[HISTORY: Adopted by the Board of Trustees of the Village of Greenwood Lake 6-13-1979 by L.L. No. 2-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 96.
Flood damage prevention — See Ch. 118.
Zoning — See Ch. 120.
Subdivision regulations — See Ch. A122.
A. 
Unless the context requires a different meaning, the terms and words in this chapter shall have the same meanings as defined in Article 8 of the Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACTIONS
(1) 
Projects or physical activities, such as construction or other activities, which change the use or appearance of any natural resource or structure.
(2) 
Planning or zoning activities that commit the agency to a course of future decisions.
(3) 
Agency rules, regulations, procedures and policymaking.
(4) 
Combinations of the above.
EAF
An environmental assessment form.
EIS
An environmental impact statement.
ENVIRONMENT
Physical conditions which will be affected by a proposed action, including land, air, water, mineral, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population, concentration, distribution or growth and existing community or neighborhood character.
PART 617
The regulations adopted pursuant to the adoption of SEQR.
[Amended 7-6-1983 by L.L. No. 7-1983]
PHYSICAL ALTERATION
Includes but is not limited to vegetation removal; demolition; stockpiling material; grading or other forms of earthwork; dumping, filling or depositing; paving; construction of buildings, structures or facilities; excavation or trenching; and dredging, flooding or draining.
SEQR
The State Environmental Quality Review Act.
VILLAGE
The Village of Greenwood Lake.
No action, other than an exempt, excluded or Type II action, shall be carried out, funded or approved by any agency, board, body or officer of the Village unless it has complied with SEQR, Part 617, to the extent applicable, and this chapter.
Exempt actions, in addition to those listed in Part 617, include:
A. 
Maintenance or repair involving no substantial changes in an existing structure or facility.
B. 
Enforcement and criminal proceedings.
C. 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
Excluded actions are those undertaken, funded or approved prior to the effective dates set forth in SEQR (November 1978).
A. 
Part 617 provides that additions may be made to Type II actions, provided that the enacting agency has determined that in no case will such additions ever have a significant effect on the environment based on the criteria in Part 617. A Type I action may not be added to the list of Type II actions.
B. 
The following are Type II actions, in addition to those in Part 617:
(1) 
Granting of individual setback and lot line variances in accordance with applicable provisions of Chapter 120, Zoning.
(2) 
Construction and placement of minor accessory buildings or structures in accordance with applicable provisions of Chapter 120, Zoning.
(3) 
Replacement of a facility, in kind, on the same site in accordance with Chapter 120, Zoning, unless such facility meets any of the thresholds for Type I actions.
C. 
Criteria for determination of effect on environment for any action not an excluded, exempt or Type II action are as listed in Part 617, including:
(1) 
A substantial increase in solid waste production or in potential for erosion, flooding or drainage problems or a substantial change in the use or intensity in use of land or other natural resources or in their capacity to support existing uses.
(2) 
Impairment of existing community or neighborhood character or impairment of aesthetic resources or creation of a material conflict with the community's existing plans.
(3) 
Encouraging or attracting of a large number of people to a place or places for more than a few days computed to the number of people who would come to such place absent the action.
(4) 
Conflict with the provisions of Chapter 120, Zoning.
D. 
The significance of a likely consequence should be assessed in connection with:
(1) 
Its setting (i.e., urban or rural).
(2) 
Its probability of occurring.
(3) 
Its duration.
(4) 
Its irreversibility.
(5) 
Its geographic scope.
(6) 
Its magnitude.
Type I actions, most likely to require preparation of an EIS, in addition to those listed in Part 617, are:
A. 
Adoption of a change by the Village Board in the use within a residential district affecting 10 or more acres of the district by authorizing nonresidential use.
B. 
Granting of a zoning change or variance at the request of an applicant for an action that meets or exceeds one or more of the thresholds listed in Subsections C and D.
C. 
Construction of new residential units which meet or exceed the following thresholds:
(1) 
Six units not to be connected at commencement of habitation to a municipal or publicly owned water system, sewerage system or sewerage treatment facility.
(2) 
Twenty-five units to be connected at commencement of habitation to a municipal or publicly owned water system, sewerage system or sewerage treatment facility.
D. 
Construction of nonresidential facilities which meet or exceed any of the thresholds listed in this section or expansion or conversion of existing nonresidential facilities by more than 50% of the thresholds listed in this section, including:
(1) 
A project or action involving the physical alteration of three acres.
(2) 
A project or action which would use water from any source in excess of 20,000 gallons per day.
(3) 
Parking for 30 cars.
(4) 
A facility with more than 15,000 square feet of gross floor area.
E. 
Any project or action which exceeds 25% of any threshold in this section occurring substantially contiguous to public parkland, recreation area or designated open space.
F. 
Any action which takes place substantially contiguous to any critical environmental area.
A. 
Any action other than an exempt, excluded or Type II action originating with any agency shall require notification to the Village Planning Board and Village Board of Trustees. Within 15 days of receipt of such notification:
(1) 
The Village Board of Trustees shall indicate in writing to the Planning Board the intention of the Village Board concerning its opinion and involvement in said action.
(2) 
The Planning Board shall forward to the originating agency a copy of the Village Board's intention and indicate whether the proposed action will have a significant effect on the environment.
(3) 
Determination of the lead agency shall then be according to the applicable provisions of Part 617.
B. 
Any action other than an exempt, excluded or Type I action originating with an applicant shall require a completed application accompanied by an EAF or draft EIS prepared by the applicant to be presented to the Planning Board, with a copy of said application and EAF or draft EIS to be forwarded to the Village Board of Trustees. Within five calendar days of receipt of said application, the Village Board shall proceed in accordance with § 51-7A(1) of this chapter.
A. 
Within 15 days of receipt of said application, the Planning Board shall determine, after consideration of the opinion of the Village Board, the significance of the action and shall indicate to the applicant that:
(1) 
The action may proceed on a no-significance basis (negative declaration) according to the applicable provisions of local laws or other laws governing the action and/or Part 617.10.
(2) 
The action is of a significant nature and shall require procedure according to applicable provisions of Part 617 and this chapter; provided, however, that the applicant shall be responsible for any and all EIS's required.
B. 
Following determination of a significant action, the Planning Board shall follow EIS procedures, Part 617.8; provided, however, that the applicant shall be responsible for preparation of any type of EIS required, and failure of the applicant to prepare the required EIS within the time set by the Planning Board shall be considered abandonment of the application by the applicant.
C. 
All actions must comply with applicable provisions of Chapter 120, Zoning, and Chapter A122, Subdivision Regulations, of the Code of the Village of Greenwood Lake and any other law governing said actions before approval of any action is granted.
The waters of Greenwood Lake shall be considered a critical environmental area.