Pursuant to Article 8 of the New York State Environmental Conservation
Law providing for environmental quality review of actions which may
have a significant effect on the environment, the Town Board of the
Town of Lewisboro, State of New York, hereby enacts the following.
This chapter shall be known and may be cited as the "Environmental
Quality Review Law of the Town of Lewisboro."
It is the intent of the Town Board that:
A. Environmental factors be incorporated into the existing planning
and decision-making processes of all Town agencies.
B. All agencies shall conduct their affairs with an awareness that they
are stewards of the air, water, land and living resources and that
they have an obligation to protect the environment for the use and
enjoyment of this and all future generations.
C. Protection of the environment and enhancement of human and community
resources shall be given appropriate weight along with social and
economic considerations, and all these factors shall be considered
together in reaching decisions on proposed actions. A suitable balance
of social, economic and environmental factors shall be incorporated
in the planning and decision-making of all agencies.
D. The processes set forth in this chapter shall as far as possible
be integrated into existing agency procedures and shall not result
in undue delays in agency planning and decision-making.
As used in this chapter, the following terms, phrases, words
and their derivatives shall have the meanings given herein:
ACTION
Any activity of any agency, except an exempt action as defined
in this section, including, without limitation:
A.
Physical activities such as construction, destruction, or other
activities, including the approval thereof, which change the use or
appearance of any natural resource or structure.
B.
Funding activities such as the proposing, approval or disapproval
of contracts, grants, subsidies, loans, tax abatements or exemptions
or other forms of direct or indirect financial assistance.
C.
Licensing activities such as the proposing, approval or disapproval
of a lease, permit, license, certificate or other entitlement for
use or permission to act.
D.
Planning activities such as site selection for other activities
and the proposing, approval or disapproval of master or long-range
plans, zoning maps and ordinances, development plans or other plans
designed to provide a program for future activities.
E.
Policy-making activities such as the making, modification, repeal
or establishment of rules, regulations, procedures, policies and guidelines.
AGENCY
Any Town department, official, officer, employee, board,
agency, commission, council, district, public benefit corporation
or public authority, including the Town Board, which is determined
to be conducting an action or is responsible for an action as hereinbefore
defined.
DEIS
Draft environmental impact statement.
EIS
Environmental impact statement.
ENVIRONMENT
The physical conditions which will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
features of historic or aesthetic significance, existing patterns
of population concentration, distribution or growth and existing community
or neighborhood character.
ENVIRONMENTAL ASSESSMENT FORM
A form used to determine whether an action is likely to have
a significant effect on the environment and, if so, to determine the
primary areas to be analyzed in the DEIS.
ENVIRONMENTAL IMPACT STATEMENT
A detailed statement setting forth the matters specified in §
110-7 herein. It includes any comments on a draft environmental impact statement which are received pursuant to §
110-9D and
E herein, and the agency's response to such comments, to the extent that such comments raise issues not adequately resolved in the draft environmental impact statement.
LEAD AGENCY
Where several agencies are involved in an action, that agency
primarily responsible for preparation of the environmental impact
statement.
OFFICIAL NEWSPAPER
That newspaper formally designated by the Town Board as the
official newspaper or, if none, a newspaper of general circulation
within the Town.
PERSON
Any person, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
PHYSICAL ALTERATION
Includes but is not limited to the following activities:
vegetation removal; demolition; stockpiling materials; grading and
other forms of earthwork; dumping; filling or depositing; excavation
or trenching; dredging; flooding or draining; paving; construction
of buildings or structures.
SEQR
The State Environmental Quality Review Act, Article 8 of
the New York State Environmental Conservation Law.
To simplify the task of determining whether or not a proposed
action may have a significant effect on the environment, actions are
divided into three classes: Type I, Type II and unlisted.
A. Type I actions or classes of actions are likely to, but will not necessarily, require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment. For all individual actions which are Type I, the determination of significance must be made comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in Subsection
C. Type I actions are listed in §
110-15 herein.
B. Type II actions or classes of actions have been determined not to have a significant effect on the environment and do not require environmental impact statements. Type II actions are listed in §
110-15 herein.
C. Unlisted actions.
(1) Unlisted actions or classes of actions are actions which are neither
Type I nor Type II and which may have a significant effect on the
environment if they can reasonably be expected, by the agency, to
lead to one of the following consequences:
(a)
A substantial adverse change to ambient air or water quality
or noise levels or in solid waste production, drainage, erosion or
flooding.
(b)
The removal or destruction of large quantities of flora or fauna,
substantial interference with the movement of any resident or migratory
fish or wildlife species, impacts on critical habitat areas or the
substantial affecting of a rare or endangered species of animal or
plant or the habitat of such a species.
(c)
The encouragement or attraction of a large number of people
to a place or places for more than a few days relative to the number
of people who would come to such place absent the action.
(d)
The creation of a material conflict with a community's
existing plans or goals as officially approved or adopted.
(e)
The impairment of the character or quality of important historical,
archaeological, architectural or aesthetic resources or of the existing
community or neighborhood character.
(f)
A substantial change in the use of either the quantity or type
of energy.
(g)
The creation of a hazard to human health or safety.
(h)
A substantial change in the use or intensity of use of land
or other natural resources or in the capacity of land or other natural
resources to support uses.
(i)
The creation of a material demand for other actions which would
result in one of the above consequences.
(j)
Changes in two or more elements of the environment, no one of
which is substantial but, when taken together, result in a material
change in the environment.
(2) For the purpose of determining whether an action will cause one of
the foregoing consequences, the action shall be deemed to include
other contemporaneous or subsequent actions which:
(a)
Are included in any long-range comprehensive integrated plan
of which the action under consideration is a part;
(b)
Are likely to be undertaken as a result thereof; or
(3) The significance of a likely consequence should be assessed in connection
with its setting, its probability of occurrence, its duration, its
irreversibility, its controllability, its geographic scope and its
magnitude.
(4) Environmental assessment forms may be used in whole or in part by
an agency to aid in determining whether or not an unlisted action
will have a significant effect on the environment.
Action undertaken or approved or on which substantial work has
been undertaken prior to the effective dates of this chapter shall
be exempt actions; provided, however, that if after such dates an
agency modified an action undertaken or approved prior to that date
and the agency determines that the modification may have a significant
effect on the environment, such modification shall be an action subject
to this chapter.
The agency shall maintain files, which shall be open for public
inspection, of all determinations of need, notices of completion,
draft and final EIS, written comments, minutes of the public hearings
and the written determinations resulting therefrom and all other applications.
As provided by § 8-0117 of Article 8 of the Environmental
Conservation Law, the provisions of this chapter shall take effect
June 1, 1977, as pertains to actions directly undertaken by agencies,
and shall take effect September 1, 1977, as pertains to actions requiring
permits or other approvals from agencies.
Actions shall be classified as follows:
A. Type I actions:
(1) The adoption of a Town Development Plan, a comprehensive Zoning Ordinance
or a comprehensive Resource Management Plan.
(2) The following changes in the allowable uses within any zoning district,
affecting 10 or more acres of the district:
(a)
Authorizing industrial or commercial uses within a residential
or agricultural district.
(b)
Authorizing residential uses within an agricultural district.
(3) The granting of a zoning change for an action that meets or exceeds
one or more of the limits given in other sections of this list.
(4) The acquisition, sale, lease or other transfer of 100 or more contiguous
acres of land by a state or local agency.
(5) Construction of 50 or more residential dwelling units.
(6) Construction of new nonresidential facilities which meet or exceed
any of the following limits; or the expansion of existing nonresidential
facilities by more than 50% of any of the following limits, provided
that the expansion and the existing facilities, when combined, meet
or exceed any limit contained in this section:
(a)
A project or action which involves the physical alteration of
10 acres.
(b)
A project or action whose design use of ground or surface water
is in excess of 50,000 gallons per day.
(c)
Parking for 300 vehicles.
(d)
A facility with more than 100,000 square feet of gross floor
area.
(7) Any nonagricultural use occurring wholly or partially within an agricultural
district (certified pursuant to Agriculture and Markets Law Article
25-AA, § 303) which exceeds 10% of any threshold established
in this section.
(8) Any action (unless the action is designed for the preservation of
the facility or site) occurring wholly or partially within or contiguous
to any facility or site listed on the National Register of Historic
Places, or any building, structure or site that has been proposed
by the Committee on the Registers for consideration by the New York
State Board on Historic Preservation for a recommendation to the State
Historic Officer for nomination for inclusion in said National Register.
(9) Any project or action which exceeds 25% of any limit in this section,
occurring wholly or partially within or substantially contiguous to
any publicly owned or operated parkland or recreation area or designated
open space.
B. Type II actions:
(1) Construction or alteration of four or fewer single- or two-family
residences and accessory appurtenant uses or structures if not in
conjunction with the construction or alteration of a total of more
than four such residences and if not in a wetland, as defined in the
Wetlands Law of the Town of Lewisboro, or on a slope exceeding a grade of 15%.
(2) The extension of utility facilities to serve new or altered single-
or two-family residential structures or to render service in approved
subdivisions.
(3) Construction or alteration of a store, office or restaurant designed
for an occupant load of 200 persons or fewer, and the construction
of utility facilities to serve such establishments, if not in conjunction
with the construction or alteration of two or more stores, offices
or restaurants and if not in a wetland, as defined in the Wetlands
Law of the Town of Lewisboro, or on a slope exceeding a grade of 15%.
(4) The granting of individual setback and lot line variances and the
like.
(5) Agricultural farm management practices, including construction, maintenance
and repair of farm buildings and structures and land use changes consistent
with generally accepted principles of farming.
(6) Operation, repair, maintenance or minor alteration of existing structures,
land uses and equipment.
(7) Restoration or reconstruction of an existing structure which increases
existing overall size, square footage and usage by less than 50%.
(8) Reconditioning, repair, preservation and repaving of existing highways
not involving the addition of new travel lanes.
(9) Street openings for the purpose of repair or maintenance of existing
utility facilities.
(10)
Installation of traffic control devices on existing streets,
roads and highways other than multiple fixtures on long stretches.
(11)
Mapping of existing roads, street, highways, uses, ownership
patterns and the like.
(12)
Sales of surplus government property other than land, radioactive
material, pesticides, herbicides or other hazardous materials.
(13)
Collective bargaining activities.
(14)
Investments by or on behalf of agencies or pension or retirement
systems.
(15)
Actions which are immediately necessary for the protection or
preservation of life, health, property or natural resources.
(16)
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities.
(17)
Routine activities of educational institutions which do not
include capital construction.
(18)
Snow and ice control, including plowing, the application of
salt, sand, cinders, gravel, dirt or similar substances or any combination
thereof, to paved or other road surfaces.
(19)
Replacement of a facility, in kind, on the same site unless
such facility meets any of the thresholds in the Type I list.
(20)
Public or private forest management practices other than the
removal of trees or the application of herbicides or pesticides.
(21)
Construction or placement of minor structures accessory or appurtenant
to existing facilities, including garages, carports, patios, home
swimming pools, fences, barns or other buildings not changing land
use or population density.
(22)
Maintenance of existing landscaping or natural growth.
(23)
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession.
(24)
Pure information collection, including basic data collection
and research, Master Plan study components, water quality and pollution
studies, traffic counts, engineering studies, boring studies, surveys
and soil studies.
(25)
Minor temporary uses of land having negligible or no permanent
effect on the environment.
C. Exempt actions:
(1) Enforcement or criminal proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings.
(2) Ministerial actions, which are actions performed upon a given state
of facts in a prescribed manner imposed by law without the exercise
of any judgement or discretion as to the propriety of the action,
such as the grant of a driver's license, although such law may
require in some degree, a construction of its language or intent.
(3) Maintenance or repair of an existing structure or facility.
(4) 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.
(5) Except as set forth in §
110-11 herein, Actions undertaken or approved prior to effective date of regulations, an action shall be deemed to be undertaken or given final approval prior to such date 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; in the case of a subdivision of land, conditional approval of a preliminary or final plat has been given; in the case of a site plan, special permit use, or variance, approval with or without conditions has been given; and in the case of all other such actions requiring a permit or authorization from an agency, each such permit or authorization has been granted.
(6) Actions which are immediately necessary on a limited emergency basis
for the protection or preservation of life, health, property or natural
resources.
D. Unlisted actions: all actions not included in one of the above categories.