HomeMy WebLinkAbout1988 LL 05 - Environmental Review of Actions 1
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Townof......................... .......................................................»»....,.........».».
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Local Law No...............5.........................................of the year 19»»8$..
Alocallaw,,..PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE
...ilnae.Nlti..j .... ...I...... »
TOWN OF ITHACA
Be It enacted by the .........................Town Board .............
. ....... ».............................................of the
.... ............ . .........
tn....l t..d,►.u,.cba,) ,
Moof ......................................Ithaca...............................,.............._.......w........................as follows:
Town
SECTION I,. Purpose. The purpose of this Local Law is to
implement, for the Town of Ithaca, the State Environmental
Quality Review Act (0SEQRAr') and the provisions of 6 NYCRR Part
617 as hereinafter defined.
The intent of the State Environmental Quality Review Act 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 Ithaca. It is not the intention of SEQRA and this Local Law
that environmental factors be the sole or, necessarily,
controlling consideration in the decision-making process.
SECTION Il. 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 617.2
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. SEQRA - 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) .
(lf additional space is needed plcnse attnch sheets of the same size as this and number each}
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3. EAF - Full Environmental Assessment Form.
4. S/EAF - Short Environmental Assessment Form.
5. EIS - Environmental Impact Statement.
6. DJEIS - Draft Environmental Impact Statement.
7. Town - the Town of Ithaca.
The following terms shall be defined and have the meaning as set
forth in 6 NYCRR 617.2; "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 6 NYCRR 617.2.
a) Exempt - enforcement proceedings, 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 6 NYCRR
617.13 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 6 NYCRR 617.12, 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 SEQRA review shall terminate in
accordance with 6 NYCRR 617.6 (a) (1) regardless of whether
such action would otherwise meet the definition of a Type I
action.
gection IV. Designated Person or Department. A person or
department of the Town of Ithaca 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.
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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
"Yeses, (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
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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 6 NYCRR 617.12, 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 districts which
result in such change in use applying to a parcel or parcels
of land of ten (10) or more acres in the district or
districts:
a) authorization of industrial or commercial uses within a
residential or agricultural district;
b) authorization of residential uses - within an
agricultural district.
2. The construction of new residential units which meet or
exceed the following thresholds:
a) ten (10) units trot to be connected (at commencement of
habitation) to community or publicly-owned utilities;
b) thirty (30) units to be connected (at the commencement
of habitation) to community or publicly-owned
utilities.
3. 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 6 NYCRR 617.12:
a) an action which involves the physical alteration of ten
(10) acres;
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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.
4. Any action which takes place in, or within 250 feet of, any
Critical Environmental Area designated by a governmental
` agency pursuant to 6 NYCRR 617.4.
5. Any facility, development or project which is to be located
in a designated freshwater wetland.
6. 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 Environmental
Conservation Law.
7. Any facility, development or project which would generate
more than 2,000 vehicle trips per any eight (8) hour period
per day.
8. Any facility, development or project which, when completed,
would generate dual-wheel truck traffic of more than ten
(10) vehicles per any eight (8) hour period per day.
9. Any facility, development or project which would exceed New
York State or Federal Ambient Air Quality standards,
whichever is more restrictive.
10. Any facility, development or project which would exceed New
jYork State or Federal Water Quality standards, whichever is
more restrictive.
11. Abandonment of a Town highway or highways, or any portion
thereof, whether or not such highway or highways is shown on
the Official Town highway Map.
SECTION VI. Type II Actions. In addition to those actions
listed in 6 NYCRR 617.13, 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,
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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,
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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
k structures, facilities, land uses, and equipment.
5. All tree planting, landscaping, and trimming by the Town of
Ithaca 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
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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 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
building, 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, and
the granting of variance or special permits.
iii) The Planning Board shall be the lead agency with
respect to subdivision approvals, site plan
approvals and sign approvals.
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
oWA7,, more than one agency, the agency may conduct an
uncoordinated review of the action or the "Lead Agency"
shall be determined in accordance with 6 NYCRR 617.6 (d) .
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
..�u.. the proposed action will not have a significant effect
on the environment, the action shall be processed
without further regard to SEQRA, 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
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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 6 NYCRR 617.6 (h) (2) . A conditioned negative
declaration can only be given for an Unlisted Action in
which an 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 6 NYCRR
617.10 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 6 NYCRR
617.10 (a) .
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 6 NYCRR 617.6(h) , and
617.10(a) (2) . 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 6 NYCRR 617.6(h) (2) or (3)
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/ESS 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.
wro 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 6 NYCRR 617.10.
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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.
1. An application, shall be deemed received for the purposes of
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" IA,
6 NYCRR 617.6 (a) 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 SEQRA 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 6 NYCRR 617.10.
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 6 NYCRR 617.6 (h) (2) .
d) A written findings statement on a final EIS has been
approved and filed pursuant to 6 NYCRR 617.10, 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 involving an applicant 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
established in 6 NYCRR 617.17.
SECTION XVII. Critical Areas. Critical areas of environmental
concern may be designated by the Town Board pursuant to 6 NYCRR
617.9.
SECTION XVIII. Actions involving Federal Agencies.
Environmental review of actions involving a federal agency shall
be processed in accordance with 6 NYCRR 617.16.
SECTION XIX. 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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(Complete the certification lit the paragraph which upplics to the filing of this local law and strike out Lite
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local 18W annexed hereto,designated as local law No. .....s..........of 19 $..
of thef........Ithaca was duly passed by the Town Board
....................ame........gisl.tive..ody),..........................
ir, . (Nemo of Legislative Body)
11,
on...........A1'x�-..........I ......19....P in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
1 hereby certify that the local law annexed hereto,designatedas local law No.....................of 19........
County
of the City of......................................was dulypassed b the
Town 1 y ( . .
(Nome of Legislative Body)
Village not disapproved
on..................................................19........ and was approved by the ...E.l........ve.....Ghf.,.a...i Ex....ac.......ve...Of....ttca......r.....
repassed after disapproval Eecti
and was deemed duly adopted on........................................................19........, in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No................... of 19..........
County
of the City of......................................was duly passed by the................ ..........................
Town (Nome of Legislative Body)
Village not disapproved
on,..................................................19........ and was approved by the.....,........................-...........--...-...............
repassed after disapproval
Elective GMet Tpxecutive Otfieer
on......................................................................19........ Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on......................................................19........, in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No................... of 19..........
County
ofthe City of...............4......................was duly passed by the................................................................................on
Town (Nome of Legislative Body)
Village not disapproved
......................................................
19........ and was approved by the.........................................................on
repassed after disapproval Elective Chic Exacatire Officer
i 19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...............................I......1. 19........, lit accordance will, the applicable provisions of law.
*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 bady,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
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l.1 (
5. (City local low concerning Charter revision proposed by petition.)
I hereby certify that the local la%v annexed hereto,designated as local law No.....................of 19........
of the City of.........................................................................having been submitted to referendum pursuant to the
provisions of§3z of the Municipal Home Rule Law,oud having received the affirmative vote of a mnjority
of the qualified electors of such city voting thereon at the special election held on..................
general
................19............became operative.
r
G. (County local law concerning adoption of Charter.)
1 I hereby certify that the local law annexed i►ereto,designated as Local Law No.......of 19......of the
County of ......................................... State of New fork, having been submitted to the Electors at the
General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
W 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........... ............... above.
Town's Ovsk M
Date: April 14, 1988
i
_(Seal)
(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
. ..........................
1, 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.
..........
staaature John C. Barney
. .... Town Attorney. ,... ....
....
1Title
Date: a U� b
of.............Ithaca
Town ..........................................
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