[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.
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.
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.
The Mayor and Trustees of the Village of Dobbs Ferry.
The Conservation Advisory Commission of the Village of Dobbs
Ferry.
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.
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.
Any one of the following:
Enforcement of criminal proceedings or the exercise
of prosecutorial discretion in determining whether or not to institute
such proceedings.
Ministerial actions.
Maintenance or repair involving no substantial
changes in existing structure or facility.
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.
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.
Actions which are immediately necessary on a
limited emergency basis for the protection or preservation of life,
health, property or natural resources.
Actions of the Legislature of the State of New
York or of any court.
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
|
Any agency, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
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]
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.
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.
