[Adopted 10-19-2011 by L.L. No. 8-2011]
This article will be known as the "Town of Evans Local Waterfront
Revitalization Program (LWRP) Consistency Review Law."
As used in this article, the following terms shall have the
meanings indicated:
ACTIONS
Include all of 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.
The 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 public board, agency, department, office, other body,
or officer thereof.
COASTAL AREA
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 Evans, as shown on the
coastal area map on file in the office of the Secretary of State and
as delineated in the Town of Evans Local Waterfront Revitalization
Program (LWRP).
CONSISTENT
That 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, 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 Local Waterfront Revitalization Program of the Town of
Evans, 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 Evans.
MINOR ACTIONS
Include the following actions, which are not subject to review
under this article:
A.
The 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.
The 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.
The granting of individual setback and lot line variances, except
in relation to a regulated natural feature or a seawall or other shoreline
erosion protection structures;
E.
Minor, temporary uses of land having negligible or no permanent
impact on waterfront resources or the environment;
F.
The installation of traffic control devices on existing streets,
roads and highways;
G.
The 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
does 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
that 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.
The purchase or sale of furnishings, equipment or supplies,
including surplus government property, other than the following: land,
radioactive material, pesticides, herbicides, the storage of road
deicing substances, or other hazardous materials;
P.
The 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.
The adoption of a moratorium on land development or construction;
T.
Interpreting an existing code, rule or regulation;
U.
The 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 Evans determines that the action will not be approved.
WATERFRONT AREA
The waterfront revitalization area delineated in the Town's
Local Waterfront Revitalization Program.
WATERFRONT ASSESSMENT FORM (WAF)
The form, a sample of which is appended to this article, used by an agency or other entity to assist in determining
the consistency of an action with the Local Waterfront Revitalization
Program.
The Town Planning Division, in consultation with the Town Code
Enforcement Office, shall:
A. Be responsible for coordinating the review of actions proposed within
the Town's waterfront area for consistency with the LWRP. It
will advise and assist applicants and make consistency determinations
for the implementation of the LWRP, its policies and projects, including
physical, legislative, regulatory, administrative and other actions
included in the program. No approval or decision shall be rendered
for a proposed action in the Evans waterfront area without the issuance
of a written determination of consistency from the Town.
B. Coordinate with the New York State Department of State on the consistency
review of actions proposed by federal and other state agencies.
C. Assist the Town Board in making applications for funding from state,
federal, or other sources to finance projects under the LWRP.
D. Perform other functions regarding the waterfront area and direct
such actions or projects as the Town Board may deem appropriate to
implement the LWRP.