[HISTORY: Adopted by the Town Board of the Town of Busti 4-21-2008 by L.L. No.
1-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 405.
This chapter will be known as the "Town of Busti Waterfront
Consistency Law."
A.
This chapter is adopted under the authority of the Municipal Home
Rule Law § 10 and the Waterfront Revitalization of Coastal
Areas and Inland Waterways Act of the State of New York (Article 42
of the Executive Law).
B.
The purpose of this chapter is to provide a framework for agencies
of the Town of Busti to consider the policies and purposes contained
in the Chautauqua Lake Local Waterfront Revitalization Program (LWRP)
when reviewing applications for actions or undertaking direct agency
actions in the waterfront area and to assure that such actions are
consistent therewith.
C.
It is the intention of the Town of Busti to preserve, enhance and
use the natural and man-made resources of the unique waterfront areas
of the Town in a coordinated and comprehensive manner, to ensure a
proper balance between such natural resources and the accommodation
of population growth and economic development. This chapter is intended
to achieve such a balance, permitting the beneficial use of waterfront
resources while preventing loss of fish and wildlife, diminution of
open space areas or public access to the waterfront, erosion of shoreline,
losses due to flooding, erosion and sedimentation, impairment of water
quality, impairment of scenic, cultural or historic resources, and
permanent adverse changes to ecological systems.
D.
The substantive provisions of this chapter shall only apply while
there is in existence a local waterfront revitalization program that
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.
All of the following, except minor actions, that are undertaken
by an agency:
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 are:
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, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
my affect the environment; and
Any combination of the above.
Any board, agency, department, office, other body, or officer
of the Town of Busti.
Consistent with the LWRP policy standards and conditions
and, whenever practicable, advancing one or more of them.
An action 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 physical conditions that will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
resources of agricultural, archaeological, historic or aesthetic significance,
existing patterns of population concentration, distribution or growth,
existing community or neighborhood character, and human health.
The Chautauqua Lake Local Waterfront Revitalization Program,
in which the Town of Busti is included, 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 Town Clerk's office.
Includes the following:
Maintenance or repair involving no substantial changes in an
existing structure or facility;
Replacement, rehabilitation or reconstruction of a structure
or facility, in kind, on the same site, including upgrading buildings
to meet building or fire codes, except for structures in areas designated
by the Coastal Erosion Hazard Area (CEHA) Law where structures may
not be replaced, rehabilitated or reconstructed without a permit;
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected;
Granting of individual setback and lot-line variances, except
in relation to a regulated natural feature, a bulkhead or other shoreline
defense structure;
Minor temporary uses of land having negligible or no permanent
impact on coastal resources or the environment;
Installation of traffic-control devices on existing streets,
roads and highways;
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
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;
Official acts of a ministerial nature involving no exercise
of discretion, including building where issuance is predicated solely
on the applicant's compliance or noncompliance with the relevant
local building code;
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
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;
Collective bargaining activities;
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, storage of road deicing substances,
or other hazardous materials;
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
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 chapter have been fulfilled;
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;
Adoption of a moratorium on land development or construction;
Interpreting an existing code, rule or regulation;
Designation of local landmarks or their inclusion within historic
districts;
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 coastal 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 chapter; and
Local legislative decisions, such as rezoning, where the Town
Board determines the action will not be approved.
The Waterfront Revitalization Area delineated within the
Town of Busti in the Chautauqua Lake Local Waterfront Revitalization
Program.
The form used by an agency to assist it in determining the
consistency of an action with the local waterfront revitalization
program.
A.
Whenever a proposed action is located in the waterfront area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in § 397-5 hereof. No action in the waterfront area shall be approved, funded or undertaken by that agency without such a determination.
B.
Whenever an agency receives an application for approval or funding
of an action or as early as possible in the agency's formulation
of a direct action within the waterfront area, the applicant or, in
the case of a direct action, the agency shall prepare a waterfront
assessment form (WAF) to assist with the consistency review.
C.
The agency shall refer a copy of the completed WAF to the Town Planning
Board within 10 days of its receipt and, prior to making its determination,
shall consider the recommendation of the Town Planning Board about
the consistency of the proposed action.
D.
Upon receiving a referral from an agency, the Town Planning Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in § 397-5 hereof, as follows:
(1)
The Planning Board shall render a written recommendation to the agency
within 30 days following referral of the WAF from the agency, unless
such time is extended by mutual agreement of the Board and the applicant
or, in the case of a direct action, the agency.
(2)
The Planning Board may require the applicant to submit all completed
applications, WAFs and any other information deemed necessary for
such consideration.
(3)
The recommendation shall indicate whether the proposed action is
consistent or inconsistent with one or more of the LWRP policy standards
or conditions and the basis of the opinion.
(4)
The Planning Board also shall make any suggestions to the agency
concerning modification of the proposed action to make it consistent
with the LWRP policy standards and conditions or to greater advance
them.
(5)
If the Planning Board does not timely render its recommendation,
the referring agency may make its determination without the benefit
of the Board's recommendation.
E.
If the agency and the Town Planning Board concur in the consistency
of the proposed action, the agency may proceed with the action. If
the agency disagrees with the recommendation, the agency shall within
10 days prepare and transmit to the Planning Board a written finding
detailing its position. The Board and the agency shall meet to resolve
their differences within 15 days of the Board's receipt of the
agency's finding.
F.
If the Board and the agency cannot reach a mutually agreeable determination
of consistency, the matter will be referred to the Town Board for
a finding of consistency. The agency shall take no action until the
Town Board has made a determination and finding of consistency with
the LWRP and policy standards.
(1)
Where the Zoning Board of Appeals is the agency this subsection shall
not apply, but the Zoning Board of Appeals shall consider the consistency
recommendation of the Planning Board and policy standards when reviewing
and considering an application for a variance or special use permit.
(2)
Where the Town Board is the agency this subsection shall not apply,
but the Town Board shall consider the consistency recommendation of
the Planning Board and policy standards when making its final determination.
G.
Where an action involves the preparation of an environmental impact statement (EIS) for purposes of environmental review, the draft EIS shall identify applicable LWRP policy standards in § 397-5 and thoroughly discuss the effects of the proposed action on such policy standards.
H.
The Town Clerk shall maintain a file for each action subject to a
consistency determination, which shall include any recommendation
received from the Town Planning Board, and such files shall be kept
open for public inspection upon request.
A.
Actions to be undertaken within the waterfront 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 Chautauqua Lake LWRP, a copy of which is on
file in Town Clerk's office and available for inspection during
normal business hours.
B.
In the case of direct actions, the agency shall also consult with
Section IV of the LWRP in making its consistency determination.
C.
The action shall be consistent with policies to:
(1)
Foster a pattern of development in the waterfront area that enhances
community character, preserves open space, makes efficient use of
infrastructure, makes beneficial use of a waterfront location, and
minimizes adverse effects of development. (Policy 1)
(2)
Preserve historic resources of the waterfront area of Chautauqua
Lake. (Policy 2)
(3)
Enhance visual quality and protect scenic resources in the Chautauqua
Lake area. (Policy 3)
(4)
Minimize loss of life, structures and natural resources from flooding
and erosion. (Policy 4)
(5)
Protect and improve water resources. (Policy 5)
(6)
Protect ecological resources around Chautauqua Lake, including important
fish habitats, wetlands and rare ecological communities. (Policy 6)
(7)
Protect and improve air quality in the Chautauqua Lake area. (Policy
7)
(8)
Minimize environmental degradation in the Chautauqua Lake communities
from solid waste and hazardous substances and wastes. (Policy 8)
(9)
Provide for public access to, and recreational use of, waterfront,
public lands, and public resources of the waterfront area. (Policy
9)
(10)
Protect Chautauqua Lake's water-dependent uses and promote
siting of new water-dependent uses in suitable locations. (Policy
10)
(11)
Promote the sustainable use of fish resources in Chautauqua
Lake. (Policy 11)
(12)
Protect existing agricultural lands in and adjacent to the Chautauqua
Lake Waterfront Revitalization Area. (Policy 12)
(13)
Promote appropriate use and development of energy and mineral
resources. (Policy 13)
No action within the waterfront area that is subject to review
under this chapter 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 chapter or any conditions
imposed thereunder, the Code Enforcement Officer or any other authorized
official of the Town 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. The Town
Attorney, Code Enforcement Officer and Police Department shall be
responsible for enforcing this chapter.
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 $250 for a conviction
of a first offense and punishable by a fine of $500 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 additional 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.
