This local law will be known as the "Town of
East Hampton Local Waterfront Revitalization Program Consistency Review
Law."
This local law is adopted as a local law pursuant to the authority conferred in Article IX of the New York State Constitution; § 10 of the New York Statute of Local Governments; Article 2, § 10, of the Municipal Home Rule Law and Article 42 of the Executive Law, Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York. Section
150-50H is hereby adopted using the supersession authority under New York State Town Law and § 23 of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meanings indicated:
ACTIONS
Includes all of the following, except minor actions:
A.
Projects or physical activities, such as construction
or any other activities that may affect natural, man-made or other
resources in the coastal area or the environment by changing the use,
appearance or condition of any 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
or permits; or review 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 coastal resources or the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the Town of East Hampton.
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 East Hampton, as shown
on the coastal area map on file in the office of the Secretary of
State and as delineated in the Town of East Hampton Local Waterfront
Revitalization Program (LWRP).
COASTAL ASSESSMENT FORM (CAF)
The form, a sample of which is appended to this local law, used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
CONSISTENT
The action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
DIRECT AGENCY 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 coastal area.
LOCAL WATERFRONT REVITALIZATION PROGRAM OR LWRP
The Local Waterfront Revitalization Program of the Town of
East Hampton, 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 East Hampton.
MINOR ACTIONS
Includes the following actions, which are not subject to
review under this chapter:
A.
Maintenance or repair involving no substantial
changes to 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 coastal erosion hazard area 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, or in nature preserves or within the Harbor
Protection Overlay District (HPOD);
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 coastal 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 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 part 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 districts;
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 coastal 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 part;
Y.
Local legislative decisions, such as rezoning,
where the Town Board determines the action will not be approved.
[Amended 9-6-2012 by L.L.
No. 13-2012]
The Town building inspectors, Town Attorney,
code enforcement officers, marine patrol personnel, Sanitation Inspector
and Natural Resource Director shall be responsible for enforcing this
chapter. No action in the coastal area which is subject to review
under this chapter shall proceed until a written determination has
been issued from the designated agency that the action is consistent
with the Town's LWRP policy standards. 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 local law are severable.
If any provision of this local law is found invalid, such finding
shall not affect the validity of this local law as a whole or any
part or provision hereof other than the provision so found to be invalid.
This local law 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.