As used in this chapter, the following terms shall have the
meanings indicated:
ACTIONS
Include all of the following except minor actions:
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; or
(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 combinations of the above.
APPLICANT
Any person, other than the Village agency, that proposes
an action located in the LWRA.
COASTAL AREA or LOCAL WATERFRONT REVITALIZATION AREA (LWRA)
That portion of New York State coastal waters and adjacent
shorelands as defined in Article 42 of the Executive Law which is
located within the boundaries of the Village, as shown on the coastal
area map on file in the office of the Secretary of State and as delineated
in the Village of Alexandria Bay Local Waterfront Revitalization Program
on file at the office of the Village Clerk/Treasurer.
COASTAL ASSESSMENT FORM (CAF)
The form, contained in Appendix A, completed by an applicant or Village agency to assist
it in assuring that the action being proposed is consistent with the
policies and purposes of the LWRP.
CONSISTENT
The action will fully comply with the policies and purposes
of the LWRP and, whenever practicable, will advance one or more of
them.
DIRECT ACTIONS
Actions planned and proposed for implementation by a Village
agency, such as, but not limited to, capital projects, rule making,
procedure making and policy making.
ENVIRONMENT
All conditions, circumstances and influences surrounding
and affecting the development of living organisms or other resources
in the coastal area.
INVOLVED AGENCY
A state, county, or local government agency, other than the
Village, that has the jurisdiction by law to fund, approve or directly
undertake an action. If any of the listed agencies are required to
make a discretionary decision to fund, approve or undertake an action,
then it is an involved agency notwithstanding that it has not received
an application for funding or approval at the time the SEQRA process
is commenced. The lead agency is also an involved agency.
MINOR ACTIONS
Include 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, unless such action meets or exceeds
any of the thresholds in 6 NYCRR Part 617.4;
[Amended 5-14-2019 by L.L. No. 4-2019]
C.
Agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land
use changes consistent with generally accepted principles of farming;
D.
Repaving of existing highways not involving the addition of
new travel lanes;
E.
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
F.
Maintenance of existing landscaping or natural growth;
G.
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;
H.
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;
I.
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 6 NYCRR 617.5(c)(11)
and the installation, maintenance and/or upgrade of a drinking water
well and a septic system;
J.
Granting of an area variance(s) for a single-family, two-family
or three-family residence;
K.
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;
L.
Minor temporary uses of land having negligible or not permanent
impact on the environment;
M.
Installation of traffic control devices on existing streets,
roads and highways;
N.
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
O.
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 Type I
or unlisted action;
P.
Official acts of a ministerial nature involving no exercise
of discretion, including building permits and historical preservation
permits where issuance is predicated solely on the applicant's compliance
or noncompliance with the relevant local building or preservation
code(s);
Q.
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
R.
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal of action, provided
those activities do not commit the agency to commence, engage in or
approve such action;
S.
Collective bargaining activities;
T.
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
U.
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
V.
Purchase or sale of furnishings, equipment or supplies, including
surplus government property, other than the following: land, radioactive
material, pesticides, herbicides, or other hazardous materials;
W.
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
X.
Engaging in review of any part of any 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 6 NYCRR 617.5 have been fulfilled;
Y.
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;
Z.
Adoption of a moratorium on land development or construction;
AA.
Interpreting an existing code, rule or regulation;
BB.
Designation of local landmarks or their inclusion within historic
districts; and
CC.
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 action are directly
related to the emergency and are performed to cause the lease change
or disturbance, practicable under the circumstances, to 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 6 NYCRR 617.5.
SEQRA
The New York State Environmental Quality Review Act (6 NYCRR
Part 617) and any rules and regulations promulgated thereunder.
VILLAGE
The Incorporated Village of Alexandria Bay.
VILLAGE AGENCY
Any official board, council, office, department, or other
body or officer of the Village of Alexandria Bay. The chief law enforcement
agency for this chapter shall be the Village Zoning/Code Enforcement
Officer.