Town Of Dewitt City Zoning Code
ARTICLE XXII
Local Waterfront Revitalization Program Consistency Review Law
§ 192-127 Title.
This article will be known as the "Town of DeWitt Local Waterfront Revitalization Program (LWRP) Consistency Review Law."
§ 192-128 Statutory authority; purpose.
A.
This article is adopted under the authority of the Municipal Home Rule Law 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 article is to provide a framework for agencies of the Town of DeWitt ("Town") to incorporate the policies and purposes contained in the Town of DeWitt Local Waterfront Revitalization Program ("LWRP") when reviewing applications of actions or direct agency actions located within the coastal area. This article will also ensure that such actions, as well as direct actions undertaken by Town agencies, are consistent with the LWRP policies and purposes.
C.
The Town intends that the preservation, enhancement and utilization of the natural and manmade resources of the waterfront area of the Town occur in a coordinated and comprehensive manner to ensure protection of natural resources while also accommodating growth and economic development. Accordingly, this article aims to permit the beneficial use of waterfront resources While preventing loss and degradation of living waterfront resources and wildlife. All policies and purposes of the DeWitt LWRP must be considered and followed, not balanced one against another. While allowing for new development, the LWRP policies protect against adverse impacts to historic structures; diminution of open space areas or public access to the waterfront; disruption of natural waterfront processes; impairment of scenic, cultural or historical resources; losses due to flooding, erosion and sedimentation; impairment of water quality; or permanent adverse changes to ecological systems.
§ 192-129 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Includes all of the following, except minor actions:
Projects or physical activities, such as construction or any other activities that may affect natural, manmade or other resources in the coastal area or the environment by changing the use, appearance or condition of any resource or structure, that:
Agency planning and policymaking 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 may affect waterfront resources of the environment; and
Any combination of the above.
Any board, agency, department, office, other body, or officer of the Town of DeWitt.
The Building Inspector or Code Enforcement Officer in the Town of DeWitt.
The action will fully comply with the LWRP policy standards, conditions, and objectives and, whenever practicable, will advance one or more of these policies and purposes.
Actions planned and proposed for implementation, or undertaken by an applicant or agency, such as a capital project, rulemaking, procedure making, permitting, funding, or policy making.
The Director of Planning and Zoning for the Town of DeWitt or their designee.
The physical conditions that will be affected by a proposed action, including land; air; water; minerals; flora and fauna; noise; resources of agricultural, archeological, historical, or aesthetic significance; existing patters of population concentration, distribution, or growth; existing community or neighborhood character; and human health.
The Local Waterfront Revitalization Program of the Town of DeWitt, approved by the New York State 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 Town Clerk of the Town of DeWitt.
Includes the following actions, which are not subject to review under this chapter:
Maintenance or repair involving no substantial changes in an existing structure or facility.
Replacement, rehabilitation or reconstruction of a structure or facility, in-place and in-kind, including upgrading buildings to meet building or fire codes.
Repaving or routine maintenance of existing paved highways not involving significant widening or 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.
Granting of individual setback and lot line variances, except in relation to a regulated natural feature or a bulkhead or other shoreline erosion protection structure.
Minor temporary uses of land having negligible or no permanent impact in waterfront resources or the environment.
Installation of traffic control devices in 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 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 furtherance of 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 the project sponsor to commence the action unless and until all requirements of this article 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 history 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 and disturbance, practicable under the circumstances, to waterfront 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 article.
Local legislative decisions where the Town of DeWitt determines the action will not be approved.
The form, a sample of which is appended to this article, used by an agency to assist in determining the consistency of an action with the Local Waterfront Revitalization Program.
A defined area within the Town of DeWitt where the policies of the Local Waterfront Revitalization Program shall apply. This area includes New York State's designated inland waterways, other significant water features, and adjacent uplands that are described in the Town of DeWitt's LWRP and located within the WRA boundary area. The DeWitt WRA boundary is depicted on the Waterfront Revitalization Area map on file with the New York State Secretary of State and the Town Clerk of the Town of DeWitt.
§ 192-130 Management and Coordination of the LWRP.
A.
The Director shall be responsible for coordinating review of actions in the Town's Waterfront Revitalization Area for consistency with the LWRP, and will advise and make consistency recommendations to other Town agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program.
B.
The Director shall coordinate with the New York State Department of State regarding consistency review of actions by federal agencies and with state agencies regarding consistency review of their actions.
C.
The Director shall assist the Town Board, or their designee, in making applications for funding from state, federal, or other sources to finance projects proposed in the LWRP.
D.
The Director shall perform other functions regarding the Waterfront Revitalization Area and direct such actions or projects, as the Town Board may deem appropriate, to implement the LWRP.
§ 192-131 Review of actions.
A.
Whenever a proposed action is located within the Waterfront Revitalization Area, the appropriate Town agency shall, prior to approving, funding or undertaking the action, make a determination that is consistent with the LWRP policy standards summarized in Subsection I herein. No action in the Waterfront Revitalization Area shall be approved, funded or undertaken by the Town without such a determination.
B.
Whenever a Town 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 to be located in the Waterfront Revitalization Area, the agency shall refer a copy of the completed Waterfront Assessment Form (WAF) to the Director within 10 days of its receipt and prior to making its determination shall consider the recommendation of the Director with reference to the consistency of the proposed action.
C.
After referral from an agency, the Director shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection I herein. The Director shall require the applicant to submit all completed applications, WAF, Environmental Assessment Form (EAF), and any other information deemed necessary to its consistency recommendation.
(1)
The Director shall render a written recommendation to the agency within 30 days following referral of the WAF from the agency, unless extended by mutual agreement of the Director and the applicant or in the case of a direct action, the agency. The Director's recommendation shall indicate whether the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or purposes and shall elaborate in writing the basis for its opinion. The Director shall, along with a consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the composition of conditions, to make it consistent with LWRP policy standards to the maximum extent practicable, or to advance them.
(2)
In the event that the Director's recommendation is not forthcoming within the specified time, the agency shall make its consistency decision without the benefit of the Director's recommendation.
(3)
The Town shall maintain a file for each action made the subject of a consistency determination. Such file shall be kept in the Department of Planning and Zoning and made available for public inspection upon request.
D.
If an action requires approval of more than one Town agency, decision making will be coordinated between the agencies to determine which agency will conduct the final consistency review, and that agency will thereafter act as the designated consistency review agency for the specific action being reviewed. Only one WAF per action will be prepared. If the agencies cannot agree, the Director shall designate the consistency review agency.
E.
Upon receipt of the Director's recommendation, the agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Subsection I herein. The agency shall consider the consistency recommendation of the Director, the WAF and other relevant information in making its written determination of consistency. No approval or decision shall be issued for an action in the Waterfront Revitalization Area without a written determination of consistency having first been rendered by a Town agency.
F.
The Zoning Board of Appeals is the designated agency for making the determination of consistency for variance applications subject to this law. The Zoning Board of Appeals shall consider the written consistency recommendation of the Town Code Enforcement Officer in the event and at the time it makes a decision to grant such a variance and may impose appropriate conditions on the variance to make the activity consistent with the objectives of this law.
G.
Where an environmental impact statement (EIS) is being prepared or required, the draft EIS must identify applicable LWRP standards in Subsection I and include a thorough discussion of the effects of the proposed action on such policy standards.
H.
In the event the Director's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis of its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards.
I.
Actions to be undertaken within the Waterfront Revitalization Area shall be evaluated for consistency in accordance with the following summary of LWRP policy standards, which are derived from and further explained and described in Section III of the LWRP, a copy of which is one file in the Town Clerk's office and available for inspection during normal business hours. Agencies which undertake direct actions must also consult with Section IV in making their consistency determination. The action must be consistent with the policies to:
(1)
Foster a pattern of development in the waterfront revitalization 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.
(2)
Preserve historic resources in the waterfront revitalization area.
(3)
Enhance visual quality and protect scenic resources in the waterfront revitalization area.
(4)
Minimize loss of life, structures and natural resources from flooding and erosion.
(5)
Protect and improve water resources in the waterfront revitalization area.
(6)
Protect and restore the quality and function of the waterfront revitalization area and ecosystem.
(7)
Protect and improve air quality in the waterfront revitalization area.
(8)
Minimize environmental degradation in the local waterfront revitalization area from solid waste and hazardous substances and wastes.
(9)
Provide for public access to, and recreational use of, waterfront waters, public lands, and public resources of the waterfront revitalization area.
(10)
Protect water-dependent uses and promote siting of water-dependent uses in suitable locations.
(11)
Promote sustainable use of living freshwater resources in the waterfront revitalization area.
(12)
Protect agricultural lands in the waterfront revitalization area.
(13)
Promote appropriate use and development of energy and mineral resources.
§ 192-132 Enforcement.
No action within the Town of DeWitt Waterfront Revitalization Area, which is subject to review under this chapter, shall proceed until a written determination has been issued from the Town agency that the action is consistent with the DeWitt LWRP policy standards. In the event that an activity is being performed in violation of this law or any conditions imposed thereunder, the Town 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 Department of Planning and Zoning and its designees are responsible for enforcing this chapter.
§ 192-133 Violations; penalties for offenses.
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 $350 for a conviction of a first offense and punishable by a fine of $2,000 for a conviction of a second or subsequent offense. For the purpose of conferring jurisdiction upon courts and judicial officers, each week a 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 article. Any civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty. The Town may also enforce this article by injunction or other civil proceeding.
§ 192-134 Severability.
The provisions of this article are severable. If any provision of this article is found invalid, such finding shall not affect the validity of this article as a whole or any part or provision hereof other than the provision so found to be invalid.
§ 192-135 When effective.
This chapter 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.