Loading...
HomeMy WebLinkAbout1985_2_27_Local_Law_No_4 Local Law No. 4-1985 Be it enacted by the Town Hoard of the Town of Mamaroneck � ? as follows: ARTICLE 1 INTRODUCTORY PROVISIONS Section 1.1 Title This local law shall be known as the Town of Mamaroneck Environ- mental Quality Review Law, Section 1.2 Authority This local law is adopted pursuant to the Municipal Home Rule Law, Article 8 (SEAR) of the New York Environmental Conserva- tion Law, providing for environmental quality review of actions which may have a significant effect on the environment, and Part 617, the Rules and Regulations set forth in 6 NYCRR 617_ Section 1.3 Purpose The purpose of this local law is to implement SEQR and-Part 617 and to incorporate environmental factors in the existing planning and decision-making processes of the Town. Section 1.4 State Regulations Adopted Except as otherwise expressly provided by this local, law, the regulations contained in 6 NYCRR 617 et secs. and any amend- ments thereto are hereby adopted. ARTICLE 2 GENERAL PROVISIONS Section 2.1 Definitions as Used in This Local Law The terms and words. used in this local law shall have the same meaning as such terms and words are defined in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning or unless a local defini- tion is specified. The following terms and words are repro- duced from Part 617, •except where designated "local definition"; (a) "Actions" include: (1) projects or physical activities, such as con- 4 struction or other activities, which change the use or appearance of any natural resource or structure which: (i) are directly undertaken by an agency, or (ii) ia%'Olva funding by an agency, or . (iii) require one or more permits from an agency or agencies; (2) planning activities of an agency that commit the agency to a course of future decisions; (3) agency rule, regulation, procedure and policy making; and (4) combinations of the above. (b) "Action, Excluded" means an action which was under- taken, funded, or approved prior to the effective dates of SEQR. (NOTE: The grandfathering schedule is very complex and does not land itself to summarization. For most actions, the effective date was November 1, 1978. To be sure, one should consult Chapters 228 of the Laws of 1976,252 of the Laws of 1977, and 460 of the Laws of 1978.) (c) "Action, Exempt" means any one of the following: (1) enforcement or criminal proceedings or the L : exercise of prosecutorial discretion in determining whether or not to institute such proceedings; (2) ministerial acts; (3) maintenance or repair involving no substan- tial changes in an existing structure or facility; (4) with respect to the requirements of Sub- division 2 of Section 8-0109 of SEQR, actions requiring a certificate of environmental compatibility and public need under Article VII or VIII of the Public Service Law and the consideration of, granting or denial of any such certificate; (5) actions which are immediately necessary on a limited emergency basis for the protection or preserva- tion of life, health, property, or natural resourcds; and (6) actions of the Legislature of the State of New York or of any court. { - 2 (d) "Action, Type I" means an action or class of actions listed in 617.12. when the term is applied in �~ reference to an individual agency`s authority to review or approve a particular proposed project or action, it shall also mean an action or class of. actions listed as Type I actions in that agency's own procedures to imple- ment SEQR adopted pursuant to 617.4. (e) "Action, Type II" means an action or class of actions which is listed in 617.13. When the term is applied in reference to an individual agency's authority to re- view or approve a particular proposed project or action, it shall also mean an action or class of actions listed as 'Type II actions in that agency's awn procedures to im- plement SEQR. The fact that an action is listed as a Type II action in one involved agency's procedures does not mean that it is to be treated as a Type II action by y not listing it as a Type II any .other involved agenc action in its procedures. (f) "Action, Unlisted" shall mean all actions not _ excluded or exempt, not listed as a Type I or Type II action in this Part, or in the case of a particular agency action, not listed as Type I or Type 11 actions in the agency's own SEQR procedures. If an action is an unlisted action, the limited procedural requirements of 617.7 as -�3.2 of this local law shall apply set forth in Section 13A to it. (g) "Agency" - Any state or local agency. (h) Environment - The physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise,' objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth and existing community or neighborhood character. M "Environmental Assessment Form" (EAF) means a agency to assist it in determining the form used by an a g environmental significance or nonsignificance of actions. 3 - (j) "Environmental Impact Statement" (EIS) means a written document prepared in accordance with 617.14_ (k} Environmental Officer - The Town Administrator or his designee, who shall assist the lead agencies in the Town by processing the paperwork for this law and advising applicants for Town permits and approvals on compliance therewith. The Environmental officer shall also: ( }receive a copy of all reports, statements, forms, and notices as may be required by this local law, (ii) effect or cause to be effected the post- ing and publication requirements of 6 NYCRR 617.8 and this local law (local definition) (1) "Lead Agency" means an agency principally respon- sible for carrying out, funding, or approving an action r and; therefore, responsible for determining whether an environmental impact statement is required in connection with the action and for the preparation and filing of the statement if one is required. r (m) "Town" means the Town of Mamaroneck (local de- finition) . Section 2.2 Regulated Actions; Actions Not Prohibited. No action, other than an Exempt, Excluded, or Type II Action shall be carried out, approved, or funded by an agency, board, department, office, or other body, or officer of the Town. un- less it has complied with SEQR, Part 617, to the extent appli- cable and with this local law. however, nothing herein shall be construed as prohibiting either; (a) The conducting of contemporaneous environmental, en- gineering, economic feasibility or other studies and prelimi- nary planning and budgetary processes necessary for the formu- lation of a proposal for action which do not commit the Town to approve, continence, or engage in such action. 4 - (b) The granting of any part of an application which relates only to -the technical specifications and requirements, providing that no such partial approval shall entitle or per- mit the applicant to commence the action until all require- ments of this local law have been fulfilled. ARTICLE 3 ENVIRONMENTAL IMPACT PROCEDURES Section 3.1 Lead A eq (a) The lead agency is the agency principally responsi- ble for carrying out, funding, or approving an action and, therefore, responsible for determining whether an environmental impact statement is required �n connection with the action and for the preparation and filing of the statement if one is re- quired. (b) Where more than one agency is involved, the lead agency shall be determined and designated as provided in Part 617.6 and 617.7. L Section 3.2 EAF Preparation, Determination, Notice and Filing for Type I and Unlisted Actions. (a) Environmental Assessment Form. An EAF shall be prepared by or on behalf of any agency, board, department, office or other body or officer of the.Town in con- nection with any Type I or Unlisted Action such agency, board, department, office, or other body or officer initiates. For an Unlisted Action, a Long Form EAF maybe utilized to facili- tate a preliminary determination of environmental signifi- cance. Where deemed necessary, additional information may be required. (b) Application for Town Permit or_Ap2roval. approva An application for permitJor funding of a Type I or Unlisted Action shall be accompanied by an EAF to assist the lead agency in making a preliminary determination of environmental significance. 1 5 - [c) Notification of Pro osed Action_ Upon receipt of" a completed application and an environmental assessment form, the Environmental officer shall cause a notice W thereof to be posted on the signboard of the Town Hall main - tained by the Town and may cause such notice to be published in the official newspaper of the Town, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Environmental Officer no latex than a date specified in such notice. (d) Determination on Proposed Action. The appropriate lead agency, assisted by the Environmental officer, shall render a written determination on whether an environmental impact statement is required within fifteen (15) days following receipt of a completed application and an en- vironmental assessment form, provided, however, that no such application shall be deemed to be completed until the expira- tion of the time period provided for in (c) above, and further provided that such period may be extended by mutual agreement E of the applicant and the .Environmental officer. The deter- mination shall state whether such proposed action may or will not have a significant effect on the environment or is an exempt action. (e) Conferences with Applicant, The lead agency, and/or the Environmental Officer, acting as agent for the Lead Agency, may hold informal meetings with the applicant and may meet and consult any other person for the } purpose of aiding the lead agency in making a determination on the application. (f) Determination of Nonsi nificance. For Type I Actions, a determination of nonsignificance shall be noticed and filed as provided in Part 617.10 (b) ; for Un- listed Actions, a determination of nonsignificance shall be sent to. the applicant and maintained in accordance with Part 617.7 (e) . Additionally, the Environmental officer shall pre- pare, file, and circulate such determination with the Town clerk and the applicant and give public notice as provided in - 6 - (c) above. Thereafter, the proposed action may be processed Without further regard to this local law, SEQR, or Part 617. Effective Date of Application for Town Permit OK2�R royal The time of filing an application for approval or funding of -_ . an action shall commence to run from the date the prelimi- nary determination of environmental nonsi.gnificance is rendered. (h) Environmental Impact Statement Required., If the lead agency determines that the proposed action may- have a significant effect on the environment, the Environmental Officer shall prepare, file, and circulate such determination with the Commissioner of the Department of Environmental Con- servation, the appropriate regional office thereof, the Town Clerk, and the applicant and give public notice as provided in (c) above. Thereafter, the proposed action shall be re-- viewed and processed in accordance with the provisions of this local law and Parts 617.9 and 617.10. Section 3.3 Draft Environmental Impact Statement (DEIS) . (a) Notice to Pre are DEIS. Following a determination that a proposed action may have a significant effect on the environment, the Environmental Offi- cer shall, as provided herein, immediately notify the appli- cant of the determination and shall direct the applicant to prepare a draft environmental impact statement (hereafter, DEIS (b) If Ap licant Does Not Pre are DEIS. if the applicant does not submit a DEIS, the lead agency may direct the Environmental.officer to prepare or cause to be prepared the DEIS or, in the lead agency's discretion, notify the applicant that the processing of the application will cease and that no approval will be issued, the application thus being deemed abandoned. (c) DEIS Re uired for Ap lication's Com lete ess. The DEIS is a required document for the application and must be presented before the application is deemed complete for - 7 - acceptance, preparatory to setting a date for a public hear- ing on the application under the regulations governing hear- ings required for processing such type of application_ (d) Notification of Completion. Upon completion of a DEIS prepared by or at the direction of the lead agency, a notice of completion containing the informa- tion specified in 6"NYCRR 617.10 shall be prepared, filed, and circulated, as provided in 6 NYCRR 617.10, to the applicant and to the owners of property within three hundred (300) feet of the perimeter of the subject property. In addition, the notice of completion shall be published in the official news- paper of the Town, and a copy thereof shall be posted on a signboard of the Town. Copies of the DEIS shall be filed, transmitted, and made available as provided in 6 NYCRR 617.10, . (e) Public Hearin q. If the lead agency determines that a public hearing on a DEIS should be held, or if the applicant or twenty-five (25) or more property owners or residents of legal age within the Town request such hearing, notice thereof shall be filed, cir- culated, and sent in the same manner as the notice of comple- tion and shall be published in the official newspaper of the Town at least fourteen (14) days prior to such public hearing. Such notice shall also state the place where relevant written comments on the DEIS may be sent and the date before which such comments shall be received. (f) Timing of Public Hearing. The hearing shall commence within no less than thirty (30) calendar days nor more than forty--five (45) calendar days after the filing of the DEIS, except where the lead agency determines that additional time is .necessary for the public or other agency review of the DEIS or where a different hearing date is required as appropriate under other applicable law. The ,hearing will be conducted by the lead agency. .(g) . Timing" of Lead Agency's Determination. The lead' agency shall be required to make a determination as to ;i,at? _ the n_oposau action will or will not have a signi- ficant effect on the environment within thirty (30) days of the close of the hearing. Such determination shall be based upon the DEIS, the comments made during the public hearing, and upon written comments received in accordance with Subsec- tion (e) above. (h) Negative Impact Determination If, on the basis of a DEIS and the comments received and the record of the hearing where a public hearing is held, the lead agency makes Findings which determine that an action will not have a significant effect upon the environment or that impacts shall be sufficiently mitigated so that the action will not have a significant effect upon the enviroraaent, the proposed action may be processed without further .regard to this local law. Section- 3.4 Final Environmental Impact State (FEIS) (a) Preparation of FEIS. Where the lead agency determines that an action which has •been the subject of a DEIS may have a significant effect on the environment and/or .the DEIS does not provide for sufficient mitigation of the effects upon the environment, then an FEIS shall be prepared •in the manner set forth in and shall contain the .in`ormation required in 6. NYCRR 617. (b) Timing of FEIS. Such FEIS shall be prepared within forty-five (45) days of the filing of the DEIS if no public hearing is held, or thirty (30) days after findings are made by the lead agency after public hearing. However, the lead agency may extend this time as necessary to allow adequate completion of the statement where problems identified with the proposed action require material reconsideration or modification. (c) Notification of Completion. A notice of completion of-an FEIS shall be prepared, filed, and sent in the same manner as provided in Section 3.3 (d) herein and shall be sent to all persons to whom the notice of comple- tion of the DEIS was sent. Copies of the FEIS shall be filed 9 - and made available for review in the same manner as the' DEIS. (d) Approval of Actions. { No decision of any agency to carry out or approve an action which has been the subject of an FEIS shall be made until after the filing' and consideration of the FEIS by that agency. (e) V-1ritten Determination Required. If an agency decides to carry out or .approve an. action which has been determined to have a significant effect on the en- vironment, it shall made the written Findings and shall fol- low the procedures set forth in 6 NYCRR 617.9. (f) Filing of Determination. For public information purposes, a copy of the determination referred to in (e) above shall.,be filed with the Commissioner r of the Department of Environmental Conservation, the appro- priate regional office .thereof, the Town Clerk, the applicant, . and owners of property within three hundred. (300) feet of the perimeter of the subject property. Section 3.5 Coordination of Time Limitations. To the .extent practicable, the Environmental. Officer shall coordinate the time limitations provided in this local law with other time limitations provided by statute or laI4, ordi- nance, or regulation of the- Town. . Section 3.6 Public Records The Town shall maintain files open for public inspection of all notices of completion, draft and final environmental impact } statements and written determinations prepared or caused to be prepared by the lead agency or the Environmental Officer. Section 3.7 Fees. (a) Fee Schedule. The fees for review or preparation of a DEIS and/or FEIS involv- ing an applicant for approval or funding of an action shall be as are from time to time adopted by resolution of the Toern ( Board. If the applicant prepares the DEIS and/or FEIS, the Town may charge a fee for actual expenses of reviewing it �. r either in-house or by paid consultants. If a Town agency pre- pares a DEIS and/or FEIS on behalf of an applicant, it may charge a fee for the cost oZ preparation, including publication of notic=_,a. ` f ARTICLE 4 TYPE I ACTIONS f Section 4.1 State Type I Actions (a) The purpose of the list of actions identified as Type I in this section is to identify for agencies, project sponsors, and the public those .actions and projects that are more likely to require the preparation of a DEIS .than those not so listed (i.e. , ."unlisted actions") . This Type I list is not exhaustive of those actions that an agency determines that may have a sig- nificant effect on the environment and require the preparation of 'an EIS. Therefore, the fact that an action or project has not been listed as a Type I action does not carry with it the- presumption that it will not have a significant effect on the environment.' For all individual actions which are Type I or unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in 617,11. F The Type I actions on this list are considered more likely to require the preparation of a DEIS than other actions and are likely to involve review by more than one governmental agency, and therefore, the procedural requirements for Type I actions (617.6) are more extensive than for those unlisted actions (617.7) . (b) The following actions- are Type I if they are directly undertaken, funded, or approved by an agency: (1) Construction of new, or expansion by more than fifty percent (50%) of existing size, square footage or usage of existing: [a) Airports, heliports including hovercraft and seaplanes. [b] Public institutions such as hospitals, schools, and institutions and buildings of higher learning and correction facilities, and major office centers, etc. [c] !toad or highway sections, including bridges, ( which require an indirect source permit under 6 NYCRR 203. [d) Parking facilities or other facilities with an associated parking area for two hundred fifty (250) or more cars. [e] Dams with a downstream hazard of C classif ica- - tion under the Environmental Conservation Law (ECL) , sec. 15-0503. [f] Stationary combustion installations operating at a total heating input. exceeding one thousand million (1,000,000,000) BTU per hour. [g] Chemical pulp mills, portland cement plants, iron and steel plants, primary aluminum are reduction plants, sulfuric acid plants, petroleum refineries, lime plants, sul- fur recovery plants, fuel conversion plants, and by-product coke manufacturing-plants. [h] Incinerators operating at a refuse charging rate exceeding seventy-five tons of refuse per twenty-four-hour day. [il Storage facilities designed for or capable of storing fifty thousand (50,000) or more gallons of liquid natural gas, liquid petroleum gas, or other liquid fuels. [j] 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-con- taminate exceeds one (1) pound per hour. [k] Process, exhaust, and/or ventilation systems from which the total emission rate of all air contaminants ex- ceeds twenty-five (25) tons per day. [1] Sanitary landfills. [m] Any facility, development, or project which is to be directly located in one (1) of the following critical areas: } [ll Freshwater wetlands as defined in the Freshwater Wetlands Law of the Town of Mamaroneck- [2) Floodplains as defined in Article 36 of the ECL. [3] Areas with slopes of forty percent (40%) or greater. [n] Any facility, development, or project having an adverse impact on any historic building, structure, site listed on the National Register of Historic Places or in the Statewide Inventory of Historical and Cultural Resources, or sites designated as protected pursuant to any Town ordinances 12 - or local laws. [o] Any facility, development, or project which would require parking for more than two hundred and fifty (250) { cars or which would be used for public institutions or build- ings. [p) Any facility, development, or project which would use ground or surface water in excess of fifty thousand (50,000) gallons in.any day. (q] Any industrial facility which has a yearly average discharge flow, based on days of discharge, of greater than twenty-five hundredths (0.25) million gallons per day. (r] Any publicly or privately owned sewage treat- . ------- ment works which has an average daily design flow of more than twenty-five hundredths (0.25) million gallons per day. [s) A residential development that includes' twenty-five (25) or more units in an unsewered area or one hundred (100) or more units in a sewered area. (t] Lakes or other bodies of water with a water surface in excess of twenty-five (25) acres. s . (2) Any funding, licensing, or planning activities in respect to any of the types of construction listed in [1] above. (3) Application of pesticides or herbicides over more than five hundred (500) contiguous acres. (4) Clear-cutting of twenty-five (25) or more contigu- ous acres of forest cover or vegetation other than crops. (5) The proposed adoption of. comprehensive land use } plans, zoning ordinances, 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 environmental plans, local floodplain control plans, and the like. (6) Commercial burial of radioactive materials`re- quiri'ng a permit under 6 NYCRR 380. . (7) Any action which will result in excessive or unusual noise. and-./or vibration, taking into-consideration the volume intensity, pitch, time duration, and the appropriate land uses - 13 - . for both the source and the recipient of such noise. (8) Acquisition or sale by a public agency of more than fifty (50) contiguous acres of land. (9) Any action in an area mapped as a freshwater wetlands. (10) Any action in an area designated a floodplain, r as defined in Article 36 of the Environmental Conservation Law. �f j • (11) Any action in areas containing slopes of twenty percent (203) or greater where development would impact same. ARTICLE 5 TYPE II ACTIONS Section 5.1 State Type 11 Actions. (a) Actions or classes of actions.which have been deter- mined not to have a significant effect on the environment are classified as Type II actions and do not require environ- mental impact statements or any other determination or proce- dure under this Part. . (b) . Each agency may adopt its own Type II list, pro- vided it finds that each of the actions contained on it: (1) is no less protective of the environment than the list in this section; and �.. (2) will in no case have a significant effect on the environment based on the criteria contained in 617.11 and any additional criteria contained in its procedures adopted pursuant to 617,.4. 14 -- (c) An agency may not designate as Type I any action on the Type II list. f (d) The following actions are Type Ix actions: (1) Construction or alteration of a single- or two-family residence and accessory appurtenant uses or struc- tures, but not if such construction or alteration: [a] Is in conjunction with the construction or alteration of two (2) or more such residences- (b)- Is in a critical area as described in this section for Type I actions.' [cl May cause significant water supply, sewage disposal, drainage, fire protection, traffic or noise problems. (2) The extension of utility facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions. (3) Construction or alteration of a store, office, or restaurant designed for an occupant load of twenty (20) persons or less, if not in conjunction with the construction �. or alteration of two (2) or more stores, offices, or restau-- rants .and if not in one (1) of the critical areas as described for Type I actions and the construction of utility facilities to serve such establishments. (4) Actions involving individual setback and lot line variances. (5) ' Agricultural farm management practices, includ- ing construction, maintenance, and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming. (6) Operation, repair, maintenance, or minor altera- tion of existing structures, land uses, and equipment. (7) Restoration or reconstruction of a structure, in whole or in part, being increased or. expanded by less than twenty percent (20%) of its existing size, scruare footage, or usage unless in a critical area as set forth in this local law. { (8) Repaving of existing highways not involving the - 15 - addition of new travel Janes. (9) Street openings for the purpose of repair or t maintenance of existing utility facilities. (10) Installation of traffic control devices on existing streets, roads, and highways other than multiple fixtures on long stretches. (11) Mapping of existing roads, streets, highways, uses, ownership patterns. (12) Regulatory activities not involving construction or changed land use relating to one (1) individual, business, institution, or facility such as inspections, testing, operat- ing certification or licensing. (13) sales of surplus government property other than land, radioactive material, pesticides, herbicides, or other hazardous materials. (14) Investments by or on behalf of agencies or pension or retirement systems, (15) Actions which are immediately necessary for the protection or preservation of life, health,. property, or- '- ~ natural resources. (16) Routine administration and management of agency functions, not including new programs or major reorder- ing or priorities. (17) Routine license and permit renewals where there is no significant change in preexisting conditions. i (18) Routine activities of education institutions which do not include capital construction. ARTICLE 6 MISCELLANEOUS PROVISIONS Section 6.1 Severability The provisions of this local law Ore severable. If any arti- 16 -- cle, section, subsection, or provision of this local law shall be invalid, such invalidity .shall apply only to the article, section, subsection, or provisions adjudged invalid, and the rest of this local law shall remain valid and effec- tive. Section 6.2 Effective Bate. This local law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Sec- tion 27 of the Municipal Home Rule Law. Section 6.3 Repeal of Other Laws This local law repeals Local Law No. 1 of 1977, Environmental Quality Review,and any. amendmenZs thereto. `f y 1 -- 17 -