As used in this chapter, the following terms
shall have the meanings indicated:
ACTION
Any activity, funding or permit undertaken by or subject
to the approval of an agency of the Village of Manorhaven other than
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.
C.
Repaving of existing 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.
F.
Minor temporary uses of land having negligible
or no permanent impact on the environment.
G.
Installation of traffic control devices on existing
streets, roads and highways.
H.
Mapping of existing roads, streets, highways,
natural resources, land uses and ownership patterns.
I.
Information collection, including basic data
collection and research, water quality and pollution studies, traffic
counts, engineering studies, surveys, subsurface investigations and
soils studies.
J.
Official acts of a ministerial nature involving
no exercise of discretion, including building permits where issuance
is predicated solely on the applicant's compliance or noncompliance
with the relevant local building code(s).
K.
Routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment.
L.
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 that those activities do not commit the agency to
commence, engage in or approve such action.
M.
Collective bargaining activities.
N.
Investments by or on behalf of agencies or pension
or retirement systems, or refinancing existing debt.
O.
Inspections and licensing activities relating
to the qualifications of individuals or businesses to engage in their
business or profession.
P.
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.
Q.
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.
R.
Adoption of regulations, policies, procedures
and local legislative decisions in connection with any action on this
list.
S.
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.
T.
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 the environment. Any decision to fund, approve or directly undertake
other activities after the emergency has expired if fully subject
to review procedures.
AGENCY
Any board, agency, department, office, other body or officer
of the Village of Manorhaven.
COASTAL AREA
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 of Manorhaven, as shown
on the Coastal Area Map on file in the office of the Secretary of
State and as delineated in the Village of Manorhaven Local Waterfront
Revitalization Program (LWRP).
COASTAL ASSESSMENT FORM (CAF)
The form, contained in Appendix A, used by an agency to assist it in determining the consistency
of an action with the Local Waterfront Revitalization Program.
CONSISTENT
The action will substantially comply with the LWRP policy
standards and, whenever practicable, will advance one or more of them.
DIRECT ACTIONS
Actions planned and proposed for implementation by an agency,
such as, but not limited to, a capital project, rule-making, procedure-making
and policy-making.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The Local Waterfront Revitalization Program of the Village
of Manorhaven, 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 shall be on file in the
office of the Clerk of the Village of Manorhaven.
WATERWAYS COMMITTEE
The Committee established under Chapter
151 of the Code of the Incorporated Village of Manorhaven.
The Waterways Committee is authorized to review
and make recommendations to appropriate agencies regarding the consistency
of proposed actions with the LWRP policy standards.
The Village Code Official shall be responsible
for enforcing this chapter. No work or activity on a project in the
coastal area which is subject to review under this chapter shall be
commenced or undertaken until the Code Official has been presented
with a written determination from an agency that the action is consistent
with the village's LWRP policy standards and conditions. In the event
that an activity is not being performed in accordance with this chapter
or any conditions imposed thereunder, the Code Official 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.