A.
Purpose. The purpose of a Senior Housing District shall be to provide specialized living quarters for elderly and retired citizens who wish to live independently, but who prefer the advantages to be found in living in apartments designed specifically for community living of elderly citizens who do not require specialized continuing medical care. Senior Housing Districts are zoning districts created to accommodate senior housing units. They are unmapped floating districts created by the Town Board of the Town of Porter. A newly created Senior Housing District shall be drawn on the Official Zoning Map only after it has been created by the Town Board. Rezoning is required before any land may be used as a Senior Housing District. The procedure for rezoning to be used is that set forth in § 200-109.
B.
Qualifications for eligibility.
(1)
The Senior Housing District may be applied to any lot or group of
contiguous lots having a total area of at least three acres.
(2)
The surrounding land uses, both current and projected, must be compatible
with the living environment required by seniors and be free from potential
health and safety issues.
C.
Permitted uses.
(1)
Senior citizens dwelling apartments for the express habitation by
elderly persons.
(2)
Essential services, including buildings and facilities which are
reasonably necessary to meet the proper maintenance, administration,
security, off-street parking, storage, fencing, and utility system
needs of the development.
(3)
In addition, the following accessory uses are permitted, provided
that such facilities are restricted in their use to residents of the
development and their guests.
(a)
Meeting rooms, multipurpose rooms, lounges, lobby areas or other
similar common spaces.
(b)
Game rooms, art and craft rooms, workshops, exercise rooms,
libraries or other similar indoor recreation or leisure facilities.
(c)
Outdoor sitting areas, game areas, walking trails or other similar
outdoor recreation or leisure facilities.
(4)
The following accessory uses are permitted, provided that such facilities
are managed as part of the building or complex of building and restricted
in their use to residents of the building or building complex and
their guests, and further provided that there are no external advertising
signs for such facilities.
(a)
A common kitchen and dining room.
(b)
A beauty and/or barber shop, provided that the maximum floor
area devoted to such use is no more than 250 square feet.
(c)
A self-service laundry.
(d)
A coin-operated vending machine room, provided that the maximum
floor area devoted to such use is no more than 250 square feet.
(e)
Office space for a visiting doctor, medical infirmary or clinic
and/or social service delivery.
D.
Occupancy restrictions.
(1)
Occupancy of dwelling units shall be for residential purposes only.
(a)
Each dwelling unit shall be subject to a recorded deed restriction
limiting occupancy to at least one person 55 years of age or older.
(b)
Notwithstanding the provisions of this section, one unit in
a development may be occupied by a building superintendent or project
manager and his/her family.
E.
Requirements for the Senior Housing District.
(1)
Lot and yard requirements.
(a)
Minimum lot area: three acres.
(b)
Minimum lot frontage: 200 feet.
(c)
Minimum front yard setback: 60 feet.
(d)
Minimum side yard setback: 40 feet.
(e)
Minimum rear yard setback: 30 feet.
(f)
Maximum building coverage: 40%.
(g)
Maximum lot coverage: 60%.
(h)
Height: No building shall be more than 2 1/2 stories or
35 feet high.
(2)
Density. In each case, the Planning Board shall determine the appropriate
unit density. Density shall not exceed 15 dwelling units per acre.
(3)
Common open space. Usable common open space shall be provided at
the ratio of 50 square feet per dwelling unit. Such space shall consist
of both active and passive recreation amenities such as patio areas,
shaded sitting areas, walking and jogging trails.
(4)
Public services.
(a)
The following public services are required:
[1]
Public sewer.
[2]
Stormwater drainage facilities approved by the Engineer for
the Town.
[3]
A fire alarm system in each unit with an alarm interconnection
to the entire structure and an appropriate county public safety answering
point, such as the Niagara County Sheriff's Department.
[4]
Cable television service.
[5]
Telephone service.
(b)
All utilities must be placed underground.
(5)
Design standards.
(a)
Exterior design and architectural design shall provide that
no exterior building wall be more than 125 feet long without a minimum
six-foot offset.
(b)
Apartment sizes and amenities shall conform to all applicable
federal or New York State standards for housing for the well elderly
as may be established from time to time.
(c)
All exterior and architectural design plans must be approved
by the Planning Board.
(6)
Landscaping. Landscaping shall be approved by the Planning Board.
Lot areas which are not required for buildings, structures or parking
shall be landscaped with grass, decorative trees or shrubs. A plan
which shows the location and plant species of plant material shall
be provided.
(7)
Parking ratio. Parking spaces shall be provided at a ratio of 15
parking spaces per dwelling unit, and one visitor parking space per
10 dwelling units.
(8)
Outdoor storage. Any outdoor storage of garbage and rubbish shall
be in containers which are enclosed in such a way to be concealed
from the public view and inaccessible to children, dogs and vermin.
Such appropriate enclosures shall include screens, fences, stockade
fences, walls, etc.
(9)
Buffers.
(a)
A ten-foot wide landscaped area shall be provided along all
property lines, excluding points of ingress and egress and property
lines adjacent to existing commercial uses. This landscaped area shall
be densely planted with a mixture of shrubs and trees. All of these
shall be no less than six feet high to create an opaque screen.
(b)
All landscaped areas along property lines which are crossed
by access drives may be planted with low shrubs no greater than three
feet high and with a branching habit no more than eight feet wide;
further, no planting shall cause a hazardous condition by interfering
with the normal line of sight (350 feet in either direction) needed
for safe entering and exiting maneuvers by motor vehicles.
F.
Miscellaneous regulations.
(1)
In any project whereby offering plans for senior citizen multiple
residence housing are required to be filed with the New York State
Attorney General, the same must be filed with the Town Clerk not less
than 96 hours prior to the time when such offering plan shall be filed
with the New York State Attorney General.
(2)
The Planning Board may waive or modify standards, if necessary, to
comply or adjust to the requirements of state or federally funded
projects.
(3)
For all projects within this district, all parking areas, entries,
corridors, passages, utility areas and front landscaping must be provided
adequate lighting for safety purposes. Lights shall be adjusted so
as not to shine onto adjacent properties. Lights must be controlled
by a time clock or positive photo cell switching so as to ensure adequate
lighting during all dark hours.
(4)
For all projects within this district, any owner of a building or
premises used or erected as senior housing designated primarily to
provide living and dining accommodations for persons over the age
of 55 shall file with the Town Clerk a signed, sworn affidavit, on
or before the 1st of January of every year, stating that all senior
citizen multiple resident housing requirements mandated by law or
by regulations of the Town, County, State, or federal government,
or any agencies thereof, are being and will continue to be complied
with.
(5)
In any project within this district, a designated utility area shall
be provided for laundry purposes. At least one washer and one dryer
for every 10 units must be provided.
[Amended 3-8-2021 by L.L. No. 4-2021]
A.
Purpose. The purpose of this section is to establish the Niagara
River frontage in the Town of Porter as an environmental protection
area and to provide special controls over land development located
in sensitive areas within this area.
B.
District boundaries. The Niagara River Environmental Overlay District
includes all lands located between the western right-of-way line of
Lower River Road and the mean low water line of the Niagara River.
C.
Regulated activities in wetlands. No person shall conduct any of
the following regulated activities with any designated wetland area
along the Niagara River shoreline.
(1)
Any form of draining, dredging, excavation or removal of any natural
materials, directly or indirectly, from a wetland.
(2)
Any form of dumping, filling or depositing of any material either
directly or indirectly within a wetland.
(3)
The erection or placement of any structures or man-made materials
unless in compliance with permitting requirements outlined below.
(4)
Any form of pollution, including but not limited to running an outfall
or discharging sewage or other liquid wastes into a wetland.
(5)
Any activity that impairs the natural function of wetlands, whether
located within a wetland or not.
(6)
Any activity regulated by § 24-0701 of the New York State
Environmental Conservation Law, as amended or changed, and Army Corps
of Engineers regulations for activities within federal wetlands.
D.
Regulated activities on high banks. No person shall conduct any of
the following regulated activities with any high bank or bluff along
the Niagara River shoreline.
E.
Permit requirement.
(1)
No structure shall be erected or made use of except pursuant to a
special permit.
(2)
All structures and uses require a permit from the Army Corps of Engineers
and the New York State Department of Environmental Conservation.
(3)
A site plan is required showing the use of the top of the high bank,
the slope of the bank and the waterfront.
F.
Permitted uses.
(1)
Private boathouse.
(2)
Private dock on a site with at least 50 feet of river frontage for
not more than four boats for noncommercial use.
(3)
Private hunting blind.
(4)
Other private recreational structures.
(5)
The above uses shall be accessory uses to a dwelling on the same
premises, east or west of Lower River Road.
G.
Height limitations. No structure shall extend above the ground level
of the high bank of the Niagara River.
A.
Intent and purpose. The purpose of cluster development shall be to
enable and encourage flexibility of design and development of land
in such a manner as to further the goals of the Town of Porter's Comprehensive
Plan and enhance and preserve the natural and scenic qualities of
open land. This includes the preservation of a unique or significant
feature of a site such as important woods, wildlife habitat, endangered
species, unusual land formations, or an important view or aesthetic/scenic
component of the Town. In some instances, the cluster development
concept may be utilized to create an important recreational, scenic
element or open space buffer for the community. In the RA District,
cluster developments may also be used to preserve prime agricultural
land. It is not the intent of cluster development to create useless
open space that serves no purpose for the citizens of the Town. This
development alternative shall result in design and development which
promotes the most appropriate use of the land and facilitates the
adequate, economical provision of streets and utilities.
B.
Authority. Pursuant to the authority granted by § 278 of
Town Law, the Town Board of the Town of Porter does hereby authorize
the Planning Board of the Town of Porter to approve cluster development
simultaneously with the approval of a plat or plats. Approval of cluster
developments shall be subject to the conditions set forth in this
chapter and in Town Law § 278, and the subdivision approval
process set forth in the Code of the Town of Porter.
C.
Conditions. Cluster development shall not be a use allowed by right.
The procedure set forth herein and the authorization of cluster development
may be followed and allowed at the discretion of the Planning Board
if, and in the Planning Board's judgment, its application would benefit
the Town, meet the Town's goals, and the objectives and the purposes
of this article. The Planning Board may suggest submission of a cluster
development proposal, but may not require cluster development. In
addition, an applicant may request Planning Board approval for a cluster
development subject to the same criteria as set forth in this section.
D.
Limitations.
(1)
Cluster development may be allowed in the following districts, if
and when public sewer is available: LDR, MDR and RA. In the RA District,
a central sewer system may be utilized to serve the cluster subdivision
at the discretion of the Planning Board and subject to all other codes
applicable to such systems.
(2)
The utilization of cluster development shall require a minimum land
area of 10 acres.
E.
Density. A cluster development shall result in a permitted number
of building lots, which shall not exceed the maximum number which
could be permitted, in the Planning Board's judgment, in the zoning
district in which the cluster development lies.
F.
Dual plats required. At the time of submission of the sketch plan
or in the event that the developer elects or is required to submit
a preliminary plan, at the time of such submission, two plans shall
be submitted with one layout designating the layout of a standard
subdivision in the underlying zoning district and the second layout
showing the proposed cluster development.[1]
(1)
Each lot in the standard subdivision layout shall meet the minimum
lot size and lot width requirements of the Zoning Law of the Town
of Porter for the underlying zoning district.
(2)
The standard subdivision layout shall be utilized to determine the
maximum density for the cluster development and shall be consistent
with federal, state and Town laws, including, but not limited to,
laws regulating:
G.
Plat requirements. The plat showing such cluster developments shall
depict the areas within which such structures may be located with
building footprints, the height and spacing of buildings, open spaces,
and their landscaping, off-street open and enclosed parking spaces,
streets, driveways, and any other features required by the Planning
Board. The dwelling units, as permitted, may be, at the discretion
of the Planning Board, in detached, semidetached, attached or multifamily
structures.
H.
Layout limitations. Areas which would not be available for construction
on standard layout, in the judgment of the Planning Board, must be
preserved as open space on the standard subdivision layout, including,
but not limited to:[2]
(1)
Portions required for set aside for drainage basins or drainage purposes.
(2)
All streets and rights-of-way (public or private).
(3)
Major utility easements, portions of the developed area which are
not available for building because of slopes, soil conditions, or
other conditions rendering the area not suitable for development.
I.
Additional requirements. In addition to the above, cluster developments
shall meet the following criteria, which shall not be waived by the
Planning Board absent a variance from the Zoning Board of Appeals.
(1)
A cluster development shall never set aside less than 30% of the
total area of the development for common usage in accordance with
the provisions of this chapter (exclusive of lands not available for
the conventional layout).
(2)
No structure shall exceed 35 feet in height.
(3)
No structure in a cluster development shall be closer to a preexisting
street than a structure in a standard subdivision.
(4)
Frontage and lot area shall be determined by the Planning Board based
upon the permissible number of dwelling units, the open space requirements,
and compliance with the regulations of this section. However, no lot
width for a detached single-family dwelling shall be reduced to less
than 60 feet.
(5)
No rear yard shall have a depth of less than 20 feet.
(6)
The minimum width of any side yard shall be 10 feet.
(7)
All structures shall be set back a minimum distance of 45 feet from
the center line of the street.
(8)
In addition, for attached single-family dwelling units, and semidetached
and detached dwelling units and townhouse units, two-units and greater,
the following requirements shall be met:
(a)
These units shall be separated from any existing detached single-family
homes by a minimum of 100 feet. Other buffering requirements, such
as landscaped berms, may also be required.
(b)
The maximum group length of a single structure shall be 160
feet.
(c)
Proper garbage and waste collection areas must be provided and
depicted on the proposed plan.
(d)
A minimum of two off-street parking spaces shall be provided
for each unit, either on the lot of each unit or in common parking
areas available within 300 feet of the unit for which it is intended.
In certain circumstances where adequate on-street parking cannot be
provided for visitors, a visitor's parking area may be required by
the Planning Board.
(e)
Sidewalks or other types of walkways may be required along the
roadways, or connecting features within the development. Such connectivity
shall be developed as part of the project.
(f)
All electrical and telephone lines shall be placed underground
within the development.
(g)
Applications for these types of developments must include sample
architectural elevations of the buildings being proposed for the site.
In reviewing these, the Planning Board shall take into consideration
their appearance relative to surrounding uses and the impacts on the
views from surrounding properties.
(h)
All new roads and utilities being created for a condominium
ownership development shall be owned and maintained by the condominium
association unless specifically waived by the Town Board.
J.
Open space.
(1)
In reviewing proposed cluster developments, the Planning Board shall
evaluate subdivision layout with respect to scenic views, natural
landscape features, topography of the site, woodlands, wetlands, other
features of the site and other adjacent areas and shall require development
in a fashion and manner which it finds will enhance and preserve such
features, including, but not limited to:
(a)
Lands adjacent to public parks and other publicly accessible
open space.
(b)
Lands adjacent to other dedicated open space areas on adjacent
parcels.
(c)
Buffer lands between adjacent active agricultural uses, industrial
uses, commercial uses and residential development.
(d)
Lands adjacent to important streams, rivers and creeks.
(2)
The Planning Board may require additional amenities, enhancement
of, changes to configuration of and location of open space, to enhance
the benefits to the residents and/or the Town derived from the cluster
development. Failure or refusal to include such requirements shall
result in disapproval of the proposed plan.
(3)
The community open spaces shall be clearly depicted upon the subdivision
plan and shall be provided in as large a contiguous land area as possible.
The developer shall illustrate on the subdivision plan all improvements
to the community open space, including trails, landscaping, incorporation
of natural features, recreational facilities, structures, including
clubhouses, pools, tennis courts, etc.
(4)
As part of the preliminary plan, the developer shall specify the
type of development (condominium, townhouse, landowner's association,
etc.) and shall offer basic regulations which will be incorporated
into the open space plan.
(5)
At the time of final subdivision approval, the developer shall include
a draft of the homeowners' association, condominium offering, or other
method utilized to preserve the community open space. Said documents
shall clearly provide for a means to fund and preserve the common
areas in the intended fashion. Any final approval shall be conditioned
on approval of the documents by the Town Attorney, proper recording,
and adequate funding of the legal entity controlling common areas.
(6)
All improvements to the community open spaces required to enhance,
preserve and make accessible shall be a condition of approval and
shall be completed prior to issuance of any building permits in the
development. Where the Planning Board finds it necessary, it shall
require the posting of a bond or cash deposit in an amount necessary
to assure completion and maintenance until the homeowners' association
is sufficiently funded to assure such maintenance.
K.
Further restrictions.
(1)
The provision of this section shall not be deemed to authorize a
change in the permissible use of such lands as provided elsewhere
in the Zoning Law of the Town of Porter applicable to such lands.
(2)
Nothing herein shall supersede any requirements of the subdivision
regulations in effect, which may impose additional requirements upon
the developer for approval of the proposed subdivision.
(3)
Further subdivision of an approved cluster development shall not
be allowed. This shall be indicated on the final subdivision plat
and recorded with Niagara County.
|
Cluster Developments in Zoning Districts
|
[Added 3-8-2021 by L.L. No. 3-2021]
A.
Purpose. The purpose of this section is to establish the Lake Ontario
shoreline in the Town of Porter as an environmental protection area
and to provide special controls over land development located in sensitive
areas within this overlay district.
B.
District boundaries. The Lake Ontario Environmental Overlay District
includes all lands located between Lake Road and the mean low water
line or all lands within 500 feet of the mean low water in areas where
Lake Road extends further inland.
C.
Regulated activities in wetlands. No person shall conduct any of
the following regulated activities within any designated wetland area
within the Lake Ontario Environmental Overlay District.
(1)
Any form of draining, dredging, excavation or removal of any natural
materials, directly or indirectly, from a wetland.
(2)
Any form of dumping, filling or depositing of any material either
directly or indirectly within a wetland.
(3)
The erection or placement of any structures or man-made materials
unless in compliance with permitting requirements outlined below.
(4)
Any form of pollution, including but not limited to running an outfall
or discharging sewage or other liquid wastes into a wetland.
(5)
Any activity that impairs the natural function of wetlands, whether
located within a wetland or not.
(6)
Any activity regulated by § 24-0701 of the New York State
Environmental Conservation Law, as amended or changed, and by the
Army Corps of Engineers regulations for activities within federal
wetlands.
D.
Regulated activities on bluffs or high banks. No person shall conduct
any of the following regulated activities on any bluff or high bank
within the Lake Ontario Environmental Overlay District without direct
approval or a permit from the Town of Porter or the New York State
Department of Environmental Conservation.
(1)
Excavating, grading or mining of bluffs is prohibited, except where:
(a)
The minor alteration of a bluff is done in accordance with conditions
stated in a coastal erosion management permit issued for the construction
of erosion protection structures;
(b)
The normal maintenance of structures, or restoration of existing
structures that are damaged or destroyed by events not related to
coastal flooding and erosion, is authorized by the New York State
Department of Environmental Conservation.
(2)
New construction, modification or restoration of erosion protection
structures, walkways and stairways.
(3)
Disturbance of active bird nesting and breeding areas unless such
disturbance is pursuant to a specific wildlife management activity
approved by the New York State Department of Environmental Conservation.
(4)
The construction or placement of any sewage disposal systems, including
individual septic tanks or septic drainage or leach fields.
(5)
Discharge of stormwater and/or construction and placement of stormwater
runoff systems.
(6)
Construction of new buildings or structures or additions and modifications
to existing buildings and structure within 25 feet of the receding
edge of a bluff or in areas with slopes exceeding 15%.
(7)
Planting of stabilizing vegetation landward of the receding edge
of bluffs and high banks, or in combination with other measures at
the toe of a bluff or high bank, as a nonstructural means of erosion
protection is encouraged.
E.
Regulated activities on nearshore areas and beaches. No person shall
conduct any of the following regulated activities on or within any
beach or nearshore areas within the Lake Ontario Environmental Overlay
District without direct approval or a permit from the Town of Porter
or the New York State Department of Environmental Conservation.
(1)
Excavating, grading or mining that would diminish the erosion protection
afforded by beaches or nearshore areas.
(2)
All development is prohibited on beaches or within nearshore areas.
(3)
A coastal erosion management permit is required for new construction,
modification or restoration of docks, seawalls, bulkheads, and revetments.
[Added 3-8-2021 by L.L. No. 5-2021]
A.
Title. This section will be known as the "Town of Porter Local Waterfront
Revitalization Program (LWRP) Consistency Review Law."
B.
Authority and purpose.
(1)
This section is adopted under the authority of the Municipal Home
Rule Law and the Waterfront Revitalization of Coastal Areas and Inland
Waterways Act of the State of New York (Article 42 of the Executive
Law).
(2)
The purpose of this section is to provide a framework for agencies
of the Town of Porter to incorporate the policies and purposes contained
in the Town of Porter Local Waterfront Revitalization Program (LWRP)
when reviewing applications for actions or direct agency actions within
the Waterfront Revitalization Area (WRA); and to assure that such
actions and direct actions by Town agencies are consistent with the
LWRP policies and purposes.
(3)
It is the intention of the Town of Porter that the preservation,
enhancement and utilization of the unique waterfront of the Town take
place in a coordinated and comprehensive manner to ensure a proper
balance between protection of natural resources and the need to accommodate
growth and economic development. Accordingly, this section is intended
to achieve such a balance, permitting the beneficial use of waterfront
resources while preventing: loss and degradation of living waterfront
resources and wildlife; diminution of open space areas or public access
to the waterfront; adverse impacts to public recreation facilities
and amenities; disruption of natural waterfront processes; impairment
of scenic, cultural or historical resources; losses due to flooding,
erosion and sedimentation; impairment of water quality; or permanent
adverse changes to ecological systems.
(4)
The substantive provisions of this section shall only apply when
there is in existence a Town of Porter Local Waterfront Revitalization
Program which has been adopted in accordance with Article 42 of the
Executive Law of the State of New York.
C.
ACTION
(1)
(2)
(3)
(4)
AGENCY
CODE ENFORCEMENT OFFICER
CONSISTENT
DIRECT ACTIONS
ENVIRONMENT
LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP
MINOR ACTIONS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
WATERFRONT ASSESSMENT FORM or WAF
WATERFRONT REVITALIZATION AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Include all the following, except minor actions:
Projects or physical activities, such as construction or any
other activities that may affect natural, man-made or other resources
in the WRA or the environment by changing the use, appearance or condition
of any resource or structure that:
Agency planning and policymaking 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
may affect WRA resources or the environment; and
Any combination of the above.
Any board, agency, department, office, other body, or officer
of the Town of Porter.
The Building Inspector or Code Enforcement Office of the
Town of Porter who is responsible for coordinating the review of actions
proposed in the WRA for consistency with the Town of Porter LWRP.
The action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
Actions planned and proposed for implementation by an agency,
such as, but not limited to, a capital project, rulemaking, procedure
making and policymaking.
All conditions, circumstances and influences surrounding
and affecting the development of living organisms or other resources
in the waterfront area.
The Local Waterfront Revitalization Program adopted by the
Town of Porter and 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 Clerk of the Town of Porter.
Include the following actions, which are not subject to review
under this section:
Maintenance or repair involving no substantial changes to 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 located within designated coastal erosion hazard areas or in areas designated by the Flood Damage Prevention Law (Chapter 93 of the Town Code) where structures may not be replaced, rehabilitated or reconstructed without a permit and, where required, modifications in accordance with the law;
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,
or within significant coastal fish and wildlife habitat areas;
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature;
Minor temporary uses of land having negligible or no permanent
impact on WRA 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, building
inspection studies, engineering studies, surveys, subsurface investigations
and soils studies that do not commit the agency to undertake, fund
or approve any Type I or unlisted action;
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;
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
Conducting concurrent environmental, building inspection, 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 de-icing 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
entities or permits the project sponsor to commence the action unless
and until all requirements of this section 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 LWRA 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 section; and
Local legislative decisions, such as rezoning, where the Porter
Town Board determines the action will not be approved.
The form appended to this section,[1] used by an agency or other entity to assist in determining
the consistency of an action with the Town of Porter Local Waterfront
Revitalization Program.
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 Porter, as shown on the
coastal area map on file in the office of the Secretary of State and
as delineated in the Porter Waterfront Revitalization Program.
[1]
Editor's Note: Said form is on file in the Town offices.
D.
Management and coordination of the LWRP.
(1)
The Town of Porter Code Enforcement Officer shall be responsible
for overall management and coordination of the LWRP.
(2)
The Code Enforcement Officer, in consultation with the Town Planning
Board as necessary, shall inform the Town Board on implementation
priorities, work assignments, timetables and budgetary requirements
of the LWRP. The Code Enforcement Officer shall also act in the capacity
of liaison between the Town Board and Town agencies to further the
implementation of the LWRP.
(3)
The Town of Porter Code Enforcement Officer shall advise and assist
applicants and make consistency review recommendations to the appropriate
agencies 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 Porter waterfront area without
the issuance of a written determination of consistency.
(4)
The Code Enforcement Officer shall coordinate with the New York State
Department of State regarding the consistency review of actions proposed
by federal agencies, local agencies and other state agencies. Coordination
shall include the provision of an informal opinion on the proposed
action to the NYSDOS, at their request, within 15 days of said request,
regardless of any requirement for a local consistency decision.
(5)
The Code Enforcement Officer, with assistance as needed from the
Town Planning Board, shall coordinate with the Town Grants Consultant
and Town Engineer to assist the Town Board in making applications
for funding from state, federal, or other sources to finance projects
under the LWRP.
(6)
The Code Enforcement Officer, with assistance from the Planning Board
as required, shall prepare an annual report on progress achieved and
problems encountered in implementing the LWRP and recommend actions
necessary for further implementation to the Town Board and Waterfront
Advisory Committee, if such a committee has been designated with LWRP
oversight.
(7)
The Code Enforcement Officer shall perform other functions regarding
the waterfront area and direct such actions or projects as the Town
Board may deem appropriate to implement the LWRP.
(8)
In order to foster a strong relationship and maintain an active liaison
among the agencies responsible for implementation of the LWRP, and
to ensure that the LWRP continues to meet the needs of the community,
the Code Enforcement Officer or official designee shall schedule,
at least semiannually, an LWRP coordinating workshop, including but
not limited to representatives of the Town Board, Planning Board,
Zoning Board of Appeals, and such other departments or individuals
charged with LWRP implementation.
E.
Review of actions.
(1)
Whenever a proposed action is located in the Waterfront Revitalization Area, the appropriate Town agency shall, prior to approving, funding or undertaking the action, make a determination that the action is consistent with the LWRP policy standards, which are summarized in Subsection E(10) below. No action in the Waterfront Revitalization Area shall be approved, funded or undertaken by an agency without such a determination.
(2)
The Code Enforcement Officer shall be responsible for coordinating
the review of actions in the Town of Porter Waterfront Revitalization
Area with the LWRP and will advise, assist and make consistency recommendations
for other Town agencies for the implementation of the LWRP and its
policies and projects, including physical, legislative, regulatory,
administrative and other actions included in the program.
(3)
Whenever the Town receives an application for the approval or funding
of an action, or as early as possible in any agency's formulation
of a direct action to be undertaken in the waterfront area, the application
and all project information, along with a copy of the completed waterfront
assessment form (WAF) and environmental assessment form, shall be
provided to the Code Enforcement Officer for review for completeness.
Where necessary, the Code Enforcement Officer will request additional
materials or revisions to the application documentation to meet submittal
requirements.
(4)
The Code Enforcement Officer, in referring applications for approval, funding or direct action to an agency, shall provide recommendations for consistency determination. These recommendations shall indicate whether, in the opinion of the Code Enforcement Officer, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives outlined in Subsection E(10), below, and shall elaborate in writing the basis for this opinion. The Code Enforcement Officer shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them.
(5)
If an action requires the approval of more than one agency, decisionmaking
will be coordinated between the agencies as to which agency will conduct
the final consistency review and determination and, thereafter, act
as the designated consistency review agency. Only one WAF per action
will be prepared. If the agencies cannot agree on which one should
take the lead, the Code Enforcement Officer shall designate the consistency
review agency.
(6)
Upon the recommendations of the Code Enforcement Officer, the agency
shall review the application documentation in accordance with this
section and the LWRP policy standards and consider whether the proposed
action is consistent with the LWRP. Prior to making a final determination
of consistency, the agency shall consider the consistency review recommendations
of the Code Enforcement Officer. The Town agency shall render its
written determination based on the information contained in the WAF,
the Code Enforcement Officer's recommendation and such other information
as is deemed necessary to its determination. No approval or decision
shall be rendered for an action in the Waterfront Revitalization Area
without a determination of consistency, as made by the designated
agency.
(7)
The Zoning Board of Appeals is the designated agency for the determination
of consistency for variance applications subject to this section.
The Zoning Board of Appeals shall consult with the Town Code Enforcement
Officer and consider written consistency recommendations of this entity
prior to making a decision to grant any variance for any action proposed
in the Waterfront Revitalization Area and shall impose appropriate
conditions on the variance to make the proposed activity consistent
with the LWRP policy standards and objectives.
(8)
Where an environmental impact statement (EIS) is being prepared or required pursuant to SEQRA, the draft EIS must identify applicable LWRP policy standards summarized in Subsection E(10) below and must include a discussion of the effects of the proposed action on such policy standards. No agency shall make a final decision on an action that has been the subject of a final EIS and is located in the waterfront area until the agency has made a written finding of consistency review, in accordance with the provisions of this section.
(9)
In the event the Code Enforcement Officer's recommendation is that
the action is inconsistent with the LWRP, and the agency makes a contrary
determination of consistency, said agency shall elaborate in writing
the basis for its disagreement with the recommendation and state the
manner and extent to which the action is inconsistent with the LWRP
policy standards. Where an action is found to be inconsistent with
one or more LWRP policy standards, such action shall not be approved,
funded or undertaken unless modified to be consistent with the LWRP,
as determined by the reviewing agency.
(10)
Actions to be undertaken within the Waterfront Revitalization
Area shall be evaluated for consistency in accordance with the following
LWRP policy standards, which are further explained and described in
the Town of Porter LWRP, a copy of which is posted on the Town's website
and is on file in the Town Clerk's office and available for inspection
during normal business hours. Applicants that undertake direct actions
must also consult with the Town of Porter Code Enforcement Officer
in making their consistency determination. All actions proposed within
the Town of Porter waterfront area must be consistent with the LWRP
policies outlined below.
|
DEVELOPMENT POLICIES
| |
|---|---|
|
Policy 1
|
Restore, revitalize, and redevelop deteriorated and underutilized
waterfront areas for commercial, industrial, cultural, recreational,
and other compatible uses
|
|
Policy 1A
|
Promote uses that serve as a catalyst to private investment
and are compatible with the character of the area
|
|
Policy 2
|
Retain, develop and promote water-dependent uses and facilities
on or adjacent to coastal waters
|
|
Policy 2A
|
Promote water-enhanced uses that support and don't complete
for space with nearby water-dependent commercial and recreational
uses
|
|
Policy 3
|
Ensure that development occurs in areas where public infrastructure
essential to support such development is available
|
|
Policy 3A
|
Residential development will be encouraged in areas located
north and south of the Village of Youngstown where adequate public
infrastructure exists to support it
|
|
Policy 4
|
Streamline and expedite permit procedures to facilitate development
activities at suitable locations
|
|
FISH AND WILDLIFE POLICIES
| |
|
Policy 5
|
Significant coastal fish and wildlife habitats will be protected,
preserved, and, where practical, restored to maintain their viability
as habitats
|
|
Policy 5A
|
The Four Mile Creek Bay Significant Coastal Fish and Wildlife
Habitat shall be protected, preserved, and, where practical, restored
to maintain its viability as a habitat
|
|
Policy 6
|
Protect fish and wildlife resources in the coastal area from
the introduction of hazardous wastes and other pollutants which bio-accumulate
in the food chain or which cause significant sublethal or lethal effects
on those resources
|
|
Policy 7
|
Expand recreational use of fish and wildlife resources in coastal
areas by increasing access to existing resources, supplementing existing
stocks, and developing new resources
|
|
FLOODING AND EROSION POLICIES
| |
|
Policy 8
|
Buildings and other structures will be sited in the Porter WRA
to minimize damage to property and the endangering of human lives
caused by flooding and erosion
|
|
Policy 9
|
Activities or development in the coastal area will be undertaken
to minimize damage to natural resources and property from flooding
and erosion by protecting natural protective features, including beaches,
dunes, barrier islands and bluffs
|
|
Policy 10
|
The construction or reconstruction of erosion protection structures
shall be undertaken only if they have a reasonable probability of
controlling erosion for at least 30 years as demonstrated in design
and construction standards and/or assured maintenance or replacement
programs
|
|
Policy 11
|
Activities and development, including the construction or reconstruction
of erosion protection structures, shall be undertaken so that there
will be no measurable increase in erosion or flooding at the site
of such activities or development, or at other locations
|
|
Policy 12
|
Mining, excavation or dredging in the Porter WRA shall not significantly
interfere with the natural coastal processes which supply beach materials
to land adjacent to such waters and shall be undertaken in a manner
which will not cause an increase in erosion of such land
|
|
Policy 13
|
Public funds shall only be used for erosion protective structures
where necessary to protect human life, and new development which requires
a location within or adjacent to an erosion hazard area to be able
to function, or existing development; and only where the public benefits
outweigh the long-term monetary and other costs, including the potential
for increasing erosion and adverse effects on natural protective features
|
|
Policy 14
|
Nonstructural measures to minimize damage to natural resources
and property from flooding and erosion shall be used whenever possible
|
|
GENERAL POLICY
| |
|
Policy 15
|
To safeguard the vital economic, social and environmental interests
of the state and of its citizens, proposed major actions in the Porter
WRA must give full consideration to those interests, and to the safeguards
that the state has established to protect valuable coastal resource
areas
|
|
PUBLIC ACCESS POLICIES
| |
|
Policy 16
|
Protect, maintain, and increase the level and types of access
to public water-related recreation resources and facilities
|
|
Policy 17
|
Access to the publicly owned foreshore and to lands immediately
adjacent to the foreshore or the water's edge that are publicly owned
shall be provided, and it shall be provided in a manner compatible
with adjoining uses
|
|
RECREATION POLICIES
| |
|
Policy 18
|
Water-dependent and water-enhanced recreation will be encouraged
and facilitated, and will be given priority over non-water-related
used along the coast
|
|
Policy 18A
|
Maintain, and, where appropriate, expand, water-dependent recreational
uses and facilities
|
|
Policy 19
|
Development, when located adjacent to the shore, will provide
for water-related recreation, whenever such use is compatible with
reasonably anticipated demand for such activities, and is compatible
with the primary purpose of the development
|
|
HISTORIC AND SCENIC RESOURCES POLICIES
| |
|
Policy 20
|
Protect, enhance and restore structures, districts, areas or
sites that are of significance in the history, architecture, archaeology
or culture of the state, its communities, or the nation
|
|
Policy 21
|
Protect, restore or enhance natural and man-made scenic resources
that are not identified as being of statewide significance, but that
contribute to the overall scenic quality of the Porter WRA
|
|
AGRICULTURAL LANDS POLICY
| |
|
Policy 22
|
Conserve and protect agricultural lands in the Porter WRA
|
|
ENERGY AND ICE MANAGEMENT POLICIES
| |
|
Policy 23
|
Decisions on the siting and construction of major energy facilities
in the Porter WRA will be based on public energy needs, compatibility
of such facilities with the environment, and the facility's need for
a shorefront location
|
|
Policy 24
|
Ice management practices shall not interfere with the production
of hydroelectric power, damage significant fish and wildlife and their
habitats, or increase shoreline erosion or flooding
|
|
Policy 25
|
The development of offshore uses and resources, including renewable
energy resources, shall accommodate New York State's long-standing
ocean and Great Lakes industries, such as commercial and recreational
fishing and maritime commerce, and the ecological functions of habitats
important to New York
|
|
WATER AND AIR RESOURCES POLICIES
| |
|
Policy 26
|
Municipal, industrial, and commercial discharge of pollutants,
including, but not limited to, toxic and hazardous substances, into
coastal waters will conform to state and national water qualify standards
|
|
Policy 27
|
State coastal area policies and management objectives of approved
local waterfront revitalization programs will be considered while
reviewing coastal water classifications and while modifying water
quality standards; however, those waters already overburdened with
contaminants will be recognized as being a development constraint
|
|
Policy 28
|
Encourage the use of alternative or innovative sanitary waste
systems in small communities where the costs of conventional facilities
are unreasonably high, given the size of the existing tax base of
these communities
|
|
Policy 29
|
Best management practices will be used to ensure the control
of stormwater runoff and combined sewer overflows draining into coastal
waters
|
|
Policy 30
|
Discharge of waste materials into coastal waters from vessels
subject to state jurisdiction will be limited to protect significant
fish and wildlife habitats, recreational areas and water supply areas
|
|
Policy 31
|
Dredging and filling in coastal waters and disposal of dredged
material will be undertaken in a manner that meets existing state
dredging permit requirements, and protects significant fish and wildlife
habitats, scenic resources, natural protective features, important
agricultural lands, and wetlands
|
|
Policy 32
|
Activities related to the shipment and storage of petroleum
and other hazardous materials will be conducted in a manner that will
prevent or at least minimize spills into coastal waters; all practicable
efforts will be undertaken to expedite the cleanup of such discharges;
and restitution for damages will be required when these spills occur
|
|
Policy 33
|
Best management practices will be utilized to minimize the nonpoint
discharge of excess nutrients, organics and eroded soils into coastal
waters
|
|
Policy 34
|
The transport, storage, treatment and disposal of solid wastes,
particularly hazardous wastes, within the Porter WRA will be conducted
in such a manner to protect groundwater and surface water supplies,
significant fish and wildlife habitats, recreation areas, important
agricultural land, and scenic resources
|
|
Policy 35
|
Land use or development in the coastal area will not cause national
or state air quality standards to be violated
|
|
Policy 36
|
Coastal management policies will be considered if the state
reclassifies land areas pursuant to the Prevention of Significant
Deterioration regulations of the Federal Clean Air Act
|
|
WETLANDS POLICY
| |
|
Policy 37
|
Preserve and protect tidal and freshwater wetlands and preserve
the benefits derived from these areas
|
F.
Enforcement. The Town Attorney and Town Code Enforcement Officer
shall be responsible for enforcing this section. No action within
the Town of Porter Waterfront Revitalization Area, which is subject
to review under this section, shall proceed until a written determination
has been issued from the designated 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 section 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.
G.
Violations; penalties for offenses.
(1)
A person who violates any of the provisions of, or who fails to comply
with any condition imposed by, this section 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. For the purpose of conferring jurisdiction
upon courts and judicial officers, each week of continuing violation
shall constitute a separate additional violation.
(2)
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this section. Any
civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.
