This chapter will be known as the "City of Lockport Waterfront
Consistency Review Law."
As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
Includes all of the following, except minor actions:
A.
Projects or physical activities, such as construction or any
other activities that may affect natural, man-made or other resources
in the waterfront area or the environment by changing the use, appearance
or condition of any resource or structure, that:
(1)
Are directly undertaken by an agency; or
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals, permits, or review
from an agency or agencies;
B.
Agency planning and policymaking activities that may affect
the environment and commit the agency to a definite course of future
decisions;
C.
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect waterfront resources or the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the City of Lockport.
APPROPRIATE MUNICIPAL AGENCY
An officer of the City of Lockport, the City Council, Planning
Board or Zoning Board of Appeals reviewing the action.
CONSISTENT
That the action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance
one or more of them.
DIRECT ACTIONS
Actions planned and proposed for implementation by an applicant
or agency, such as, but not limited to, a capital project, rule making,
procedure making and policy making. (See definition of "action" above.)
ENVIRONMENT
All the conditions, circumstances and influences surrounding
and affecting the development of living organisms or other ecological
resources in the waterfront area.
LOCAL WATERFRONT REVITALIZATION PROGRAM OR LWRP
The Local Waterfront Revitalization Program adopted by the
City of Lockport and approved by the Secretary of State pursuant to
the Waterfront Revitalization of Coastal Areas and Inland Waterways
Act (Executive Law, Article 42), a copy of which is on file in the
office of the Clerk of the City of Lockport.
MINOR ACTIONS
Includes the following actions, which are not subject to
review under this chapter:
A.
Maintenance or repair involving no substantial changes in an
existing structure or facility;
B.
Replacement, rehabilitation or reconstruction of a structure
or facility, in kind, on the same site, including upgrading buildings
to meet building or fire codes, except for structures in areas designated
by the Waterfront Erosion Hazard Area (CEHA) law where structures
may not be replaced, rehabilitated or reconstructed without a permit;
C.
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
D.
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
E.
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected,
or within locally significant habitat areas;
F.
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature or a bulkhead or other
shoreline defense structure;
G.
Minor temporary uses of land having negligible or no permanent
impact on waterfront resources or the environment;
H.
Installation of traffic control devices on existing streets,
roads and highways;
I.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
J.
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 action;
K.
Official acts of a ministerial nature involving no exercise
of discretion, including a building permit where issuance is predicated
solely on the applicant's compliance or noncompliance with the
relevant local building code;
L.
Routine or continuing agency administration and management,
not including new programs or major recording of priorities that may
affect the environment;
M.
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
those activities do not commit the agency to commence, engage in or
approve such action;
N.
Collective bargaining activities;
O.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
P.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession.
Q.
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, storage of road deicing substances,
or other hazardous materials;
R.
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
S.
Engaging in review of any part of an 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 this chapter have been fulfilled;
T.
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;
U.
Adoption of moratorium on land development or construction;
V.
Interpreting an existing code, rule or regulation;
W.
Designation of local landmarks or their inclusion within historic
districts;
X.
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 actions are directly
related to the emergency and are performed to cause the least change
or disturbance, practicable under the circumstances, to waterfront
resources or 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 this chapter;
Y.
Local legislative decision such as rezoning where the City Council
determines the action will not be considered for approval.
WATERFRONT AREA
The Waterfront Revitalization Area delineated in the City's
Local Waterfront Revitalization Program.
WATERFRONT ASSESSMENT FORM (WAF)
The form used by an agency to assist in determining the consistency
of an action with the Local Waterfront Revitalization Program.
No action within the City's waterfront area which is subject
to review under this chapter shall proceed until a written determination
has been issued from the designated City agency that the action is
consistent with the City's LWRP policy standards. In the event
that an activity is being performed in violation of this chapter or
any conditions imposed thereunder, the City Code Enforcement Officer
or any other authorized official of the City shall issue a stop-work
order and all work shall immediately cease. No further work or activity
shall be undertaken on the project so long as a stop-work order is
in effect. The City Attorney, Code Enforcement Officer and Police
Department shall be responsible for enforcing this chapter.