Include all the following, except minor actions as defined
below:
Projects or physical activities, such as construction or any
other activities that may affect natural, manmade, or other resources
in the Waterfront Revitalization Area (WRA), or the environment, by
changing the use, appearance, or condition of any resource or structure,
that:
Agency planning and policy making activities that may affect
the environment and commit the agency to a definite course of future
decisions;
Adoption of agency rules, regulations and procedures, including
Local Laws, codes, ordinances, executive orders and resolutions that
may affect resources or the environment within the Amherst WRA;
A Type 1 and Unlisted Action under SEQRA, as well as any project
involving a Draft Generic Environmental Impact Statement;
Any combination of the above.
Any board, agency, department, office, other body, or officer
of the Town of Amherst.
The Building Commissioner and/or Zoning Enforcement Officer
of the Town of Amherst.
That the action will fully comply with the LWRP policy standards,
conditions, and objectives and, whenever practicable, will advance
one or more of them.
Actions planned and proposed for implementation by an agency,
such as, but not limited to, a capital project, rulemaking, procedure
making and policy making.
All conditions, circumstances, and influences surrounding
and affecting the development of living organisms or other resources
in the Waterfront Revitalization Area (WRA).
The Town of Amherst Local Waterfront Revitalization Program
approved by the Secretary of State pursuant to the Waterfront Revitalization
of Coastal Areas and Inland Waterways Act (Article 42 of the NYS Executive
Law), a copy of which is on file in the Offices of the Clerk of the
Town of Amherst and the Planning Department.
Include the following actions, which are not subject to review
under this law:
Maintenance or repair involving no substantial changes to an
existing structure or facility;
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 Local Law where structures may not be replaced, rehabilitated,
or reconstructed without a permit;
Repaving of existing paved highways not involving the addition
of new travel lanes;
Street openings and right of way openings for the purpose of
repair or maintenance of existing utility facilities;
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected,
and in Nature Preserves or within a special district which currently
are under the legality of the purpose, restrictions and retained rights
of a conservation easement with designated management plans;
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature;
Minor temporary uses of land having negligible or no permanent
impact on waterfront resources or the environment;
Installation of traffic control devices on existing streets,
roads and highways;
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
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;
Official acts of a ministerial nature involving no exercise
of discretion, including building permits and historic preservation
permits where issuance is predicated solely on the applicant's
compliance or noncompliance with the relevant local building or preservation
code(s);
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
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;
Collective bargaining activities;
Investments by or on behalf of agencies or pension or retirement
systems, or refinancing existing debt;
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession;
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;
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
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 Part have been fulfilled;
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;
Adoption of a moratorium on land development or construction;
Interpreting an existing code, rule or regulation;
Designation of local landmarks or their inclusion within historic
districts;
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 Part; and
Local legislative decisions such as rezoning where the Town
Board determines the action will not be approved.
The form identified in the LWRP Plan used by an agency or
other entity to assist in determining the consistency of an action
with the Town LWRP.
That portion of New York State designated waterway and adjacent
shorelands as defined in Article 42 of the Executive Law, which is
located within the municipal boundaries of the Town of Amherst, as
described, and mapped in the approved Town LWRP.
