[HISTORY: Adopted by the Town Board of the Town of Brant 8-11-1987 as L.L. No. 2-1987. Section 155-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 83.
Subdivision of land — See Ch. 137.
Zoning — See Ch. 161.
This chapter shall be known and may be cited as the "Town of Brant LWRP 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 Town of Brant waterfront area by ensuring that certain actions to be undertaken, approved or funded by town agencies will be undertaken in a manner consistent with the policies and purposes of the Town of Brant Local Waterfront Revitalization Program.
This chapter is adopted under the authority of Town Board, Town of Brant.
All agencies of the Town of Brant must comply with this chapter prior to directly undertaking, approving or funding any action within the waterfront area when such action is classified as Type I or unlisted under Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ACTION
Either a Type I or unlisted action, as defined in SEQR regulations at 6 NYCRR 617.2.
CAF
Coastal assessment form as adopted by the town.
EAF
Environmental assessment form, as defined at 6 NYCRR 617.2(m).[1]
EIS
Environmental impact statement, as defined at 6 NYCRR 617.2(n).[2]
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The local program to implement the New York State Coastal Management Program within the Town of Brant, 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 to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York).
PLANNING BOARD
The Town of Brant Planning Board.
SEQR
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).
TOWN
The Town of Brant.
TOWN AGENCY
Any board, department, office, other bodies or officers of the Town of Brant.
TOWN BOARD
The Town Board of the Town of Brant.
WATERFRONT AREA
That portion of the New York State coastal area within the Town of Brant as delineated in the Town of Brant Local Waterfront Revitalization Program.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
All other terms for whcih definitions are given in SEQR and/or Part 617 shall have the same meanings in this chapter.
The Town Board or a town agency, when proposing to undertake, approve or fund a Type I or unlisted action in the waterfront area, shall prepare or cause to be prepared a waterfront assessent form (WAF) for the proposed action. Following the preparation of an environmental impact statement or the issuance of a negative declaration pursuant to SEQR, a town agency shall refer the WAF, any environmental impact statement (EIS) or other pertinent information for that action to the Town Board for review and determination regarding the action's consistency with the policies and purposes of the LWRP.
A. 
Prior to its undertaking, approving or funding of a proposed Type I or unlisted action in the waterfront area, and for each action referred by a town agency pursuant to § 155-6, the Town Board shall either:
(1) 
Find and certify, in writing, that the action will not substantially hinder the achievement of any of the policies and purposes of the LWRP.
(2) 
If the action will substantially hinder the achievement of any policy of the LWRP, find and certify, in writing, that the following three requirements are satisfied:
(a) 
No reasonable alternatives exist which would permit the action to be undertaken in a manner which would not substantially hinder the achievement of such policy;
(b) 
The action will minimize all adverse effects on such policy to the maximum extent practicable; and
(c) 
The action will result in an overriding regional or statewide public benefit. Such certification shall constitute a determination that the action is consistent to the maximum extent practicable with the LWRP.
(3) 
Find and certify, in writing, that the action is not consistent with the policies and purposes of the LWRP, since it would substantially hinder the achievement of one or more policies and would not satisfy all of the requirements identified in Subsection A(2) just above.
B. 
The Town Board shall complete its review of the proposed action's consistency and prepare a written finding to the referring town agency within 30 days of the referral date. The Town Board may refer such actions for review to any municipal agency. Such agencies include but are not limited to the Town Attorney, Department of Public Works and Planning Board.
C. 
The written findings and certification of the Town Board shall be filed with the Town Clerk before the action is undertaken, approved or funded.
D. 
No action shall be undertaken, approved or funded unless the Town Board certifies its consistency with the policies and purposes of the LWRP by a finding pursuant to either Subsection A(1) or (2) above.
This chapter shall take effect immediately upon approval of the Town of Brant Local Waterfront Revitalization Program by the New York State Secretary of State.