Loading...
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.