HomeMy WebLinkAbout1997_2_5_Local_Law_No_2 LOCAL LAW 2- 1997
This Local Law shall be known as "Amendment to Section 92-7 of the Town of
Mamaroneck Environmental Quality Review Law".
Be it enacted by the Town Board of the Town of Mamaroneck as follows:
1. Purpose:
The purpose of this amendment is to conform in certain respects the Type I list set forth
in 92-7-of the Town of Mamaroneck Environmental Quality Review Law to the State
Environmental Quality Review Act("SEQRA")Type I list set forth in 6 N.Y.C.R.R. 617.4, as
amended in January 1996. By removing the categories noted below from its Type 1 list,
the Town will gain flexibility in its review of such actions without sacrificing its ability to
require a full environmental review where appropriate.The amendment also makes
certain non-substantive corrections to conform to the SEQRA Type I list as shown below.
2. Article 1. Section 92-7-Type I Actions:
A. Section 92-7 (A)shall be amended as follows.
92-7.Type I Actions.
The list of Type I actions as set forth in 6 NYCRR 617.4 shall be adopted in whole
hereby with the following modifications and amendments:
A. The following actions are Type I if they are to be directly undertaken,
funded or approved by an agency:
(1) The adoption of a municipality's land use plan,the adoption
by any agency of a comprehensive resource management
plan or the adoption of a municipality's comprehensive
zoning regulations. Also,the adoption of comprehensive
building codes, comprehensive solid waste plans, state
and regional transportation plans,water resource
basin plans, comprehensive water quality studies, area-
wide water treatment plans, state and local environmental
plans, local flood control plans and the like.
(2) The adoption of changes in the allowable uses within any
zoning district affecting fifteen (15) or more acres of the
district.
(3) The granting of a zoning change, at the request of an
applicant,for an action that meets or exceeds one (1) or
more of the thresholds given elsewhere on this list.
(4) The acquisition, sale, lease, annexation or other transfer
by a public agency of more than five (5) contiguous
acres of land.
(5) The construction of new residential units which meet or
exceed the following thresholds:
(a) Ten (10) units not to be connected (at commencement
of habitation)to existing community or public water
and sewerage systems, including sewage treatment
works.
(b) Forty(40) units to be connected (at the commencement
of habitation)to existing community or public
water and sewerage systems, including sewage
treatment works.
(6) Activities, other than the construction of residential facilities,
which meet or exceed any of the following thresholds, or the
expansion of existing nonresidential facilities by more than
fifty percent(50%) of any of the following thresholds:
(a) A project or action which Involves the physical
alteration often (10) acres.
(b) A project or action which would use ground or surface
water in excess of five thousand (5,000) gallons in
any day.
(c) Parking for seventy-five (75)vehicles or more.
(d) A facility with more than one hundred thousand
(100,000) square feet of gross floor area.
(e) Incinerators operating at a refuse-charging rate
exceeding seventy-five (75)tons of refuse per
twenty-four hour day.
(f) Storage facilities designed for or capable of storing
one thousand (1,000) or more gallons of liquid
natural gas, liquid petroleum gas or other fuels.
(g) An independent combustion installation operating
at a total heating input exceeding ten million
(10,000,000) Btu per hour.
(h) Process, exhaust and/or ventilation systems emitting
air contaminants assigned an environmental rating
of A under 6 NYCRR 212 and whose total emission
rate of such A contaminant exceeds one (1) pound
per hour.
(1) Process, exhaust and/or ventilation systems of which
the total emission rate of all air contaminants exceeds
twenty-five (25)tons per day.
Q) An industrial facility which has a-yearly average
discharge flow, based on days of discharge, of
greater than twenty-five thousand (25,000)gallons
per day.
(7) Any structure exceeding one hundred (100)feet above original
ground level in a locality without any zoning regulation
pertaining to height.
(8) Any unlisted action that includes a nonagricultural use occurring
wholly or partially within an agricultural district(certified
pursuant to the Agriculture and Markets Law,Article 25-AA,
303 and 304)which exceeds twenty-five percent(25%) of any
threshold established in this section.
(9) Any unlisted action (unless the action is designed for the
preservation of the facility or site) occurring wholly or partially
within or substantially contiguous to any historic building,
structure, site or district or prehistoric site listed on the
National Register of Historic Places or that has been proposed by
the New York State Board of Historic Preservation for a
Y
recommendation
b the State Historic Preservation Officer
for nomination for inclusion in said national register or that
is listed on the State Register of Historic Places. (The National
Register of Historic Places is established by 36.CFR 60 and
63 (1994); see 6 NYCRR 617.17.)
(10) Any unlisted action which exceeds twenty-five percent(25%)
of any threshold in this section, occurring wholly or partially
within or substantially contiguous to any publicly owned or
operated parkland, recreation area or designated open space,
including any site on the Register of National Natural
Landmarks pursuant to 36 CFR 62 (1994). (See 6 NYCRR
617.17.)
(11) Any unlisted action which exceeds a Type I threshold
established by an involved agency pursuant to
6 NYCRR 617.14.
(12) The construction of new or expansion by more than fifty
(50%) of the existing size, square footage or usage of
existing (or any funding, licensing or planning activities
in respect thereto):
(a) Heliports, including Hovercraft and seaplanes.
(b) Facilities or institutions, including but not limited
to hospitals, schools, correction facilities and
office centers.
(c) Sanitary landfills."
(d) Chemical pulp mills, portland cement plants, iron
and steel plants, primary aluminum ore reduction
plants, sulfuric acid plants, petroleum refineries,
lime planets, sulfur recovery plants,fuel conversion
plants, by-product coke manufacturing plants and
cogeneration plants.
(13) Any unlisted action which will result in permanent change to
the channel or bed of lakes or streams with a water surface
in excess of one-fourth (114) acre.
(14) Any unlisted action which involves disturbance of soils
covering more than one-fourth (114) acre on an average
slope of forty percent(40%) or greater that impacts on
adjacent areas or downstream areas.
(15) Any proposed publicly or privately owned sewage treatment
works.
(16) The clear cutting of one (1) or more contiguous acres of forest.
(17) The discharge of radioactive material into the air,water or
sanitary sewer(except as,provided for in 6 NYCRR 380.5) or
burial of such materials.
Effective Date:
This local law shall take effect immediately and apply to all actions for which a
determination of significance has not been made prior to date of adoption.3.