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HomeMy WebLinkAbout1980 LL 03 - 1980 Environmental Review of Action in TOI LOCAL LAW NO. 3, 1980 A LOCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN OF ITHACA I. Purpose The purpose of this Local Law is to implement,for the Town of Ithaca, the State Environmental Quality Review Act ("SEQR") 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 environ- mental considerations into the local decision-making process at the earliest possible time 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 process of the Town of Ithaca. 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. II. Definitions A. The words used in this Local Law shall have the same meaning as such words are defined in Article 8 of the Environmental Conserva- tion Law and 6 NYCRR Part 617.2 as the samemay be amended from time to time, unless the context requires a different meaning. B. 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 - Environmental Assessment Form. 4. SIEAF - Short Environmental Assessment Form. S. EIS - Environmental Impact Statement. 6. D/EIS 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: "action"; "Exempt Action"; "Excluded Action"' "Type I Action"; "Type II Action"; "Unlisted Action"; and "Lead Action"; "Critical Environmental Area." III. Classification of Actions A. All actions may be classified as set forth in (a) through (e) , below, and are defined in 6NYCRR 617.2. a. Exempt - enforcement proceedings, ministerial acts, maintenance and repair; b. Excluded approved prior to November 1, 1978; C. Type II actions which have been determined not to have a significant effect on the environment; d. Type I - actions which are most likely to require pre- paration of an Environmental Impact Statement; e. Unlisted - not otherwise listed but which require en- vironmental significiance to be determined; B. A person or department of the Town of Ithaca designated by the Town Board shall: a. Determine whether the proposed action is (1) exempt (2) Excluded, or (3) Type 11 using the strictest interpretation of Part 617 and this Local Law. Where any doubts exists, such determination shall be referred to the lead agency as designated under the provisions of Section VII of this Local Law and to the Town Board in all other cases. b. Aid in designating lead agency or to make recommendations therefor. C. Designate the lead agency where only one agency is involved in the funding or approval process. d. Perform preliminary review of all applications, EAF, S/EAF, blEIS, EIS and supporting documents to determine probable sufficiency as to scope, form and content. e. Require that applicant complete EAF if any question on S/Eaf has been answered "Yes" or if scope of proposal requires more detail. Aid applicant with any questions concerning forms or environmental review process. f. Determine whether application including all pertinent environmental documents are completel forward to the appropriate Town lead agancy with a recommendation concerning environmental significance within a reasonable time to allow for review at the next regularly scheduled Town lead agency meeting. g. Assist agencies and applicants to identify other agencies including federal and state that may be involved in the approving, funding or carrying out Type I and Unlisted Actions. The burden for determining other involved agencies shall nevertheless rest solely on the applicant. IV. 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 cahnges in the uses are allowed by local/"-',, law, ordinance, rule, regulations, special permit, variance or other wise, within any zoning district which result in such change in use applying to a parcel or parcels of land of ten (10) or more acres in the district: 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 not 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 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 ex- ceed any threshold contained in section IV and 6 NYCRR 1617.12: a. a project which involves the physical alteration of ten (10) acres. b. a project or action which would use ground or surface water in excess of 100,000 gallons per day. c. parking for 100 vehicles. d. a facility with more than 25,000 square feet of gross floor area. 4. Any antion which takes place wholly or partially within or substantially contiguous to any Critical Environmental Area desig- nated by a local agency pursuant to 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 of the New York State Mined Land Reclamation Law, Section 420.1 (J) and (K) . 7. Any facility 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) vehi- cles 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 York State or Federal Water Quality standards, whichever is more re- strictive. 11. Abandonment of a town highway or highways, or any portion therof, whether or not such highway or highways is shown on the official Town Highway Map. V. Type II Actions In addition to those actions listed in 6 NYCRR 617.12, the following are hereby designated as Type II actions: 1. The construction or alteration of a single or two family residence and accesory structures not in conjunction with the con- ctruction or alteration of two or more such residences and not in a designated Critical Environmental Area, freshwater wetland, or other specially protected area. 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, in an area other than a designated Critical Environmental Area, freshwater wetland, other specially protected area. 3. The construction or alteration of a sto re, office, or restau- rant, provided such use is permitted, under any local law, ordinance, rule or regulation, which is designated for a maximum occupancy of twenty (20) persons or less, if not in a designated Critical Environ- mental Area, freshwater wetland or other specially protected area. 4. The operation, repair, or maintenance of existing structures, facilities, land uses, and equipment. 5. All tree planting, landscaping, and trimming by 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, bridges, culverts, and intersection safety devices. b. deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. VI. Required Forms - Initial Review 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 may be such actions clas- sified as: Direct actions directly undertaken by an agency. Funding actions involving funding by an agency. Permitting actions - requiring one or more permits from an agency or agencies. a. Direct Actions; All direct actions to be carried out by an agency, board, body, or officer of the Town shall require the preparation by the Town of (1) an EAF if Type I action. (2) a S/EAF if Unlisted action. If any question on a S/EAF is answered "Yes", an EAF is required. b. Funding Actions: All actions which involve funding by an agency shall require the preparation of (1) an EAF if Type I action. (2) a S/EAF if Unlisted action. If any question on a S/EAF is answered "Yes", an EAF shall be required. c. Permitting Actions: All permitting actions shall require the preparation of (1) an EAF if Type I action. (2) a S/AEF if Unlisted action. If any question on a S/EAF is answered "Yes", or, if the reviewer deems that more detailed information is needed, an EAF shall be required. VII. Lead Agency Lead Agency shall be determined as follows a. 9. Action involving one Agency: Where a single agency (1) has proposed to directly undertake an action which does not require funding or approval of any other agency, or (2) has received an application to fund or approve an action over which no other agencies have approved authority, that single agency shall be called "Lead Agency", and such final de- signation of lead agency shall be made as follows: a. 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 prop- erty; the amendment or changing of the Town Zoning Map; the abandon- ment of a Town highway or highways, or any portion thereof; the con- struction or expansion of Town buildings, structures and facilities within the Town; the purchase, sale or leaseof real property by the Town. b. The Zoning Board of Appeals.shall be lead .agency with respect to interpretation of all Zoning laws, ordinances, rules or regulations, and the granting of variance or special permits. C. The Planning Board shall be the lead agency with respect to subdivision approvals, site plan approvals and sign approvals. b. Actions 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 "lead agency" shall be determined in accordance with 6 NYCRR 617.6 (6) . C. Where the Town lead agency cannot be determined by application of the above guidelines, the Town Board shall designate the lead agency, unless any provisions of the Environmental Conservation Law, or z_ny rules and regulations adopted by the Department of Environmental Con- servation supersede or prevail in this respect over this local law. VIII. Determination of Environmental Significance a. After being duly designated, the lead agency shall make all determinations of environmental significance. Such determination is to be made at the next regularly scheduled lead agency meeting fol- lowing the receipt by it, of the required environmental forms and all other required documents completely executed, and provided that suf- ficient copies for each agency member are received by the lead agency at least fifteen calendar days before such meeting. Nothing contained herein shall preclude the lead agency from adjourning the meeting from time to time. All determinations by the lead agency shall be by resolution duly adopted by the lead agency. b. Such determination of environmental significance shall be one of the following: (1) 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 Enviornment, the action shall be pro- cessed without further regard to SEAR, Part 617 or this Local Law. (2) Positive Declaration of Enviornmental 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 ac- cordance with 6 NYCRR 617.10 (c) that a D/EIS is required. IX Negative Declaration of Environmental Significance a. A Negative Declaration of Environmental Significance shall be prepared, filed and mailed as follows: (1) For Type I actions - as prescribed by 6 NYCRR 617.10 (b) . (2) For Unlisted actions - (a) involving one agency - as prescribed by 6 NYCRR 617.7 (e) (2) . (b) involving multiple agencies - as prescribed by 6 NYCRR 617.7. b. Negative Declarations of Environmental Significance Based on Mitigation Measures. Notwithstanding the prior issuance of a Positive Declaration of Environmental Significance by the lead agency, the lead agency may thereafter at any stage of the proceedings examine the proposed measures to mitigate such significance, and on the basis of such measures, make a determination that although the project could have a significant effect on the environment, there will not be a signif- icant effect in this case because mitigation measures have been in- cluded as part of the project. X. Positive Declaration of Environmental Significance a. If the lead agency makes a Positive Declaration of Environ- mental Significance, thus requiring that a D/EIS be prepared, the matter shall be processed as provided in 6 NYCRR 617.8, 617.9, and 617.10. b. In the case of an application for approval or funding, the D/EIS shall be prepared by the applicant. 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. c. 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. d. 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.