HomeMy WebLinkAbout1986_6_30_Local_Law_No_5 1 .
Local Law No.
This Local Law shall be known as
THE LOCAL CONSISTENCY LAW
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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.
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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:
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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.