§ 320-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACTIONS

Either Type I or unlisted actions as defined in SEQRA regulations (6 NYCRR 617.2) which are undertaken by an agency and which include:

A. 

Projects or physical activities, such as construction or any other activities that may affect the natural or man-made environment by changing the use, appearance or condition of any 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, permits, or review from an agency or agencies.

B. 

Agency planning and policymaking 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 resolutions, codes, ordinances, executive orders and resolutions that may affect waterfront resources or the environment; and

D. 

Any combination of the above.

AGENCY

Any board, agency, department, office, other body, or officer of the City of New Rochelle.

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 City of New Rochelle as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the City of New Rochelle Local Waterfront Revitalization Program.

CODE ENFORCEMENT OFFICER

The Building Inspector and/or Code Enforcement Officer of the City of New Rochelle.

CONSISTENT

That the action complies with the LWRP policy standards, conditions and objectives and, whenever practicable, will advance one or more of them.

DIRECT ACTIONS

Actions planned and proposed for implementation by an applicant or agency, such as, but not limited to, a capital project, 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 waterfront area.

LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP

The Local Waterfront Revitalization Program adopted by the City of New Rochelle and approved by the Secretary of State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42).

MINOR ACTIONS

Includes 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, 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, or within locally significant habitat areas.

F. 

Granting of individual setback and lot-line variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA.

G. 

Minor temporary uses of land having negligible or no permanent impact on waterfront resources or the environment.

H. 

Installation of traffic control devices on existing streets, roads and highways.

I. 

Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns.

J. 

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.

K. 

Official acts of a ministerial nature involving no exercise of discretion, including a building permit where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code.

L. 

Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment.

M. 

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.

N. 

Collective bargaining activities.

O. 

Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt.

P. 

Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession.

Q. 

Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials.

R. 

Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list.

S. 

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.

T. 

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.

U. 

Adoption of a moratorium on land development or construction.

V. 

Interpreting an existing code, rule or regulation.

W. 

Designation of local landmarks or their inclusion within historic districts.

X. 

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 chapter.

Y. 

Local legislative decisions such as rezoning where the Council of the City of New Rochelle determines the action will not be considered for approval.

WATERFRONT AREA

The Waterfront Revitalization Area delineated in the City of New Rochelle's Local Waterfront Revitalization Program.

WATERFRONT ASSESSMENT FORM (WAF)

The form used by an agency to assist in determining the consistency of an action with the Local Waterfront Revitalization Program.