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HomeMy WebLinkAbout1988 LL 05 - Environmental Review of Actions 1 (Please Use tl►la form for filing your 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. Townof......................... .......................................................»»....,.........».». r_ 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} b 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. Page la 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 i 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; Page It 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, • 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, Page 1c . 5 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 Page ld 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 Page le 9 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. 1j 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 Page if " 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. Page lg (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. Page 2 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 .......................................... Page 3