[HISTORY: Adopted by the City Council of the City of Jamestown 2-26-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
This article will be known as the "City of Jamestown Local Waterfront
Revitalization Program (LWRP) Consistency Review Law."
A.
This article 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).
B.
The purpose of this article is to provide a framework for the agencies
of the City of Jamestown (City) to incorporate the policies and purposes
contained in the City of Jamestown Local Waterfront Revitalization
Program (LWRP) when reviewing applications for actions or direct agency
actions located within the waterfront area; and to ensure that such
actions and direct actions undertaken by City agencies are consistent
with the LWRP policies and purposes.
C.
It is the intention of the City that the preservation, enhancement
and utilization of the natural and man-made resources of the waterfront
area of the City occur 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 article 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; adverse impacts
to historic structures; diminution of open space areas or public access
to the waterfront; 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.
D.
The substantive provisions of this article shall only apply while
there is in existence a City of Jamestown 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 article, the following terms shall have the
meanings indicated:
Includes 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 waterfront area 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 waterfront resources or the environment; and
Any combination of the above.
Any council, agency, department, office, other body, or officer
of the City of Jamestown.
The Building Inspector and/or Code Enforcement Officer of
the City of Jamestown.
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 applicant
or 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, archeological, historic or aesthetic significance,
existing patterns of population concentration, distribution or growth,
existing community or neighborhood character, and human health.
A form used in determining the environmental significance
or insignificance or actions in accordance with the State Environmental
Quality Review Act (SEQR).[1]
A written "draft" or "final" document prepared in accordance
with Sections 617.9 and 617.10 of Title 6 of NYCRR. An EIS provides
a means for agencies, project sponsors and the public to systematically
consider significant adverse environmental impacts, alternatives and
mitigation. An EIS facilitates the weighing of social, economic and
environmental factors early in the planning and decisionmaking process.
A draft EIS is the initial statement prepared by either the project
sponsor or the lead agency and circulated for review and comment.
An EIS may also be a "generic" in accordance with Section 617.10 of
Title 6 of NYCRR, a "supplemental" in accordance with Section 617.9(a)(7)
of Title 6 of NYCRR or a "federal" document in accordance with Section
617.15 of Title 6 of NYCRR.
The Local Waterfront Revitalization Program of the City of
Jamestown, 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 City
Clerk of the City of Jamestown.
Includes the following actions, which are not subject to
review under this chapter:
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 or a bulkhead or other
shoreline erosion protection structure;
Minor temporary uses of land having negligible or no permanent
impact on waterfront 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 soil 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 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, 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 furtherance of 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 article 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 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;
Local legislative decisions such as rezoning where the City
of Jamestown determines the action will not be approved.
The Waterfront Revitalization Area as delineated in the City
of Jamestown Local Waterfront Revitalization Program (LWRP).
The form used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
The City of Jamestown Planning Commission (the "Planning Commission")
shall be responsible for coordinating review of actions in the City's
waterfront area for consistency with the LWRP, and will advise, assist
and make consistency recommendations to other City agencies in the
implementation of the LWRP and its policies and projects, including
physical, legislative, regulatory, administrative and other actions
included in the program.
B.
The Planning Commission shall coordinate with state agencies regarding
consistency review of their actions.
C.
The Planning Commission shall assist the City Council in making applications
for funding from state, federal, or other sources to finance projects
under the LWRP.
D.
The Planning Commission shall perform other functions regarding the
waterfront area and direct such actions or projects as the City Council
may deem appropriate, to implement the LWRP.
A.
Whenever a proposed action is located within the City's waterfront area, each City agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in Subsection I of this section. No action in the waterfront area shall be approved, funded or undertaken by that agency without such a determination of consistency.
B.
Whenever a City 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 to be located in the waterfront area, the agency
shall refer a copy of the completed WAF to the Planning Commission
within 10 days of its receipt. Prior to making its consistency determination,
the agency shall consider the recommendation of the Planning Commission
with reference to the consistency of the proposed action.
C.
After referral from an agency, the Planning Commission shall consider whether the proposed action is consistent with the LWRP policy standards set forth in Subsection I of this section. The Planning Commission shall require the applicant to submit all completed applications, WAFs, environmental assessment forms (EAFs), and any other information deemed necessary to its consistency recommendation.
(1)
The Planning Commission shall render its written recommendation to
the agency within 30 days following referral of the WAF from the agency,
unless extended by mutual agreement of the Planning Commission, the
agency, and the applicant or, in the case of a direct action, the
agency. The Planning Commission's recommendation shall indicate
whether the proposed action is consistent with or inconsistent with
one or more of the LWRP policy standards and shall elaborate in writing
the basis for its opinion. The Planning Commission shall, along with
a 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 or to greater advance
them. In the event that the Planning Commission's recommendation
is not forthcoming within the specified time, the agency shall make
its consistency decision without the benefit of the Planning Commission's
recommendation.
(2)
The City shall maintain a file for each action made the subject of
a consistency determination, including any recommendations received
from the Planning Commission. Such file shall be kept in the office
of the Department of Development and made available for public inspection
upon request.
D.
If an action requires approval of more than one City agency, decisionmaking
will be coordinated between the agencies to determine which agency
will conduct the consistency review, and that agency will thereafter
act as designated consistency review agency. Only one WAF per action
will be prepared. If the agencies cannot agree, the City Council shall
designate the consistency review agency.
E.
Upon receipt of the Planning Commission's recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection I of this section. The agency shall consider the Planning Commission's consistency recommendation, the WAF, and other relevant information in making its written determination of consistency. No approval or decision shall be issued for an action in the waterfront area without a written determination of consistency having first been rendered by a City agency.
F.
The Zoning Board of Appeals is the designated agency for the determination
of consistency for variance applications subject to this article.
The Zoning Board of Appeals shall consider the written consistency
recommendation of the Planning Commission in the event and at the
time it makes a decision to grant such a variance and shall impose
appropriate conditions on the variance to make the activity consistent
with the objectives of this article.
G.
Where an environmental impact statement (EIS) is being prepared or required, the draft EIS must identify applicable LWRP policies standards in Subsection I of this section, and include a discussion of the effects of the proposed action on such policy standards.
H.
In the event the Planning Commission's recommendation is that
the action is inconsistent with the LWRP, and the agency makes a contrary
determination of consistency, the agency shall elaborate in writing
the basis for its disagreement with the recommendation and state the
manner and extent to which the action is consistent with the LWRP
policy standards.
I.
Actions to be undertaken within the waterfront area shall be evaluated
for consistency in accordance with the following summary of LWRP policy
standards, which are derived from and further explained and described
in Section 3 of the City of Jamestown LWRP, a copy of which is on
file in the City Department of Development office and available for
inspection during normal business hours. Agencies which undertake
direct actions must also consult with Section IV in making their consistency
determination. The action must be consistent with the policies to:
(1)
Foster a pattern of development within the City of Jamestown's
Waterfront Revitalization 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 (LWRP Policy 1).
(2)
Preserve historic resources within the City of Jamestown's Waterfront
Revitalization Area (LWRP Policy 2).
(3)
Enhance visual quality and protect scenic resources throughout the
City of Jamestown's Waterfront Revitalization Area (LWRP Policy
3).
(4)
Minimize loss of life, structures, and natural resources from flooding
and erosion (LWRP Policy 4).
(5)
Protect and improve water resources within the City of Jamestown's
Waterfront Revitalization Area (LWRP Policy 5).
(6)
Protect and restore ecosystem quality and function within the City
of Jamestown's Waterfront Revitalization Area (LWRP Policy 6).
(7)
Protect and improve air quality in the City of Jamestown's Waterfront
Revitalization Area (LWRP Policy 7).
(8)
Minimize environmental degradation in the City of Jamestown's
Waterfront Revitalization Area from solid waste and hazardous substances
and wastes (LWRP Policy 8).
(9)
Provide for public access to, and recreational use of, the Chadakoin
River, public lands, and public resources within the City of Jamestown's
Waterfront Revitalization Area (LWRP Policy 9).
(10)
Protect the City of Jamestown's water-dependent uses and
promote siting of new water-dependent uses in suitable locations (LWRP
Policy 10).
(11)
Promote sustainable use of living freshwater resources within
the City of Jamestown's Waterfront Revitalization Area (LWRP
Policy 11).
(12)
Protect agricultural lands within the City of Jamestown's
Waterfront Revitalization Area (LWRP Policy 12).
(13)
Promote appropriate use and development of energy and mineral
resources within the City of Jamestown's Waterfront Revitalization
Area (LWRP Policy 13).
No action within the City's waterfront area which is subject
to review under this article shall proceed until a written determination
has been issued from a City agency that the action is consistent with
the City's LWRP policy standards. In the event that an activity
is being performed in violation of this article or any conditions
imposed thereby, the City Code Enforcement Officer shall issue a stop-work
order and all work must immediately cease. No further work or activity
shall be undertaken on the project so long as a stop-work order is
in effect. The City Attorney, Code Enforcement Officer and Police
Department shall be responsible for enforcing this article.
A.
A person who violates any of the provisions of, or who fails to comply
with any condition imposed by, this article shall have committed a
violation punishable by a fine not exceeding $350 for a conviction
of a first offense and punishable by a fine of $2,000 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.
B.
The City Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this article. Any
civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty. The City may also enforce this article by
injunction or other civil proceeding.
This article shall supersede and repeal any previous local regulations
regarding consistency with LWRP. This article shall take effect immediately
upon its filing in the office of the Secretary of State in accordance
with Section 27 of the Municipal Home Rule Law.
The provisions of this article are severable. If any provision
of this article is found invalid, such finding shall not affect the
validity of this article as a whole or any part or provision hereof
other than the provision so found to be invalid.