This chapter will be known as the "Village of Celoron Waterfront
Consistency Law."
As used in this chapter, the following terms shall have the
meanings indicated.
ACTION
Either Type I or unlisted actions as defined in SEQRA regulations
(6 NYCRR 617.2), except minor actions, that are undertaken by an agency
and which include:
A.
Projects or physical activities, such as construction or other
activities that may affect the environment by changing the use, appearance
or condition of any natural resource or structure, that:
(1)
Are directly undertaken by an agency;
(2)
Involve funding by an agency; or
(3)
Require one or more new or modified approvals from an agency
or agencies.
B.
Agency planning and policy-making 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 the environment; and
D.
Any combination of the above.
AGENCY
Any board, agency, department, office, other body, or officer
of the Village of Celoron.
CONSISTENT
Consistent with the LWRP policy standards and conditions
and, whenever practicable, advancing one or more of them.
DIRECT ACTION
An action planned and proposed for implementation by an agency,
such as, but not limited to, a capital project, rule-making, procedure-making
and policy-making.
ENVIRONMENT
The physical conditions that will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
resources of agricultural, archaeological, historic or aesthetic significance,
existing patterns of population concentration, distribution or growth,
existing community or neighborhood character, and human health.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Chautauqua Lake Local Waterfront Revitalization Program
in which the Village of Celoron is included, 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 Village Clerk's Office.
MINOR ACTION
Includes the following:
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, unless such action meets or exceeds
any of the thresholds in 6 NYCRR 617.4, except for structures in areas
designated by the Coastal 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;
F.
Construction or expansion of a primary or accessory/appurtenant,
nonresidential structure or facility involving less than 4,000 square
feet of gross floor area and not involving a change in zoning or a
use variance and consistent with local land use controls, but not
radio communication or microwave transmission facilities;
G.
Routine activities of educational institutions, including expansion
of existing facilities by less than 10,000 square feet of gross floor
area and school closings, but not changes in use related to such closings;
H.
Construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections as provided in Subsection
J of this section and the installation, maintenance and/or upgrade of a drinking water well and septic system;
I.
Construction, expansion or placement of minor accessory/appurtenant
residential structures, including garages, carports, patios, decks,
swimming pools, tennis courts, satellite dishes, fences, barns, storage
sheds or other buildings not changing land use or density;
J.
Extension of utility distribution facilities, including gas,
electric, telephone, cable, water and sewer connections to render
service in approved subdivisions or in connection with any action
on this list;
K.
Granting of individual setback and lot-line variances, except
in relation to a regulated natural feature, a bulkhead or other shoreline
defense structure;
L.
Granting of area variance(s) for a single-family, two-family
or three-family residence;
M.
Public or private best forest management (silvicultural) practices
on less than 10 acres of land, but not including waste disposal, land
clearing not directly related to forest management, clear-cutting
or the application of herbicides or pesticides;
N.
Minor temporary uses of land having negligible or no permanent
impact on coastal resources or the environment;
O.
Installation of traffic-control devices on existing streets,
roads and highways;
P.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
Q.
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;
R.
Official acts of a ministerial nature involving no exercise
of discretion, including building where issuance is predicated solely
on the applicant's compliance or noncompliance with the relevant
local building code;
S.
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
T.
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;
U.
Collective bargaining activities;
V.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
W.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
X.
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;
Y.
License, lease and permit renewals, or transfers of ownership
thereof, where there will be no material change in permit conditions
or the scope of permitted activities;
Z.
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
AA.
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;
BB.
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;
CC.
Adoption of a moratorium on land development or construction;
DD.
Interpreting an existing code, rule or regulation;
EE.
Designation of local landmarks or their inclusion within historic
districts;
FF.
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 coastal 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;
GG.
Local legislative decisions such as rezoning where the Village
Board determines the action will not be entertained, but not actions
of local legislative bodies.
WATERFRONT AREA
The Waterfront Revitalization Area delineated within the
Village of Celoron in the Chautauqua Lake Local Waterfront Revitalization
Program.
WATERFRONT ASSESSMENT FORM (WAF)
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
No action within the Waterfront Area that is subject to review
under this chapter shall proceed until a written determination has
been issued from a Village agency regarding its consistency with the
Village's LWRP policy standards. In the event that an activity
is being performed in violation of this law or any conditions imposed
thereunder, the Code Enforcement Officer or any other authorized official
of the Village 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 Village Code Enforcement
Officer, Village Attorney, Code Enforcement Officer and Police Department
shall be responsible for enforcing this chapter.