[HISTORY: Adopted by the City Council of the City of Lackawanna 6-19-1989
by L.L. No. 2-1989. Amendments noted where applicable.]
This Local Waterfront Revitalization Program (LWRP) Consistency Law
for the City of Lackawanna requires all “Type I” and “Unlisted”
actions [as defined by the State Environmental Quality Review Act (SEQRA)
implementing regulations] that would be directly undertaken, approved, or
funded by the City to be reviewed by the City Council for consistency with
the City of Lackawanna LWRP.
This chapter shall be known and may be cited as the “City of Lackawanna
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 City of Lackawanna waterfront
area by ensuring that certain actions to be undertaken, approved, or funded
by the City will be done in a manner consistent with the policies and purposes
of the City of Lackawanna LWRP. The consistency review, while triggered by
SEQRA, is a freestanding review conducted by the City Council.
This chapter is adopted under the authority of the Municipal Home Rule
Law and Article 42 of the Executive Law.
All agencies of the City of Lackawanna shall 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 (NYCRR).
As used in this chapter, the following terms shall have the meanings
indicated. All other terms for which definitions are given in SEQR and/or
Part 617 shall have the same meanings in this chapter.
Either a "Type I" or "Unlisted" action, as defined in SEQR regulations
at 6 NYCRR 617.2.
The City of Lackawanna.
Any board, department, office, other bodies or officers of the City
of Lackawanna.
The City Council of the City of Lackawanna.
As appended to this chapter.[1]
The action will be fully in compliance with and will not hinder any
of the City of Lackawanna LWRP policy standards and conditions.
As defined at 6 NYCRR 617.2(m).
The local program to implement the N.Y.S. Coastal Management Program
within the City of Lackawanna, approved by the Secretary of State
pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways
Act (Article 42 of the Executive Law of New York State), a copy of which is
on file in the office of the Clerk of the City of Lackawanna.
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.)
The City of Lackawanna Planning Board.
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.)
That portion of the New York State Coastal Area within the City of
Lackawanna as delineated in the City of Lackawanna Local Waterfront Revitalization
Program.
[1]
Editor's Note: Said form is on file in City offices.
A.
As early as possible in the formulation of a Type I or
an Unlisted action, the agency shall prepare a Coastal Assessment Form (CAF)
to assist with the consistency review. However, when an applicant submits
an application to a City agency for an approval of an action, the applicant
shall prepare a CAF.
B.
The City Council or a City 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 Coastal Assessment Form (CAF) for the proposed
action. Following preparation, the City Agency shall refer the CAF, and any
other pertinent information for that action, to the City Council 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 City agency pursuant to § 223-7, the City Council shall either: determine that the action is consistent with the policies and purposes of the LWRP and will not substantially hinder achieving the policies and purposes of the LWRP; or determine that the action will substantially hinder achieving the LWRP standards and conditions.
(1)
If the City Council determines that the action will cause
a substantial hindrance to the achievement of the LWRP policy standards and
conditions, such action will not be undertaken unless the City Council determines
with respect to the proposed project that:
(a)
No reasonable alternatives exist which would permit the
action to be undertaken in a manner which will not substantially hinder the
achievement of such LWRP policy standards and conditions;
(b)
The action would be undertaken in a manner which will
minimize all adverse effects on such LWRP policy standards and conditions
to the maximum extent practicable;
(c)
The action will advance one or more of the other coastal
policies; and
(d)
The action will result in an overriding City, regional
or statewide public benefit.
(2)
Such a finding shall constitute a determination that
the action is consistent.
B.
The City Council shall complete its review of the proposed
action's consistency and prepare a written finding to the referring City
agency within 30 days of the referral date. This time may be extended by agreement
of the City Council and said Agency or as may be necessary to coordinate with
SEQR review. The City Council may refer such actions for review to any municipal
agency. Such agencies include but are not limited to the City Attorney, Department
of Public Works, Planning Board and Department of Development.
C.
The written findings of the City Council shall be filed
with the City Clerk before the action is undertaken, approved or funded.
