HomeMy WebLinkAboutLL 1991 #2 SEQR Environmental Review r.,
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VS DEPARTMENT OF STATE Y' ��-,
3 RE 11 F'STATE RECORDS ,1! MUNICIPALITY
162'Waslh i ngton°Avenue Town of Danby
Albany, *( 12231-0001
12/30/91 ,FEB n 6 1992 LOCAL LAW(S) NO. YEAR FILING DATE _
DATE: ({ 1-2 I 1991 l 12/23/91
Local Law Acknowledgment
The above-referenced material was received
_ _ and filed by this office as indicated.
JOHN BARNEY
BARNEY GROSSMAN ROTH & DUBOW
315 NORTH TIOGA STREET
ITHACA NY 14851-6556
Additional local law filing forms will be
1_ .r _I forwarded upon request. j� �`
DOS v. 6/90)
,
BARNEY, GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
315 NORTH TIOGA STREET
P.O. BOX 6556
JOHN C. BARNEY ITHACA. NEW YORK 14851-6556
PETER G. GROSSMAN TELECOPI ER
NELSON E. ROTH (607) 273-6841 (607) 272-8806
DAVID A. DUBOW (NOT FOR SERVICE OF PAPERS)
HUGH C. KENT
RANDALL B. MARCUS
MARY K. FLECK
January 8, 1991
Ms. Carol Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Dear Carol:
Enclosed is the original local law acknowledgement receipt from the Secretary of State
indicating that they received Town of Danby local laws Nos. 1 and 2 for the year 1991 (the
Flood Plain Protection Law and the Environmental Protection Law).
Copies of the enclosed receipt should be kept with each of the mentioned local laws.
With best regards.
Very truly yours,
JCB:bc
Encs.
cc: Nelson E. Roth, Esq.
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162'WASH`-:NGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
f Danby
Town
\Mime
Local Law No. 2 of the year 19 91
A local law PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN
OF DANBY
Be it enacted by the Town Board of the
(Name of Legislative Body)
&a€i7t
xtaw o f Danby as follows:
"Town
lei licgx
SECTION I. Purpose. The purpose of this Local Law is to implement, for the Town of Danby, the
State Environmental Quality Review Act ("SEQR") and the provisions of 6 NYCRR Part 617 as
hereinafter defined.
The intent of SEQR and this Local Law is to provide a procedural framework for the inclusion of
environmental considerations into the local decision-making process at the earliest possible time and for
the mitigation of negative environmental impacts.
It is the purpose of this Local Law that a suitable balance of social, economic, and environmental factors
be incorporated into the planning, review and decision-making processes of the Town of Danby. It is
not the intention of SEQR and this Local Law that environmental factors be the sole or, necessarily,
controlling consideration in the decision-making process.
SECTION II. Definitions. The words used in this Local Law shall have the same meaning as such
words are defined in Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 as the
same may be amended from time to time, unless the context requires a different meaning.
The following terms shall have the following meaning:
1. SEQR - The State Environmental Quality Review Act as set forth in Article 8 of the
Environmental Conservation Law. .
2. Part 617 - Volume 6 of the New York Code of Rules and Regulations Part 617 (6 NYCRR 617).
3. EAF -Full Environmental Assessment Form. Unless and until the Town adopts a different form,
the EAF shall be the EAF included as an appendix to Part 617.
4. S/EAF - Short Environmental Assessment Form. Unless and until the Town adopts a different
form, the S/EAF shall be the S/EAF included as an appendix to Part 617.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(I)
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5. EIS - Environmental Impact Statement.
6. D/EIS - Draft Environmental Impact Statement.
7. ECL - New York State Environmental Conservation Law.
8. Town - the Town of Danby.
The following terms shall be defined and have the meaning as set forth in Part 617 except as modified
by this local law: "Actions"; "Exempt Action"; "Excluded Action"; "Type I Action"; "Type II Action";
"Unlisted Action"; "Lead Agency"; "Involved Agency"; "Critical Environmental Area."
SECTION III. Classification of Actions.
1. All actions may be classified as set forth in (a) through (e), below, and as are defined in Part
617.
a) Exempt - enforcement proceedings, most ministerial acts, maintenance and repair
involving no substantial changes, and emergency actions on a limited and temporary
basis;
b) Excluded - Generally, those actions approved prior to November 1, 1978; or requiring
a certificate of environmental compatibility under the Public Service Law;
c) Type II - actions which have been determined legislatively not to have a significant effect
on the environment, consisting of actions listed in Part 617 or in Section VI of this Local
Law;
d) Type I -actions which are most likely to require preparation of an Environmental Impact
Statement, consisting of actions listed in Part 617, in Section V of this Local Law, or in
any similar listing adopted by an involved agency;
e) Unlisted - not otherwise listed but which require environmental significance to be
determined.
2. If any action meets the definition of an Exempt action or an Excluded action, the SEQR review
shall terminate in accordance with Part 617 regardless of whether such action would otherwise
meet the definition of a Type I action.
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SECTION IV. Designated Person or Department. The Code Enforcement Officer or other person or
department of the Town of Danby designated by the Town Board shall:
1. Aid in determining whether the proposed action is (a) Exempt, (b) Excluded, or (c) Type II,
using the strictest interpretation of Part 617 and this Local Law. Where any doubt exists, such
determination shall be referred to the lead agency as designated under the provisions of Section
IX of this Local Law and to the Town Board in all other cases.
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2. Aid in designating the lead agency and make recommendations therefor.
3. Perform preliminary review of all applications, EAF's, S/EAF's, D/EIS's, EIS's and supporting
documents to determine probable sufficiency as to scope, form and content.
4. Require that the applicant complete an EAF if(a) any question in Part II of the S/EAF has been
answered "Yes", (b)the scope of proposal requires more detail or, (c) in the first instance, if the
S/EAF would not provide the lead agency with sufficient information on which to base its
determination of significance.
5. Aid the applicant with any questions concerning forms or the environmental review process.
6. Determine whether applications, including all pertinent environmental documents, appear to be
sufficient; and forward such application materials to the appropriate Town lead agency with a
recommendation concerning environmental significance within a reasonable time to allow for
review at the Town lead agency meeting at which the application is scheduled to be considered.
7. Assist agencies and applicants to identify other agencies including, federal and state agencies, that
may be involved in the approving, funding or carrying out of Type I and Unlisted actions. The
burden for determining other involved agencies shall nevertheless rest solely on the applicant.
8. Assist in the scoping of the D/EIS (when a Town agency is either a lead agency or an involved
agency.)
SECTION V. Type I Actions. In addition to those actions listed in Part 617, the following are hereby
designated as Type I actions:
1. Any of the following changes in the uses allowed by local law, ordinance, rule, regulation,
special permit, variance or otherwise, within any zoning district or zone or districts or zones
which result in such change in use applying to a parcel or parcels of land of five (5) or more
acres in the zone or zones:
(a) authorization of industrial or commercial uses within a residential zone or Tompkins
County Agricultural District;
(b) establishment of a commercial zone in the commercial target area as set forth in the
Town of Danby Zoning Ordinance;
(c) Construction of civic institution facilities such as hospitals, correction facilities, libraries,
or schools;
2. Any authorization, whether by special permit, re-zoning, variance or otherwise, to allow
construction or expansion of any of the following facilities or activities:
(a) Creation of a residential subdivision, apartment complex, mobile home park, or planned
unit development for ten (10) or more housing units;
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(b) The construction of ten (10) or more new residential units.
(c) Commercial development where the site to be developed is 5 acres or more.
(d) New facilities for industrial activities or expansion of existing facilities by 50 per cent or
more;
(e) Airports, landing fields, and associated buildings, grading, and drainage work;
(f) Dams with a downstream hazard of "C" classification under ECL Section 15-0503;
(g) Sanitary landfills;
(h) Process, exhaust, and/or ventilation systems emitting air contaminants assigned an
environmental rating of "C" under 6 NYCRR 212 with a total emission rate exceeding
one pound per hour;
(i) Process, exhaust, and/or ventilation systems from which total rate of all air contaminants
exceeds 50 tons per day;
(j) Sewage treatment works having average daily design flow of more than 0.5 mgd;
(k) Any facility, development or project having a potentially adverse impact on any historic
or prehistoric building, structure, or site designated as an historic building, landmark, or
district by the Town Board.
3. Any funding, licensing, permitting, or planning activities by a public agency (exclusive of the
granting of building permits by the Code Enforcement Officer) in respect to specific projects
referred to in the immediately two preceding paragraphs.
4. The construction, alteration, or demolition of non-residential facilities which meet or exceed any
of the thresholds set forth in "a" through "d" below, or the expansion of an existing non-
residential facility by more than fifty per cent (50%) of any such thresholds, provided that the
expansion and the existing facilities, when combined, meet or exceed any threshold contained in
Section V and Part 617:
a) an action which involves the physical alteration of ten (10) acres;
b) an action which would use ground or surface water in excess of 100,000 gallons per day;
c) parking for 100 vehicles; or
d) a facility with more than 25,000 square feet of gross floor area.
5. Any action which takes place in, or within 250 feet of, any Critical Environmental Area
designated by a governmental agency pursuant to Part 617.
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6. Any facility, development or project which is to be located in, or within 250 feet of,
(a) A freshwater wetland as defined in ECL Article 24;
(b) An Area of Special Flood Hazard as defined in the Town of Danby's laws relating to
Flood Damage Protection;
(c) A Wild, Scenic, or Recreational River designated in ECL Article 15, Title 27; or
(d) An Unique Natural Area as suggested by the Tompkins County Environmental
Management Council and adopted as such a protected area by the Town Board.
7. Mining of more than 1,000 tons of minerals removed from the earth within twelve (12)
successive calendar months. The definition of mining and minerals shall be the same as that in
the New York State Mined Land Reclamation Law, being Section 23-2705 (7) and (8) of the
ECL.
8. Any facility, development or project which would generate more than 2,000 vehicle trips per any
eight (8) hour period per day.
SECTION VI. Type II Actions. In addition to those actions listed in Part 617, the following are hereby
designated as Type II actions:
1. The construction or alteration of a single or two-family residence and accessory structures:
a) not in conjunction with the construction or alteration of two or more such residences and,
b) not in, or within 250 feet of, a designated Critical Environmental Area, designated
freshwater wetland, or designated area specially protected by legislation of any local,
county, state or federal governmental body.
2. The extension of water, sewer, gas, electric, telephone, or television cable utility facilities to
serve new or altered single or two-family residential structures or to render service in approved
subdivisions, if not in, or within 250 feet of, an area specified in paragraph 1(b) of this Section
VI.
3. The construction or alteration of a store, office, or restaurant, provided:
a) such use is permitted under any local law, ordinance, rule or regulation,
b) such store, office, or restaurant is designed for a maximum occupancy of twenty (20)
persons or less, and
c) such store, office, or restaurant is not in, or within 250 feet of, an area specified in
paragraph 1(b) of this Section VI.
4. The operation, repair, or maintenance of existing structures, facilities, land uses, and equipment.
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5. All tree planting, landscaping, and trimming by the Town of Danby Highway Department.
6. The reconstruction, replacement, or restoration of existing structures, facilities, roadways, and
equipment located on the same site and having the same purpose, including, but not limited to:
a) roadways, shoulders, curbs, ditches, bridges, culverts, and intersection safety devices.
b) deteriorated or damaged structures, facilities or mechanical equipment which need
reconstruction, replacement or restoration to meet current standards of public health and
safety.
SECTION VII. Types of Actions. Actions may include projects or physical activities which change
the use or appearance of any natural resource or structure or are planning activities of an agency that
commit an agency to a course of further decisions, or agency rules, regulations, procedures and policy
making, or a combination of any of the above actions. Such actions may be classified as:
1. Direct actions - directly undertaken by an agency;
2. Funding actions - involving funding by an agency;
3. Permitting actions - requiring one or more permits from an agency or agencies.
SECTION VIII. Required Forms - Initial Review.
1. All direct actions, funding actions, or permitting actions to be carried out, funded or approved
by any agency, board, body, or officer of the Town shall require the preparation of:
a) an EAF if a Type I action or if an Unlisted Action where a S/EAF would not provide the
lead agency with sufficient information on which to base its determination of significance.
b) a S/EAF for all other Unlisted actions. If any question on Part II of a S/EAF is
answered "Yes", or, if the lead agency or person designated pursuant to Section IV of
this Local Law deems that more detailed information is needed, an EAF is required.
2. All application materials shall be submitted at least fifteen (15) days prior to the meeting of the
lead agency at which the application is scheduled to be heard.
SECTION IX. Lead Agency. The lead agency shall be determined as follows:
1. Action involving one agency. Where a single agency:
a) has proposed to directly undertake an action which does not require funding or approval
of any other agency, or
b) has received an application to fund or approve an action over which no other agencies
have approval authority,
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that single agency shall be called the "lead agency", and such final designation of lead agency
shall be made as follows:
i) The Town Board shall be the lead agency with respect to the following: the
adoption, the amendment, or change in any zoning law, ordinance, rule or
regulation governing the use of land and the construction, alteration or
maintenance of improvements to real property;the amendment or changing of the
Town Zoning Map; the abandonment of a Town highway or highways, or any
portion thereof; the construction or expansion of Town buildings, structures and
facilities within the Town; the purchase, sale or lease of real property by the
Town.
ii) The Zoning Board of Appeals shall be the lead agency with respect to
interpretation of all zoning laws, ordinances, rules or regulations when such
interpretations occur in the course of hearing appeals pursuant to the terms of the
Town's Zoning Ordinance, and shall also be the lead agency with respect to the
granting of variances.
iii) The Planning Board shall be the lead agency with respect to subdivision
approvals, site plan approvals, and special permits.
2. Action involving Multiple Agencies. Where an agency has proposed to directly undertake an
action or has received an application for an action requiring funding or approval by more than
one agency, the agency may conduct an uncoordinated review of the action or the "Lead Agency"
shall be determined in accordance with Part 617.
3. Where the lead agency cannot be determined by application of the above guidelines and all
involved agencies are Town agencies, the Town Board shall designate the lead agency, unless any
provisions of the Environmental Conservation Law, or any rules and regulations adopted by the
Department of Environmental Conservation supersede or prevail in this respect over this Local
Law.
SECTION X. Determination of Environmental Significance.
1. After being duly designated, the lead agency shall make a determination of environmental
significance pursuant to Part 617. All determinations by the lead agency shall be by resolution
duly adopted by the lead agency.
2. Such determination of environmental significance shall be one of the following:
a) Negative Declaration of Environmental Significance. Upon a determination having been
made and filed that the proposed action will not have a significant effect on the
environment, the action shall be processed without further regard to SEQR, Part 617 or
this Local Law.
b) Conditioned Negative Declaration of Environmental Significance. Upon a determination
having been made, filed and published that the action, as initially proposed, may result
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in one or more significant adverse environmental effects, but that mitigation measures,
identified and required by the lead agency pursuant to the procedures in Part 617, will
modify the proposed action so that no significant adverse environmental impacts will
result, the action will be processed as a negative declaration; provided, however, that no
comments are received during the public comment period which would require the
submission of a D/EIS pursuant to Part 617. A conditioned negative declaration can only
be given for an Unlisted Action in which a full EAF has been prepared and coordinated
review has been undertaken.
c) Positive Declaration of Environmental Significance. Upon a determination having been
made and filed that the proposed action may have a significant effect on the environment,
the applicant and all other involved agencies shall be notified in accordance with Part 617
that a D/EIS is required.
SECTION XI. Negative Declaration of Environmental Significance. A Negative Declaration of
Environmental Significance shall be prepared, filed and mailed as prescribed in Part 617.
SECTION XII. Conditioned Negative Declaration of Environmental Significance. A Notice of
Negative Declaration of Environmental Significance shall be prepared, filed and published in the
Environmental Notice Bulletin pursuant to Part 617. The Notice shall state that the conditioned negative
declaration has been issued, what conditions have been imposed and the length of the comment period
established by the lead agency. In no case shall the comment period be less than 30 days.
Notwithstanding the above, a D/EIS shall be prepared if any of the conditions set forth in Part 617
relating to Conditioned Negative Declarations are met within the public comment period.
SECTION XIII. Positive Declaration of Environmental Significance.
1. If the lead agency makes a Positive Declaration of Environmental Significance,thus requiring that
a D/EIS be prepared, the matter shall be processed as provided in Part 617.
2. In the case of an application for approval or funding, the D/EIS shall be prepared by the applicant
or by the agency, at the option of the applicant. The applicant shall notify the agency within 30
days of the filing of the Notice of Positive Declaration as to whether the applicant or the agency
shall prepare the D/EIS. If the applicant does not elect to prepare the D/EIS, the agency shall
prepare it, cause it to be prepared, or terminate its review of the proposed action. Upon receipt
of the D/EIS, the lead agency shall determine by resolution whether to accept the D/EIS as
satisfactory as to scope, form and adequacy.
3. Upon the adoption by the lead agency of a resolution to accept the D/EIS, the lead agency shall
file a Notice of Completion of the D/EIS in accordance with the requirements provided in Part
617.
4. All time limits applicable to the processing of a D/EIS and EIS shall commence to run on the date
of filing of the Notice of Completion of the D/EIS.
SECTION XIV. Time Limits.
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1. An application, shall be deemed received for the purposes of Part 617 when the lead agency has
deemed the application, along with pertinent environmental forms, to be complete.
2. An application for a permit or funding shall be deemed complete insofar as the SEQR process
has been completed when, as is appropriate in each case, one of the following events occurs:
a) The action has been determined to be Exempt, Excluded, or a Type II action.
b) A Negative Declaration of Environmental Significance has been issued and such
declaration has been filed pursuant to Part 617, if required.
c) A Conditioned Negative Declaration of Environmental Significance has been issued and
such declaration has been duly filed and published pursuant to Part 617; provided that
no comments have been received within the comment period which would require the
submission of a D/EIS pursuant to Part 617.
d) A written findings statement on a final EIS has been approved and filed pursuant to Part
617, except that the lead agency may, in its sole discretion, determine that an application
for funding or approval shall be deemed complete upon the acceptance by the lead agency
of a D/EIS as to scope, form and adequacy.
SECTION XV. Public Hearings. Public Hearings on the D/EIS shall be held concurrently with any
hearings required to be held by other involved agencies to the fullest extent practicable.
SECTION XVI. Fees. The fees for review or preparation of an EIS (including a D/EIS and final EIS)
involving an application for approval or funding of an action shall be determined by the lead agency for
each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing
the EIS, including the cost of hiring consultants, the salary time of Town employees and actual
disbursements incurred as a result of the review or preparation of the EIS, but in no event shall the fees
be greater than that permitted in Part 617. The applicant shall pay such fees. At the option of the Town,
the Town may request a deposit from the applicant in an amount equal to the reasonable estimate to
accomplish such review and/or preparation which shall be paid by an applicant before the application shall
be deemed complete and before the Town commences its review and/or preparation.
SECTION XVII. Critical Environmental Areas. Critical areas of environmental concern may be
designated by the Town Board pursuant to Part 617.
SECTION XVIII. Actions involving Federal Agencies. Environmental review of actions involving
a federal agency shall be processed in accordance with the provisions of Part 617 related to same.
SECTION XIX. Superseding Prior Legislation. This local law supersedes those portions of any
previous Town laws, ordinances, or resolutions dealing with the implementation of SEQR in the Town,
except any legislation or resolutions establishing fees if such fee legislation or resolutions provide for fees
higher than set forth in this local law.
SECTION XX. Partial Invalidity. If any part of this local law is found by a court of competent
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jurisdiction to be invalid, such finding shall not affect any of the remaining provisions which remaining
provisions shall remain in full force and effect.
SECTION XXI. Effective Date. This Local Law shall take effect immediately upon its filing in the
Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
•
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•
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(Complete the certification in the paragraph that applies.to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 91
of the ( *} (Town)(Vitkagg) of Danby_ was duly passed by the
Town Board _ on December 1119 91, in accordance with the applicable provisions of law.
(Name of Legislative Body)
• (Passage by local legislative body with approval, no disapproval or repnssnge after disapproval
y the Elective Chief Executive Officer`.)
I hereb certify that the local law annexed hereto, designated as local law No. o 19_
of the (Co ty)(City)(Town)(Village) of was duly pa ed by the
on 19 , and was (approved)(not tlisapproved)(r-.passed after
(Name of Legislative n ly) --
disapproval) by the and was deemed duly adopted on 19_
,ctive Chief Executive Office■*)•
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexe( iereto, designated as loc law No. of 19_
of the (County)(City)(Town)(Village) of was duly passed by the
on I9 _, an was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the 19 . Such local law was
(Elective Chief Executive Officer*)
submitted to the people by reason of a (mandator (permissi : referendum, and received the affirmative
vote of a majority of the qualified electors vo • Ig thereon at the :eneral)(special)(annual) election held on
19 , in accordance with le applicable provision f law.
•
4. (Subject to permissive ref• • ndum and final adoption because no valid petit!. ► was filed requesting
referndum.)
I hereby certify that t local law annexed hereto, designated as local law No. of 19_
of the (County)(Ci (Town)(Village) of wa my passed by the
on 19 , and was (approved)(not disapprove repassed after
(Name of Legisla 've Body)
disapprov by the on 19 Such local law w; subject t
(Elective Chief Executive Officers)
per, issive referendum and no valid petition requesting such referendum was filed as of 1 ' ,
• aaeeer-el, - •
.. ' .
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
11
a
•
(City Incal law cnncerning Charter revicinn prnpnced by petitinn )
I here ertify that the local law annexed hereto, designated as local law No. o 19_
of the City o having been submitted to refe urn pursuant to
the provisions of se •: (36)(37) of the Municipal Home Rule Law, and having rece• •. the affirmative vote
• of a majority of the quali - : electors of such city voting thereon at the (spec'. general) election held on
19_, became op- . ive.
6. (County local law concerning adoption o ' tarter.)
•I hereby certify that the local law - - exed hereto, designated as local a- o. of 19
of the County of , State of New irk, having been submitted to
the electors at the G• • - al Election of November 19 , pursuant to . divisions 5 and 7 of
section 33 of • unicipal Home Rule Law, and having received the affirmative vote of a 'ority of the
qualifi-• - ectors of the cities of said county as a unit and of a majority of the qualified electors o •e towns
aid crninty considered ac a unit voting at said general election, beep me operative. -
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
J7) /1 eLsiJc.
Clerk of the County legislativ- •.d./, City,Town or Village Clerk
or officer designated by ocal legilsative body
•
(Sea.l,) ' Date: December 12, 1991
•
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that-the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
ti -1
Signature --
Partiier; Barney, Gro sman, Roth &
Dubow; Attorneys for the Town
Town
of Danby
MISW
Date: December 13 , 1991
12
BARNEY. GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
315 NORTH TIOGA STREET
P.O. BOX 6556
JOHN C BARNEY ITHACA. NEW YORK 14851-6556
PETER G GROSSMAN (•FI..F(,Of IER
NELSON E ROTH (607) 273.6841 (607) 272.8806
DAVID A. Dunow (NOT FOR SERVICE OF PAPERS)
HUGH C. KENT
RANDALL B MARCUS
December 19, 1991
State Records and Law Bureau
Department of State
162 Washington Avenue
Albany, New York 12231
Dear Sirs and Ladies:
Enclosed are three original copies of the following local laws from the Town of Danby
for filing in your office pursuant to Section 27 of the Municipal Home Rule Law:
1. Local Law No. I entitled "A LOCAL LAW RELATING TO FLOOD DAMAGE
PROTECTION".
2. Local Law No. 2 entitled "A LOCAL LAW PROVIDING FOR ENVIRONMENTAL
REVIEW OF ACTIONS IN THE TOWN OF DANBY".
If there is any further information that you need please feel free to contact me.
Very truly yours,
JCB:bc
Encs.
cc: Honorable Ric Dietrich
Town Supervisor
Mrs. Carol Sczepanski
Town Clerk
f+, ' 0�gg1
Nelson E. Roth, Esq. 0
tit
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• NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
641-9< of Danby
Town
Nichttagoc
Local Law No. 1 of the year 19 91
A local law RELATING TO FLOOD DAMAGE PROTECTION
Be it enacted by the Town Board of the
(Name of Legislative Body)
X o f Danby as follows:
Town
Section 1: The Town of Danby hereby enacts the following local law to be entitled "A LOCAL
LAW RELATING TO FLOOD DAMAGE PROTECTION" reading as follows:
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Danby finds that the potential and/or actual damages from
flooding.and erosion may be a problem to the residents of the Town of Danby and that such damages may
include: destruction or loss of private and public housing, damage to public facilities, both publicly and
privately owned, and injury to and loss of human life. In order to minimize the threat of such damages
and to achieve the purposes and objectives hereinafter set forth, this local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public health, safety, and general welfare, and
to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and property due to water or erosion
hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) control the alteration of natural flood plains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion or
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(I)
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flood damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters or
which may increase flood hazards to other lands, and;
(6) qualify and maintain eligibility for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property is in an area of special flood hazard;
and,
(8) to ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to
give them the meaning they have in common usage and to give this local law its most reasonable
application.
"Appeal" means a request for a review of the Code Enforcement Officer's interpretation of any provision
of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's Flood Insurance Rate
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Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the flood plain within a community subject to a one percent
or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO,
Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the base flood plain or 100-year flood
plain.
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any given
year. _
"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
"Building" means any structure built for support, shelter, or enclosure for occupancy or storage.
"Cellar" - has the same meaning as "Basement"
"Development" means any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling
operations.
"Elevated building" means a non-basement building built to have the lowest floor elevated above the
ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or.
shear walls.
"Existing manufactured home park or manufactured home subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale for which the
construction of facilities for servicing the lot on which the manufactured home is to be affixed (including,
at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and
the construction of streets) is completed before the effective date of this local law.
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the Community published by
the Federal Emergency Management Agency as part of a river in Community's Flood Insurance Study.
The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance
Study.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal
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Emergency Management Agency, where the boundaries of the areas of special flood hazard have been
defined but no water surface elevation is provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the Federal
Emergency Management Agency, on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the Flood Boundary and Floodway Map, as elevations of
the base flood.
"Floodproofing" means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located
or carried out in close proximity to water, such as a docking facility. The term does not include long-
term storage, manufacture, sales, or service facilities.
"Lowest Floor" means lowest level including basement, cellar, crawlspace or garage of the lowest
enclosed area.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when connected to
the required utilities. The term also includes mobile homes, park trailers, travel trailers, and similar
transportable structures placed on a site for 180 consecutive days or longer.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum(NGVD)of 1929 or other datum, to which base flood elevations shown on a community's
Flood Insurance Rate Map are referenced.
"New Construction" means structures for which the "start of construction" commenced on or after the
effective date of this Local Law.
"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure,
excluding land value, is above ground.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided in Section 4.3-2 of this Law.
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"Start of Construction" includes substantial improvement and means the first placement of permanent
construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or
footings, the installation of piles, the construction of columns or any work beyond the stage of excava-
tion. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part
of the main structure. For manufactured homes, "start of construction" is the date on which the
construction of facilities for servicing the site on which the manufactured home is to be affixed (including,
at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and
installation of utilities) is commenced but in any event, no later than the placement of a manufactured
home on a foundation.
"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank,
that is principally above ground.
"Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to commence when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply with existing state or local building,
fire, health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions; or
(2) any alteration of a structure or contributing structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this local law which permits construction
or use in a manner that would otherwise be prohibited by this Local Law.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
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This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town
of Danby.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency and
set forth on flood insurance rate maps numbers 01-06 shown on the map indexed and related map for
Community No. 360845B effective May 15, 1985, as the same may be amended from time to time by
the Federal Emergency Management Agency.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This Local Law is adopted in response to revisions to the National Flood Insurance Program
effective October 1, 1986 and shall supersede all previous laws adopted for the purpose of establishing
and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of this Local Law shall be held to be
minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever
the requirements of this local law are at variance with the requirements of any other lawfully adopted
rules, regulations,or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
3.4 SEVERABILITY
The invalidity of any section or provision of this Local Law shall not invalidate any other section
or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and no structure shall hereafter be constructed, located, extended,
converted, or altered and no land shall be excavated or filled without full compliance with the terms of
this Local Law and any other applicable regulations, including receipt of the development permit set forth
below together with any building permits required pursuant to any building, zoning or other rule, law,
or regulation governing construction. Any violation of the provisions of this Local Law by failure to
comply with any of its requirements, including violations of conditions and safeguards established in
connection with conditions of the permit, shall constitute a misdemeanor. Any person who violates this
Local Law or fails to comply with any of its requirements shall, upon conviction thereof be fined not
more than $500 or imprisoned for not more than 30 days or both, for each violation, and in addition,
shall pay all costs and expenses involved in the case. Each day of noncompliance shall be considered a
separate offense. Nothing herein contained shall prevent the Code Enforcement Officer from taking such
other lawful action as necessary to prevent or remedy a violation. Any structure found not complying
with the requirements of this Local Law for which the owner has not applied for and received an
approved variance under Section 6.0 will be declared noncomplying and notification sent to the Federal
Emergency Management Agency.
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3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not
imply that land outside the area of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This local law shall not create liability on the part of the Town of
Danby, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this local law or any administrative decision lawfully made
thereunder.
SECTION 4.0
ADMINISTRATION
4.1 REQUIREMENT FOR DEVELOPMENT PERMIT
(1) A Development Permit shall be obtained before any development or start of construction,
whichever occurs earlier, within any area of special flood hazard established in Section
3.2.
(2) The Code Enforcement Officer is hereby appointed Local Administrator to administer and
implement this local law by granting or denying Development Permit applications in
accordance with its provisions.
(3) The Code Enforcement Officer may include such conditions to the grant of any
Development Permit as the Code Enforcement Officer may reasonably require to carry out
the purpose of this law, and, further, in consideration of the technical evaluations, all
relevant factors and standards specified in other sections of this law including, but not
limited to, those set forth in Section 6.1(4), below.
4.2 DEVELOPMENT PERMIT APPLICATION
(1) The application for the Development Permit must be made by the Owner of the property,
or by a person duly authorized by the Owner ("hereinafter collectively referred to as the
"Owner"), on forms prepared by the Code Enforcement Officer.
(2) The following information is required where applicable:
(a) plans, in duplicate, drawn to scale showing the nature, location, dimension, and
elevations of the area in question, existing and/or proposed structures, fill, storage
of materials and drainage facilities,
elevation in relation to mean sea level of the proposed lowest floor (including
(b) P P
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basement or cellar) of all structures;
(c) elevation in relation to mean sea level to which any non-residential structure will
be flood-proofed;
(d) when required, a certificate from a licensed professional engineer or architect that
the utility floodproofing will meet the criteria in Section 5;
(e) certificate from a licensed professional engineer or architect that the non-
residential flood-proofed structure will meet the flood-proofing criteria in Section
5; and
(f) description of the extent to which any watercourse or regulated floodway will be
altered or relocated as a result of proposed development.
(g) such other information as the Code Enforcement Officer may reasonably require.
(3) Any permit issued may require that the work for which the permit is granted shall be
begun on a date which shall be no more than three months after its issue. The estimated
date of completion of the work shall appear on the permit. The Code Enforcement Officer
may grant extensions of time as the Code Enforcement Officer may reasonably determine,
taking into account the factors and standards set forth elsewhere in this law and the Code
Enforcement Officer may require additional conditions taking into account such factors
and standards and any changes in the physical facts, or in any applicable law, code or
regulations, and the extent of the progress of such work at the time of application. Such
application for extension shall be made on forms prepared by the Code Enforcement
Officer.
4.3 DUTIES OF OWNER
(1) Upon placement of the lowest floor, or flood-proofing by whatever means, it shall be the
duty of the Owner to submit to the Code Enforcement Officer a certificate of the elevation
of the lowest floor, or flood-proofed elevation, in relation to mean sea level. The elevation
certificate shall be prepared by or under the direct supervision of a licensed land surveyor
or professional engineer and certified by same. When flood-proofing is utilized for a
particular building the flood-proofing certificate shall be prepared by or under the direct
supervision of a licensed professional engineer or architect and certified by same. The
Code Enforcement Officer shall review all data submitted. Deficiencies detected shall be
cause to issue a stop-work order for the project unless immediately corrected.
(2) It shall be the responsibility of the Owner to insure that all work and construction has
been done in compliance with the requirements of this law. The Owner shall sign and
acknowledge a certificate that the work has been performed and completed in accordance
with all provisions of this law and the conditions of a permit. The Code Enforcement
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Officer may also require that such a certificate be signed by a competent person who has
supervised or examined the work.
4.4 CODE ENFORCEMENT OFFICER REVIEW AND ACTION
4.4-1 PERMIT APPLICATION REVIEW
Upon receipt of a completed application the Code Enforcement Officer will
(1) Review all Development Permit applications to determine that the requirements of
this local law have been satisfied.
(2) Review all Development Permit applications to determine that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
(3) Review all Development Permits for compliance with the provisions of Section 5
relating to encroachments.
4.4-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data have not been provided in accordance with Section 3.2,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Code
Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a Federal, State or other source, including data
developed pursuant to Section 5.1 in order to administer Section 5.2, SPECIFIC
STANDARDS and Section 5.3 FLOODWAYS.
4.4-3 INFORMATION TO BE OBTAINED AND MAINTAINED
The Code Enforcement Officer shall, with the help of the Owner or, when necessary with
the help of an engineer paid for by the Owner
(1) Obtain and record the actual elevation, in relation to mean sea level, of the lowest
floor, including basement or cellar of all new or substantially improved structures,
and whether or not the structure contains a basement or cellar.
(2) For all new or substantially improved floodproofed structures:
(a) obtain and record the actual elevation, in relation to mean sea level, to
which the structure has been floodproofed; and
(b) maintain the floodproofing certifications required in Sections 5.1 and 5.2.
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(3) Maintain for public inspection all records pertaining to the project as the same is
affected by the provisions of this local law including records of variances when
granted and Certificates of Compliance.
4.4-4 ALTERATION OF WATERCOURSES
The Code Enforcement Officer shall
(1) Notify adjacent communities and the New York State Department of
Environmental Conservation prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance Administrator.
(2) Require that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished.
4.4-5 INTERPRETATION OF FIRM BOUNDARIES
(1) The Code Enforcement Officer shall have the authority to make interpretations
when there appears to be a conflict between the limits of the federally identified
area of special flood hazard and actual field conditions.
(2) Base flood elevation data established pursuant to Section 3.2 and/or Section 4.4-2,
when available, shall be used to accurately delineate the area of special flood
hazards.
(3) The Code Enforcement Officer shall use flood information from any other
authoritative source, including historical data, to establish the limits of the area of
special flood hazards when base flood elevations are not available.
4.4-6 STOP WORK ORDERS
(1) All flood plain development or construction found ongoing without an approved
Development Permit, or any other required permits, shall be subject to the
issuance of a stop work order by the Code Enforcement Officer. Disregard of a
stop work order shall be subject to the penalties described in Section 3.5 of this
Local Law. •
(2) All flood plain development found to be not complying with the provisions of this
law and/or the conditions of the approved permit shall be subject to the issuance
of a stop work order by the Code Enforcement Officer. Disregard of a stop work
order shall be subject to the penalties described in Section 3.5 of this Local Law.
4.4-7 INSPECTIONS
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The Code Enforcement Officer or, if required by the Code Enforcement Officer, the
Owner's engineer or architect shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor compliance with permit
conditions and enable the person who is conducting the inspection to certify that the
development is in compliance with the requirements of either the Development Permit or
an approved variance.
4.4-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any
building or premises, or both, or part thereof hereafter created, erected, changed,
converted or wholly or partly altered or enlarged in its use or structure until a
Certificate of Compliance has been issued by the Code Enforcement Officer
stating that the building or land conforms to the requirements of this Local Law.
(2) All other development occurring within the designated flood hazard area will have
upon completion a Certificate of Compliance issued by the Code Enforcement
Officer.
(3) All certifications shall be based upon the inspections conducted subject to Section
4.4-7, the certification of professionally qualified representatives made pursuant
to Section 4.4-7 and/or any certified elevations, hydraulic information,
floodproofing, anchoring requirements or encroachment analysis which may have
been required as a condition of the approved permit.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
5.1-1 ANCHORING
(1) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall be installed using methods and practices which
minimize flood damage. Manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. All manufactured homes to be
placed or substantially improved shall be elevated on a permanent foundation such
that the lowest floor of the manufactured home is at or above the base flood
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elevation and be securely anchored to an adequately anchored foundation system
in accordance with the following requirements:
(a) Over-the-top ties shall be provided at each of the four corners of the
manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one
additional tie per side.
(b) Frame ties shall be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured home s
less than 50 feet long requiring four additional ties per side.
(c) Each component of the anchoring system shall be capable of individually
carrying a force of 4,800 pounds; and
(d) Any additions to the manufactured home shall be similarly anchored.
5.1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
5.1-3 UTILITIES
(1) All new construction and substantial improvement shall be constructed with
electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
When designed for location below the base flood elevation, a professional
engineer's or architect's certification is required that such utilities meet this
specification.
(2) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the
systems into flood waters; and
(4) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
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5.1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals, including proposed manufactured home parks or
subdivisions, shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals, including proposed manufactured home parks or
subdivisions,shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals, including proposed manufactured home parks or
subdivisions, shall have adequate drainage provided to reduce exposure to flood
damage; and,
(4) Base flood elevation data shall be provided for subdivision proposals and other
proposed developments (including proposals for manufactured home parks and
subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which base flood elevation data are available
pursuant to Section 4.4-2 or Section 5.1-4(4) and no floodway has been
determined the cumulative effects of any proposed development, when combined
with all other existing and anticipated development, shall not increase the water
surface elevation of the base flood more than one foot at any point.
(2) In all areas of the special flood hazard where floodway data are provided or
available pursuant to Section 4.4-2 the requirements of Section 5.3, Floodways,
shall apply.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data have been provided as set
forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARDS and Section 4.4-2, USE OF OTHER BASE FLOOD DATA, the following standards
are required:
•
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement or cellar, elevated to or above the base flood elevation;
5.2-2 NONRESIDENTIAL CONSTRUCTION
(1) New construction and substantial improvement of any commercial, industrial or
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other non-residential structure, together with attendant utility and sanitary
facilities, shall either: have the lowest floor, including basement or cellar, elevated
to or above the base flood elevation; or be floodproofed so that the structure is
watertight below the base flood level with walls substantially impermeable to the
passage of water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and the effects
of buoyancy.
(2) If the structure is to be floodproofed:
(a) a licensed professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance with
accepted standards of practice to make the structure watertight with walls
substantially impermeable to the passage of water, with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(b) a licensed professional engineer or licensed land surveyor shall certify the
specific elevation (in relation to mean sea level) to which the structure is
floodproofed.
(c) The Code Enforcement Officer shall maintain on record a copy of all such
certificates noted in this section.
5.3 FLOODWAYS
Located within areas of special flood hazard are areas designated as floodways (see definition,
Section 2.0). The floodway is an extremely hazardous area due to high velocity flood waters
carrying debris and posing additional threats from potential erosion forces. When floodway data
are available for a particular site as provided by Section 3.2 and Section 4.4-2, all encroachments
including fill, new construction, substantial improvements, and other development are prohibited
within the limits of the floodway unless a technical evaluation demonstrates that such
encroachments shall not result in any increase in flood levels during the occurrence of the base
flood discharge and no manufactured home shall be placed within the limits of the floodway except
in an existing manufactured home park or existing manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Board of Appeals as established by the Town Board shall hear and decide appeals and
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requests for variances from the requirements of this local law.
(2) The Board of Appeals shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Code Enforcement Officer in the
enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Board of Appeals, or any taxpayer owning property
in the Town of Danby who may have a significant interest in the decision and proceedings
on which it was based, may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Board of Appeals shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this local law and:
(a) the danger that materials may be swept onto other lands to the injury of others;
(b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to the community;
(e) the necessity to the facility of a waterfront location, where applicable;
(f) the availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and flood plain
management program of that area;
(i) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding;
(k) the expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(1) the costs of providing governmental services during and after flood conditions,
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including search and rescue operations, maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems and streets and
bridges.
(5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the
Board of Appeals may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this local law.
(6) The Board of Appeals shall maintain the records of all appeal actions including technical
information and report any variances to the Federal Emergency Management Agency upon
request.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the items in
Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures
and contributing structures listed on the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the procedures set forth in the remainder
of this section.
(3) Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that:
(a) the criteria of subparagraphs 1, 4, 5, and 6 of this section 6.2 are met;
(b) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat to public safety.
(4) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(6) Variances shall be issued only upon:
(a) a showing of good and sufficient cause;
(b) a determination that failure to grant the variance would result in exceptional
16
flood.11,wp51,Danby, , 12/17/91 5:44pm
hardship to the applicant; and
(c) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor below
the base flood elevation shall be given written notice that the cost of flood insurance will
be commensurate with the increased risk resulting from lowest floor elevation.
Section 2: If any provision of this local law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any of the other provisions of this local law which shall
remain in full force and effect.
Section 3: This local law shall supersede any prior ordinances, laws, or provisions governing flood
damage protection previously enacted by the Town of Danby, including particularly Local
Law Number 4 for the year 1985.
Section 4: This law shall take effect ten days after its enactment.
17
I
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed berets, designated as local law Ni. 1 t►I' 19.91
of the ( t5-4iif ( 43c) 'I'own)(VKINKe) of Danby was duly passed by the
Town Board on December 11 1991 , in accordance with the applicable provisions of law.
(Name of Le-0st:dive 1i,i1y)
•
y the Elective Chief Executive Officer'.)
I hereb• certify that the local law annexed hereto, designated as local law No. - f 19
of the (Cob ty)(City)(Town)(Viilage) of was duly ssed by the
on I') , and was (at,t,rsvv,ixi st disapproved massed after
(Flnnle of T,�µinlni.iv
disapproval) by the _ _ and was deemed duly adopted on 1')
e.Ctive Chlet I xee,u tIVe t)Iricer') '-
in accordance with the • p1icable provisions of law.
3. (Final adoption by referendum.
I hereby certify that the local law annex d hereto, designated as lo - law No. _ of 19
of the (County)(City)("I'own)(Village) of _ was duly passed by the
on 19 , at was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the n 19 Such local law was
(Elective Chief Executive Officers)
submitted to the people by reason of a (mandato (perm .sive) referendum, and received the affirmative
vote of a majority of the qualified electors v- ng thereon a he (general)(special)(annual) election held on
19 , in accordance will ae applicable prove. • ms of law.
4. (Subject to permissive ref, -endum and final adoption because no valid I �tition was filed requesting
referndum.)
I hereby certify that e local law annexed hereto, designated as local law No. of 19_
of the (County)(C )(Town)(Village) of was duly passed by the
on 19 , and was (a pproved)(not disapp ved)(repassed after
(Name of Legisl. rye Body)
disappro I) by the __ on 19 Such local • w was subject t
Elective Chief Executive Officers)
pe issive referendum and no valid petition requesting such referendum was filed as of 19
arcordance with the applicable provisions of law.
'Elective Chief Executive Officer paeans or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
i8
(City local law cnncerninu Charter revicinn prnpncetl by petition )
I here ertify that the local law annexed hereto, designated as local law No. o 19
of the City o having been submitted to refe • sum pursuant to
the provisions of se 'a (36)(37) of the Municipal Home Rule Law, and having rece. •4 the affirmative vote
• of a majority of the quali 1-: electors of such city voting thereon at the (speci general) election held on
19 , became op- • ive.
6. (County local law concerning adoption o ' iarter.)
I hereby certify that the local law • - exed hereto, designated as local a o. of 19
of the County of , State of New irk, having been submitted to
the electors at the G- • - al Election of November 19 , pursuant to . divisions 5 and 7 of
section 33 of unicipal Home Rule Law, and having received the affirmative vote of a 'ority of the
qualifi-. - ectors of the cities of said county as a unit and of a majority of the qualified electors o •e towns
Ii.... . . 1 SS '.• •. . I . '. • . . e. • . . 3 • 4 ••
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
Iti`4/ —
Clerk of the County legisl ive d , City,Town or Village Clerk
or officer designated y ocal legilsative body
(Seal) Date: December 12 , 1991
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local lawlannexed, ereto.
c/o C 6),...,,n___
Signature
Partn r; Barney, Grossman, Roth &
Dubow/; Attorneys for the Town
Tithe -- -- -- -----
3 of Danby
Town --
WilliF
Date: December 13, 1991
19
• NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
Coil4
ousa f Danby
Town
Wttme
Local Law No. 2 of the year 19 91
A local law PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN
OF DANBY
Be it enacted by the Town Board of the
(Name of Legislative Body)
Maw
xgit{ n of Danby as follows:
Tow
5filkcgx
SECTION I. Purpose. The purpose of this Local Law is to implement, for the Town of Danby, the
State Environmental Quality Review Act ("SEQR") and the provisions of 6 NYCRR Part 617 as
hereinafter defined.
The intent of SEQR and this Local Law is to provide a procedural framework for the inclusion of
environmental considerations into the local decision-making process at the earliest possible time and for
the mitigation of negative environmental impacts.
It is the purpose of this Local Law that a suitable balance of social, economic, and environmental factors
be incorporated into the planning, review and decision-making processes of the Town of Danby. It is
not the intention of SEQR and this Local Law that environmental factors be the sole or, necessarily,
controlling consideration in the decision-making process.
SECTION II. Definitions. The words used in this Local Law shall have the same meaning as such
words are defined in Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 as the
same may be amended from time to time, unless the context requires a different meaning.
The following terms shall have the following meaning:
1. SEQR - The State Environmental Quality Review Act as set forth in Article 8 of the
Environmental Conservation Law. .
2. Part 617 - Volume 6 of the New York Code of Rules and Regulations Part 617 (6 NYCRR 617).
3. EAF -Full Environmental Assessment Form. Unless and until the Town adopts a different form,
the EAF shall be the EAF included as an appendix to Part 617.
4. S/EAF - Short Environmental Assessment Form. Unless and until the Town adopts a different
form, the S/EAF shall be the S/EAF included as an appendix to Part 617.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(I)
Danby.env,wp51 danby,12/17/91 5:32pm
5. EIS - Environmental Impact Statement.
6. D/EIS - Draft Environmental Impact Statement.
7. ECL - New York State Environmental Conservation Law.
8. Town - the Town of Danby.
The following terms shall be defined and have the meaning as set forth in Part 617 except as modified
by this local law: "Actions"; "Exempt Action"; "Excluded Action"; "Type I Action"; "Type II Action";
"Unlisted Action"; "Lead Agency"; "Involved Agency"; "Critical Environmental Area."
SECTION III. Classification of Actions. _
1. All actions may be classified as set forth in (a) through (e), below, and as are defined in Part
617.
a) Exempt - enforcement proceedings, most ministerial acts, maintenance and repair
involving no substantial changes, and emergency actions on a limited and temporary
basis;
b) Excluded - Generally, those actions approved prior to November 1, 1978; or requiring
a certificate of environmental compatibility under the Public Service Law;
c) Type II - actions which have been determined legislatively not to have a significant effect
on the environment, consisting of actions listed in Part 617 or in Section VI of this Local
Law;
d) Type I -actions which are most likely to require preparation of an Environmental Impact
Statement, consisting of actions listed in Part 617, in Section V of this Local Law, or in
any similar listing adopted by an involved agency;
e) Unlisted - not otherwise listed but which require environmental significance to be
determined.
2. If any action meets the definition of an Exempt action or an Excluded action, the SEQR review
shall terminate in accordance with Part 617 regardless of whether such action would otherwise
meet the definition of a Type I action.
•
SECTION IV. Designated Person or Department. The Code Enforcement Officer or other person or
department of the Town of Danby designated by the Town Board shall:
1. Aid in determining whether the proposed action is (a) Exempt, (b) Excluded, or (c) Type II,
using the strictest interpretation of Part 617 and this Local Law. Where any doubt exists, such
determination shall be referred to the lead agency as designated under the provisions of Section
IX of this Local Law and to the Town Board in all other cases.
2
Danby.env,wp51 danby,12/17/91 5:32pm
2. Aid in designating the lead agency and make recommendations therefor.
3. Perform preliminary review of all applications, EAF's, S/EAF's, D/EIS's, EIS's and supporting
documents to determine probable sufficiency as to scope, form and content.
4. Require that the applicant complete an EAF if(a) any question in Part II of the S/EAF has been
answered "Yes", (b) the scope of proposal requires more detail or, (c) in the first instance, if the
S/EAF would not provide the lead agency with sufficient information on which to base its
determination of significance.
5. Aid the applicant with any questions concerning forms or the environmental review process.
6. Determine whether applications, including all pertinent environmental documents, appear to be
sufficient; and forward such application materials to the appropriate Town lead agency with a
recommendation concerning environmental significance within a reasonable time to allow for
review at the Town lead agency meeting at which the application is scheduled to be considered.
7. Assist agencies and applicants to identify other agencies including, federal and state agencies, that
may be involved in the approving, funding or carrying out of Type I and Unlisted actions. The
burden for determining other involved agencies shall nevertheless rest solely on the applicant.
8. Assist in the scoping of the D/EIS (when a Town agency is either a lead agency or an involved
agency.)
SECTION V. Type I Actions. In addition to those actions listed in Part 617, the following are hereby
designated as Type I actions:
1. Any of the following changes in the uses allowed by local law, ordinance, rule, regulation,
special permit, variance or otherwise, within any zoning district or zone or districts or zones
which result in such change in use applying to a parcel or parcels of land of five (5) or more
acres in the zone or zones:
(a) authorization of industrial or commercial uses within a residential zone or Tompkins
County Agricultural District;
(b) establishment of a commercial zone in the commercial target area as set forth in the
Town of Danby Zoning Ordinance;
(c) Construction of civic institution facilities such as hospitals, correction facilities, libraries,
or schools;
2. Any authorization, whether by special permit, re-zoning, variance or otherwise, to allow
construction or expansion of any of the following facilities or activities:
(a) Creation of a residential subdivision, apartment complex, mobile home park, or planned
unit development for ten (10) or more housing units;
3
Danby.env,wp51 danby,12/17/91 5:32pm
(b) The construction of ten (10) or more new residential units.
(c) Commercial development where the site to be developed is 5 acres or more.
(d) New facilities for industrial activities or expansion of existing facilities by 50 per cent or
more;
(e) Airports, landing fields, and associated buildings, grading, and drainage work;
(f) Dams with a downstream hazard of "C" classification under ECL Section 15-0503;
(g) Sanitary landfills;
(h) Process, exhaust, and/or ventilation systems emitting air contaminants assigned an
environmental rating of "C" under 6 NYCRR 212 with a total emission rate exceeding
one pound per hour;
(i) Process, exhaust, and/or ventilation systems from which total rate of all air contaminants
exceeds 50 tons per day;
(j) Sewage treatment works having average daily design flow of more than 0.5 mgd;
(k) Any facility, development or project having a potentially adverse impact on any historic
or prehistoric building, structure, or site designated as an historic building, landmark, or
district by the Town Board.
3. Any funding, licensing, permitting, or planning activities by a public agency (exclusive of the
granting of building permits by the Code Enforcement Officer) in respect to specific projects
referred to in the immediately two preceding paragraphs.
4. The construction, alteration, or demolition of non-residential facilities which meet or exceed any
of the thresholds set forth in "a" through "d" below, or the expansion of an existing non-
residential facility by more than fifty per cent (50%) of any such thresholds, provided that the
expansion and the existing facilities, when combined, meet or exceed any threshold contained in
Section V and Part 617:
a) an action which involves the physical alteration of ten (10) acres;
b) an action which would use ground or surface water in excess of 100,000 gallons per day;
c) parking for 100 vehicles; or
d) a facility with more than 25,000 square feet of gross floor area.
5. Any action which takes place in, or within 250 feet of, any Critical Environmental Area
designated by a governmental agency pursuant to Part 617.
4
Danby.env,wp51 danby,12/17/91 5:32pm
6. Any facility, development or project which is to be located in, or within 250 feet of,
(a) A freshwater wetland as defined in ECL Article 24;
(b) An Area of Special Flood Hazard as defined in the Town of Danby's laws relating to
Flood Damage Protection;
(c) A Wild, Scenic, or Recreational River designated in ECL Article 15, Title 27; or
(d) An Unique Natural Area as suggested by the Tompkins County Environmental
Management Council and adopted as such a protected area by the Town Board.
7. Mining of more than 1,000 tons of minerals removed from the earth within twelve (12)
successive calendar months. The definition of mining and minerals shall be the same as that in
the New York State Mined Land Reclamation Law, being Section 23-2705 (7) and (8) of the
ECL.
8. Any facility, development or project which would generate more than 2,000 vehicle trips per any
eight (8) hour period per day.
SECTION VI. Type II Actions. In addition to those actions listed in Part 617, the following are hereby
designated as Type II actions:
1. The construction or alteration of a single or two-family residence and accessory structures:
a) not in conjunction with the construction or alteration of two or more such residences and,
b) not in, or within 250 feet of, a designated Critical Environmental Area, designated
freshwater wetland, or designated area specially protected by legislation of any local,
county, state or federal governmental body.
2. The extension of water, sewer, gas, electric, telephone, or television cable utility facilities to
serve new or altered single or two-family residential structures or to render service in approved
subdivisions, if not in, or within 250 feet of, an area specified in paragraph 1(b) of this Section
VI.
3. The construction or alteration of a store, office, or restaurant, provided:
a) such use is permitted under any local law, ordinance, rule or regulation,
b) such store, office, or restaurant is designed for a maximum occupancy of twenty (20)
persons or less, and
c) such store, office, or restaurant is not in, or within 250 feet of, an area specified in
paragraph 1(b) of this Section VI.
4. The operation, repair, or maintenance of existing structures, facilities, land uses, and equipment.
5
Danby.env,wp51 danby,12/17/91 5:32pm
5. All tree planting, landscaping, and trimming by the Town of Danby Highway Department.
6. The reconstruction, replacement, or restoration of existing structures, facilities, roadways, and
equipment located on the same site and having the same purpose, including, but not limited to:
a) roadways, shoulders, curbs, ditches, bridges, culverts, and intersection safety devices.
b) deteriorated or damaged structures, facilities or mechanical equipment which need
reconstruction, replacement or restoration to meet current standards of public health and
safety.
SECTION VII. Types of Actions. Actions may include projects or physical activities which change
the use or appearance of any natural resource or structure or are planning activities of an agency that
commit an agency to a course of further decisions, or agency rules, regulations, procedures and policy
making, or a combination of any of the above actions. Such actions may be classified as:
1. Direct actions - directly undertaken by an agency;
2. Funding actions - involving funding by an agency;
3. Permitting actions - requiring one or more permits from an agency or agencies.
SECTION VIII. Required Forms - Initial Review.
1. All direct actions, funding actions, or permitting actions to be carried out, funded or approved
by any agency, board, body, or officer of the Town shall require the preparation of:
a) an EAF if a Type I action or if an Unlisted Action where a S/EAF would not provide the
lead agency with sufficient information on which to base its determination of significance.
b) a S/EAF for all other Unlisted actions. If any question on Part II of a S/EAF is
answered "Yes", or, if the lead agency or person designated pursuant to Section IV of
this Local Law deems that more detailed information is needed, an EAF is required.
2. All application materials shall be submitted at least fifteen (15) days prior to the meeting of the
lead agency at which the application is scheduled to be heard.
SECTION IX. Lead Agency. The lead agency shall be determined as follows:
•
1. Action involving one agency. Where a single agency:
a) has proposed to directly undertake an action which does not require funding or approval
of any other agency, or
b) has received an application to fund or approve an action over which no other agencies
have approval authority,
6
Danby.env,wp51 danby,12/17/91 5:32pm
that single agency shall be called the "lead agency", and such final designation of lead agency
shall be made as follows:
i) The Town Board shall be the lead agency with respect to the following: the
adoption, the amendment, or change in any zoning law, ordinance, rule or
regulation governing the use of land and the construction, alteration or
maintenance of improvements to real property; the amendment or changing of the
Town Zoning Map; the abandonment of a Town highway or highways, or any
portion thereof; the construction or expansion of Town buildings, structures and
facilities within the Town; the purchase, sale or lease of real property by the
Town.
ii) The Zoning Board of Appeals shall be the lead agency with respect to
interpretation of all zoning laws, ordinances, rules or regulations when such
interpretations occur in the course of hearing appeals pursuant to the terms of the
Town's Zoning Ordinance, and shall also be the lead agency with respect to the
granting of variances.
iii) The Planning Board shall be the lead agency with respect to subdivision
approvals, site plan approvals, and special permits.
2. Action involving Multiple Agencies. Where an agency has proposed to directly undertake an
action or has received an application for an action requiring funding or approval by more than
one agency, the agency may conduct an uncoordinated review of the action or the "Lead Agency"
shall be determined in accordance with Part 617.
3. Where the lead agency cannot be determined by application of the above guidelines and all
involved agencies are Town agencies, the Town Board shall designate the lead agency, unless any
provisions of the Environmental Conservation Law, or any rules and regulations adopted by the
Department of Environmental Conservation supersede or prevail in this respect over this Local
Law.
SECTION X. Determination of Environmental Significance.
1. After being duly designated, the lead agency shall make a determination of environmental
significance pursuant to Part 617. All determinations by the lead agency shall be by resolution
duly adopted by the lead agency.
2. Such determination of environmental significance shall be one of the following:
a) Negative Declaration of Environmental Significance. Upon a determination having been
made and filed that the proposed action will not have a significant effect on the
environment, the action shall be processed without further regard to SEQR, Part 617 or
this Local Law.
b) Conditioned Negative Declaration of Environmental Significance. Upon a determination
having been made, filed and published that the action, as initially proposed, may result
7
Danby.env,wp51 danby,12/17/915:32pm
in one or more significant adverse environmental effects, but that mitigation measures,
identified and required by the lead agency pursuant to the procedures in Part 617, will
modify the proposed action so that no significant adverse environmental impacts will
result, the action will be processed as a negative declaration; provided, however, that no
comments are received during the public comment period which would require the
submission of a D/EIS pursuant to Part 617. A conditioned negative declaration can only
be given for an Unlisted Action in which a full EAF has been prepared and coordinated
review has been undertaken.
c) Positive Declaration of Environmental Significance. Upon a determination having been
made and filed that the proposed action may have a significant effect on the environment,
the applicant and all other involved agencies shall be notified in accordance with Part 617
that a D/EIS is required.
SECTION XI. Negative Declaration of Environmental Significance. A Negative Declaration of
Environmental Significance shall be prepared, filed and mailed as prescribed in Part 617.
SECTION XII. Conditioned Negative Declaration of Environmental Significance. A Notice of
Negative Declaration of Environmental Significance shall be prepared, filed and published in the
Environmental Notice Bulletin pursuant to Part 617. The Notice shall state that the conditioned negative
declaration has been issued, what conditions have been imposed and the length of the comment period
established by the lead agency. In no case shall the comment period be less than 30 days.
Notwithstanding the above,. a D/EIS shall be prepared if any of the conditions set forth in Part 617
relating to Conditioned Negative Declarations are met within the public comment period.
SECTION XIII. Positive Declaration of Environmental Significance.
1. If the lead agency makes a Positive Declaration of Environmental Significance,thus requiring that
a D/EIS be prepared, the matter shall be processed as provided in Part 617.
2. In the case of an application for approval or funding, the D/EIS shall be prepared by the applicant
or by the agency, at the option of the applicant. The applicant shall notify the agency within 30
days of the filing of the Notice of Positive Declaration as to whether the applicant or the agency
shall prepare the D/EIS. If the applicant does not elect to prepare the D/EIS, the agency shall
prepare it, cause it to be prepared, or terminate its review of the proposed action. Upon receipt
of the D/EIS, the lead agency shall determine by resolution whether to accept the D/EIS as
satisfactory as to scope, form and adequacy.
3. Upon the adoption by the lead agency of a resolution to accept the D/EIS, the lead agency shall
file a Notice of Completion of the D/EIS in accordance with the requirements provided in Part
617.
4. All time limits applicable to the processing of a D/EIS and EIS shall commence to run on the date
of filing of the Notice of Completion of the D/EIS.
SECTION XIV. Time Limits.
8
Danby.env,wp51 danby,12/17/91 5:32pm
1. An application, shall be deemed received for the purposes of Part 617 when the lead agency has
deemed the application, along with pertinent environmental forms, to be complete.
2. An application for a permit or funding shall be deemed complete insofar as the SEQR process
has been completed when, as is appropriate in each case, one of the following events occurs:
a) The action has been determined to be Exempt, Excluded, or a Type II action.
b) A Negative Declaration of Environmental Significance has been issued and such
declaration has been filed pursuant to Part 617, if required.
c) A Conditioned Negative Declaration of Environmental Significance has been issued and
such declaration has been duly filed and published pursuant to Part 617; provided that
no comments have been received within the comment period which would require the
submission of a D/EIS pursuant to Part 617.
d) A written findings statement on a final EIS has been approved and filed pursuant to Part
617, except that the lead agency may, in its sole discretion, determine that an application
for funding or approval shall be deemed complete upon the acceptance by the lead agency
of a D/EIS as to scope, form and adequacy.
SECTION XV. Public Hearings. Public Hearings on the D/EIS shall be held concurrently with any
hearings required to be held by other involved agencies to the fullest extent practicable.
SECTION XVI. Fees. The fees for review or preparation of an EIS (including a D/EIS and final.EIS)
involving an application for approval or funding of an action shall be determined by the lead agency for
each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing
the EIS, including the cost of hiring consultants, the salary time of Town employees and actual
disbursements incurred as a result of the review or preparation of the EIS, but in no event shall the fees
be greater than that permitted in Part 617. The applicant shall pay such fees. At the option of the Town,
the Town may request a deposit from the applicant in an amount equal to the reasonable estimate to
accomplish such review and/or preparation which shall be paid by an applicant before the application shall
be deemed complete and before the Town commences its review and/or preparation.
SECTION XVII. Critical Environmental Areas. Critical areas of environmental concern may be
designated by the Town Board pursuant to Part 617.
SECTION XVIII. Actions involving Federal Agencies. Environmental review of actions involving
a federal agency shall be processed in accordance with the provisions of Part 617 related to same.
SECTION XIX. Superseding Prior Legislation. This local law supersedes those portions of any
previous Town laws, ordinances, or resolutions dealing with the implementation of SEQR in the Town,
except any legislation or resolutions establishing fees if such fee legislation or resolutions provide for fees
higher than set forth in this local law.
SECTION XX. Partial Invalidity. If any part of this local law is found by a court of competent
9
Danby.env,wp51 danby,12/17/91 5:32pm
jurisdiction to be invalid, such finding shall not affect any of the remaining provisions which remaining
provisions shall remain in full force and effect.
SECTION X70. Effective Date. This Local Law shall take effect immediately upon its filing in the
Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
•
10
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 91
of the ( > }(Town)(Vxb ) of Danby__._-.---------___-.-- was duly passed by the
Town Board _ on December 1119 91, in accordance with the a1plicable provisions of law.
(Name of Legislative Body)•• tl
y the Elective Chief Executive Officer'.)
I hereb certify that the local law annexed hereto, designated as local law No. o 19
of the (Co •ty)(City)(Town)(Village) of • was duly pa 'ed by the
on 19 , and was (approved)(not (Iisapproved)(r .passed after
(Name of LegielnLive „ ly)
disapproval) by the and was deemed duly adopted on 19 ,
ctive Chief Executive Officer )
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexe( tereto, designated as loc law No. of 19_
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , an was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the 19 Such local law was
(Elective Chief Executive Officer`)
submitted to the people by reason of a (mandator (permissi‘: referendum, and received the affirmative
vote of a majority of the qualified electors vo ' tg thereon at the :eneral)(special)(annual) election held on
19 , in accordance with to applicable provision f law.
4. (Subject to permissive ref• • ndum and final adoption because no valid petit!. t was filed requesting
referndurn.)
I hereby certify that t • local law annexed hereto, designated as local law No. of 19_
of the (County)(Ci • (Town)(Village) of wa my passed by the
on 19__, and was (approved)(not disapprove repassed after
(Name of Legisla 've Body)
disapprov by the _ on 19 Such local law w; subject t
(Elective Chief Executive Officers)
per, issive referendum and no valid petition requesting such referendum was filed as of 1 ' ,
-accord. . • - • • .. • • . - : • .
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
11
•
,.
(City local law concerning Charter revision proposed by petition )
I here ertify that the local law annexed hereto, designated as local law No. o 19_
of the City o having been submitted to refe urn pursuant to
the provisions of se ', (36)(37) of the Municipal Home Rule Law, and having rece' e the affirmative vote
• of a majority of the quali 1- 2 electors of such city voting thereon at the (spec'. general) election held on
19 , became op- - ive.
6. (County local law concerning adoption o ' iiarter.)
I hereby certify that the local law - - exed hereto, designated as local a- o. of 19
of the County of , State of New irk, having been submitted to
the electors at the G• • - al Election of November 19 , pursuant to . divisions 5 and 7 of
section 33 of • unicipal I-Iome Rule Law, and having received the affirmative vote of a 'ority of the
qualifi- • • ectors of the cities of said county as a unit and of a majority of the qualified electors o le towns
.j
id county considered as a unit voting nt said general elActiom, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
Clerk of the County legislative b ' , ity, Town or Village Clerk
or officer designated by local legilsative body
(Seal) Date: December 12, 1991
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature g natPartner; Barney, Gro sman, Roth &
Dubowj; Attorneys for the Town
qkx
Title I
Town
of Danby
Date: December 13, 19 91
12
LOCAL LAW NO #2 - 1991 PROVIDING FOR
ENVIRONMENTAL REVIEW OF ACTIONS
IN THE TOWN OF DANBY
Be it enacted by the Town Board of the Town of Danby as follows:
. ."A LOCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW
OF ACTIONS IN THE TOWN OF DANBY
SECTION I. Purpose. The purpose of this Local Law is to implement, for the Town of Danby, the
State Environmental Quality Review Act ("SEQR") and the provisions of 6 NYCRR Part 617 as
hereinafter defined.
The intent of SEQR and this Local Law is to provide a procedural framework for the inclusion of
environmental considerations into the local decision-making process at the earliest possible time and for
the mitigation of negative environmental impacts.
It is the purpose of this Local Law that a suitable balance of social, economic, and environmental factors
be incorporated into the planning, review and decision-making processes of the Town of Danby. It is
not the intention of SEQR and this Local Law that environmental factors be the sole or, necessarily,
controlling consideration in the decision-making process.
SECTION II. Definitions. The words used in this Local Law shall have the same meaning as such
words are defined in Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 as the
same may be amended from time to time, unless the context requires a different meaning.
The following terms shall have the following meaning:
1. SEQR - The State Environmental Quality Review Act as set forth in Article 8 of the
Environmental Conservation Law.
2. Part 617 - Volume 6 of the New York Code of Rules and Regulations Part 617 (6 NYCRR 617).
3. EAF -Full Environmental Assessment Form. Unless and until the Town adopts a different form,
the EAF shall be the EAF included as an appendix to Part 617.
4. S/EAF - Short Environmental Assessment Form. Unless and until the Town adopts a different
form, the S/EAF shall be the S/EAF included as an appendix to Part 617.
5. EIS - Environmental Impact Statement.
6. D/EIS - Draft Environmental Impact Statement.
7. ECL - New York State Environmental Conservation Law.
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8. Town - the Town of Danby.
The following terms shall be defined and have the meaning as set forth in Part 617 except as modified
by this local law: "Actions"; "Exempt Action"; "Excluded Action"; "Type I Action"; "Type II Action";
"Unlisted Action"; "Lead Agency"; "Involved Agency"; "Critical Environmental Area."
SECTION III. Classification of Actions.
1. All actions may be classified as set forth in (a) through (e), below, and as are defined in Part
617.
a) Exempt - enforcement proceedings, most ministerial acts, maintenance and repair
involving no substantial changes, and emergency actions on a limited and temporary
basis;
b) Excluded - Generally, those actions approved prior to November 1, 1978; or requiring
a certificate of environmental compatibility under the Public Service Law;
c) Type II - actions which have been determined legislatively not to have a significant effect
on the environment, consisting of actions listed in Part 617 or in Section VI of this Local
Law;
d) Type I - actions which are most likely to require preparation of an Environmental Impact
Statement, consisting of actions listed in Part 617, in Section V of this Local Law, or in
any similar listing adopted by an involved agency;
e) Unlisted - not otherwise listed but which require environmental significance to be
determined.
2. If any action meets the definition of an Exempt action or an Excluded action, the SEQR review
shall terminate in accordance with Part 617 regardless of whether such action would otherwise
meet the definition of a Type I action.
SECTION IV. Designated Person or Department. The Code Enforcement Officer or other person or
department of the Town of Danby designated by the Town Board shall:
1. Aid in determining whether the proposed action is (a) Exempt, (b) Excluded, or (c) Type II,
using the strictest interpretation of Part 617 and this Local Law. Where any doubt exists, such
determination shall be referred to the.lead agency as designated under the provisions of Section
IX of this Local Law and to the Town Board in all other cases.
2. Aid in designating the lead agency and make recommendations therefor.
3. Perform preliminary review of all applications, EAF's, S/EAF's, D/EIS's, EIS's and supporting
documents to determine probable sufficiency as to scope, form and content.
4. Require that the applicant complete an EAF if(a) any question in Part II of the S/EAF has been
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answered "Yes", (b) the scope of proposal requires more detail or, (c) in the first instance, if the
S/EAF would not provide the lead agency with sufficient information on which to base its
determination of significance.
5. Aid the applicant with any questions concerning forms or the environmental review process.
6. Determine whether applications, including all pertinent environmental documents, appear to be
sufficient; and forward such application materials to the appropriate Town lead agency with a
recommendation concerning environmental significance within a reasonable time to allow for
review at the Town lead agency meeting at which the application is scheduled to be considered.
7. Assist agencies and applicants to identify other agencies including, federal and state agencies,that
may be involved in the approving, funding or carrying out of Type I and Unlisted actions. The
burden for determining other involved agencies shall nevertheless rest solely on the applicant.
8. Assist in the scoping of the D/EIS (when a Town agency is either a lead agency or an involved
agency.)
SECTION V. Type I Actions. In addition to those actions listed in Part 617, the following are hereby
designated as Type I actions:
1. Any of the following changes in the uses allowed by local law, ordinance, rule, regulation,
special permit, variance or otherwise, within any zoning district or zone or districts or zones
which result in such change in use applying to a parcel or parcels of land of five (5) or more
acres in the zone or zones:
(a) authorization of industrial or commercial uses within a residential zone or Tompkins
County Agricultural District;
(b) establishment of a commercial zone in the commercial target area as set forth in the
Town of Danby Zoning Ordinance;
(c) Construction of civic institution facilities such as hospitals, correction facilities, libraries,
or schools;
2. Any authorization, whether by special permit, re-zoning, variance or otherwise, to allow
construction or expansion of any of the following facilities or activities:
(a) Creation of a residential subdivision, apartment complex, mobile home park, or planned
unit development for ten (10) or more housing units;
(b) The construction of ten (10) or more new residential units.
(c) Commercial development where the site to be developed is 5 acres or more.
(d) New facilities for industrial activities or expansion of existing facilities by 50 per cent or
more;
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(e) Airports, landing fields, and associated buildings, grading, and drainage work;
(f) Dams with a downstream hazard of "C" classification under ECL Section 15-0503;
(g) Sanitary landfills;
(h) Process, exhaust, and/or ventilation systems emitting air contaminants assigned an
environmental rating of "C" under 6 NYCRR 212 with a total emission rate exceeding
one pound per hour;
(i) Process, exhaust, and/or ventilation systems from which total rate of all air contaminants
exceeds 50 tons per day;
(j) Sewage treatment works having average daily design flow of more than 0.5 mgd;
(k) Any facility, development or project having a potentially adverse impact on any historic
or prehistoric building, structure, or site designated as an historic building, landmark, or
district by the Town Board.
3. Any funding, licensing, permitting, or planning activities by a public agency (exclusive of the
granting of building permits by the Code Enforcement Officer) in respect to specific projects
referred to in the immediately two preceding paragraphs.
4. The construction, alteration, or demolition of non-residential facilities which meet or exceed any
of the thresholds set forth in "a" through "d" below, or the expansion of an existing non-
residential facility by more than fifty per cent (50%) of any such thresholds, provided that the
expansion and the existing facilities, when combined, meet or exceed any threshold contained in
Section V and Part 617:
a) an action which involves the physical alteration of ten (10) acres;
b) an action which would use ground or surface water in excess of 100,000 gallons per day;
c) parking for 100 vehicles; or
d) a facility with more than 25,000 square feet of gross floor area.
5. Any action which takes place in, or within 250 feet of, any Critical Environmental Area
designated by a governmental agency pursuant to Part 617.
6. Any facility, development or project which is to be located in, or within 250 feet of,
(a) A freshwater wetland as defined in ECL Article 24;
(b) An Area of Special Flood Hazard as defined in the Town of Danby's laws relating to
Flood Damage Protection;
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(c) A Wild, Scenic, or Recreational River designated in ECL Article 15, Title 27; or
(d) An Unique Natural Area as suggested by the Tompkins County Environmental
Management Council and adopted as such a protected area by the Town Board.
7. Mining of more than 1,000 tons of minerals removed from the earth within twelve (12)
successive calendar months. The definition of mining and minerals shall be the same as that in
the New York State Mined Land Reclamation Law, being Section 23-2705 (7) and (8) of the
ECL.
8. Any facility, development or project which would generate more than 2,000 vehicle trips per any
eight (8) hour period per day.
SECTION VI. Type II Actions. In addition to those actions listed in Part 617, the following are hereby
designated as Type II actions:
1. The construction or alteration of a single or two-family residence and accessory structures:
a) not in conjunction with the construction or alteration of two or more such residences and,
b) not in, or within 250 feet of, a designated Critical Environmental Area, designated
freshwater wetland, or designated area specially protected by legislation of any local,
county, state or federal governmental body.
2. The extension of water, sewer, gas, electric, telephone, or television cable utility facilities to
serve new or altered single or two-family residential structures or to render service in approved
subdivisions, if not in, or within 250 feet of, an area specified in paragraph 1(b) of this Section
VI.
3. The construction or alteration of a store, office, or restaurant, provided:
a) such use is permitted under any local law, ordinance, rule or regulation,
b) such store, office, or restaurant is designed for a maximum occupancy of twenty (20)
persons or less, and
c) such store, office, or restaurant is not in, or within 250 feet of, an area specified in
paragraph 1(b) of this Section VI.
4. The operation, repair, or maintenance of existing structures, facilities, land uses, and equipment.
5. All tree planting, landscaping, and trimming by the Town of Danby Highway Department.
6. The reconstruction, replacement, or restoration of existing structures, facilities, roadways, and
equipment located on the same site and having the same purpose, including, but not limited to:
a) roadways, shoulders, curbs, ditches, bridges, culverts, and intersection safety devices.
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b) deteriorated or damaged structures, facilities or mechanical equipment which need
reconstruction, replacement or restoration to meet current standards of public health and
safety.
SECTION VII. Types of Actions. Actions may include projects or physical activities which change
the use or appearance of any natural resource or structure or are planning activities of an agency that
commit an agency to a course of further decisions, or agency rules, regulations, procedures and policy
making, or a combination of any of the above actions. Such actions may be classified as:
1. Direct actions - directly undertaken by an agency;
2. Funding actions - involving funding by an agency;
3. Permitting actions - requiring one or more permits from an agency or agencies.
SECTION VIII. Required Forms - Initial Review.
1. All direct actions, funding actions, or permitting actions to be carried out, funded or approved
by any agency, board, body, or officer of the Town shall require the preparation of:
a) an EAF if a Type I action or if an Unlisted Action where a S/EAF would not provide the
lead agency with sufficient information on which to base its determination of significance.
b) a S/EAF for all other Unlisted actions. If any question on Part II of a S/EAF is
answered "Yes", or, if the lead agency or person designated pursuant to Section IV of
this Local Law deems that more detailed information is needed, an EAF is required.
2. All application materials shall be submitted at least fifteen (15) days prior to the meeting of the
lead agency at which the application is scheduled to be heard.
SECTION IX. Lead Agency. The lead agency shall be determined as follows:
1. Action involving one agency. Where a single agency:
a) has proposed to directly undertake an action which does not require funding or approval
of any other agency, or
b) has received an application to fund or approve an action over which no other agencies
have approval authority,
that single agency shall be called the "lead agency", and such final designation of lead agency
shall be made as follows:
i) The Town Board shall be the lead agency with respect to the following: the
adoption, the amendment, or change in any zoning law, ordinance, rule or
regulation governing the use of land and the construction, alteration or
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maintenance of improvements to real property; the amendment or changing of the
Town Zoning Map; the abandonment of a Town highway or highways, or any
portion thereof; the construction or expansion of Town buildings, structures and
facilities within the Town; the purchase, sale or lease of real property by the
Town.
ii) The Zoning Board of Appeals shall be the lead agency with respect to
interpretation of all zoning laws, ordinances, rules or regulations when such
interpretations occur in the course of hearing appeals pursuant to the terms of the
Town's Zoning Ordinance, and shall also be the lead agency with respect to the
granting of variances.
iii) The Planning Board shall be the lead agency with respect to subdivision
approvals, site plan approvals, and special permits.
2. Action involving Multiple Agencies. Where an agency has proposed to directly undertake an
action or has received an application for an action requiring funding or approval by more than
one agency, the agency may conduct an uncoordinated review of the action or the "Lead Agency"
shall be determined in accordance with Part 617.
3. Where the lead agency cannot be determined by application of the above guidelines and all
involved agencies are Town agencies, the Town Board shall designate the lead agency, unless any
provisions of the Environmental Conservation Law, or any rules and regulations adopted by the
Department of Environmental Conservation supersede or prevail in this respect over this Local
Law.
SECTION X. Determination of Environmental Significance.
1. After being duly designated, the lead agency shall make a determination of environmental
significance pursuant to Part 617. All determinations by the lead agency shall be by resolution
duly adopted by the lead agency.
2. Such determination of environmental significance shall be one of the following:
a) Negative Declaration of Environmental Significance. Upon a determination having been
made and filed that the proposed action will not have a significant effect on the
environment, the action shall be processed without further regard to SEQR, Part 617 or
this Local Law.
b) Conditioned Negative Declaration of Environmental Significance. Upon a determination
having been made, filed and published that the action, as initially proposed, may result
in one or more significant adverse environmental effects, but that mitigation measures,
identified and required by the lead agency pursuant to the procedures in Part 617, will
modify the proposed action so that no significant adverse environmental impacts will
result, the action will be processed as a negative declaration; provided, however, that no
comments are received during the public comment period which would require the
submission of a D/EIS pursuant to Part 617. A conditioned negative declaration can only
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be given for an Unlisted Action in which a full EAF has been prepared and coordinated
review has been undertaken.
c) Positive Declaration of Environmental Significance. Upon a determination having been
made and filed that the proposed action may have a significant effect on the environment,
the applicant and all other involved agencies shall be notified in accordance with Part 617
that a D/EIS is required.
SECTION XI. Negative Declaration of Environmental Significance. A Negative Declaration of
Environmental Significance shall be prepared, filed and mailed as prescribed in Part 617.
SECTION XII. Conditioned Negative Declaration of Environmental Significance. A Notice of
Negative Declaration of Environmental Significance shall be prepared, filed and published in the
Environmental Notice Bulletin pursuant to Part 617. The Notice shall state that the conditioned negative
declaration has been issued, what conditions have been imposed and the length of the comment period
established by the lead agency. In no case shall the comment period be less than 30 days.
Notwithstanding the above, a D/EIS shall be prepared if any of the conditions set forth in Part 617
relating to Conditioned Negative Declarations are met within the public comment period.
SECTION XIII. Positive Declaration of Environmental Significance.
1. If the lead agency makes a Positive Declaration of Environmental Significance, thus requiring that
a D/EIS be prepared, the matter shall be processed as provided in Part 617.
2. In the case of an application for approval or funding, the D/EIS shall be prepared by the applicant
or by the agency, at the option of the applicant. The applicant shall notify the agency within 30
days of the filing of the Notice of Positive Declaration as to whether the applicant or the agency
shall prepare the D/EIS. If the applicant does not elect to prepare the D/EIS, the agency shall
prepare it, cause it to be prepared, or terminate its review of the proposed action. Upon receipt
of the D/EIS, the lead agency shall determine by resolution whether to accept the D/EIS as
satisfactory as to scope, form and adequacy.
3. Upon the adoption by the lead agency of a resolution to accept the D/EIS, the lead agency shall
file a Notice of Completion of the D/EIS in accordance with the requirements provided in Part
617.
4. All time limits applicable to the processing of a D/EIS and EIS shall commence to run on the date
of filing of the Notice of Completion of the D/EIS. •
SECTION XIV. Time Limits.
I. An application, shall be deemed received for the purposes of Part 617 when the lead agency has
deemed the application, along with pertinent environmental forms, to be complete.
2. An application for a permit or funding shall be deemed complete insofar as the SEQR process
has been completed when, as is appropriate in each case, one of the following events occurs:
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a) The action has been determined to be Exempt, Excluded, or a Type II action.
b) A Negative Declaration of Environmental Significance has been issued and such
declaration has been filed pursuant to Part 617, if required.
c) A Conditioned Negative Declaration of Environmental Significance has been issued and
such declaration has been duly filed and published pursuant to Part 617; provided that
no comments have been received within the comment period which would require the
submission of a D/EIS pursuant to Part 617.
d) A written findings statement on a final EIS has been approved and filed pursuant to Part
617, except that the lead agency may, in its sole discretion, determine that an application
for funding or approval shall be deemed complete upon the acceptance by the lead agency
of a D/EIS as to scope, form and adequacy.
SECTION XV. Public Hearings. Public Hearings on the D/EIS shall be held concurrently with any
hearings required to be held by other involved agencies to the fullest extent practicable.
SECTION XVI. Fees. The fees for review or preparation of an EIS (including a D/EIS and final EIS)
involving an application for approval or funding of an action shall be determined by the lead agency for
each such application. The fees shall be based on the actual cost to the Town for reviewing or preparing
the EIS, including the cost of hiring consultants, the salary time of Town employees and actual
disbursements incurred as a result of the review or preparation of the EIS, but in no event shall the fees
be greater than that permitted in Part 617. The applicant shall pay such fees. At the option of the Town,
the Town may request a deposit from the applicant in an amount equal to the reasonable estimate to
accomplish such review and/or preparation which shall be paid by an applicant before the application shall
be deemed complete and before the Town commences its review and/or preparation.
SECTION XVII. Critical Environmental Areas. Critical areas of environmental concern may be
designated by the Town Board pursuant to Part 617.
SECTION XVIII. Actions involving Federal Agencies. Environmental review of actions involving
a federal agency shall be processed in accordance with the provisions of Part 617 related to same.
SECTION XIX. Superseding Prior Legislation. This local law supersedes those portions of any
previous Town laws, ordinances, or resolutions dealing with the implementation of SEQR in the Town,
except any legislation or resolutions establishing fees if such fee legislation or resolutions provide for fees
higher than set forth in this local law.
SECTION XX. Partial Invalidity. If any part of this local law is found by a court of competent
jurisdiction to be invalid, such finding shall not affect any of the remaining provisions which remaining
provisions shall remain in full force and effect.
SECTION XXI. Effective Date. This Local Law shall take effect immediately upon its filing in the
Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
9