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City of Oswego, NY
Oswego County
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[HISTORY: Adopted by the Common Council of the City of Oswego 4-28-1986 as L.L. No. 1-1986 (Ch. 119 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Harbors — See Ch. 143.
Zoning — See Ch. 280.
This chapter shall be known and may be cited as the "City of Oswego Local Waterfront Revitalization Program Consistency Law."
The purpose of this chapter is to provide for the protection and beneficial use of the natural and man-made resources within the City of Oswego waterfront by ensuring that certain actions proposed by city agencies will be undertaken in a manner consistent with the policies and purposes of the city's Local Waterfront Revitalization Program (LWRP).
This chapter is adopted under the authority of the Municipal Home Rule Law, the State Environmental Quality Review Act (SEQRA)[1] and the State Environmental Quality Review Regulations, as amended.
[1]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
All agencies of the City of Oswego must comply with this chapter prior to carrying out any action within the waterfront area when such action is classified as Type I or unlisted under Part 617 of SEQRA.
A. 
As used in this chapter, the following terms shall have the meaning indicated:
ACTION
Either a Type I or unlisted action, as defined in SEQRA regulations at 6 NYCRR 617.2.
CITY
The City of Oswego.
CITY AGENCY
Any board, department, office, other bodies or officers of the City of Oswego.
COMMON COUNCIL
The Common Council of the City of Oswego.
EAF
An environmental assessment form, as defined at 6 NYCRR 617.2(1).
EIS
An environmental impact statement, as defined at 6 NYCRR 617.2(m).
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The New York State local program to implement the New York State Coastal Management Program within the City of Oswego, as approved by the Secretary of State, pursuant to the Waterfront Revitalization and Coastal Resources Act of 1981 (Article 42 of the Executive Law of New York State).
PART 617
The State Environmental Quality Review Regulations (Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York).
POLICIES AND PURPOSES OF THE OSWEGO LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
Those policies as listed and explained in Section 3 as well as the proposed land and water uses and projects as found in Section 4 of the Oswego Local Waterfront Revitalization Program Document, adopted on April 28, 1986, by Resolution No. 156-1986, a copy of which is on file in the City Clerk's Office and available for inspection during normal business hours.
[Added 10-27-1986 by L.L. No. 3-1986]
SEQRA
The State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law, which is Chapter 43-b of the Consolidated Laws of the State of New York).
WATERFRONT AREA
That portion of the New York State coastal area within the City of Oswego as delineated in the City of Oswego Local Waterfront Revitalization Program.
B. 
All other terms for which definitions are given in SEQRA and/or Part 617 shall have the same meanings in this chapter.
[Amended 10-27-1986 by L.L. No. 3-1986]
A. 
A city agency proposing to undertake a Type I action in the waterfront area shall refer the action, together with all pertinent information to the Common Council Legislative Planning Committee for review and recommendations regarding the action's consistency with the policies and purposes of the LWRP.
B. 
A city agency proposing to undertake an unlisted action in the waterfront area shall refer the action, together with all pertinent information, to the Chairman of the Common Council Legislative Planning Committee to determine whether a review is required by the full Legislative Planning Committee.
C. 
In either case, the review of the proposed action's consistency and preparation of written recommendations to the referring city agency shall be completed within thirty (30) days of a complete referral. A determination by the Chairman of the Common Council Legislative Planning Committee that additional information is needed for review shall automatically delay the start of the thirty-day review period until such time as complete information is submitted.
A. 
Certification of consistency.
(1) 
Prior to undertaking a proposed Type I or unlisted action in the waterfront area, each city agency shall either:
(a) 
Find and certify, in writing, that the action will not substantially hinder the achievement of any of the policies and purposes of the LWRP; or
(b) 
If the action will substantially hinder the achievement of any policy or purpose of the LWRP, the city agency shall instead find and certify that the following three (3) requirements are satisfied:
[1] 
No reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy or purpose.
[2] 
The action taken will minimize all adverse effects on the local policy and purpose to the maximum extent practicable.
[3] 
The action will result in an overriding regional or statewide public benefit.
(2) 
Such certification shall constitute a determination that the action is consistent to the maximum extent practicable with the LWRP.
B. 
Such certifications shall only be made:
(1) 
Following a determination, pursuant to Section 6 or 7 of Part 617, that the proposed action will not have any significant adverse environmental impacts and, if referred to the Common Council Legislative Planning Committee for review and recommendation pursuant to § 267-6 of this chapter, either upon receipt of such recommendation, in writing, or after the lapse of thirty (30) days for the recommendation; or
(2) 
As part of findings prepared by the city agency, pursuant to Section 9 of Part 617, if the proposed action has been determined to have significant adverse environmental impacts and made subject to the environmental impact statement (EIS) procedures of Section 8 of Part 617.
C. 
Where certification is made as part of findings prepared pursuant to 6 NYCRR 69.9 [i.e., where § 267-7B(2) applies], it shall be filed with the findings in that section. Otherwise it shall filed with the City Clerk before that action is taken.
This chapter shall take effect immediately upon approval of the City of Oswego Local Waterfront Revitalization Program by the New York State Secretary of State.