This chapter shall be known as the "Town of Delaware Waterfront
Consistency Review Law."
ACTIONS
Either Type I or unlisted actions as defined in SEQRA regulations
(6 NYCRR 617.2), which are undertaken by an agency and which include:
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:
(1)
Are directly undertaken by an agency; or
(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
may affect the environment.
D.
Any proposed action within the Town's local waterfront
revitalization area that requires site plan review and approval by
the Town of Delaware.
E.
Any combinations of the above.
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This law does not apply to Type II, excluded or exempt, actions
as defined in the SEQRA regulations at 6 NYCRR Part 617.
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AGENCY
Any board, agency, department, office, other body or officer
of the Town of Delaware.
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 Delaware, as shown on
the Coastal Area Map on file in the office of the Secretary of State
and as delineated in the Town of Delaware Local Waterfront Revitalization
Program.
COASTAL ASSESSMENT FORM (CAF)
The form used by an agency to assist it in determining the
consistency of an action with the Town of Delaware Local Waterfront
Revitalization Program.
CONSISTENT
Means the action will fully comply with the LWRP policy standards
and conditions and, whenever practicable, will advance one or more
of them.
DIRECT ACTIONS
Actions planned and proposed for implementation by an agency,
such as but not limited to a capital project, rule making, procedure
making and policy making.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Town of
Delaware, 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 Delaware.
The LWRP Advisory Committee is authorized to review and make
recommendations to appropriate agencies regarding the consistency
of proposed actions with the Town of Delaware Local Waterfront Revitalization
Program policy standards and conditions.
The Town Zoning Enforcement Officer shall be responsible for
enforcing this chapter. No work or activity on a project in the coastal
area which is subject to review under this chapter shall be commenced
or undertaken until the Zoning Enforcement Officer has been presented
with a written determination from an agency that the action is consistent
with the Town's LWRP policy standards and conditions. In the
event that an activity is not being performed in accordance with this
chapter or any conditions imposed thereunder, the Zoning Enforcement
Officer 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.