Village of Dobbs Ferry, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Dobbs Ferry 5-17-1977 by L.L. No. 4-1977.[1]]
GENERAL REFERENCES
Zoning and land use — See Ch. 300.
[1]
Editor's Note: This local law also provided that it would take effect June 1, 1977, as to actions directly undertaken by the Village and September 1, 1977, as to actions for which the Village issues license, permits, certificates or other entitlements.
The title of this chapter shall be the "Environmental Quality Review Law of the Village of Dobbs Ferry."
The purpose of this chapter is to implement the provisions of Article 8 of the Environmental Conservation Law and the regulations of the Department of Environmental Conservation contained in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), as amended from time to time.
No decision to carry out or approve an action (except an exempt action and except an action listed in § 167-5 of this chapter) shall be made by any agency until there has been full compliance with all the requirements of this chapter; provided, however, that nothing herein shall be construed as prohibiting:
A. 
The conducting of contemporaneous environmental, engineering, economic feasibility or other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not commit the agency to approve, commence or engage in such action.
B. 
The granting of any part of an application which relates only to technical specifications and requirements, provided that no such partial approval shall entitle or permit the applicant to commence the action until all requirements of this chapter and Part 617 of Title 6 of NYCRR have been fulfilled.
Unless the context shall otherwise require, the following words and phrases shall, for all purposes of this chapter, have the meanings respectively ascribed in this section. All other words and phrases used in this chapter shall, if defined in Article 8 of the Environmental Conservation Law or in Part 617 of Title 6 of NYCRR, have the meanings ascribed therein, and if not so defined, shall have their ordinary meanings.
AGENCY
The Village of Dobbs Ferry and every officer, employee, department, board, commission or other instrumentality thereof, howsoever denominated, whether elected or appointed, having lawful authority to initiate or approve any action.
APPLICANT
The person initiating a project or activity which in itself constitutes an action or which may require an action at any stage. When the project or activity is initiated by an agency, the "applicant" shall be the officer, employee, department, board, commission or other instrumentality having primary program responsibility for the project or activity, unless the Board of Trustees shall by resolution otherwise direct.
BOARD OF TRUSTEES
The Mayor and Trustees of the Village of Dobbs Ferry.
CONSERVATION ADVISORY COMMISSION
The Conservation Advisory Commission of the Village of Dobbs Ferry.
ENVIRONMENT
The physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth and existing community or neighborhood character.
ENVIRONMENTAL IMPACT STATEMENT
A written document prepared in accordance with Section 8-0109 of the Environmental Conservation Law and Section 617.6 of Part 617 of Title 6 of NYCRR.
EXEMPT ACTION
Any one of the following:
A. 
Enforcement of criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings.
B. 
Ministerial actions.
C. 
Maintenance or repair involving no substantial changes in existing structure or facility.
D. 
With respect to the requirements of Subdivision 2 of Section 8-0109 of Article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under Articles VII and VIII of the Public Service Law and the consideration of, grant or denial of any such certificate.
E. 
Except as set forth in Section 617.5 of Part 617 of Title 6 of NYCRR, actions undertaken or approved prior to the effective date(s) of Article 8 of the Environmental Conservation Law. An action shall be deemed to be undertaken or approved prior to such date(s) if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in, or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
F. 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
G. 
Actions of the Legislature of the State of New York or of any court.
MINISTERIAL ACTION
An action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action. The Board of Trustees hereby finds and declares that the grant or denial of any of the following licenses, permits and certificates and any renewal, extension, modification, suspension or revocation thereof is and shall be deemed a "ministerial action" and is exempt from the provisions of this chapter:
Licenses
Dog
Hunting
Fishing
Bingo
Electrician
Plumber
Taxi business
Taxi driver
Operate and maintain swimming pool
Permits
Building
Canopy
Demolition
Electrical
Festa
Firearms
Handbills
Library use
Parking
Peddling
Plumbing
Scaffolding
Sewer connection
Soliciting
Street opening
Storage of materials
Tennis
Certificates
Certificate of occupancy
PERSON
Any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.
RESPONSIBLE AGENCY
The agency vested with primary responsibility for review and processing of an environmental impact statement pursuant to this chapter and for the coordination with other agencies to avoid duplication and delay. Where the applicant is an agency other than the Conservation Advisory Commission, the responsible agency shall be the Conservation Advisory Commission. Where the applicant is the Conservation Advisory Commission, the responsible agency shall be the Board of Trustees. Where the applicant is a person other than an agency, the responsible agency shall be the Board of Trustees, unless the Board of Trustees shall by resolution otherwise direct either as a rule of general application to all actions of a certain type or class or with respect to any particular action or series of actions. The responsible agency shall consult with the Conservation Advisory Commission at all stages in the implementation of this chapter.[1]
[1]
Editor's Note: See Ch. 300, Zoning and Land Use, Art. V, for provisions concerning the Conservation Advisory Board.
The Board of Trustees hereby finds and declares that the following listed actions or classes of actions do not have a significant effect on the environment and do not require screening statements or environmental impact statements under this chapter:
A. 
Construction or alteration of a single- or two- or three-family residence and accessory appurtenant uses or structures not in conjunction with the construction or alteration of two or more such residences and not in one of the following critical areas:
(1) 
Tidal wetlands as defined in Article 25 of the Environmental Conservation Law (ECL).
(2) 
Freshwater wetlands as defined in Article 24 of the ECL.
(3) 
Floodplains as defined in Article 36 of the ECL.
(4) 
Wild, scenic and recreational river areas designated in Title 27 of Article 15 of the ECL.
(5) 
Critical environmental areas, as defined in Section 617.4(h) of Title 6 of NYCRR.
[Added 11-7-1995 by L.L. No. 5-1995]
(6) 
Environmentally sensitive areas or lands, as defined in § 300-14.
[Added 11-7-1995 by L.L. No. 5-1995]
(7) 
Coastal zone management areas.
[Added 11-7-1995 by L.L. No. 5-1995]
B. 
The extension of utility facilities to serve new or altered single- or two-family or three-family residential structures or to render service in approved subdivisions, except those located in Subsection A above.
[Amended 11-7-1995 by L.L. No. 5-1995]
C. 
Construction or alteration of a store, office or restaurant designed for an occupant load of 20 persons or less if not in conjunction with the construction or alteration of two or more stores, offices or restaurants and if not in one of the critical areas described in Subsection A(1), (2), (3), (4), (5), (6) and (7) of this section, and the construction of utility facilities to serve such establishments.
D. 
Actions involving individual setback and lot line variance and the like.
E. 
Agricultural farm management practice, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming.
F. 
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
G. 
Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 25% of its existing size, square footage or usage.
H. 
Repaving of existing highways not involving the addition of new travel lanes.
I. 
Street openings for the purpose of repair or maintenance of existing utility facilities.
J. 
Installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches.
K. 
Mapping of existing roads, streets, highways, uses, ownership patterns and the like.
L. 
Regulatory activities not involving construction or changed land use relating to one individual business, institution or facilities, such as inspections, testing, operating certification or licensing and the like.
M. 
Sales of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
N. 
Collective bargaining activities.
O. 
Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities.
P. 
Investment by or on behalf of agencies or pension or retirement systems.
Q. 
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
R. 
Routine administration and management of agency functioning not including new programs or major reordering of priorities.
S. 
Routine license and permit renewals where there is no significant change in preexisting conditions.
T. 
Routine activities of educational institutions which do not include capital construction.
A. 
For the purpose of assisting in the determination of whether an action (except an exempt action and except an action listed in § 167-5 of this chapter) may or will not have a significant effect on the environment, applicants shall file a written statement with the Village Clerk setting forth the name of the applicant; the location of the real property affected, if any; a description of the nature of the proposed action; and the effect it may have on the environment. In addition, applicants may include a detailed statement of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. The statement and 15 copies shall be filed prior to or simultaneously with the application, shall be upon a form prescribed by resolution of the Board of Trustees and shall contain such additional relevant information as shall be required in the prescribed form. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Conservation Advisory Commission.
B. 
The screening statement may consist of the short environmental assessment form for unlisted actions only. In the case of a Type I action, the screening statement shall consist of the full environmental assessment form, together with the visual addendum, if deemed appropriate. Actions which would otherwise be characterized as unlisted shall be Type I actions if located in or substantially contiguous to critical environmental areas, environmentally sensitive areas or lands or coastal zone management areas.
[Added 11-7-1995 by L.L. No. 5-1995]
Upon receipt of a complete application and screening statement from the Village Clerk, the Conservation Advisory Commission shall cause a notice thereof to be posted on a signboard, if any, of the Village and may also cause such notice to be published in the official newspaper of the Village, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Conservation Advisory Commission (CAC) no later than a date specified in such notice.
A. 
The CAC shall, within 15 days following receipt of an application and screening statement (provided, however, that such period may be extended by mutual agreement of the applicant and the CAC), submit a written recommendation to the lead agency which will make the determination of effect. The recommendation shall state whether such proposed action will or will not have a significant effect on the environment. The CAC may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making its recommendation.
[Amended 11-7-1995 by L.L. No. 5-1995]
B. 
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the Village.
Application for a determination under this chapter shall be accompanied by a reasonable fee as determined by resolution of the Board of Trustees to defray the expenses incurred in rendering such determination.
[1]
Editor's Note: See Ch. 175, Fees.
If the CAC determines that the proposed action will not have a significant effect on the environment, the CAC shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR and transmit the same to the responsible agency, and thereafter the proposed action may be processed without further regard to this chapter. If the CAC determines that the proposed action may have a significant effect on the environment, the CAC shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR and transmit the same to the responsible agency, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of NYCRR.
Following a determination that a proposed action may have a significant effect on the environment, the responsible agency shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR, immediately notify the applicant of the determination and shall direct the applicant to prepare an environmental impact report in the form of a draft environmental impact statement with 15 copies. If the applicant decides not to submit a draft environmental impact statement, the processing of the application will cease and no approval will be issued. The responsible agency shall require an applicant to pay a fee to defray the expense of reviewing a draft environmental impact statement. Such fee shall be determined by resolution of the Board of Trustees.
Upon completion of a draft environmental impact statement, a notice of completion containing the information specified in Section 617.7(d) of Title 6 of NYCRR shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of NYCRR. In addition, it shall be published in the official newspaper of the Village, and a copy thereof shall also be posted on a signboard of the Village. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of NYCRR and shall be provided to the CAC.
If the responsible agency determines to hold a public hearing on a draft environmental impact statement, or if the applicant, the CAC or 10 or more property owners or residents within the Village request such a hearing, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official newspaper of the Village at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence no less than 15 calendar days nor more than 60 calendar days after the filing of the draft environmental impact statement, except as otherwise provided where a responsible agency determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law.
If on the basis of a draft environmental impact statement or a public hearing thereon the responsible agency determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter.
Except as otherwise provided herein, the responsible agency shall direct the applicant to prepare a final environmental impact statement with 15 copies in accordance with the provisions of Part 617 of Title 6 of NYCRR. Such final environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, the responsible agency may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Such final environmental impact statement shall be accompanied by a fee specified to defray the expenses of preparing and/or evaluating same. The fee shall be determined by resolution of the Board of Trustees.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 167-12 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
No decision to carry out or approve an action which has been the subject of a final environmental impact statement shall be made until after the filing and consideration of the final environmental impact statement. Such consideration shall be made in consultation with the CAC. The responsible agency shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement or within the time limits set by law for the particular type of action.
When the responsible agency decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
A. 
Consistent with social, economic and other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact statements; and
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.
For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of NYCRR.
The Village shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations.
Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR shall be followed.
Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of NYCRR; provided, however, that if, after such dates, an agency modifies an action undertaken or approved prior to that date and the CAC determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR.