[HISTORY: Adopted by the Rochester City Council
9-11-1990 by Ord. No. 90-370. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the public
health, safety and general welfare in the City of Rochester by providing
a framework for governmental agencies to review actions proposed within
the boundaries of the City's Local Waterfront Revitalization Program
(LWRP). This framework will allow agencies to consider the policies
and purposes contained in the City's LWRP when reviewing applications
for actions or when directly approving, undertaking or funding agency
actions located in the waterfront area. The framework will also ensure
that such actions are consistent, to the maximum extent practicable,
with said policies and purposes.
[Amended 10-17-2017 by Ord. No. 2017-330]
B.
It is the intention of the City of Rochester that
the preservation, enhancement and utilization of the natural and manmade
resources of the City's unique coastal areas take place in a coordinated
and comprehensive manner, in order to ensure a proper balance between
natural resource protection and the need to accommodate population
growth and economic development. Accordingly, this chapter is intended
to achieve such a balance by permitting the beneficial use of coastal
resources while preventing loss of living estuarine resources and
wildlife; diminution of open space areas or public access to the waterfront;
erosion of shoreline; impairment of scenic beauty; losses due to flooding,
erosion and sedimentation; or permanent adverse changes to ecological
systems.
This chapter is enacted under the authority
of § 20 of the General City Law and the Waterfront Revitalization
and Coastal Resources Act of the State of New York (Article 42 of
the Executive Law).
When used in this chapter, the following terms
shall have the meanings ascribed to them:
Any governmental agency, including but not limited to the
City Council, departments, offices, commissions, boards, agencies,
officers or other bodies of the City of Rochester.
The New York State coastal waters and adjacent shorelands,
as defined in Article 42 of the Executive Law. The specific boundaries
of the City's coastal area are shown on the Coastal Area Map on file
in the office of the New York State Secretary of State and as delineated
in the City of Rochester's Local Waterfront Revitalization Program
(Section 1).
[Amended 10-17-2017 by Ord. No. 2017-330]
The form, contained in Appendix A,[1] which shall be used by an agency to assist it in determining
the consistency of an action with the City's LWRP.
That an action will not substantially hinder the achievement
of any of the LWRP policy standards or conditions and, whenever practicable,
will advance one or more of them.
An action planned and proposed for implementation by an agency
itself, such as but not limited to a capital project or rulemaking,
procedure-making or policy-making decisions or determinations.
That portion of the New York State Coastal Area within the
City of Rochester, as delineated in the City's LWRP (Section 1).
[Amended 10-17-2017 by Ord. No. 2017-330]
The Local Waterfront Revitalization Program of the City of
Rochester, as approved by the New York State Secretary of State, pursuant
to the Waterfront Revitalization and Coastal Resources Act (Executive
Law, Article 42), a copy of which is on file in the office of the
Clerk of the City of Rochester.
[Amended 10-17-2017 by Ord. No. 2017-330]
[1]
Editor's Note: Appendix A is on file in the
City Clerk's office.
A.
Whenever a proposed action is located in the LWA, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent, to the maximum extent practicable, with the applicable LWRP policy standards and conditions set forth in § 112-4G herein.
[Amended 10-17-2017 by Ord. No. 2017-330]
B.
Whenever an agency receives an application for approval
or funding of an action or as early as possible in the agency's undertaking
of a direct action to be located in the LWA, the applicant or, in
the case of a direct action, the agency shall prepare a coastal assessment
form (CAF) to assist with the consistency review.
C.
Prior to making its determination, the agency shall
solicit and consider the recommendation of the Commissioner of the
City of Rochester Department of Neighborhood and Business Development
or his or her designee regarding the consistency of the proposed action
by referring a copy of the completed CAF to the Commissioner within
10 days of its submission to or completion by the agency.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
D.
After referral from an agency, the Commissioner shall consider whether the proposed action is consistent, to the maximum extent practicable, with the LWRP policy standards and conditions set forth in § 112-4G herein. The Commissioner may require the applicant to submit all completed applications, CAFs and any other information or documentation deemed to be necessary in order to make the consistency determination.
[Amended 10-17-2017 by Ord. No. 2017-330]
E.
The Commissioner shall render his or her written recommendation
to the agency within 10 working days following the submission by the
applicant of the required information, unless extended by mutual agreement
of the Commissioner and the applicant or, in the case of a direct
action, the agency. The recommendation shall indicate whether, in
the opinion of the Commissioner, the proposed action is consistent,
to the maximum extent practicable, or inconsistent with one or more
of the applicable LWRP policy standards or conditions. The recommendation
shall state the manner and extent to which any inconsistency affects
the LWRP policy standards and conditions.
[Amended 2-14-2006 by Ord. No. 2006-22]
(1)
The Commissioner shall, along with his or her consistency
determination, make any suggestions to the agency concerning modification
of the proposed action in order to make it consistent, to the maximum
extent practicable, with the LWRP policy standards and conditions
or to greater advance them.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2)
In the event that the Commissioner's recommendation is not forthcoming
within the specified time, the agency shall make its consistency decision
without the benefit of the Commissioner's recommendation.
[Amended 10-17-2017 by Ord. No. 2017-330]
F.
The agency shall make the determination of consistency
based on the CAF, the recommendation of the Commissioner and such
other information as is deemed to be necessary in its determination.
The agency shall issue its determination within seven days of receipt
of the Commissioner's recommendation.
G.
Actions to be undertaken within the LWA shall be evaluated
for consistency in accordance with the following LWRP policy standards
and conditions, which are derived from and further explained and described
in Section 3 of the City of Rochester's LWRP. The LWRP is on file
in the City Clerk's office and is available for inspection during
normal business hours. Agencies which undertake direct actions shall
also consult with Section 4, Uses and Projects, of the LWRP in making
their consistency determination. The action shall be consistent with
the policy to:
[Amended 10-17-2017 by Ord. No. 2017-330]
(1)
Revitalize and redevelop deteriorating or underutilized institutional,
commercial, recreational and residential areas and uses (Policy 1,
and subpolicies);
(2)
Encourage the development of water-dependent uses near coastal waters
(Policy 2 and subpolicies);
(3)
Strengthen the economic base of smaller harbor areas (Policy 4 and
subpolicies);
(4)
Ensure that development occurs where adequate public infrastructure
is available to reduce health and pollution hazards (Policy 5 and
subpolicies);
(5)
Streamline development permit procedures (Policy 6 and subpolicies);
(6)
Protect significant and locally important fish and wildlife habitats
from human disruption and chemical contamination (Policies 7 and 8
and the respective subpolicies);
(7)
Maintain and expand commercial fishing facilities to promote commercial
and recreational fishing opportunities (Policy 9 and subpolicies);
(8)
Minimize flooding and erosion hazards through nonstructural means,
carefully selected, long-term structural measures and appropriate
siting of structures (Policies 11, 12, 13, 14, 15 and 17 and the respective
subpolicies);
(9)
Safeguard economic, social and environmental interests in the coastal
area when major actions are undertaken (Policy 18);
(10)
Maintain and improve public access to the shoreline and to water-related
recreational facilities while protecting the environment (Policies
19 and 20 and the respective subpolicies);
(11)
Encourage and facilitate water-dependent and water-enhanced recreational
resources and facilities near coastal waters (Policy 21 and subpolicies);
(12)
Encourage the development of water-related recreational resources
and facilities as multiple uses in appropriate locations within the
shore zone (Policy 22 and subpolicies);
(13)
Protect and restore historic and archaeological resources (Policy
23 and subpolicies);
(14)
Protect and upgrade scenic resources (Policy 25 and subpolicies);
(15)
Determine public need, compatibility of facilities with environment,
and the facility's need for a shorefront location before constructing
major energy facilities in the coastal area (Policy 27 and subpolicies);
(16)
Protect surface and ground waters from direct and indirect discharge
of pollutants and from overuse (Policies 30, 31, 33, 34, 36, 37, 38
and 40 and the respective subpolicies);
(17)
Perform dredging and dredge spoil disposal in a manner protective
of natural resources (Policy 35);
(18)
Handle and dispose of hazardous wastes and effluents in a manner
which will not adversely affect the environment nor expand existing
landfills (Policy 39);
(19)
Protect air quality in the coastal area (Policy 41); and
(20)
Protect tidal and freshwater wetlands (Policy 44).
H.
If the agency determines that the action would cause
a substantial hindrance to the achievement of the LWRP policy standards
and conditions, such action shall not be undertaken unless the agency
determines with respect to the proposed action that:
(1)
No reasonable alternatives exist which would permit
the action to be undertaken in a manner which would not substantially
hinder the achievement of such LWRP policy standards and conditions
or which would not hinder the overall implementation of the LWRP;
(2)
The proposed action and any required mitigation measures
would be undertaken in a manner which would minimize all adverse effects
on natural and man-made resources within the LWRP and would minimize
the extent to which the implementation of LWRP policy standards and
conditions are hindered; and
(3)
The action will result in a significant and overriding
city, regional or statewide public benefit.
I.
Such a finding by the agency shall constitute a determination
that the action is consistent to the maximum extent practicable.
J.
Each agency shall maintain a file for each action
which was the subject of a consistency determination, including any
recommendations received from the Commissioner. Such files shall be
made available for public inspection upon request.
[Amended 6-16-2009 by Ord. No. 2009-179]
The agency and the Commissioner of Neighborhood and Business Development or a designee shall coordinate the consistency determination process required by this chapter with the environmental review process required by Chapter 48 of the Municipal Code.
The provisions of this chapter are severable.
If any provision is found invalid, such finding shall not affect the
validity of any part or provision hereof other than the provision
so found to be invalid.
