[HISTORY: Adopted by the Board of Trustees of the Village
of Williamsville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-24-2022 by L.L. No. 5-2022]
This article will be known as the "Village of Williamsville
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 agencies
of the Village of Williamsville to incorporate the policies and purposes
contained in the Village of Williamsville 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 Village agencies are consistent
with the LWRP policies and purposes.
C.
It is the intention of the Village of Williamsville that the preservation,
enhancement, and utilization of the unique waterfront in the Village
take place in a coordinated and comprehensive manner to ensure a proper
balance between protection of natural resources and the need to accommodate
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; 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.
D.
The substantive provisions of this article shall only apply when
there is in existence a Village of Williamsville 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:
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, committee, other body,
or officer of the Village of Williamsville.
The Code Enforcement Officer of the Village of Williamsville.
That the action will not be inconsistent with any of 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, rule-making, procedure-making
and policy-making.
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
Village of Williamsville 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 Village of Williamsville.
Include the following actions, which are not subject to review
under this article:
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 in areas designated by the Flood Damage Prevention Law (Chapter 31 of the Village 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;
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 or preservation code(s);
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
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 historic structures, 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 article; and
Local legislative decisions, such as rezoning, where the Williamsville
Village Board determines the action will not be approved.
The form appended to this article,[1] used by an agency or other entity to assist in determining
the consistency of an action with the Village of Williamsville Local
Waterfront Revitalization Program.
The portion of New York State designated waterway and adjacent
shorelands as defined in Article 42 of the Executive Law, which is
located within the municipal boundaries of the Village of Williamsville,
as described, and mapped in the approved Williamsville LWRP.
[1]
Editor's Note: The Waterfront Assessment Form is included as an attachment to this chapter.
A.
The Village of Williamsville Code Enforcement Officer shall be responsible
for overall management and coordination of the LWRP. In performing
this task, the Code Enforcement Officer shall:
(1)
Inform the Village Board of Trustees on implementation priorities,
work assignments, timetables, and budgetary requirements of the LWRP.
(2)
Act in the capacity of liaison between the Village Board of Trustees
and Village agencies to further the implementation of the LWRP.
(3)
Assist applicants and make consistency review recommendations to
the appropriate Village 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 Williamsville
WRA without the issuance of a written determination of consistency
from the Code Enforcement Officer.
(4)
Provide the New York State Department of State and other state agencies
with timely feedback regarding the consistency of actions proposed
by state agencies.
(5)
Coordinate with the Village Board of Trustees, the Village Grants
Consultant and Village Engineer for the development of applications
for state and federal funding for projects that implement the LWRP.
(6)
Prepare an annual report on progress achieved and problems encountered
in implementing the LWRP and recommend actions necessary for further
implementation to the Village Board of Trustees and Village agencies
and boards.
(7)
Perform other functions regarding the waterfront revitalization area
and direct such actions or projects as the Village Board of Trustees
may deem appropriate to implement the LWRP.
B.
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 an
annual LWRP coordinating workshop, including but not limited to representatives
of the Village Board, Planning Board, Zoning Board of Appeals, and
such other departments or individuals charged with LWRP implementation.
A.
Whenever a proposed action is located in the waterfront revitalization area, each Village 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 I below. No action in the waterfront revitalization area shall be approved, funded, or undertaken by an agency without such a determination.
B.
The Code Enforcement Officer shall be responsible for coordinating
the review of actions in the Village of Williamsville WRA and will
advise, assist, and make consistency recommendations for other Village
agencies for the implementation of the LWRP and its policies and projects,
including physical, legislative, regulatory, administrative, and other
actions included in the program. The Code Enforcement Officer will
also coordinate with NYS Department of State regarding consistency
reviews for actions by state agencies.
C.
The Code Enforcement Officer will assist each agency with preliminary
evaluation of actions in the waterfront area and with preparation
of a WAF. Whenever an 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 such application or direct action to the Code
Enforcement Officer, within 10 days of its receipt, for preparation
of a WAF, a sample of which is appended to this article.
D.
The Code Enforcement Officer, in referring applications for approval,
funding or direct action to an agency, shall provide written recommendations
for consistency determination within 30 days following referral of
the WAF unless extended by mutual agreement of the Code Enforcement
Officer and the applicant or, in the case of a direct action, the
agency. These recommendations shall indicate whether, in the opinion
of the Code Enforcement Officer or their designee, the proposed action
is consistent with or inconsistent with one or more of the LWRP policy
standards and objectives 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.
E.
If an action requires the approval of more than one agency, decisionmaking
will be coordinated between the Village 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 for review by the Village Code Enforcement
Officer. If the agencies cannot agree on which one should take the
lead, the Code Enforcement Officer shall designate the consistency
review agency.
F.
Upon the recommendations of the Code Enforcement Officer, the Village
agency shall review the application documentation in accordance with
this article and the LWRP policy standards contained therein. Prior
to making a final determination of consistency, the agency shall consider
the consistency review recommendations of the Code Enforcement Officer.
The Village 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. The designated agency will make the final determination
of consistency. 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 recommendations provided by the Village Code Enforcement
Officer 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 and this article.
G.
Where an environmental impact statement (EIS) is being prepared or required pursuant to SEQRA, the draft EIS must identify applicable LWRP policies standards summarized in Subsection J 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 regarding the consistency of the action with the policy standards, in accordance with the provisions of this article.
H.
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, 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 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.
I.
Actions to be undertaken within the waterfront revitalization area
shall be evaluated for consistency in accordance with the following
summary of LWRP policy standards, which are derived from and described
in the Village of Williamsville LWRP, a copy of which is posted on
the Village's website and is on file in the Village Clerk's
office and available for inspection during normal business hours.
Applicants that undertake direct actions must also consult with the
Village of Williamsville Code Enforcement Officer in making their
consistency determination. All actions proposed within the Village
of Williamsville waterfront area must be consistent with the LWRP
policies outlined below:
|
Policy 1
|
Restore, revitalize, and redevelop deteriorated and underutilized
waterfront areas for commercial, industrial, cultural, recreational,
and other compatible use.
|
|
Policy 2
|
Facilitate the siting of water-dependent uses and facilities
on or adjacent to inland waterways.
|
|
Policy 3
|
Further develop the state's major ports of Albany, Buffalo,
New York, Ogdensburg and Oswego as centers of commerce and industry,
and encourage the siting, in these port areas, including those under
the jurisdiction of state public authorities, of land use and development
which Is essential to, or in support of, the waterborne transportation
of cargo and people (not applicable).
|
|
Policy 4
|
Strengthen the economic base of smaller harbor areas by encouraging
the development and enhancement of those traditional uses and activities
which have provided such areas with their unique maritime identity.
|
|
Policy 5
|
Encourage the location of development in areas where public
services and facilities essential to such development are adequate.
|
|
Policy 6
|
Expedite permit procedures in order to facilitate the siting
of development activities at suitable locations.
|
|
Policy 7
|
Significant coastal fish and wildlife habitats will be protected,
preserved, and, where practical, restored so as to maintain their
viability as habitats (not applicable).
|
|
Policy 8
|
Protect fish and wildlife resources in the waterfront revitalization
area from the introduction of hazardous wastes and other pollutants
which bioaccumulate in the food chain or which cause significant sublethal
or lethal effects on those resources.
|
|
Policy 9
|
Expand recreational use of fish and wildlife resources in the
waterfront revitalization area by increasing access to existing resources,
supplementing existing stocks, and developing new resources.
|
|
Policy 10
|
Further develop commercial finfish, shellfish, and crustacean
resources in the inland waterway area by encouraging the construction
of new, or improvement of existing, onshore commercial fishing facilities,
increasing marketing of the state's seafood products, maintaining
adequate stocks, and expanding aquaculture facilities.
|
|
Policy 11
|
Buildings and other structures will be sited in the waterfront
revitalization area to minimize damage to property and the endangering
of human lives caused by flooding and erosion.
|
|
Policy 12
|
Activities or development in the waterfront revitalization area
will be undertaken so as 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 13
|
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 14
|
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 15
|
Mining, excavation, or dredging in inland waterways shall not
significantly interfere with the natural inland waterway processes
that supply beach materials to land adjacent to such waters and shall
be undertaken in a manner that will not cause an increase in erosion
of such land.
|
|
Policy 16
|
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 17
|
Nonstructural measures to minimize damage to natural resources
and property from flooding and erosion shall be used whenever possible.
|
|
Policy 18
|
To safeguard the vital economic, social, and environmental interests
of the state and of its citizens, proposed major actions in the waterfront
revitalization area must give full consideration to those interests
and to the safeguards that the state has established to protect valuable
waterfront resource areas.
|
|
Policy 19
|
Protect, maintain, and increase the level and types of access
to public water-related recreational resources and facilities.
|
|
Policy 20
|
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.
|
|
Policy 21
|
Water-dependent and water-enhanced recreation will be encouraged
and facilitated and will be given priority over non-water-related
uses along the shorefront.
|
|
Policy 22
|
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.
|
|
Policy 23
|
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 24
|
Prevent impairment of scenic resources of statewide significance
(not applicable).
|
|
Policy 25
|
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 waterfront revitalization
area.
|
|
Policy 26
|
Conserve and protect agricultural lands in the waterfront revitalization
area.
|
|
Policy 27
|
Decisions on the siting and construction of major energy facilities
in the shorefront area will be based on public energy needs, compatibility
of such facilities with the environment, and the facility's need
for a shorefront location.
|
|
Policy 28
|
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 29
|
The development of offshore uses and resources, including renewable
energy resources, shall accommodate New York'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.
|
|
Policy 30
|
Municipal, industrial, and commercial discharge of pollutants,
including, but not limited to, toxic and hazardous substances, into
inland waterways will conform to state and national water quality
standards.
|
|
Policy 31
|
State policies and management objectives of approved waterfront
revitalization programs will be considered while reviewing inland
waterway water classifications and while modifying water quality standards;
however, those waters already overburdened with contaminants will
be recognized as being a development constraint.
|
|
Policy 32
|
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 33
|
Best management practices will be used to ensure the control
of stormwater runoff and combined sewer overflows draining into inland
waterways.
|
|
Policy 34
|
Discharge of waste materials into inland waterways from vessels
subject to state jurisdiction will be limited to protect significant
fish and wildlife habitats, recreational areas, and water supply areas.
|
|
Policy 35
|
Dredging and filling in inland waterways 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 36
|
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 inland waterways; 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 37
|
Best management practices will be utilized to minimize the nonpoint
discharge of excess nutrients, organics, and eroded soils into inland
waterways.
|
|
Policy 38
|
The quality and quantity of surface water and groundwater supplies
will be conserved and protected, particularly where such waters constitute
the primary or sole source of water supply.
|
|
Policy 39
|
The transport, storage, treatment, and disposal of solid wastes,
particularly hazardous wastes, within the waterfront revitalization
area will be conducted in such a manner so as to protect groundwater
and surface water supplies, significant fish and wildlife habitats,
recreation areas, important agricultural lands, and scenic resources.
|
|
Policy 40
|
Effluent discharged from major steam electric generating and
industrial facilities into inland waterways will not be unduly injurious
to fish and wildlife and shall conform to state water quality standards.
|
|
Policy 41
|
Land use or development in the waterfront revitalization area
will not cause national or state air quality standards to be violated.
|
|
Policy 42
|
Waterfront revitalization policies will be considered if the
state reclassifies land areas pursuant to the prevention of significant
deterioration regulations of the Federal Clean Air Act.[1]
|
|
Policy 43
|
Land use or development in the waterfront revitalization area
must not cause the generation of significant amounts of acid rain
precursors: nitrates and sulfates.
|
|
Policy 44
|
Preserve and protect freshwater wetlands and preserve the benefits
derived from these areas.
|
[1]
Editor's Note: See 42 U.S.C. § 7401 et seq.
J.
Each agency shall maintain a file for each action made the subject
of a consistency determination, including any recommendations received
from the Committee. Such files shall be made available for public
inspection upon request.
In the event that an activity is being performed in violation
of this article or any conditions imposed thereunder, the Code Enforcement
Officer or any other authorized official of the Village of Williamsville
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.
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 $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.
B.
The Village 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 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.
This article shall take effect immediately upon its filing in
the Office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law.
