This chapter will be known and may be cited as the "Town of
Marlborough Waterfront Revitalization Program (LWRP) Consistency Review
Law."
As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
Include all the following, except minor actions:
A.
Projects or physical activities, such as construction or other
activities that may affect natural, or man-made, or other resources
in the waterfront area, or the environment by changing the use, appearance
or condition of any natural resource or structure, that are directly
undertaken by an agency; involve funding by an agency; or 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; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the Town of Marlborough.
CONSISTENT
The action will fully comply with the LWRP policy standards,
conditions and objections 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.
ENVIRONMENT
All conditions, circumstances, and influences surrounding
and affecting the development of living organisms or other resources
in the waterfront area.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Town of
Marlborough, approved by the Secretary of State pursuant to the Waterfront
Revitalization and 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 Marlborough.
MINOR ACTIONS
Includes the following actions, which are not subject to
review under this law:
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 local law where structures may not be replaced, rehabilitated or
reconstructed without a permit;
C.
Repaving 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;
G.
Minor temporary uses of land having negligible or no permanent
impact on waterfront 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 Type I
or unlisted action;
K.
Official acts of a ministerial nature involving no exercise
of discretion, including building permits and historic preservation
permits where issuance is predicated solely on the applicant's
compliance or noncompliance with the relevant local building or preservation
code(s);
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, 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
district;
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 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 chapter;
Y.
Local legislative decisions such as rezoning where the Town
Board determines the action will not be approved.
WATERFRONT AREA
The waterfront revitalization area located within the boundaries
of the Town of Marlborough and delineated and described in the Town's
Local Waterfront Revitalization Program.
WATERFRONT ASSESSMENT FORM
The form, a sample of which is appended to this chapter,
used by an agency or other entity to assist in determining the consistency
of an action with the Town of Marlborough Local Waterfront Revitalization
Program.
In the event that an activity is being performed in violation
of this chapter or any conditions imposed thereunder, the Building
Inspector 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 provisions of this chapter are severable. If any provision
of this chapter is found invalid, such finding shall not affect the
validity of this chapter, as a whole or any law or provision hereof
other than the provision so found to be invalid.
This chapter shall take effect immediately after the following
have both occurred:
A. Filing of the local law in the office of the Secretary of State in
accordance with Section 27 of the Municipal Home Rule Law.
B. Approval of the Town of Marlborough LWRP by the Secretary of State
in accordance with Article 42 of the Executive Law of New York State.