Review of actions.
A. Whenever a proposed action is located in the Village's coastal area, an agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the goals and objectives of the LWRP.
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 Development 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 Development Board shall consider whether the proposed action is consistent with the goals and objectives of the LWRP set forth 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. Development Board recommendation:
(1) The Development Board shall render its written recommendation to the agency within 30 days following referral of the CAF from the agency, unless extended by mutual agreement of the Development Board and the applicant or, in the case of a direct action, the agency. The recommendation shall include whether, in the opinion of the Development Board, the proposed action is consistent with or inconsistent with one or more of the goals and objectives of the LWRP and shall elaborate, in writing, the basis of its opinion;
(2) The Development Board shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action to make it consistent with goals and objectives of the LWRP or to greater advance them; and
(3) In the event that the Development Board's recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Village Development Board's recommendation.
F. The agency shall make the determination of consistency based on the CAF, the Development 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 Development 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 section.
G. Actions to be undertaken within the coastal area, see
§ 106-107G for detailed information.
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 goals and objectives, 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 goals and objectives;
(b) The action would be undertaken in a manner which will minimize all adverse effects on such LWRP goals and objectives;
(c) The action will advance one or more of the other LWRP goals and objectives; and
(d) The action will result in an overriding Village, regional or state-wide public benefit.
Such a finding shall constitute a determination that the action is consistent with the LWRP goals and objectives.
(2) 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.
