)
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Does the project involve shipment or storage of petroleum products?
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_____
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_____
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(l)
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Does the project involve discharge of toxics, hazardous substances
or other pollutants into coastal waterways?
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_____
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_____
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(m)
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Does the project involve or change existing ice management practices?
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_____
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_____
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(n)
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Will the project affect any area designated as a tidal or freshwater
wetland?
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_____
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_____
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(o)
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Will the project alter drainage flow, patterns or surface water
runoff on or from the site?
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_____
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_____
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(p)
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Will best management practices be utilized to control stormwater
runoff into coastal waters?
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_____
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_____
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(q)
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Will the project utilize or affect the quality or quantity of
sole source or surface water supplies?
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_____
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_____
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(r)
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Will the project cause emissions which exceed federal or state
air quality standards or generate significant amounts of nitrates
or sulfates?
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_____
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_____
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D.
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REMARKS OR ADDITIONAL INFORMATION (Add any additional sheets
necessary to complete this form.)
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______________
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(____) __________
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Preparer's Name (print)
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Telephone No.
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______________
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________________
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_______________
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Title
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Agency
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Date
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FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS A MISDEMEANOR
PURSUANT TO § 210.45 OF THE PENAL LAW, STATE OF NEW YORK.
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__________
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Signature of Preparer
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__________
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Date
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Sworn to before me this
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______________ day of ______________ 19______
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______________
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Notary Public,
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State of New York
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A.
Upon receipt from the Planning Director of an application including
a completed EAF and, where appropriate, a completed CAF, the Supervisor
of Environment and Waterways will determine whether it involves one
or more agencies. The Supervisor of Environment and Waterways will
distribute a copy of the application and completed EAF and/or CAF
to all involved agencies for the designation of lead agency in accordance
with the procedures set forth in 6 NYCRR Part 617.
B.
Where a CAF is required, the Planning Director or Building Director shall refer the completed EAF/CAF and all accompanying maps, plans and applications to the Town Board for a decision as to consistency of the action pursuant to the procedures set forth in § 151-15.
[Amended 5-8-2007 by L.L. No. 5-2007]
C.
Town Board.
(1)
The Town Board shall be the lead agency for the following actions:
(a)
The adoption, amendment or change of zoning and land use regulations.
(b)
The construction or expansion of municipal buildings, structures
and other facilities, including highways within the town.
(c)
The purchase, sale and/or lease of real property by the town.
(d)
Special exceptions.
(e)
All applications before the Board of Site Plan Review.
(f)
Intermunicipal agreements and arrangements.
(g)
All other actions not specifically covered by the Town Code.
(2)
The Town Board shall also be designated lead agency when there is
more than one involved agency, as that term is used in 6 NYCRR Part
617, and the Town Board is one of those agencies, notwithstanding
anything to the contrary found in this article.
A.
The lead agency must determine the environmental significance of any Type I or unlisted action, in writing, in accordance with 6 NYCRR Part 617. This determination must be based on the EAF, the recommendation of the Supervisor of Environment and Waterways and on such other information as the lead agency may require. The criteria listed in 6 NYCRR Part 617 must be considered by the lead agency in making its determination of significance. The determination must be made within 20 calendar days of the date of lead agency designation or within 20 calendar days of its receipt of all information required by the lead agency to make its determination, whichever is later. No determination of significance shall be made until such time as the Town Board determines the consistency of an action located in the coastal area pursuant to § 151-15 of this article.
B.
If the lead agency makes a determination that there will be no adverse
environmental effect or that identified environmental effects will
not be significant, it shall make a negative declaration and proceed
in accordance with the requirements of 6 NYCRR Part 617.
C.
For unlisted actions involving an applicant, the lead agency has
the option to issue a conditioned negative declaration in accordance
with requirements of 6 NYCRR Part 617.
D.
If the lead agency makes a determination that the action may have the potential for at least one significant effect on the environment and the action is to be located within the coastal area, the lead agency shall issue a positive declaration and proceed in accordance with the requirements of 6 NYCRR Part 617. If the lead agency issues a positive declaration and the proposed action is to be located within the coastal area, an environmental impact statement will be required and the provisions of §§ 151-13 through 151-15, inclusive, of this article shall apply.
E.
If the lead agency makes a determination that the action may have a significant effect on the environment and the action is not located within the coastal area, the lead agency shall issue a positive declaration and proceed in accordance with the requirements of 6 NYCRR Part 617. If the lead agency issues a positive declaration and the proposed action is not located within the coastal area, an environmental impact statement will be required and the provisions of §§ 151-13 and 151-14, inclusive, of this article shall apply.
A.
B.
When an applicant submits a draft environmental impact statement,
the lead agency shall not accept the proposed draft environmental
impact statement until the Supervisor of Environment and Waterways
renders a recommendation on the scope, adequacy and sufficiency of
the proposed draft environmental impact statement.
C.
Decisions and findings for actions subject to EIS's. Each agency
of the Town involved in undertaking, approving or funding an action
which is the subject of an EIS shall make detailed written findings
in accordance with the provisions of 6 NYCRR Part 617 prior to making
its decision.
All notices, EAF's, CAF's, draft EIS's, final EIS's and all
other documents shall be prepared, filed, circulated and made available
as prescribed under 6 NYCRR Part 617 and this article.
A.
The Town Board is authorized to review and make determinations regarding the consistency of proposed actions with the LWRP policy standards and conditions set forth in Subsection F below.
(1)
Whenever a proposed action is located in the town's coastal area,
the Town Board shall make a written determination of consistency in
accordance with the LWRP policy standards and conditions. No agency
shall undertake, approve or fund any action, Type I action, unlisted
action or otherwise, in the coastal area without first obtaining this
determination.
(2)
No building, sign, tree-clearing, demolition or excavation permit
for an activity which is reviewed under this section shall be issued
until a determination of consistency has been made by the Town Board.
B.
Whenever an agency receives an application for approval or funding
of an action to be located in the coastal area, the applicant shall
prepare a coastal assessment form (CAF) to assist the Town Board with
its consistency review. The Planning Director or Building Director,
as the appropriate case may be, shall refer a copy of the completed
CAF and all accompanying maps, plans and applications to the Town
Board within 10 days of its submission for the determination of consistency.
[Amended 5-8-2007 by L.L. No. 5-2007]
C.
As early as possible in an agency's formulation of a direct action
which is proposed to be located within the coastal area, the agency
shall prepare a coastal assessment form (CAF) to assist the Town Board
with consistency review.
D.
After receipt of a completed CAF and all documentation the Town Board or Planning Director requires for an action, the Town Board shall determine whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection F below. The Town Board or the Planning Director shall require the applicant to submit any completed applications, EAF's and any other information deemed to be necessary to its consistency determination.
E.
The Town Board shall render its written determination and reasons thereof within 30 days following the referral of the CAF and all required documentation from the applicant, the Planning Director or Building Director, unless either an EIS is being prepared or is under review in accordance with § 151-13 of this article or the time period is extended by the Town Board for good cause. The time period for a Town Board determination of consistency shall be suspended pending receipt by the Town Board of any EIS and any explicit findings related to a proposed project as may be required pursuant to SEQRA. The Town Board shall have the authority in its findings of consistency to impose practicable and reasonable conditions on any action to ensure that it is carried out in accordance with this article.
[Amended 5-8-2007 by L.L. No. 5-2007]
F.
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 Smithtown LWRP, a copy of which is on
file in the Town Clerk's office and available for inspection during
normal business hours. Agencies which directly undertake actions shall
also consult with Section IV of the LWRP in preparing the CAF for
those actions. The action shall be consistent with the policy to:
(1)
Revitalize and redevelop deteriorating institutional, commercial
and residential structures (Policies 1, 1A, 1B and 1C).
(2)
Retain and promote recreational water-dependent uses (Policies 1B,
1C and 2).
(3)
Ensure that development occurs where adequate public infrastructure
is available to reduce health or pollution hazards (Policies 5 and
5A).
(4)
Prohibit the location of a cross-sound bridge in the Town (Policy
5B).
(5)
Streamline development permit procedures (Policy 6).
(6)
Protect significant fish and wildlife habitats from human disruption
and chemical contamination (Policies 7, 7A, 7B, 7C, 7D and 8).
(7)
Maintain and expand shellfish populations for commercial and recreational
use (Policies 9, 9A and 10).
(8)
Minimize flooding and erosion hazards through nonstructural means
and carefully selected long-term structural measures (Policies 11,
12, 13, 14, 14A, 15, 16, 17, 17A and 21A).
(9)
Maintain and improve public access to the shoreline and to water-related
recreational facilities while protecting the environment (Policies
2, 19, 20, 21 and 22).
(10)
Protect and restore archeological resources (Policies 23 and
23A).
(11)
Protect and upgrade scenic resources (Policies 24, 25A, 25B,
25C and 25D).
(12)
Conserve and protect remaining agricultural land and prime soils
(Policy 26A).
(13)
Operate existing power plants in an environmentally sound manner
and expand them only if compatible with the waterfront. The waterborne
shipment and transfer of fuel for power plants is prohibited (Policy
27).
(14)
Protect surface and ground waters from direct and indirect discharge
of pollutants and from other overuse (Policies 30, 30A, 31, 32, 33,
34, 36, 37, 37A, 38, 38A and 38B).
(15)
Perform dredging and dredge soil disposal in a manner protective
of natural resources (Policies 15, 35, 35A and 35B).
(16)
Eliminate non-water-dependent handling of petroleum and hazardous
materials from the waterfront (Policies 36 and 36A).
(17)
Handle and dispose of hazardous waste in a manner which will
not adversely affect the environment nor expand existing landfills
(Policies 39 and 39A).
(18)
Protect air quality (Policies 11, 12 and 13).
(19)
Protect tidal fresh water wetlands (Policies 44 and 44A).
G.
Findings.
(1)
If the Town Board 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 Town Board determines with
respect to the proposed action that:
(a)
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;
(b)
The action would be undertaken in a manner which would minimize
all adverse affects on such LWRP policy standards and conditions to
the maximum extent practicable;
(c)
The action will advance one or more of the other LWRP policy
standards and conditions; and
(d)
The action will result in overriding town, regional or statewide
public benefit.
(2)
Such finding shall constitute a determination that the action is
consistent with the LWRP policy standards and conditions.
H.
The Town Board shall maintain a file for each action made the subject
of the consistency determination and any findings made pursuant to
this article. Such files may be made available for public inspection
upon a properly made Freedom of Information request.
[Amended 1-8-2019; 2-6-2024 by Res. No. 2024-165]
The fees for consistency reviews shall be as follows:
[Amended 9-7-1993 by L.L. No. 6-1993; 5-8-2007 by L.L. No.
5-2007]
The Building Director in the Building Department, the Director
of Public Safety in the Department of Public Safety and their designated
deputies, Building Inspectors, Ordinance Inspectors, the Director
of Environment and Waterways, the Planning Director and their designated
deputies, the Town Attorney, the Senior Assistant Town Attorney and
all Assistant Town Attorneys, shall be responsible for enforcing this
article. No work or activity on a project in the coastal area which
is subject to review under this article shall be commenced or undertaken
until the Building Department has been presented with a written determination
from an applicant or agency that the action is consistent with the
town's LWRP policy standards and conditions. In the event that work
or any activity is not being performed in accordance with this article
or any conditions imposed thereunder, the Building Director shall
issue a stop-work order, and all work shall immediately cease. No
further work or activity shall be undertaken on a 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 article 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. Each week of a continuing violation
shall constitute a separate and additional violation.
B.
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this article. The
Town Attorney is also authorized to seek damages and any civil penalties
in any civil action, and such penalties shall be in addition to and
not in lieu of any criminal prosecution and penalty.
(1)
In the event of any actual or pending violation of this article,
the Town Attorney may, in addition to other remedies, institute any
appropriate action or proceedings to prevent, restrain, correct or
abate such violation.
(2)
In addition to other remedies provided by law, any appropriate action
or proceeding, whether by legal process or otherwise, may be instituted
or taken to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use; to restrain, correct
or abate such violation; to prevent the occupancy of said building,
structure or land; or to prevent any illegal act, conduct, business
or use in or about such premises.
(3)
In addition to any fine or penalty imposed, the defendant shall pay
all costs and expenses incurred by the Town in determining such violation.
