Review and actions.

A. Whenever a proposed action is located in the town's coastal area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in § 331-4G herein.B. Whenever an agency receives an application for approval or funding of an action or as early as possible in the agency's formulation of a direct action to be located in the coastal area, the applicant or, in the case of a direct action, the agency shall prepare a coastal assessment form (CAF) to assist in the consistency review.C. The agency shall refer a copy of the completed CAF to the Town Planning Board within 10 days of its submission and prior to making its determination shall consider the recommendation of the authorized official with reference to the consistency of the proposed action.D.

After referral from an agency, the Town Planning Board shall consider whether the proposed action is consisted with the LWRP policy standards and conditions set forth in § 331-4G herein. The authorized official shall require the applicant to submit all completed applications, environmental assessment forms and any other information deemed to be necessary to its consistency recommendation.E. Planning Board recommendation.(1) The Town Planning Board shall render its written recommendation to the agency within 30 days following referral to the CAF from the agency, unless extended by mutual agreement of the Town Planning Board and the applicant or, in the case of a direct action, the agency.

The recommendation shall include whether, in the opinion of the Town Planning Board, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or conditions and shall elaborate in writing the basis of his or her opinion.(2) The Town Planning Board shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them.(3) In the event that the Town Planning Board's recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Town Planning Board's recommendation.F.

The agency shall make the determination of consistency based on the CAF, the Town Planning Board's recommendation and such other information as is deemed to be necessary in its determination. The agency shall issue its determination within seven days of the date for receipt of the Town Planning Board's recommendation or within the time necessary to adequately review the action. The agency shall have the authority, in its finding of consistency, to impose practicable and reasonable conditions on an action to ensure that it is carried out in accordance with this chapter.G. Actions to be undertaken within the coastal area shall be evaluated for consistency with the LWRP policy standards and conditions, which are further explained and described in Section III of the Town of Webster Local Waterfront Revitalization Program, a copy of which is on file in the Town Clerk's office and available for inspection during normal business hours.

The following list of policies is meant as a source of reference only. All actions to be reviewed for consistency shall be consistent with Section III of the Town of Webster Local Waterfront Revitalization Program. Agencies which undertake direct action shall also consult with Section IV of the LWRP in making their consistency determination. The action shall be consistent with the policy to:(1) Revitalize deteriorated and underutilized waterfront areas.(2) Retain and promote recreational water-dependent uses.(3) Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards.(4) Streamline development permit procedures.(5) Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination.(6) Maintain and expand recreational fishing opportunities.(7) Minimize flooding and erosion hazards through nonstructural means, carefully selected, long-term structural measures and appropriate siting of structures.(8) Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken.(9) Maintain and improve public access to the shoreline and to water-related recreational facilities while protecting the environment.(10) Protect and restore historic and archeological resources.(11) Conserve and protect agricultural lands.(12) Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a shorefront location and in such a manner as to avoid adverse environmental impacts.(13) Prevent ice management practices which could damage significant fish and wildlife and their habitats.(14) Protect surface and groundwater from direct and indirect discharge of pollutants and from overuse.(15) Perform dredging and dredge spoil disposal in a manner protective of natural resources.(16) Handle and dispose of hazardous wastes and effluents in a manner which will not adversely affect the environment nor expand existing landfills.(17) Protect air quality.(18) Protect freshwater wetlands.H.

Inconsistency with standards and conditions; written findings.(1) If the agency determines that the action would not be consistent with one or more of the LWRP policy standards and conditions, such action shall not be undertaken unless the agency makes a written finding with respect to the proposed action that:(a) No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions.(b) The action would be undertaken in a manner which will minimize all adverse effects on such LWRF policy standards and conditions.(c) The action will advance one or more of the other LWRP policy standards and conditions.(d) The action will result in an overriding Town of Webster, regional or state-wide public benefit.(2) Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.I.

Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the authorized official. Such files shall be made available for public inspection upon request.