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Local Law Filing ALBANY, NY 12231

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Town of Alexandria

Local Law No. 5 of the year 2014

a local law to Require Consistency with the Town of Alexandria Waterfront Revitalization Program

Be it enacted by the Town Board of the Town of Alexandria as follows:

Section I. TITLE.

This local law shall be known as the “Town of Alexandria Waterfront Consistency Review Law”.

Section II. AUTHORITY, PURPOSE AND INTENT.

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 (Executive Law, Article 42)(“the Act”).

B. The purpose of this local law is to provide a means for the boards and officers of the Town of Alexandria (“Town”) to consider the policies and purposes contained in the Town of Alexandria Local Waterfront Revitalization Program (“LWRP”) when reviewing applications for actions or undertaking direct Town agency actions located in the Local Waterfront Revitalization Area (“LWRA”), and to provide a means to assure that such actions are consistent with the said policies and purposes.

C. By adopting this local law, the Town hereby declares its intention that the preservation, enhancement and utilization of the natural and/or human-made resources of the LWRA occur in a coordinated and comprehensive manner to ensure a proper balance between natural resources and the need to accommodate 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 or impairment of ecosystem resources and wildlife; loss or reduction of open space; diminution of public access to the waterfront; erosion of shoreline; loss or impairment of scenic and historical resources; losses due to flooding, erosion and sedimentation; impairment of water quality; and long term adverse changes to the natural and human environment of the coastal area.

D. The provisions of this local law shall only apply while an LWRP is in existence that has been adopted by the Town and approved by the Secretary of State in accordance with Article 42 of the Executive Law of the State of New York.

Section III. DEFINITIONS.

Action includes all the following, except minor actions:

(1) Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that:

(ii) are directly undertaken by an agency; or

(iii) involve funding by an agency; or

(iv) require one or more new or modified approvals from an agency or agencies;

(2) Agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions;

(3) Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and

(4) Any combinations of the above.

Coastal Area or Local Waterfront Revitalization Area (LWRA) 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 Alexandria, as shown on the Local Waterfront Revitalization Area Boundary map, on file at the Office of the Town Clerk/Treasurer.

Coastal Assessment Form (CAF) means the form, contained in Appendix B, completed by an applicant or town agency to assist it in assuring that the action being proposed is consistent with the policies and purposes of the LWRP.

Consistent means that the action will fully comply with the policies and purposes of the LWRP and, whenever practicable, will advance one or more of them.

Direct Actions mean actions planned and proposed for implementation by a Town agency, such as, but not limited to, capital projects, rule making, procedure making and policymaking.

Environment means all conditions, circumstances and influences surrounding and affecting the development of living organisms or other resources in the coastal area.

Involved Agency means a state, county, or local government agency, other than the Town, that has the jurisdiction by law to fund, approve or directly undertake an action. If any of the listed agencies are required to make a discretionary decision to fund, approve or undertake an action, then it is an “involved agency” notwithstanding that it has not received an application for funding or approval at the time the SEQRA process is commenced. The lead agency is also an “involved agency”.

Local Waterfront Revitalization Program (LWRP) means Local Waterfront Revitalization Program of the Town of Alexandria, approved by the Secretary of State, pursuant to the Waterfront Revitalization of Waterfront Areas and Inland Waterways Act (Executive Law, Article 42), a copy of which is on file in the Office of the Town Clerk/Treasurer.

Minor Actions include the following actions, which are not subject to review under this local law.

(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, unless such action meets or exceeds any of the thresholds in in NYCRR Part 617.4 ;

(3) Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming;

(4) Repaving of existing highways not involving the addition of new travel lanes;

(5) Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities;

(6) Maintenance of existing landscaping or natural growth except where threatened or endangered species of flora or fauna are affected, or within a Significant Coastal Fish and Wildlife Habitat Area.;

(7) Construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities;

(8) Routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings, but not change in use related to such closings;

(9) Construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections and the installation, maintenance and/or upgrade of a drinking water well and a septic system;

(10) Granting of an area variance(s) for a single-family, two-family or three-family residence;

(11) Public or private best forest management (silvicultural) practices on less than 10 acres of land, but not including waste disposal, land clearing not directly related to forest management, clear-cutting or the application of herbicides or pesticides;

(12) Minor temporary uses of land having negligible or not permanent impact on the environment;

(13) Installation of traffic control devices on existing streets, roads and highways;

(14) Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns;

(15) 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 Type I or Unlisted action;

(16) Official acts of a ministerial nature involving no exercise of discretion, including building permits and historical preservation permits where issuance is predicated solely on the applicant’s compliance or noncompliance with the relevant local building or preservation code(s);

(17) Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment;

(18) Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal of action, provided those activities do not commit the agency to commence, engage in or approve such action;

(19) Collective bargaining activities;

(20) Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt;

(21) Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession;

(22) Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, or other hazardous materials;

(23) Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list;

(24) Engaging in review of any part of any application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of 6NYCRR Part 617.5 have been fulfilled;

(25) Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion;

(26) Adoption of a moratorium on land development or construction;

(27) Interpreting an existing code, rule or regulation;

(28) Designation of local landmarks or their inclusion within historic districts; and

(29) 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 action are directly related to the emergency and are performed to cause the lease change or disturbance, practicable under the circumstances, to 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 6NYCRR Part 617.5.

SEQRA means the New York State Environmental Quality Review Act (6 NYCRR 617) and any rules and regulations promulgated thereunder.

Town means the Incorporated Town of Alexandria.

Town Agency means any official board, council, office, department, or other body or officer of the Town of Alexandria. The chief law enforcement agency for this local law shall be the Town Zoning Officer.

Section IV. LWRP Management and Coordination

A. The Town Board 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 to other Town agencies in the implementation of the LWRP, its policies and projects, including physical, legislative, regulatory, administrative and other actions included in the program.

B. The Town Board shall coordinate with the New York State Department of State regarding consistency review of actions by Federal agencies and with State agencies regarding consistency review of their actions.

C. The Town Board shall make applications for funding from State, Federal, or other sources to finance projects under the LWRP.

D. The Town Board shall 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.

Section V. Review of Action

A. Whenever a proposed action is located within the Town's coastal area, each Town agency shall, prior to approving, funding, or undertaking the action, make a determination that it is consistent with the LWRP policy standards set forth in paragraph L herein. No action in the coastal area shall be approved, funded, or undertaken by that agency without such a determination.

B. As early as possible in a Town agency’s formulation of a direct action to be located in the Coastal Area, the Town agency shall complete a Coastal Assessment Form (CAF) to assist the Town Board with the LWRP consistency review. The Town Board shall prepare the CAF for any direct action by the Town.

C. Whenever an applicant prepares and submits an application for approval or funding of an action to be located in the Coastal Area to a Town agency, the applicant shall prepare and submit a CAF as part of the application to assist the Town Board with the LWRP consistency review.

D. The Town agency proposing an direct action to be located in the Coastal Area on its own behalf or receiving an application for authorization or funding from an applicant shall forward a copy of the completed CAF together with a description of the direct action by a Town agency, or an application for authorization or funding, to the Town Board within ten (10) days of the completion of the CAF by the Town agency or receipt of the CAF from the applicant. No Town agency shall make a final determination on an application or an action during the time allowed for the Town Board review, prior to receiving a recommendation on the application from the Town Board.

E. After having received a referral from a Town agency, the Town Board shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in this local law. An applicant or a Town agency, as the case may be, shall submit to the Town Board at its request, any additional information that the Town Board decides is material and necessary to make its consistency recommendation. Any such requests for additional information shall be reasonably related to the subject of the Town Board’ review authority.

F. If the Town Board determines that it is necessary for other involved agencies to review the action, a copy of the CAF, the SEQRA Environmental Assessment Form, application, and any other pertinent supporting materials shall be forwarded to each such involved agency for its review and comment. If there is no response from an involved agency within thirty (30) days, the Town Board shall presume that the involved agency has not identified any conflict(s) or has no comment.

G. After review of the CAF and related materials and any comment received from involved agencies or other interested parties, the Town Board shall render its written consistency recommendation. Such recommendation shall be made within thirty (30) days following receipt of the completed CAF, unless such time is extended by mutual agreement of the Town Board and the Town agency or applicant. The recommendation shall indicate whether the proposed action is consistent with the LWRP policy standards or conditions. The Town Board may, along with its consistency recommendation, make recommendations to the Town agency concerning modification of the proposed action to make it consistent with, or to better advance, the LWRP policy standards. [If an Environmental Impact Statement (EIS) is required for a proposed action pursuant to SEQRA, the Town Board’ decision may be deferred until the EIS has been completed.]