This chapter will be known as the "Town of Busti Waterfront
Consistency Law."
As used in this chapter, the following terms shall have the
meanings indicated.
ACTION
All of the following, except minor actions, that are undertaken
by an agency:
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 are:
(1)
Directly undertaken by an agency;
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals from an agency
or agencies.
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, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
my affect the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the Town of Busti.
CONSISTENT
Consistent with the LWRP policy standards and conditions
and, whenever practicable, advancing one or more of them.
DIRECT ACTION
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.
ENVIRONMENT
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.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
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.
MINOR ACTION
Includes the following:
A.
Maintenance or repair involving no substantial changes in an
existing structure or facility;
B.
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;
C.
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
D.
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
E.
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected;
F.
Granting of individual setback and lot-line variances, except
in relation to a regulated natural feature, a bulkhead or other shoreline
defense structure;
G.
Minor temporary uses of land having negligible or no permanent
impact on coastal resources or the environment;
H.
Installation of traffic-control devices on existing streets,
roads and highways;
I.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
J.
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;
K.
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;
L.
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
M.
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;
N.
Collective bargaining activities;
O.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
P.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
Q.
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;
R.
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
S.
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;
T.
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;
U.
Adoption of a moratorium on land development or construction;
V.
Interpreting an existing code, rule or regulation;
W.
Designation of local landmarks or their inclusion within historic
districts;
X.
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
Y.
Local legislative decisions, such as rezoning, where the Town
Board determines the action will not be approved.
WATERFRONT AREA
The Waterfront Revitalization Area delineated within the
Town of Busti in the Chautauqua Lake Local Waterfront Revitalization
Program.
WATERFRONT ASSESSMENT FORM (WAF)
The form used by an agency to assist it in determining the
consistency of an action with the local waterfront revitalization
program.
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.