As used in this chapter, the following terms
shall have the meanings indicated:
ACTION [AMENDED 1-1-1998 BY L.L. NO. 1-1998]
Any activity, funding or permit undertaken by or subject
to the approval of an agency of the Town of Mamaroneck 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.
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.
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.
H.
Granting of individual setback and lot line
variances.
I.
Granting of an area variance(s) for a single-family,
two-family or three-family residence.
J.
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.
K.
Minor temporary uses of land having negligible
or no permanent impact on the environment.
L.
Installation of traffic control devices on existing
streets, roads and highways.
M.
Mapping of existing roads, streets, highways,
natural resources, land uses and ownership patterns.
N.
Information collection, including basic data
collection and research, water quality and pollution studies, traffic
counts, engineering studies, surveys, subsurface investigations and
soil studies that do not commit the agency to undertake, fund or approve
any Type I or unlisted action.
O.
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 or preservation code(s).
P.
Routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment.
Q.
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 actions.
R.
Collective bargaining activities.
S.
Investments by or on behalf of agencies or pension
or retirement systems or refinancing existing debt.
T.
Inspections and licensing activities relating
to the qualifications of individuals or businesses to engage in their
business or profession.
U.
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.
V.
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.
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 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.
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.
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
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 is fully subject
to the review procedures of this chapter.
DD.
Applications for area variances for signs located
on existing structures.
ADVISORY OPINION
An opinion rendered by the Coastal Zone Management Commission
to any agency or department of the Town on a matter which is an action
as defined by this chapter.
[Added 1-1-1998 by L.L. No. 1-1998]
AGENCY
Any department, board, commission, public authority or other
agency of the Town of Mamaroneck which has jurisdiction by law to
approve or directly undertake a given action.
DIRECT ACTION
An action planned and proposed for implementation by the
municipality or any public or quasi-public agency. "Direct actions"
include but are not limited to capital projects, procedure-making,
policy-making and zoning.
LOCAL WATERFRONT REVITALIZATION PROGRAM OR LWRP
The Local Waterfront Revitalization Program of the Town of
Mamaroneck and the Village of Larchmont, adopted in 1986 pursuant
to Article 42 of the Executive Law of the State of New York and as
amended from time to time.
[Amended 1-1-1998 by L.L. No. 1-1998]
A. When an agency or department of the Town shall undertaken,
fund or approve any activity defined as an action within the meaning
of this chapter, it shall submit any such proposed activity to the
Commission for an advisory opinion, provided that such activity relates
to construction, reconstruction, improvement or renovation of any
land or structure.
B. An application to the Planning Board, Zoning Board
of Appeals or the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration for approval of a plan for
a proposed direct action shall be accompanied by a full environmental
assessment form (EAF) and a coastal assessment form (CAF).
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]