[HISTORY: Adopted by the Town Board of the
Town of Chautauqua 5-12-2008 by L.L. No. 4-2008. Amendments noted where
applicable.]
This chapter will be known as the "Town of Chautauqua
Waterfront Consistency Law."
A.
This chapter is adopted under the authority of the
Municipal Home Rule Law § 10 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 chapter is to provide a framework
for agencies of the Town of Chautauqua to consider the policies and
purposes contained in the Chautauqua Lake Local Waterfront Revitalization
Program when reviewing applications for actions or undertaking direct
agency actions in the waterfront area, and to assure that such actions
are consistent therewith.
C.
It is the intention of the Town of Chautauqua to preserve,
enhance and use the natural and man-made resources of the unique waterfront
areas of the Town in a coordinated and comprehensive manner, to ensure
a proper balance between such natural resources and the accommodation
of population growth and economic development. This chapter is intended
to achieve such a balance, permitting the beneficial use of waterfront
resources while preventing loss of fish and wildlife, diminution of
open space areas or public access to the waterfront, erosion of shoreline,
losses due to flooding, erosion and sedimentation, impairment of water
quality, impairment of scenic, cultural or historic resources, and
permanent adverse changes to ecological systems.
D.
The substantive provisions of this chapter shall only
apply while there is in existence a 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 chapter, the following terms
shall have the meanings indicated:
All of the following, except minor actions, that are undertaken
by an agency:
Projects or physical activities, such as construction
or other activities that may affect the environment by changing the
use, appearance or condition of any natural resource or structure,
that are:
Agency planning and policy-making 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 my affect the environment; and
Any combination of the above.
Any board, agency, department, office, other body, or officer
of the Town of Chautauqua.
Consistent with the LWRP policy standards and conditions
and, whenever practicable, advancing one or more of them.
An action planned and proposed for implementation by an agency,
such as, but not limited to, a capital project, rule-making, procedure-making
and policy-making.
The physical conditions that will be affected by a proposed
action, including land; air; water; minerals; flora; fauna; noise;
resources of agricultural, archaeological, historic or aesthetic significance;
existing patterns of population concentration, distribution or growth;
existing community or neighborhood character; and human health.
The Chautauqua Lake Local Waterfront Revitalization Program
in which the Town of Chautauqua is included, 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 Town Clerk's office.
Includes the following:
Maintenance or repair involving no substantial
changes in 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 in
areas designated by the Coastal Erosion Hazard Area (CEHA) law where
structures may not be replaced, rehabilitated or reconstructed without
a permit.
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, or within significant coastal fish and wildlife
habitat areas.
Granting of individual setback and lot-line
variances, except in relation to a regulated natural feature, a bulkhead
or other shoreline defense structure.
Minor temporary uses of land having negligible
or no permanent impact on coastal 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, engineering studies, surveys, subsurface investigations and
soils studies, that do not commit the agency to undertake, fund or
approve any 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 code.
Routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment.
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.
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
deicing 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 chapter 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 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 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 chapter.
Local legislative decisions such as rezoning
where the Town Board determines the action will not be approved.
The waterfront revitalization area delineated within the
Town of Chautauqua in the Chautauqua Lake Local Waterfront Revitalization
Program.
The form used by an agency to assist it in determining the
consistency of an action with the local waterfront revitalization
program.
A.
Whenever a proposed action is located in the waterfront area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in § 141-5 hereof. No action in the waterfront area shall be approved, funded or undertaken by that agency without such a determination.
B.
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 within the waterfront area, the applicant, or in
the case of a direct action, the agency, shall prepare a waterfront
assessment form (WAF) to assist with the consistency review.
C.
The agency shall refer a copy of the completed WAF
to the Town Zoning Board of Appeals within 10 days of its receipt
and, prior to making its determination, shall consider the recommendation
of the Town Zoning Board of Appeals about the consistency of the proposed
action.
D.
Upon receiving a referral from an agency, the Town Zoning Board of Appeals shall consider whether the proposed action is consistent or inconsistent with the LWRP policy standards and conditions set forth in § 141-5 hereof, as follows:
(1)
The Zoning Board of Appeals shall render a written
recommendation to the agency within 30 days following referral of
the WAF from the agency, unless such time is extended by mutual agreement
of the Board and the applicant or, in the case of a direct action,
the agency.
(2)
The Zoning Board of Appeals may require the applicant
to submit all completed applications, WAFs and any other information
deemed necessary for such consideration.
(3)
The recommendation shall indicate whether the proposed
action is consistent or inconsistent with one or more of the LWRP
policy standards or conditions and the basis of the opinion.
(4)
The Zoning Board of Appeals also shall make any suggestions
to the agency concerning modification of the proposed action to make
it consistent with the LWRP policy standards and conditions or to
greater advance them.
(5)
If the Zoning Board of Appeals does not timely render
its recommendation, the referring agency may make its determination
without the benefit of the Board's recommendation.
E.
If the agency and the Zoning Board of Appeals concur
in the consistency of the proposed action, the agency may proceed
with the action. If the agency disagrees with the recommendation,
the agency shall within 10 days prepare and transmit to the Zoning
Board of Appeals a written finding detailing its position. The Board
and the agency shall meet to resolve their differences within 15 days
of the Board's receipt of the agency's finding.
F.
If the Board and the agency cannot reach a mutually
agreeable determination of consistency, the matter will be referred
to the Town Board for a finding of consistency. The agency shall take
no action until the Town Board has made a determination and finding
of consistency with the LWRP.
(1)
Where the Zoning Board of Appeals is the agency, this
subsection shall not apply, but the Zoning Board of Appeals shall
make a consistency finding when reviewing and considering an application
for a variance or special use permit.
(2)
Where the Town Board is the agency, this subsection
shall not apply, but the Town Board shall consider the consistency
recommendation of the Zoning Board of Appeals and policy standards
when making its final determination.
G.
Where an action involves the preparation of an environmental impact statement (EIS) for purposes of environmental review, the draft EIS shall identify applicable LWRP policy standards in § 141-5 and thoroughly discuss the effects of the proposed action on such policy standards.
H.
The Town Clerk shall maintain a file for each action
subject to a consistency determination which shall include any recommendation
received from the Zoning Board of Appeals, and such files shall be
kept open for public inspection upon request.
Actions to be undertaken within the waterfront
area 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 III of the Chautauqua Lake LWRP,
a copy of which is on file in Town Clerk's office and available for
inspection during normal business hours. In the case of direct actions,
the agency shall also consult with Section IV of the LWRP in making
its consistency determination. The action shall be consistent with
policies to:
A.
Foster a pattern of development in the waterfront
area that enhances community character, preserves open space, makes
efficient use of infrastructure, makes beneficial use of a waterfront
location, and minimizes adverse effects of development (Policy 1).
B.
Preserve historic resources of the waterfront area
of Chautauqua Lake (Policy 2).
C.
Enhance visual quality and protect scenic resources
in the Chautauqua Lake area (Policy 3).
D.
Minimize loss of life, structures, and natural resources
from flooding and erosion (Policy 4).
E.
Protect and improve water resources (Policy 5).
F.
Protect ecological resources around Chautauqua Lake,
including important fish habitats, wetlands, and rare ecological communities
(Policy 6).
G.
Protect and improve air quality in the Chautauqua
Lake area (Policy 7).
H.
Minimize environmental degradation in the Chautauqua
Lake communities from solid waste and hazardous substances and wastes
(Policy 8).
I.
Provide for public access to and recreational use
of waterfront, public lands, and public resources of the waterfront
area (Policy 9).
J.
Protect Chautauqua Lake's water-dependent uses and
promote siting of new water-dependent uses in suitable locations (Policy
10).
K.
Promote the sustainable use of fish resources in Chautauqua
Lake (Policy 11).
L.
Protect existing agricultural lands in and adjacent
to the Chautauqua Lake waterfront revitalization area (Policy 12).
M.
Promote appropriate use and development of energy
and mineral resources (Policy 13).
No action within the waterfront area that is
subject to review under this chapter shall proceed until a written
determination has been issued from a Town 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 Code Enforcement Officer 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 Town Code Enforcement Officer and Town Attorney shall
be responsible for enforcing this chapter.
A.
A person who violates any of the provisions of or
who fails to comply with any condition imposed by this chapter shall
have committed a violation punishable by a fine not exceeding $250
for a conviction of a first offense and punishable by a fine of $500
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 Town Attorney is authorized and directed to institute
any and all actions and proceedings necessary to enforce this chapter.
Any civil penalty shall be in addition to and not in lieu of any criminal
prosecution and penalty.
