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HomeMy WebLinkAbout1986_6_30_Local_Law_No_5 1 . Local Law No. This Local Law shall be known as THE LOCAL CONSISTENCY LAW X AUTHORITY, INTENT AND PURPOSE 1. This local law is adopted pursuant to the Waterfront Revitalization and Coastal Resources Act of the State of New York (Article 42 of the Executive Law) . 2. This .local law is intended. to provide a framework for agencies of the Town of Mamaroneck to. consider the policies and purposes contained in the Local waterfront Revitalization Program when reviewing applications for actions or direct agency actions; and to assure to the maximum extent practicable that such actions are consistent with the said policies and purposes. 3. it is the intention of the 'Town of Mamaroneck that the LE ::T`1s lOf1, X311 SiC�1ii:3n and utilization of the natural and manmade resources of the Town of Mamaroneck's unique coastal area take place in a ,coordinated and comprehensive manner to ensure the proper balance between natural resources and the need to accommodate population growth and economic development. Accordingly, it is the purpose of this local law to achieve a balance, permitting the beneficial use of coastal resources while preventing: loss of living marine resources and wildlife; diminution of open space areas or public access to the waterfront; erosion of shoreline; impairment of scenic beauty; losses due to flooding, erosion and sedimentation; or permanent adverse changes to ecological systems. i II DEFINITIONS 1. "Action" means a Type I or unlisted action as defined in Local Law No. 4 of 1985, as amended from time to time, and in the State Environmental Quality Review Act. .2. "Agency" means any department, board, commission, public authority or other agency of the Town of Mamaroneck which has jurisdiction by law to approve or directly undertake a given action. 3. "Coastal Zone Management Commission" or "Commission" means the Torn of Mamaroneck -- Village of Larchmont Coastal Management Commission established by Local Law No. , 1985. 4. "Direct Action" means an action planned and proposed for implementation by the municipality or any public or quasi-public agency. Direct actions include, but are not limited to: capital projects, procedure=making, policy-making, and zoning. 5. "Local Waterfront Revitalization Program" or "LWRP" means the Local Waterfront Revitalization Program of the Town of Mamaroneck and the Village of Larchmont, adopted in 1986 pursuant to Article 42 of the Executive Law of the State of New York, and as amended from time to time. III REVIEW OF ACTIONS 1. As early as possible in an agency's formulation of a direct action or .as soon as an agency receives an application for approval of an action, - the agency and the Coastal Zone Management Commission shall follow the review procedures set forth in this law. No action subject to these procedures shall begin until the procedures have been completed. 2. The agency shall refer to the Commission a copy of the application or plan for a proposed direct action, as the case may be. 3. The Commission, within 30 days from such referral, shall render an opinion in writing to the referring agency covering the following questions: 2 - a. Whether the proposed action is inconsistent with one or more of the policies of the LWRP; b. Whether the proposed action will advance one or more of the said policies. c. If either question (a.) or question (b.) is answered in the affirmative, the manner in which and the extent to which the inconsistency and/or advancement is likely to result; and d. If questions (a.) and (b.) are both answered in the affirmative, whether and to what extent the inconsistency outweighs or is outweighed by the advancement when measured by the purposes of the LWRP. The Commission may also, in its discretion, suggest ways in which the purposes of the proposed action might be accomplished in a manner that would result in less { hindrance, or no hindrance, to the policies and purposes of the LWRP, and/or in greater advancement of them. 4. If the Commission finds in its opinion, rendered under Paragraph 3 of this section, that the proposed action will substantially hinder the achievement of, or be substantially inconsistent with, one or more policies of the LWRP, the referring agency shall, as soon as possible upon receiving the Commission's opinion, and before commencing or permitting such action, issue a written statement either accepting the Commission's opinion with regard to such inconsistency or setting it aside in whole or in part. If any part of the finding of inconsistency is accepted, the proposed action may not be undertaken unless and until the referring 'agency determines with respect to the proposed action (or any revision thereof which may be devised by it or presented to it in a ( revised application) that a. No reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy or policies; and b. The action taken will minimize all adverse effects on such policy or policies to the maximum extent practicable. In the case of a direct action, the determination must further include a finding that C. The action will result in an overriding public benefit. A determination by the referring agency, under subparagraphs (a.) and (b.) and, where applicable, subparagraph (c.), shall constitute a determination that the action is consistent to the maximum extent practicable with the approved LWRP as required by Executive Law, Article 42. 5. In making any determination under Paragraph 4, the referring agency shall take the opinion of the Commission fully into account and make it part- of the public record of its proceedings. Where the referring agency acts contrary to the opinion of the Commission, it shall state its reasons therefor in its determination. IV SEVERABILITY 1. Should any provision of this local law be declared unconstitutional or illegal by a court of competent Jurisdiction., such declaration shall not affect any other provision of this local law. V EFFECTIVE DATE 1. This local law shall take effect immediately.