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Home My WebLink AboutLL 2004 #16 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OP ~rlTAL STATISTICS i~LAiRRL~GE OFFICER RECORDS ~AGEMENT OFFICER FREEDOM OF rNFOILhLi_TION OFFICER Tmvn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldt own.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT TIlE FOLLOX~qNG RESOLUTION NO. 594 OF 2004 WAS .aDOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TO~VN BOARD ON JULY 27, 2004: ~gqtEREAS there was presented to the Town Board of the To~m of Southold, SuffoLk County, New York, on the 27th day of July, 2004 a Local Law entitled "A Local Law in relation to the Town Of Southold Local Waterfront Revitalization Program Consistency Re,Sew", and WHEREAS the Town Board of the To~m of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard, now therefor be it RESOLVED that the Tox~m Board of the Town of Southold hereby enacts the following Local Law: A Local Law enthled "A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency Review" reads as follows: LOCAL LAW NO. 16 2004 A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency Review. BE IT ENACTED by the Totem Board of the Tox~m of Southold as follows: GENERAL PROVISIONS I. Title. This Local law will be known as the Town of Southold Local Waterfront Revitalization Prognun (LWRP) Consistency Review Law. II. Authority and Purpose. A. This local law 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 local law is to provide a framework for agencies of the Town of Southold to incorporate the pohcies and pm-poses contained in the Toxxm of Southold Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions within the coastal area; and to assure that such actions and direct actions by the To~m are consistent with the LWRP policies and purposes. C. It is the intention of the Town of Southold that the preservation, enhancement and utilization of the unique coastal area of the Town take place in a coordinated and comprehensive manner to ensure a prop~ balance between protection of natural resources and the need to aceormnodate limited population growth and economic development. Accordingly, this local law is~ intended to aclCeve such a balance, permitting the beneficial use of coastal resources while preventing loss and degradation of limng coastal resources and wildlife; diminution of open space areas or pnhl~c acees~ to the waterfront; disruption of natural coastal processes; impairment of seen/c, cultural or historical resources; losses due t9 flooding, erosion and sedimentation; impairment o~fwater quality; or permanent adverse changes to ecological systems. D. The substantive provisions of this local law shall only apply while there is in existence a To~m of Southold Local Water, out Revitahzation Program whic~h has been adopted in accordance with Article 42 of the Executive Law- of the State of New York. III. Definitions. A. "Actions" include all the following, except minor actions: (1) 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 envirortment by changing the use, appearance or cundition of any resource or structure, that: (i) are directly undertaken by an agency; or (ii) involve funding by an agency; or (iii) require one or more new or modified approvals, permits, or review from an agency or agencies; (2) agency plamaing and policymaking activities that may affect the Environment and commit the agency to a definite course of future decisions; (3) adoption of agancy rules, re~flations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect coastal resources or the environment; and (4) any combination of the above. B. "Agency" means any board, agency, department, office, other body, or officer of the Town of Southold. C. "Coastal area" means 'that portion of New York State coastal waters and adjacent shorelands as de£med in Article 42 of the Executive Law wlfich is located within the boundaries of the Town o.t'Southold, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Town of Southold Local Waterfront Revitalization Program (LWRP). In Southotdthis area is inclusive of the entire town. D. "Coastal Assessment Form (CAF)" means the form used by an agency to assist in determining the consistency of an action with the Local Water~ont Revitalization Program. E. "Consistent" means that the action will fitlly comply with the LWRP pohcy standards, conditions and objectives and, whenever practicable, will advance one or more of them. F. "Direct. Actions" mean actions planned and proposed for implementation by an agency, such as, but not limited to a capital project, rule making, procedure making and policymaking. G. "Environment" means all conditions, circumstances and influences surrounding and affecting the development of living organisms or other resources in the coastal area. H. "Local Waterfront Revitalization Program" or "L~VRP" means the Local Waterfront Revitalization Program of the To,am of Southold, approved by the Secretary of State pursuant to the Waterfi'ont Revitalization of Coastal Areas and Inland Waterways Act (Executive La, v, Article 42), a copy of which is on file in the Office of the Clerk of the Town of Southold. I. "Minor actions" include the following actions, which are not subject to review under this chapter: (1) maintenance or repair involving no substantial changes in an existing structure or facility; (2) 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; (3) repaying or widening of existing paved highways not involving the addition of new travel lanes; (4) street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; (5) maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or ~vithin Significant Coastal Fish and Wildhfe Habitat areas; (6) granting of individual setback and lot line variances, except in relation to a (7) (8) (9) (10) (Ii) (12) (13) (14) (is) (16) (t7) regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CELIA; minor temporary uses of land having negligible or no permanent impact on coastal resources or the envi~onmant; installation of traffic control devices on existing streets, roads and highways; mapping of existing roads, streets, highxvays, 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 where issuance is predicated solely on the applicant's compliance or noncomphance with the relevant local build'mg code; routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the en~Sronn~ent; conducting concurrent en~Sronmental, engineering, economic, feasibility and other studies and preliminary plmm/ng and budgetary processes necessary to the fommlation of a proposal tbr action, provided those activities do not commit the agency to conunence, engage in or approve such action; collective bargaining activities; invesUnents by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; inspections and licensing activities relating to the qualifications of indixfduals or businesses to engage in their business or profession; purchase or sale of fimfishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; (18) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; (19) engaging in review of any part of an application to determine compliance With technical requirements, provided that no such determination entities or permits the project sponsor to commence the action unless and until all requirements of this Part have been fulfilled; (2O) civil or criminal enforcement proceedings, whether admirdstrative or judioial, including a particular cottrse of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutor/al discretion; (21) adoption of a moratorium on land development or construction; (22) interpreting an existing code, role or regnlation; (23) designation of local landmarks or their inclusion wSthin historic districts; (24) emergency actions that are inmaediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directiy 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 Part; (25) local legislative decisions such as rezoning where the Towqa Board detennines the action will not be approved_ IV. Management and Coordination of the A. The Toxxm Board shall be responsible for overall management and coordination of the LWRP_ In performing this task the Town Board or desiomaated staffperson shall: (1) Inform the Town Board, To~xm Trustees and other To~m agencies or boards on implementation, pr/or/ties, work assignments, timetables, and budgetary requirements of the LX,VRP. (2) Make apphcations for funding from State, Federal, or other sources to finance projects under the LWRP. (3) Coordinate and oversee liaison between Town agencies and departments, including but not limited to the Town Board, Town Trustees, Planning Board, Zoning Board of Appeals, Plarm/ng Staff, Police Department, High~vay Superintendent and Engineering Departments of the Toxxm, and with other non-governmental bodies, to further implementation of the (4) Prepare an annual report on progress achieved and problems encountered in implementing the LWRP, and recommend actions necessary for further implementation to the appropriate Tox~m agency or the To~m Board. 5) Perform other functions regarding the coastal area and direct such actions or projects as are necessary, or as the Town Board may deem appropriate, to implement the LWRP. B. In order to foster a strong relationship and nmintain an active liaison among the To~vn agencxes responsible for implementation of the LWRP, the Town Board shall convene at least quarterly a Town LWRP coordinating council, including but not limited to representatives of the Tow-n Board, Tox~m Trustees, Planning Board, Zoning Board of Appeals, Higl~way Department, Police Department, Engineering Depatmaent, Planning Director and such other To~m departments or individuals charged with LWRP implementation as rnay be designated. V. Re,Sew of Actions. A. Whenever a proposed action is located within the Tox~m's coastal area, each agency shall, prior to approxfing, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in Section I herein. No action ha the coastal area shall be approved, funded or undertaken by an agency without such a determination. B. The Town Board shall designate a staff person to be the "LWRP Coordinator" who shall be responsible for coordinating review of actions in the Town's coastal area for consistency with the LWRP, and will advise, assist and make consistency recommendations for other To~n agencies ha the implementation of the LWRP, its policies and projects, hacluding physical, legislative, regulatory, admhaistrative and other actions included in the program. The LWRP Coordinator will also coordinate with NYS DOS regarding consistency review for actions by State or Federal agencies. C. Whenever m~ agency within Southold receives an application for approval or ftmding of an action, or as early as possible in the agency's formulation ora direct action to be located in the coastal area, 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. The agency sba41 refer a copy of the completed CAF to the LWRP Coordinator within ten (10) days of its submission and prior to making its determination, shall consider the recommendation of the Coordinator with reference to the consistency of the proposed action. D. After referral from an agency, the LWRP Coordhaator shall consider whether the proposed action is consistent ~vith the LWRP policy standards and conditions set forth in Section I herein. The LWRP Coordinator shall require the applicant to submit all completed applications, CAFs, and any other information deemed necessary to its consistency recorrmlendataon. Thc LWRP Coordinator shall render its ~,~tten recommendation to the agency within thirty (30) days following referral of the CAF firom the agency, unless extended by mutual agreement of the Coordinator and the applicant or in the case of a direct action, thc agency_ The LWRP Coordinator's recommendation shall indicate whether the prgposed action is consistent xvith or inconsistcmt with one or more of the LWRP policy standards and objectives and shall elaborate in writing the basis for its opini_on. The LWRP Coordhmtor shall, along with a consistency recommendation~ make any suggestions to the agency cenceming mod'uficafion of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them. E. If an action requires approval of more than one agency, decision making will be coordihated between agencies to determine wliich agency will conduct the final consistency review, and that agency w/Il thereaaer act as designated consistency review agency. Only one CAF per action will be prepared. If the agencies cannot agree, the LW~O,P Coordinator shall designate the consistency review agency. F. Upon recommendation of LWRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the LVV2~P policy standards summarized in Section I herein. Prior to makh~g its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a vn-itten determination of consistency based on the CA1~, the LWRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action' in the coastal area Mthout a determination of consistency. The designated agency will make the final determination of consistency. The Zoinng Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this law. The Zoinng Board of Appeals shall consider the written consistency recommendation of the LWRP Coordinator in the event and at the thne it makes a decision to ~ant such a variance and shall hnpose appropriate conditions on the variance to make the activity consistent with the objectives of this law. G. Where an EIS is being prepared or required, the draft EIS must identify applicable LWRP policies and standards and include a discussion of the effects of the proposed action on such policy standards. No agency may make a final decision on an action that has becn~ the subject of a draft EIS and is located in the coastal area antil the agency has made a written finding regarding the consistency of the action with the local policy standards referred to in Section I herein. H. In the event the LWRP Coordinator's recommendation is that tlie action is inconsistent with the LWP, P, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWR_P policy standards. I. Actions to be undertaken within tlie coastal area shall be evaluated for consistency in accordance with the following summary of LWRP policies, which are derived from and further explained and described in the Tm~m of Southold LWRP, a copy of which is on file in the To~m Clerk's office and available for inspection during normal business hours. Agencies that undertake direct actions shall also consult w/th Section V, in making their consistency determination. The action shall be consistent with the policies to: Policy 1 Policy 2 Policy 3 Policy 4 Policy 5 Po[icy 6 Policy 7 Policy 8 Public Coast Policy 9 Foster a pattern of development in the Town of Southold that enhances commtmity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Preserve historic resources of the Town of Southold Enhance visual quality and protect scenic resources throughout the To~m of Southold. Minimize the loss of life, structures, and natural resources from flooding and erosim~_ Protect and improve water quality and supply in the Town of Southold. Protect and restore the quality and function of the Town of Southold ecosystem. Protect and improve ah: quality in the Town of Southold. Mittimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Policies Provide for public access to, and recreational use of, coastal waters, public lands, and public resoumes of the Town of Southold .' Working Coast Policies Policy 10 Protect the Toxvn of Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Policy 11 Promote sustainable use of living marine resources in the Toxvn of Southold. Policy 12 Protect agricultural lands in the Tox~m of Southold. Policy 13 Promote appropriate use and development of energy and mineral reSOurCeS. J. : Each agency shall maintaiu a file for each action made the subject of a consistency detem~inatiun, including any recommendations received fi:om the LWRP Coordinator_ Such files shall be made a~ailable for public inspection upon request. VI. Enforcement. The Town Building Inspectors, Town Attorney, Code Enforcement Officers and Police DepartmenffBay Constables shall be respunsible for enforcing this Chapter. No action ~,ith/n I . Southold coastal area which is subject to rexSew under tlfis Chapter shall proceed until a written determmatlon has been issned, fi.om the designated agency that the ac~on is consistent with the Town'~ LWRP policy standards. In the event that an acti~Sty is being performed in violation of this Cfiapter or any conditions hnposed thereUnder, the BuLlding Inspector or any other authorized official of the Town shall issue a stop work order and al/work shall immediately cease. ~ No further work or activity shall be undertaken Un the project so long as a stop work order i~ in effect. Violations. A. A person xvho violates any of the proxdsions of, or ~vho fails to comply with any condition imposed by, this Chapter shall have committed a violation, punishable by a fine not i. exceeding two hundred and fifty dollars ($250.00) for a conviction of a first offense and pUnishable by a fine of two thousand dollars ($2000.00) for a conviction of a second or subseqt~ent offense. For the purpose of conferring jurisdiction upon corms and judicial officers, each week of conthm/ng 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 local law. Any civil penalty shall be in addition to and not in lieu ~fany criminal prosecution and penalty. The provismns of this local law are severable. If any pro~sion of this local law is found invalid, such finding shall not affect the vahdtty of this local law as a whole or any part or provtsmn h~reof dther than the provision so fotmd to be invalid. IX. Effective Date. This lodal law shall take effect immediately upon its filing in the office of the Secretary of State in accordance x~dth Section 27 of the Municipal Home Rule Law. Elizabeth A. Neville Southold Town Clerk STATE OF N~ YORE DEPARTi~IENT OF STATE 4 I STATE STREET ALBANY, NY i 223 I ~DO0 I GEoRGe E. PATAKi August6,2004 Elizabeth A Neville South Town Clerk Town Hall; 53095 Main Road PO BOX 1179 Southold NY 11971 RECEIVED AUG I 6 2004 $o.thold Town Clerk RE: Town of Southold, Local Law 14, 15, 16 & 17, 2004 filed on July 30, 2004 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 Local Law Filing ~W YORK STATE DEPARTMENT OF STATE 41 STATE STREET~ .&LBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as mended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. City Town of SOUTHOLD LOCAL LAW NO_ 16 2004 A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency Review. BE IT ENACTED by the Town Board of the Town of Southold as follows: GENERAL PROVISIONS I. Title. This Local laxv will be known as the Town of Soutlaold Local Water~ont Revitalization Program (LWRP) Consistency Review Law. Authority and Purpose. A. This local law is adopted under the authority of the Municipal Home Rule Laxv and the Waterkont 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 local law is to provide a framexvork for agencies of the Town of Southold to incorporate the policies and purposes conta'med in the Town of Southold Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions within the coastal area; and to assure that such actions and direct actions by the To~na are consistent with the LWRP policies and purposes. C. It is the intention of the Town of Southold that the preservation, enhancement and utilization of the unique coastal area of the Town take place in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate limited population growth and economic development. Accordingly, this local law is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing loss and degradation of living coastal resources and wildlife; diminntion of open space areas or public access to the waterfront; disruption of natural coastal 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) BOS-239(Rev. 11/99) ( 1 ) © © D. The substantive provision~of this local law shall only apply while there is in existence a Town of Southold Lodal Waterfront Revitalization Program which has been adoptegjn accordance With Article 42 of the Executive La~v of the State of New ~rork- III. Defin{tions. A_ "Actions" include all the following, except minor actions: (1) projects or physical activities, such as construction or any other activities that may affect natural, manmad~ or other resources in the coastal area or the environment by changing the use, appearance or condition of any resource or structure, that: (/) are directly tmdertaken by an agency; or (ii) involve funding by an agency;, or (iii) require one or more new or modified approvals, permits, or review from an agency or agencies; (2) agency planning and policym~king activities that may affect the Environment and commit the agency to a definite course of future decisions; (3) adoption of agency roles, regulations and procedures, including local laws, codes, ordinances, exeentive orders and resolutions that may affect coastal resources or the environment; and (4) ,xuy combination of the above. B. "Agency" means any board, agency, department, office, other body, or officer of the Town of Southold. C. "Coastal area" means that portion of New York State coastal waters and adjacent shorelands as defined in Article 42 of the Executive Law which is located within the boundaries of the Town of Southold, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Town of Southold Local Waterfront Revitalization Program (LWRP). In Southold this area is inclusive of the entire town. D. "Coastal Assessment Form (CAF)" means the form used by an agency to assist in determining the consistency of an action with the Local Waterfront Revitalization Program. E. "Consistent" means that the action will fully comply with the LWRP policy standards, conditions and objectives and, whenever practicable, will advance one or more of them. F. "Direct Actions" mean actions planned and proposed for implementation by an agency, such as, but not linfited to a capital project, rule making, procedure making and policymaking. G. "Environment" means all conditions, circumstances and influences surrounding and affecting the development of living organisms or other resources in the coastal area. H. "Local Waterfront Revitalization Pro,am" or "LWRP" means the Local Waterfront Revitalization Program of the Town of Southold, 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 the Office of the Clerk of the Town of Southold- L "Minor actions" include the~. following actions, which are not subjecPt0~review under this chapter: (1) maintenance or repair invol;ing no substantial changes in an existing structure or facility; ' replacement, rehabilitation or reconstruction of a structure or facility, in kind, on thc 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 replacedz rehabilitated or reconstructed without a pen-nit; (3) repaying or xvideniug of existing paved highways.not involving the addition of new travel lanes; street openings mad right-of-way openings for the purpose of repair or maintenance of e.x/sting utility facilities; (5) 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; (6) granting of individual setback and lot line variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CELIA; (7) minor temporary uses of land hay'rog negli~ble or no permanent impact on coastal resources or the environment; (8) installation of traffic control devices on existing streets, roads and highways; (9) mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; (lO) 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; (11) official acts of a ministerial nature involving no exercise of discretion, Including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; (12)' murine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; (13) 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; (14) (15) (16) (i7) (18) (19) (2O) (21) (22). (23) (24) (25) C © 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 quahficatious of individuals or businesses to engage in their business or profession; purchase or sale of furrdshings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, s~oragu of road de-icing substances, or other hazardous materials; adoption ofregnlations, poheies, procedures and local legislative decisions in connection with any action on this list; engaging in re~qew 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 requ'ncements of this Part have been fulfilled; civil or crimhml 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 prosecutofial discretion; adoption of a moratorium on land development or construction; i~terpreting an existing code, rule or regulation; designation of local landmarks or their inclusion with/n 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 Pan; local legislative decisions such as rezouing where the Towu Board determines the action ~'ill not be approved_ IV. Management and Coordination o f the LWRP A. The Town Board shall be responsible for overall management and coordination of the LWRP. In performing this task the Town Board or designated staffperson shall: (1) Inform the Town Board, Town Trustees and other Town agencies or boards on implementation, priorities, work assignments, timetables, and budget ary r~luh, em~ts o f thc LWRP. 0 (2) Make applications for funding from State, Federal, or other sources to finance projects under the LWRP. (3) Coordinate and oversee liaison between Town agencies and departments, including bnt not limited to the Town Board, Town Trustees, Plarm/ng Board, Zoning Boar~I of Appeals, Planning Stall Police Department, Highway Superintendent and Engineering Depar~ents of the Tow-a, and with other non-governmental bodies, to further implementation o£the LWRP. (4) Prepare an annual report on progress achieved and. problems encountered in ~mplementing the LWRP, and recommend actions necessary for further implementation to the appropriate Town agency or the Town Board_ 5) Perfom~ other functions regarding the coastal area and direct such actions or projects as are necessary, or as the Town Board may deem appropriate, to implement the LWRP. B. In order to foster a strong relationship and maintain an active liaison among the Town agencies responsible for implementation of the LWRP, the Town Board shall convene at least quarterly a Town LWRP coordinating council, including but not limited to representatives of the Town Board, Town Trustees, Planning . Board, Zoning Board of Appeals, Highway Department, Police Department, Engineering Department, Planning Director and such other Town departments or individuals charged with LWRP implementation as may be designated V. Review of Actions. A. Whenever a proposed ac~tion is located within tho Town's coastal area, each agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards summarized in Section I herein. No action in the coastal area shall be approved, funded or undertaken by an agency without such a deterrrdnation. B. The Town Board shall designate a staffperson to be the "LWRP Coordirmtor" who shall be responsible for coord'mafing review of actions in the Town's coastal area for consistency with the LWRP, and will advise, assist and make consistency recommendations for other Town agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, adminis~zative and other actions included in the program_ The LWRP Coordinator will also coordinate with NYS DOS regarding consistency review for actions by State or Federal agencies. C. Whe~ever an agency within Southold receives an application for approval or funding of an action, or as early as possible in the agency's formulation ora direct action to be located in the coastal area, the applicant, or in the case of a direct action, the agency, shall prepare a Coastal Assessment Form (CAF) to assist with the consistency r~view. The agency shall refer a copy of the completed CAF to the LWRP Coordinator within ten (10) days of its submission and prior to making its determination, shall consider the recommendation of the Coordinator with reference to the consistency of the proposed action_ D. After referral from an agency, the LWRP Coordinator shall consider ~vhether the proposed action is consistent with the LWRP policy standards and conditions set forth ia Section I herein. The LWRP Coordinator shall require :the applicant to submit all completed applications, CAFs, and any other information deemed necessary to its consistency recommendatinm © © The LWRP Coordinator shall render its written recommendation t9' the agency within thirty (30) days follow'rog referral of the CAF fi:omlthe agency, unless extended by mutual agreement of the Coordinator and the applicant or in the case ora direct action, the agency. The LWRP Coordinator's recommendation shall indicate whether the proposed action is consistent with or inconsistent with one or ~ore of the LWRP policy standards and objectives and shall elaborate in writing the basis for its opinion. The LWRP Coordinator shall, along with a consistency recommendation, make any suggeslions to the agency concerning modification of the proposed action, including the imposition of conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them. E. If an action requires approval of more than one agency, decision making will be coordinated between agencies to determine which agency will conduct the final consistency review, and that agency will thereafter act as designated consistency review agency. Only one CAF per action will be prepared. If the agencies cannot agree, the LWRP Coordinator shall designate the consistency review agency. F. Upon recommendation of LWRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in Section I herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the LWRP Coordinator recommendation and such other information as is deemed necessary to its deterrninafion~ No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination o£ consistency. The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this law. The Zouing Board of Appeals shall consider the written consistenoy recommendation of the LWRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activity consistent with the objectives of this law. G. Where an ElS is being prepared or required, the draft Els must identify applicable LWRP policies and standards and include a discussion of the effects of the proposed action on such policy standards. No agency may make a final decision on an action that has been the subject o£ a draft EIS and is located in the coastal area until the agency has made a written finding regarding the consistency of the action with the local policy standards referred to in Section I herein. H. In the event the LWRP Coordinator'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 for 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 coastal area shall be evaluated for consistency in accordance with the following summary of LWRP policies, which are derived fi:om and further explained and described, in the Town of Southold LWRP, a copy of which is on file in the Town CleriCs office and available for inspection during normal business hours. Agencies that undertake direct actions shall also consult with Section V, in making their consistency determination. The action shall be consistent with the policies to: Policy 1 Foster a pattern of development in the Town of Sonthold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Policy 2 Preserve historic re~-d~urces of the Toxwa of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Policy 4 Minimize the loss of life, structures, and natural resources from flooding and erosion. Policy 5 Protect and improve water quality and supply ia the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. Policy 7 Protect and improve air quality in the Town of Southold. Policy 8 Minimize environmental degradation ia the Town of Southold from solid waste and hazardous substances and wastes. Public Coast Policies Policy 9 Provide for public access to, and recreational use of, coastal ~vaters, public lands, and public resources of the Town of Sotrthold. Working Coast Policies Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water-dependent uses ia suitable locations. Policy 11 Promote sustainable use of liviag marine resources in the Town of Southold. Policy 12 Protect agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. J. Each agency shall maintain a file for each action made the subject of a consistency determination. including any recommendations received fi:om the LWRP Coordinator. Such files shall be made available for public inspection upon request. VI. Enfomemeut_ The Town Building Inspectors, Town Attorney, Code Enforcement Officers and Police Department/Bay Constables shall be responsible for enforcing this Chapter. No action within Southold coastal area which is subject to review under this Chapter shall proceed until a written determination has been issued ~om the designated 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 Build'rog Inspector or any other authorized official of the Town shall issue a stop work order and all work shall immediately cease. No further work or acti~Sty shall be undertaken on the project so long as a stop work order is in effect. © © V~. Violations. 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 two hundred and fifty dollars ($250.00),for a conviction of a first offense and punishable by a fine of two thousand dollars ($2000.00) ~or a conviction of a second or subsequent offense. For the purpose of conferring jurisdiction upon courts and judicial officers, each week of conthauing 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 local law. Any cix51 penalty shall be in addition to and not in lieu of any criminal prosecution and penalty. VIII_ Severability. The provisions of this local law are severable. If any provision of this local law is found invalid, such finding shall not affect the validity of this local law as a whole or any part or provision hereof other than the provision so found to be invalid. IX. Effective Date. This local laxv shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Mtmicipal Home Rule Law. (Complete the cerffii n in the paragraph that applies to the'.~.,~ of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, designated as local Iaw No. 16 of 20 04 of the (C:'~x-~;)(C:~;)(Town) ~.5~zgz) of SOUTtlOLD was duly passed by the TOWN BOARD on July 27 ~ 20 04 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local lmv No. of 20 of the (County)(City)(Town)(Vilhge) of was duly passed by the on 20 , and was (appmved)(not approved)(repassed a~er disapproval) by the and was deemed duly adopted on 20 , ia accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandato~r)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(armual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Cotmty)(City)(Town)(V~llage). of was duly passed by the on 20 __., and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county le~slafive body, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) (City local law concerning Chartgr revision proposed by petition.) I hereby certify that the local law annexgd hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affn-mafive vote of a majority of the qualified electors of such city voting thereon at the (speeial)(general) election held on 20 __~ became operati~Ce. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Pale Law, and haxSng received the affirmative vote of a majority of the qualified electors of the cities of sa/d_county as a unit and a majority of the qualrfied electors of the towns of said coumy comSdered as a tm/t voting at said general election, became operative. Of any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the origSnal on file in this office and that the same is a correct Iranscript therefrom and of the ~vhole of suah original local law, and was finally adopted i~ the manner indicated in paragraph 1 , above. Cl*rk of the I~tmty legislative body. City. ~oam ~r Village Clerk or officer de~ignatod by locaI legislative body Elizabeth A. Ne~511e, Town Clerk (Seal) Date: July 28, 2004 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or take~ for the enactment of the local law arm/~ed hereto. /~/ ~ Town of SOUTHOLD Date: July 28, 2004 O) SOUTHOLD TOWN BOARD PUBLIC HEAPUNG Jul3r 27, 2004 5:15 P.M. HEARING ON "A LOCAL LAW IN RELATION TO TIlE TOWN OF SOUTHOLD LOCAL ' ~VATERFRONT REVITALIZATION PROGIL4dM CONSISTENCY REVIEW." Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M_ Romanelli Cotmciknan Thomas H. Wickham Councilman Daniel C_ Ross Cotmcilman William P. Edwards Toxxm Clerk Elizabeth A_ Nex411e To3;:n Attorney Patricia A. Firmegan COUNCILMAN WiCKI-IAM: NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the To;~m of Sonthold, Suffolk Count3,, New York, on the 29th day of June, 2004 a Local Law entitled "A Local Law in relation to the Town of Southold Local Waterfi'ont Revitalization Program Consistency Review" and NOTICE IS IlEREBY FURTHER GI;~EN that the To,~m Board of the Town of Southold will hold _a :public hearina on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road. Southold, New York, on the 27ta day of July, 2004 at 5:15 p.m. at which time ail interested persons will be given an oppommity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency.Review" reads as follows: LOCAL LAW NO. 2004 A Local Law in relation to the Town of Sonthold Local Waterfront Revitalization Program Consistency Review. BE IT ENACTED by the Toxxm Board of the Town of Southold as follows: GENERAL PROVISIONS I. Title. This Local law will be known as the Town of Southold Local Waterfront Revitalization Program (LWRP) Consistency Rex~iew Law. II. Authority and Purpose. July 27, 2004 2 Pubhc Hearing-Local Waterfront Re~4talizatiun Consistency Revie~v A. This local law is adopted under the authority of the Mmficipal Home Rule Law and the Waterfront Rex4talization of Coastal A2'eas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). · B. The pm-pose of this local law is to provide a fi'amework for agencies of the Tow-n of Sonthold to incorporate the policies and purposes contained in the Toxxm of Southold Local WatertSout Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions within the coastal area; and to assure that such actions and direct actions by the Town are consistent ~4th the LWRP policies and purposes. C. It is the intention of the Town of Southold that the prese~ation, enhancement and utilization of the m~ique coastal area of the Town take place in a coordinated and comprehensive maturer to ensure a proper balance between protection of natural resources and the need to accommodate limited population gro~h and economic development. Acco~din~y, this local law' is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing loss and degradation of living coastal resources and wildl/fe; diminution of open space areas or p~tblic access to the waterfxont; disruption of natural coastal processes; hnpairment of scenic, cultural or historical resources; losses due to flooding, erosion and sedimentation; impairment of water quali~y; or permar~ent adverse changes to ecological systems. D. The substantive proxdsions of this local law shall only apply while there is in existence a Town of Southold Local Waterfront Revitalization Program which has been adopted in accordance with Article 42 of the Executive Law of the State of New York. III. Definitions. A. "Actions" include all the following, except minor actions: (1) projects or physical activities, such as construction or any other activities that may affect natural, m~nmade or other resources in the coastal area or the environment by changh~g the use, appearance or condition of any resource or structure, that: (i) are directly undertaken by an agency; or (ii) involve funding by an agency; or (iii) require one or more new or modified approvals, permits, or review from an agency or agencies; (2) agency plantfing and policy'making activities that may affect rite Environment and commit the agency to a defidite course of future decisions; (3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect coastal resources or the envirotm~ent; and (4) any combination of the above_ B. "Agency" means any board, agency, department, office, other body, or officer of the Town of Southold. C. "Coastal area" means that portion of New York State coastal waters and adiacent :shorelands as defined in Article 42 of the Executive Law which is located within the boundaries of the Town of Southold~ as shown on the coastal area map on file in the office of the Secretary of :State and as delineated in the Town of Southold Local Waterfront Revitalization Pro,ram i(LXVRP). In Southold this area is inclusive of the entire town. D. "Coastal Assessment Form (CAF)" means the form used by an agency to assist in determhfing 'the consistency of an action ~4th the Local Watcrfi'ont Revitalization Program. July 27, 2004 3 Public Hearing-Local Waterfxont Revitalization Consistency Review E. "Consistent" means that the action wSll fully comply with the LWRP policy standards, conditions and objectives and, whenever practicable, will advance one or more o f them. F. "Direct Actions" mean actions planned and proposed for implementation by an agency, such as, but not 1Lin[ted to a capital project, rule making, procedure making and policymaking. G. "Environment" means all conditions, ckcumstances and influences surrounding and affecting the development of living organisms or other resources in the coastal area. H. "Local Waterfront Revitalization Program" or "LWRP" means the Local Waterfront Rexftalizatfon Progran~ of the Town of Soutliold, 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 the Office o£the Clerk of the Town of Southold. I. "Minor actions" include the following actions, which are not subject to review under this chapter: (1) maintenance or repair involving no substantial changes in an existing structure or facility; (2) 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 wliere structures may not be replaced, rehabilitated or reconstructed without a permit; (3) repaying or widening of existing paved highways not involving the addition of new travel lanes; (4) street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; (5) maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or xvithin Significant Coastal Fish and Wildlife Habitat areas; (6) granting of ind/vidual setback and lot line variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CELIA; (7) minor temporary uses of land having negligible or no permanent in, pact on coastal resources or the envh'omnent; (8) installation of traffic control devices on existing streets, roads and highways; (9) mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; (10) information collection including basic data collection and research, water quality and pollution studies, traffic counts, en~neering stndies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action; (11) official acts of a ministerial nature involving no exercise of discretion, Including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; (12) routine or cont'muing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; July 27, 2004 4 Public Hearing-Local Waterfront Revitalization Consistency Review- (13) 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; (14) collective bargaining activities; (15) investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; (16) inspections and hcensing activities relating to the qualifications of indix4duals or businesses to engage in their business or profession; (17) purchase or sale offumishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; (18) adoption of regulations, policies, proqedures and local legislative decisions in connection with any action on this list; (19) 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 cormnence the action unless and until all reqdiremenIs of this Part have been fulfilled; (20) civil or criminal enforcement proceed'mgs, whether administrative or judib[al, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; (21) adoption of a moratorinm on land development or construction; (22) interpreting an existing code, role or regulation; (23) designation of local landmarks or their inclusion within historic districts; (24) 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, prac.ticable under the circmnstances, to coastal resources or the envirom-netu. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fi~lly subject to the review procedures of this Part; (25) local legislative decisions such as rezon'mg where the Toxxm Board determines the action will not be approved. IV. Management and Coordination of the L~VRP A. The Town Board shall be responsible for overall management and coordination of the LWRP. In performing this task the Town Board or designated staff person shall: (1) Inform the Town Board, Town Trustees and other Tox~m agencies or boards on implementation, priorities, work assigmnents, timetables, and budgetary requirements of the LWRP. (2) Make applications for ftmding from State, Federal, or other sources to £mance projects under the LWRP. July 27, 2004 5 Public Hearing-Local Water~ont Revitalization Consistency Review (3) Coordinate and oversee liaison between Town agencies and depaCanents, inclnding but not limited to the Toxx,n Board, Town Trustees, Plasming Board, Zoning Board of Appeals, Planning Staff, Police Department, Highway Superintendent and Engineering Departments of the Town, and with other non-governmental bodies, to fmther implementation of the LWRP. (4) Prepare an annual report on progress achieved and problfms encotmtered in implementing the L~VRP, and recommend actions necessary for further implementation to the appropriate Toxvn agency or the Town Board. 5) Perform other functions regarding the coastal area and direct such actions or projects as aro necessary, or as the Town Board may deem appropriate, to implement the LWRP. B. In order to foster a strong relationship and maintain an active liaison among the Towa~ agencies yesponsible for implementafi6n of the LWRP, the To~xm Board shall convene at least qnartefly a Town LWRP coordinating council, including but not limited to representatives of the Toxxm Board, Town Trustees, Plasming Board; Zon/ng Board of Appeals, Highway Department, Police Department, ;EngSneering Depa ~rtment, Plarm/ng Director and such other Toxxm departments or individuals charged with LWRP implementation as may be designated. Review of Actions. A. Whenever a~proposed action is located ~vittfin the Tomato's coastal area, each agency shall, prior ,to approxSng, fund~tg or undertaking the action, make a detem~inatiun that it is consistent with the LWRP policy stagdards summarized in Section I herein. No action in the coastal area shall be ',approved,' funded or undertaken by an agency without such a determination. B. The Town Board shall designate a staff person to be the "LWRP Coordinator" who shall be responsible for coordinating rexSew of actions in the Town's coastal area for consistency with the LWRP, and will advise, assist and make consistency recormnendafions for other Towa~ agencies in the implementation of the LWRP, its policies and projects, including physical, le~slative, regulatory, admlitistrative and other actions included in the program. The LWRP Coordinator will also coordinate With NYS DOS regarding consistency review for actions by State or Federal agencies. C. Whenever an agency xvithin Southold 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 coastal area, the applicant, or in the case of a direct action, the agency, shall, prepare a Coastal Assessment Form (CAF) to assist l~vith the consistency review. The agency shall refer a copy of the completed CAF to the LWRP Coordinator within ten (10) days of its suinnission and prior to making its determination, shall consider the recommendation of the Coordinator with reference to the consistency of the proposed action_ D. After referral from an agency, the LWRP Coordinator shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Section I herein. The LWR_P Coordinator shall require the applicant to submit all completed applications, CAFs, and any other infom~ation deemed necessary to its consistency recommendation. The LWRP Coordinator shall render its written recommendation to the agency within thirty (30) daYs roi/owing referral of the CAF fi-om the agency, unless extended by nmtual agreement of the Coordinator and the applicant or in the case of a direct action, the agency. The LWRP Coordinator's recommendation shall indicate whether the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives and shall elaborate in writing the basis for its July 27, 2004 6 Public Heating-Local Waterfront Rex4talization Consistency Review opinion. Thc LWRP Coordinator shall, along with a consistency recommendation, make any suggestions to the agency concerning modification of the proposed action, including the imposkion of conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them_ E. If an action requires approval of more than one agency, decision making will be coordinated between agencies to determine which agency will condnct the final consistency rex4ew, and that agency will thereafter act as designated consistency review agency. Only one CAF per action will be prepared. If the agencies cannot agree, the LWRP Coordinator shall designate the consistency review agency. F. Upon recornmendation of LWnRP Coordinator, the designated agency shall consider whether the proposed action is consistent xxdth the LWRP policy standards summarized in Section I herein. Prior to malting its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a ~,,a-itten determination of consistency based on the CAF, the L~V1LP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be renderec[ for an action in the coastal area without a determination of consistency. The designated agency will make the final deterntination of consistency. The Zoning Board of Appeals is the designated agency for the deternfination of consistency for variance appl/cations sub.~ect to this law. The Zoning Board of Appeals shall consider the written consistency recommendation of the LWRP Coordinator in the event and at the time it makes a decision to grant such a wariance and shall impose appropriate conditions on the variance to make the activity consistent with the objectives of this law. G. Where an ELS is being prepared or required, the draft EIS must identify applicable LWRP pohcies and standards and include a discussion of the effects of the proposed action on such policy standards. No agency may make a f'nml decision on an action that has been the subject of a draf~ EIS and is located in the coastal area until the agency has made a written £md'mg regarding tlie consistency of the action with the local'policy standards referred to in Section I herein_ H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary detem~inafion of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L~VRP policy standards. I_ Actions to be undertaken within the coastal area shall be evaluated for consistency in accordance with the following summary o£ LWRP policies, which are derived 15om and further explained and described in the Town of Southold LWRP, a copy of which is on file in the Tow~ Clerk's office and available for inspection during normal business hours. Agencies that undertake direct actions shall also consult with Section V, in making their consistency detern~'mation. The action shall be consistent with the policies to: Policy 1 Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infi'astructure, makes beneficial use of a coastal location, and mimmizes adverse effects of development. Policy 2 Preserve historic resources of the Toxxm of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Policy 4 MinLmize the loss of life, structures, and natural resources fi.om flooding and erosion. July 27, 2004 7 Public Heating-Local Waterfront Revkalization Consistency Review Policy 5 Protect and improve water quality and supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. Policy 7 Protect and improve air quality in the Tox~m of Southold. Policy 8 Mirfimize environmental degradation in the Town of Southold bom solid waste and hazardous substances and wastes. Public Coast Policies Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, m~d public resources of the Toxxm of Southold. Working Coast Policies Policy 10 Protect the Tmwa of Southold's water-dependent uses and promote siting of new xvater-dependent uses in stfitable locations. Policy l 1 Promote susta'mable use of living mar/ne resources in the Toxwn of Southold~ Policy 12 Protect agricultural lm~ds in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. J. Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received f~om the LWRP Coordinator. Such files shall be made available For public inspection upon request. ¥I. Enforcement. The Town Build.lng Inspectors, Towu Attorney, Code Enforcement Officers and Police Department/Bay Cohstables shall be responsible for enforcing this Chapter. No action within Southold coastal area which is subject to review trader this Chapter shall proceed until a written determination has been issued from the designated 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 theretmder, the Building Inspector or any other authorized official of the Town shall issue a stop ~vork order and all work shall immediately cease. No further ~vork or activity shall be undertaken on the project so long as a stop work order is in effect. VII. Violations. A. A person who violates any of the provisions of, or who fai/s to comply with any condition imposed by, this Chapter shall have committed a violation, ptmishable by a fine not exceeding t~vo hundred and fifty dollars ($250.00) for a conviction of a first offense and panishable by a £me of two thousand dollars ($2000.00) for a conviction of a second or subsequent oflbnse_ For the purpose of conferring jurisdiction upon courts and judicial officers, each week of cominu'mg violation shall constitute a separate additional violation. B. The Town Attorney is aathorized and directed to institute any and all actions and proceedings necessary to enforce this local law. ,~ny civil penalty shall be in addition to and not in lieu of any criminal prosecution and penalty. VIII. Severabfli~'. The provisions of this local law are severable. If any provision of this local law is found invalid, such finding shall not affect the validity of this local law as a whole or any part or provision hereof other than the provision so found to be invalid. July 27, 2004 8 Public Hearing-Local }Vaterfront Revitalization Consistency RexSew IX. Effective Date. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. COUNCILMAN WICKHAM: Tltis is quite an important proposed la~v and k speaks to the long-term plann/ng that many people in the audience have spoken to tonight_ I have a certification that has appeared on the Town Clerk's bulletin board, k has also been a legal that has appeared in the local newspapers and I have a memorandum fi:om Jerilyn B. Woodhouse, Chair of the Sonthold Town Planning Board. "Purpose of this proposed law is to ensure that all Town actions incorporate the policies and purposes of the Tox~ua of Southold's Local Waterfront Revitalization Program. The intended effect of this law is to ensure the implementation of the LWP, P through the cumulative effect of individnal agency actions. The State of New York is requiring the To,ua adopt this law in conjunction with the adoption of its LWRP in order to ensure that local actions andertaken by Town govenmaent are reviewed to ensure their accordance with flxe LWRP. While the state and the federal government will enforce compliance at those levels of government, with the' town's LWRP, the to~xt is responsible for en~uring that its own agencies act within the intent of the LWRP. The draft leg/slafion makes the Town Board responsible for management and coordination. The Board may ,designate a staffperson (the LWRP coordinator) to carry out these functions. Since the LWRP has been desigtwd to be the Town's Comprehensive Pan, this legislation lays a very strong fotmdafion for self-pollcing of town actions to ensure that the town's vision for its future is actively ach/eyed. The Pl~nm'ng Board strongly recomme/ads passage of this proposed local law." SUPERVISOR HORTON.' Thank you, Councilman Wickham, And it has appeared in all the local newspapers and on the bulletin board. Would anybody care to address the Board on this public hearing in regard to the consistency law? Yes, Ms. Schroeder. GWYNNE SCHROEDER: I just want to say congratulations. This has been a long time coming and this is one of the r~vo pieces of legislation that has held the To~Ta up fi:om adopting the LWRP, so congratulations for finally getting it a heating and on the table. I just want a little addendum, I don't think h is a master plan but I think it goes a long way to becoming part of a master plan, so thank you. SUPERVISOR HORTON: Understood. Thank you, Ms. Schroeder. Yes, Ms. Norden. MELAN1% NORDEN: In the purposes that you read when it is described as all of Southold Town, what does that mean, actually? Does that mean all of Southold Town or the coastline of Southold Town? SUPERVISOR HORTON: No, the entire toxvn is addressed ~vithin the context of the LWRP. MS_ NORDEN: Okay_ ~Vith respect to the specific actions and projects, I mean, xvhat you basically read is the prean~ble of purpose bnt it in no way really identified any of the specific actions and projects xvith respect to environmental preservation, are they within the existing legislation? SUPERVISOR HORTON: What, essentially what the consistency, x~4aat this laxv does is a couple of things: A. It requires that the Toxxm enanre applications that come in for the Trustees, before the Planning Board, in identified areas from the LWRP. Ensure that there is coordination and thorough July 27, 2004 9 Public Hearing-Local Waterfront Rev/talizafion Consistency Review review of that application to ensure that it is in compliance with the LWRP. Also what it does, if you drove up Rt. 25 to get here, if you drove from points east and came up 25 to get here, you will see that there was quite a bit of road construction and dra'mage work .... MS. NORDEN: Right_ SUPERVISOR HORTON: ...being conducted by the state? What the LWRP will do, is k xvill bring state agencies into consistency with the L~VRP and into stricter compliance as far as conm~unication and coordinating projects of that nature through the toxxm. One t/ting that we have voiced some frustration on, just on that project in pm'ficular for exan~ple, it is important because it is providing new drainage systems for storm wrater mitigation purposes but the planning of that didn't involve the town and we maintain that k should involve the town. And the LWRP will further ensm:e that. Will actually require the state to notify the to'~m and to bring the town into the planning of state projects and the county aswell_ Any other agency, be it state or private. MS. NORDEN: Mmmlnnm. SUPERVISOR HORTON: Even here, it says, installation of traffic control devices on existing streets, roads and kighways. In the past the county.._ MS. NORDEN: Has just put a traffic light up or something. SUPERVISOR HORTON: Exactly. And they won't be able to do that. Tiffs actually, through stronger coordination Mth the state, it enhances our local control. MS. NORDEN: Will it also enhance flu't_her coordination, for exmnple, in the town with the ZBA? SUPERVISOR HORTON' Yes. MS. NORDEN: So the Zon/ng Board of Appeals will have to also in its rex4ew of various and sundry applications, they will also have to be mindful of the LWRP and its requirements. SUPERVISOR HORTON: That is correct. MS. NORDEN: So they won't be able to, essentially, act independently of the LWRP or can they? SUPERVISOR HORTON: They still will have to act within their jurisdiction and within their rights that are legally deemed to them, given to them by the State of New York but the LWRP is a document that will have to be considered. MS. NORDEN: Okay. Noxv, in the docun~ent itself, I understand what you are talking about in terms of the consistency legislation but in the document itself, does it spell out some of the actual proactive things that the town will do with respect to the preservation of say, the waterfront or the enviroru-nent, you read something about local organisms. Does it spell out activities and is that why you say it essentially functions as a master plan? Because you actually read in the preamble something about a v/sion, v/sion for the future. Where in the LWRP is that v/siun codified? July 27, 2004 10 Public Hearing-Local Watertkont Revitalization Consistency Review SUPERVISOR HORTON: Tkrough the, have you read the LWRP? MS_ NORDEN: No. SUPERVISOR HORTON: Okay, it is a mammoth document that actually takes in 17 years of information given by the public and organizations and agencies, and there are specific and I am not going to even attempt to name them off the top of my head without the document in front of me because of its depth_ But there are specific environmemai points contained x~Sthin that document. Yes. That are within that document that are recommended for, recommends suggestions or it suggests .... MS. NORDEN: A roadmap or a wayto go? SUPERVISOR HORTON: Yes. Take for example, Mattituck Inlet, and the impact the jetty has or is reported to have on down drift the coastl/ne. Tkings of that nature. MS. NORDEN: Okay. SUPERVISOR HORTON: 'And also, what the LYVRP and this is getting a httle bit off the publ/c hearing but I think it is worth mentioning that the LWRP, look at the Village of Greenport. remember when the LWRP was being drafted, my mother played an enormous role in that process in the mid to late 80's. And Jean Cooper as well, was on the Board and the adoption of the LWRP, what that has done for the Village of Greenpm% is it opened the Village of Greenport up to an inordinate amounts of funding for waterfront revitalization efforts. .MS. NORDEN: Right. SUPERVISOR HORTON: That entire Mitchell Park is largely funded through LWRP monies, or Department of State mmfies that_...so how that small component perta'ms to the town is also such that in our dealing with storm water runoffs on town roads and point of access, it opens up a door to the state that isn't currently open. MS. NORDEN: Okay. SUPERVISOR HORTON: Those are several different points. So the consistency la~v that is on/'or this evening, does list out several points, but it doesn't limit to those points, either. MS. NORDEN: Okay. And Tom, you were going to say? COUNCILMAN WICKHAM: The LWRP is not a master plan in the sense that I have heard tonight with specific numbers and goals and how many people are going to live in this tow~ and how many acres are going to be preserved. You are not going to find that in it. xvhat the LWRP is, is a framework that the Plmming Board, the Town Board, the Trustees and all the other agencies dealing with land use can use in reviexxdng applications and acting on them. And to do it in an environmentally sensitive way and in a way that conforms with the general vision and direction of the town. They have to use it, that is right_ And they have to use a consistency among all of these agencies. July 27, 2004 11 Public Hearing-Local Waterfront Revitalization Consistency Review MS. NORDEN: Right. And so when will this, as of this evetfing, will this essentially go into effect? SUPERVISOR HORTON: No, no. This law is specific to a requh-ement, this law is a reqttirement by the state to adopt the LWRP. So the LWRP has been approved by the state, the draft has been approved by the state, the final draft has been approved by the state and the last, there are two remaining steps or components to that document. One is th/s consistency law, wkich essentially is a person is required to ensure consistency and coordination- And the second component, which we expect to move forward on after a discussion at the next meeting on August 10, is an historic preservation code. And that is another component is required in the adoption of the LWRP. MS. NORDEN: And has that been drafted, as of yet? SUPERVISOR HORTON: The historic preservation code? Several versions of it have been drafted and we are going to have Jim Grathwohl and members of the Landmark Preservation Commission in for a discussion with the Board to provide some more guidance on the language of that_ COUNCrr,MAN WlCKH_AM: On August 10. SUPERVISOR HORTON: At the work session. MS. NORDEN: Great. Thank you very much. SUPERVISOR HORTON: Thank you, Ms. Norden. Are there other comments? (No response) We will close this hearing. Southold Toxwa Clerk #7028 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, bas been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 8th day of July ,2004. Principal Clerk Sworn to before me this 2004 ¢ionica Cerise HOTARY p JSLIO, State of New¥orK No. 01 0E605.9403 Qua fled in Suffolk Oount~ 20 ~'~ t6y~mmission Expires Mac 29, ~ 7 _ day of ~JT_c/Le4, J · '~ NOTICE [S~BY G~N, that C. It ~ ~e ~tention of &e Town of and ' I {' 2 '~ t~plamment, re~b~mlion, or manta, en~r~g economic feas~ .'Zqkere ~-, ~e~ c~-e~*ed t~ z~e B"~ ~5outhold ~t'&e pmsex~afibm e~ce-~ ,[4) ~y ~mb~afion'of ~e above, reconsmcq0~of a.s~cmre~or f~ifity,~ i~ ~d~other~gm~s: ~d pre~ ~ B.: 2c :- : -,4 a -.~ ~?~:t~ 5.'%: ~ : meat and ~tlUz~i~ ;Of, th~ '¢ni~u9, ~:~ '~acy' me~ any bo~d, m ~,. ~n ~. 9,m¢. {xte~ ~dg~xg~ ; p! ..... g ~d bu~et~ processes :Abe Ssulbold Iowa Hall. 5309S Main =Road, Sou/b01d. New ~brk. on the [~Re~u~' ~o~ Co~ucy ~Re~ew. ~ :: ' ~?:' BE IT ENAC~D by the To~ ~Bo~ of ~e Town of'Son'old ~ fob :,}:H. Author~ ~d Purple. (4) strut opehings ~hd right-of-way acs relatNg io the '~ti~i~eatlon~ ofindi- filled: (20} ctvil or criminal enforcemem £fii?&[eqtdrepnegrmore~ewormod: VCaterfron[ Re~rializafidn of Coas[al (11} off/cial a&s of a minikterkal ,rmeoxxegu/ar~on ~- . ifi,ed':~ipp/d'Cals:,per~s}OrLi~vi~w from; . A]reas icad Jrt!an(i; Wa*er~ays Act nature ifi¥ol¥ing;no 6xercige of discre- ' 62~)5designation of local lanclmm-ks kb= coastal area an~a,,,r/~n LWRZ~ when gTo~n Bo~d ma} deem ap~.. hnplement the LV~]~. #7028 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 8th day of July ,2004. Principal Clerk Sworn to before me this 2004 ~;;,LEGAL NOTICES ':'; NOTICE OF PUBLIC ItEARLNG ;i'i NOTICEIS HEREByGIVEN, that ~;there has been presented to the Town ! =~ Board of the Tox~-n of Southold. Suffolk ~ Countx. New York. on the 29th day of :: :June. 2004 a Local Law entitled "A · Local Law in relation to the Town of : Southold Local Waterfront · :Re~Jtallzation Program Consistency : ~Review" and NOTICE IS HEREBY FURTHER ~ .GIVEN that the To,va Board of the ..Town of South01d will hold a public : hearing on the aforesaid LOCal Law at ".. the Sauthold Town Hall, 53095 Main (.?Road, South01d,. New York, on'the . ?27th da}' of July+ 2004 at 5:15 p.m. at r~ which time all interested persons will-be ~igiven an opportuinq' to bc heard. i~i: TheprgP0sed Local Law entitled. "A :':Lo~al Law in relatio0 to the Town of · Southold Local Waterfront !Revitalization Program Consistency ;( Review" reads as follows:- : '~ LOCAL LAW NO._ 2004 -~ A Local Law in relation to the =:Town of Southold Local Waterfront ~_!!Revitallzafion Program Consistenc) ... BE Il EN%CTED b', :k.' Town . Boli'd of ;f,a fo' n ,:,f Southol_o as fol- · ~ ,i'¥, GENERAL PROVISIONS ~::;< This Local law will be known as the ~.Town of Southold Local Waterfront Program .' Review Law. ~ Authority:arid Purpose. !~ ':~ A. This local lasv is adopted under the ;iauthodty of the Municipal Home Rule Law and the Watedrout Revitalization Coastal. Areas and Inland Waterways ;.w ~brk (Ardcle 42 the Executive; Lawl. ~-:-, B. The purpo'se of thik local law is tO "aide. a framework for agencies of the appropnmf Southold to incorporate the Bo..q~d. '-d purposes contained in the ~ 5 ~ Perform o,'th01d, l:ocat Wnterfrom rite coastal area ancr,_oxam (LX~,q~P) when -or projects as are nece~s for. actions or ,,Town Board may deem :implement the LX~VRP. '.-.. Monies Cerise NOTARY PUBLIC, State of New York No. 01 CE0059403 Qua!tried In Suffolk County tG--'~t~ission Expires May 29, 20 ~ 7 day of_ -~,/'Lc--j dee:: :::2:, .,:; .:,.~: ;:.-c. :h: v r: :h~ L~.-~ ?:..._.:~ C. It is the Mtention of t~e ~ov'n of Southold thal the presen-ation, enhance- meat and 'fitilization of the unique coastal area of ~e Town take place M a coordMated and comprehensive m~ner to ensure a proper bal~ce between pro- tection of atonal resources ~d the need to acco~odate li~ted population ~owth and economic development. AccoM~gly. tMs local law is intended to acMeve such a b~ce. pe~ittMg the beneficial use of coastal resources while preventMg loss ~d degradation of liv- ing coastal resoUrces.and wildlife: d~nnfion of open space areas or public access to ~e wate~ont:'~smpfion of natural coastal processes: impa~ent of sceMc, c~mral or.histofic~ ~iources: losses due. to fl~g. erosion ~d sedi- menmtinn: imp~ent oLwater quality: or pe~ent adveme chases to ~o- logical systems. D. ~e subst~tive provis~ns of tMs local law shall only apply while there is M existence a Town of Southold Loc~ Waterfront Revitalization Pro~am which h~ ~e~ adopted ~ ancoM~ce with .~icle 42 of the Executive Law of the State 0f New York. ~. DefiMtiong. .M "Aeneas" ~clflde all the follow- Mg. except n~or actions: (1) projects or physical activities, such ~ const~ction 0r any other activi- ties that may affect_haS,al, manmade or other resources ~ the coastal area or the envb romGnt b~, chang the use, appel- lee or conditfOn of ~y reso~ce or st~cture, that: Ii} are dkect[y undeNaken by an agency; or {fi) mvoh,e f~dMg b}; an agency; or {~) requ~e one or more new or mod- ified approvals, pe~its, or remew ~om ~ agency or agencies: . 12} agency pla~g ~d polic)mak- ins activities that may ~ect the Envkoment and co~m~ the agenc) .t~ ~de~ite conrse of ~mre decisions; {3t adoption of agency roles, regula- ':;:.r., _'n2 'Tr:.<2'Jv'."L Ln:.n~dl.: lee'-,' I;;' 5 :.:',J~ J ,:.:'2'F,'2ZC ~ ekeC J':' ~ ,:,r,Ze.s :n.S ':'!olu'.or,~ i]2: In J!:, ':~t.sJI cud (4) any combination of the above. B. '?Agency" means any board, agency, department,, office, other body, or officer o£ the Town of Southold. C. "Coastal area" means that portion of New York State coastal waters, and adjacent shorelands as defmed in Article 42 of the Executive Law .which is locat- ed within the boundaries of the Town of Southold, as shown on the coastal area map on file in the office of the Secretary of Stare and as delineated in the Town of Southold LocaI Waterfront Revitalization Program (LWRP). In Southold this area is inclusive of the entire tqwn. D. "Coastal Assessment Form (C/M::)" means the form used by an agency to assist in determining the con- sistency of an action with the Local Waterfront Revitalization'Program. E. "Consistent" means that the action will fully comp[.,,' with the'Lv~rRp policy standards, conditions and objectives and..whenever practicable, will advance one or more of them. E "Dtrect Actions" mean acttons planned and proposed for implementa- tton by an agency, such as. but not lint- ired to a capital project, role making. procedure making and policymaking. G. "Environment" means all condi- tions, circum3tances and influences sur- rounding and affecting the development of IMng organis .ms or other resources in the coasLal area. H. "Local W:~terfront Revitalization Progiam" or "LX~,~,P" means the Local Waterfronl Revitalizgtion Program of Ihe To~ n Of Soudiold. approved by the Secret~ry of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Acl (Executive Law. Article 42)? a copy of which is on file in the Office of the Clerk of the Town of Southold. [. "Minor aerie.ns" include the follow- mg actions, winch are iiot subject to review under this chapter: i ::::::':.'?n~i'~ce or r2pLr ,n:,?'.: · r.c ½J~-"-~'~J~i.~. .'?..C'.j2'~ IlS L: -'\1}1111~ E :I '_ ,: '. LI' ~ .2:: ;'cCI ,'.:~, . (2i replacetn'ehi~ r~habilitation or reconsn'uclion of a structure or t'acilitx. in kind. on the same site. including upgrading buildings to meet building or fire codes, except for ~tmctares in areas designated by the Coastal Erosion Hazard :Krea (CEHA~ lay. where rares ma5' not be replaced, rehabilitated or reconstructed witho,it a permtu mental, engineering, economtc, fe~asibil- iq and other studies and preliminary planning and budgetary processes nec- essay to the forrr~ulatinn of a proposal for actmn: provided those actimties do- oct commit the agency to colmnence. engage in or approi/e such action: (14.1 collective bargaining acuvities: (15) investments bv or on behalf of t3) repaying or widening of existing agencies or pension or retirement sys- paved highways norinvoh4ng the addS- terns, or refinancing existine debt: Lion of new travel lanes: (4) street openings :md right-of-way openings for the purpose of repair or maintenance of existing utility facilities: (5) maintenance of existing landscap- ing or natural gro~ah, except wbere threatened or endangered species of plants or animals are affected, or within significant Coastal Fish and Wildiife. Habitat areas: - {6) granting of individual setback and lot line variances, except'in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or- any activin' within the CEHA: ~7~ minor temporary uses of land having negligible pr no permanent impact on coasta/resources or the envi- ronment;- (8) installation of traffic'-eontrol devices on existing slxeets; roads and highways; (9) mapp~g of existing.r0ad~, streets, highways. Witural resources, laud uses and ownership patterns: (10J information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surve',s. subsurface investigutiona arm soils stud- ies that do not Commit the agency to undertake, fund or approve an)' action: Ill} official acts of a ministerial nature ire'nh'inS no exercise of discre- tion, including building where issuance is predicated solely on the applicant's compliance or noncomphance with the. re. levant local building code: (12) routine Or bontinuing agency~ administration and management, not (16) inspections and licensing activi- ties rela.ting to the qualifications of indi- viduals or businesses to engage in their business or profession: (17) purchase or sale of furnishings. equipment or supplies, including surphm I government properS,, other than the fol- low in,,: land. radioactive material, pesti- cides, herbicides, storage of road de- icing substances, or other hazardous materials: (18).adoption Of regulations. P°lJCies} 1 procedures and local legislative deer- stoas in connection with an5, action on this list: (19} engaging in.review of any part of an application to determine compli- ance with technical requirements, pro- vided that no such determination entitles or permits the project ·sponsor to corn mence the action unless and until all requkements of this Part have been fat- Palled; (20'~ civil or Criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically requffed to be under- taken pursuant to a judgment or order, or the exercise of proseeutorial discretion: (211 adoption of a moratorimu on land development or construction: (221 interpreting an exisnng code. nile or regulation: (231 designation of local landmarks or their inclasion within historic dis- immediately necessar3.' on a l/mired and temporary-bas~s tbr the protection or _.-- See LEGALS oage 47A ~ ' - ~ ................. J~J'~'ijjj'~ljlluj' · .... ' This local Ja~~, ~ lal,~ c~t ~c ~~~' . ....... , ,l~,~s lilt ," ,~,l.',c~ c, om- Policy / vu~on~tsfi~ m the offi~e of the g. [ ~2 lux~u sou I,h;, ~ :n., u ~ I .~ ~atel, ~ g accordance with ~~o * · staff person to be t~e "L~ mendation ot the LVv~' ~oordi;,ator. qualiW~eT°wn°fS°nth°ld' ~Erom oa~o 4IA Coord~ator" who shall be responsible ~e agency sh~l render a written deter- Policy 8 M~ize enviro~ental Secreta~ of State ~ reservation of life, health, .p?perty or Pnatural resources, provided''that such actions are directly related 'to:the emer- gency and are performed to' cause the least change or disturbance, practicable under the circumstances, ~to coastal resources or the environment..Any deci- sion to fund, approve or directly under- take other activities after the emergency has expired is fully subject to the review procedures of this Part; (25) local legislative decisions such as rezouing where the Town Board determines the action will not be approved- IV. Management and C°ordination of the LWRP A; The Town :Board shall,be respon- sible for overall .management and: coor- dination 'ofqtl~¢ LWPA?. Ia' performing -this task:the Town Board· or designated staff person shall: . . (1) Inform .the Town iBoard,' 'Town Trustees and other Town agencies or board .......... +;~ priorities, work ' and bud- geta/-y requirements -of the LWRP.' . (2) Make applications for funding from State, Federal, Or other sources to finance projects u_nde~ the LWRP- · (3) Coordinate and oversee liaison between Town-agencies and depart- merits, including but not limited to the Town Boa?d, Town Trustees'; planning Board, Zoning Board of Appeals, Planning staff, Polic9 Department, Highway Superintendent ' and Engineering Departments.' of the To~vn, and With other :non-governmental bod- ies. to further implementation of the LWRR · - .-(4) Prepare an. hnnual .report on .progress achieved· and problems encountered· in implementing .the LWRP, and recommend actions neces- sary for further implementation to the appropriate Town agency or the Town Board. .- '- (5) Perform other functions regarding the coastal area and direct such actions or projects as are ~necessary, or as the Town Board may deem appropriate, to implement the LWRP. . for coordinating review of actions in the Town's coastal area for consistency with the LWRP, and will advise, assist and make consistency recommendations fo] other Town agencies in the inaplementa tion of the LWRP, its policies and pro- jects, including physical, legislative, rcgulatoi'y, administrative and ofher actions included ~n the program. The LWRP Coordirmmr will also coordinate with NYS DOS regarding consistency review for actions by State or Federal agencies. C. Whenever an agency within Southold receives an application for approval or funding of an action, or as early as possible in the agency's formu- lation of a dLrect action to be located in the coastal area, the applicant, or in the case of a.direct action, the agency, shall. p~epare a' Co~/sial. Asse~sment Form (CAF)-to ~ais{st With the consistency review. The agency shall refe{: a copy of the compieted l CAF to the LWPA> Coordinator within ten (10) days of its s,ubmissibn anti prior, t0 making it~ detemaination, shall c0ns~der the recom: mendation of the Coordinator with ref- . erence to the consistenqy of the pro- ' posed.action. ' Di After refmxal from an agency, the LWRP Coordinator shall consider whether-the proposed action is consis- tent with the LWRP policy, standar,d's .'and ,'~ i.~:-;..:,-~ :? coeh in'Section I h~r.' .... i \~ RI' ( ,.,..,.dinat~i shall req,. ' .... ' Ip",~.' ~' .~ ....bmi~ all:com- pleted applications, CAFs, and any other information deemed necessm3r to its consistency recommendation. The LWRP .Coordinator shall render its writte~ r~commendation to the agency within thirty (30) days fogowing referral of the CAF from the agency, unless extended by mutual agreement .of the Coordinator and the applicant or m mination of consistency based on the CAF, the LWRP Coordinator recom- mendation and such other information as is deemed necessary to its determina- tion No approval or decision shall be rendered for. an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency- The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this law_ The Zoning Board of Appeals shall consider the written con- sistency recommendation of the LWRP Coordinator in the event and atthe time it makes a decision to grant such a vari- ance and shall impose appropriate con- ditions on the variance to make the activity consistent with the objectives Of. this law. G. Where an EIS is being prepared or requh'ed, the draft EIS must identify degradation in the Town of Southold from solid waste and hazardous sub- stances and wastes. Public Coast Policies Policy 9 Provide for pubhc access to, and-recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Working Coast Policies Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Policy 12 Protect agricultural lands in the Town of Southold. PoLicy 13 Promote appropriate use and. development of energy and. mineral resources. J. Each agency shall maintain a file for each action made the subject of a applicable LWRP policies and standards consistency determination, including · and include a discussion of·the effects of any recommendations ~ec~ived from the the proposed action on such policy stun- LWRP .Coordinator. Such files shall be dards NO agency ~iay make a. final . made available for public inspection' decision 0nan faction that has been the: upon reqi/esL . i - ': ' : subject of a draft EIS and is located in VI. Enforcement~ ~ The Town Building Inspectgrs, Town Attorney, Code Enforcement Officers and Police Department/Bay Constables shall be responsible for enforcing tiffs Chapter. No action within Sonthold coastal area which is subject to review ululcr dfis Chal)lCr shall proceed ontil a 'writ cn dc ermin t Oil has bccn i~.,ued from:the designated agency that action is C°nsist~nt W~ the Tow~'~ , LWRP policy standards- In the event . that an activity is being performed in violation of this Chapter or any condi- tions imposed thereunder, the Building Irispector or any other authorized offi-. cial 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. VII. Violati6ns. 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 viola- the case of a direct action, the. agency. The LWRP Coordinator's recommenda- tion shall ~ndicate whether the proposed action is consistent with or inconsistent with one. or more of the LWRP pol'~cy ~mndards and objectives and.shall elab- orate ia writing the basis for its opinion, inspection The LWRP Coordinator shall, al~ong~_h~o~.uf.s. Agencies that undertake direct the coastal area until the agency has made a written finding regarding the consistency of the action with the local policy standards referred to in Section I her~in. H.. In the event the LWRP Coordinator's recommendation is that the action is inconsistent, with the LWRP, and the agency makes a,contrary determination of consistency, ~he agency· shall elaborate irt writing the basis for its disagreement with the reg- ommend~ti6n and~state the manner· and extent to v~hich the a~tion is consistent with ~the LWRP policy standards. ' I. Actions to be tmdertaken within the coastal a~ea shall be evaluated for con- sistency in acdordance with the follow- ing sumniary of LWRP'policies, which are derived from and 'further explained and described ha the Town of Southold LWRP, a copy of which is on file in the Town Clerk's office and available ~or during-normal business Section 27 of the Municipal Home Rule Law. Dated: JUNE 29, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SO~JTHOLD Elizabeth Neville, Town Clerk 7028-1T 7/8'