City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Yonkers 4-26-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
A. 
It is the purpose of this chapter:
(1) 
To declare a local policy which will encourage productive and enjoyable harmony between people and the environment.
(2) 
To promote efforts which will prevent, eliminate or reduce damage to the environment and enhance human and community resources.
(3) 
To enrich the understanding of the ecological systems, natural and human, and community resources important to the people of the City.
B. 
It is the intent of this chapter that all agencies conduct their affairs with an awareness that they are guardians 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. 
In the event of an inconsistency or conflict between this chapter and any state regulations implementing the State Environmental Quality Review Act,[1] then the state regulations shall govern.[2]
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
[2]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the following meanings:
ACTION
Any activity of an agency, except an exempt action as defined in this section, including, without limitation:
A. 
Physical activities, such as construction or other activities which change the use or appearance of any natural resource or a 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 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 or other land use, maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities.
E. 
Policymaking activities, such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines.
AGENCY
Any city department, agency, board, public benefit corporation, City Council, public authority or commission.
APPLICANT
Any person making an application or other request for agency action.
CITY
The City of Yonkers, New York.
COMMISSIONER
The Commissioner of Planning and Development.[1]
DEPARTMENT
The Department of Planning and Development.[2]
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, existing community or neighborhood character and aesthetics.
ENVIRONMENTAL IMPACT STATEMENT
A written document prepared in accordance with §§ 48-10 and 48-13 of this chapter. An "environmental impact statement" may either be a draft or be final.
EXEMPT ACTION
Any one of the following:
A. 
Enforcement or 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 the existing structure of the facility.
D. 
With respect to the requirement of Subdivision 2 of § 8-0109 of Article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under Articles 7 and 8 of the Public Service Law and the consideration of, grant or denial of any such certificate.
E. 
Except as set forth in § 48-19 of this chapter, actions undertaken or approved prior to the effective date(s) of Article 8 of the Environmental Conservation Law; and 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.
FINAL APPROVAL
Where applicable:
[Added 10-11-1977 by L.L. No. 10-1977]
A. 
An approval of a preliminary subdivision plat by the Planning Bureau, with or without modifications.
B. 
An approval of a site plan, special exception use, variance or similar authorization, with or without conditions or modifications, by the City Council, Zoning Board of Appeals or Planning Bureau.
C. 
The granting of a city permit or authorization.
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, such as the grant of a driver's license, although such law may require, in some degree, a construction of its language or intent.
PERSON
Any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.
PLANNING BUREAU
The Planning Bureau of the City of Yonkers, New York, and/or the Planning Board.
TYPICAL ASSOCIATED ENVIRONMENTAL EFFECTS
Changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles. For example, the diminution of a predator population is typically associated with the increase in a prey population.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
No decision to carry out or approve an action other than an action listed in § 48-4B hereof shall be made by the City Council or by any department, board, commission, officer or employee of the City until there has been full compliance with all 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 does not commit the City 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 the New York Codes, Rules and Regulations have been fulfilled.
For the purpose of assisting applicants in determining whether or not their proposed action is subject to this chapter:
A. 
The following actions, Type I, and similar type actions are likely to have a significant effect on the environment and are likely to require an environmental review statement:
(1) 
Construction of new or expansion by more than 30% of existing size, square footage or usage of existing:
(a) 
Airports, heliports or stolports.
(b) 
Public institutions, such as hospitals, schools and institutions of higher learning, correction facilities and major office centers.
(c) 
Road or highway sections, including bridges, which require an indirect source permit under 6 NYCRR 203.
(d) 
Parking facilities or other facilities with an associated parking area for 250 or more cars, only if such facility would require an indirect source permit under 6 NYCRR 203.
(e) 
Dams with a downstream hazard of C classification under the Environmental Conservation Law (ECL) § 15-0503.
(f) 
Stationary combustion installations operating at a total hearing input exceeding 1,000,000,000 BTU's per hour.
(g) 
Chemical pulp mills.
(h) 
Portland cement plants.
(i) 
Iron and steel plants.
(j) 
Primary aluminum ore reduction plants.
(k) 
Incinerators operating at a refuse charging rate exceeding 250 tons of refuse per twenty-four-hour day.
(l) 
Sulfuric acid plants.
(m) 
Petroleum refineries.
(n) 
Lime plants.
(o) 
By-product coke manufacturing plants.
(p) 
Storage facilities designed for or capable of storing 1,000,000 or more gallons of liquid natural gas, liquid petroleum gas or other liquid fuels.
(q) 
Sulfur recovery plants.
(r) 
Fuel conversion plants.
(s) 
Electric power district stations.
(t) 
Process, exhaust and/or ventilation systems emitting air contaminants assigned an environmental rating of A under 6 NYCRR 212 and whose total emission rate of such A contaminants exceeds one pound per hour.
(u) 
Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds 50 tons per day.
(v) 
Sanitary landfills for an excess of 100,000 cubic yards per year of waste fill.
(w) 
Any facility, development or project which is to be directly located in one of the following critical areas:
[1] 
Tidal wetlands, as defined in Article 25 of the Environmental Conservation Law.
[2] 
Freshwater wetlands, as defined in Article 24 of the Environmental Conservation Law.
[3] 
Floodplains, as defined in Article 36 of the Environmental Conservation Law.
[4] 
Wild, scenic and recreational river areas designated in Title 27 of Article 15 of the Environmental Conservation Law.
[5] 
Within 500 feet of the Hudson River waterline.
(x) 
Any facility, development or project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places or in the Statewide Inventory of Historical and Cultural Resources.
(y) 
Any facility, development or project which would generate more than 5,000 vehicle trips per any hour or more than 25,000 vehicle trips per eight-hour period.
(z) 
Any facility, development or project which would use ground- or surface water in excess of 2,000,000 gallons in any day.
(aa) 
Any industrial facility which has a yearly average discharge flow, based on days of discharge, of greater than 0.5 million gallons per day.
(ab) 
Any publicly or privately owned sewage treatment works which has an average daily design flow of more than 0.5 million gallons per day.
(ac) 
Any residential development of 50 units or more in an unsewered area or 250 or more units in a sewered area.
(ad) 
Steel or concrete towers carrying electric transmission lines.
(2) 
Any funding, licensing or planning activities in respect to any of the types of construction listed in Subsection A(1) above.
(3) 
Application of pesticides or herbicides over more than 1,500 contiguous acres.
(4) 
The proposed adoption of comprehensive land use plans, zoning ordinances, building codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area-wide wastewater treatment plans, state environmental plans, local floodplain control plans and the like.
(5) 
Commercial burial of radioactive materials requiring a permit under 6 NYCRR 380.
(6) 
Any action which will result in excessive or unusual noise or vibration, taking into consideration the volume, intensity, pitch, time duration and the appropriate land uses for both the source and the recipient of such noise and vibration.
(7) 
Acquisition or sale by a public agency of more than 250 contiguous acres of land.
B. 
The following actions, Type II, are deemed not to have a significant effect on the environment and are not subject to this chapter:
(1) 
Construction or alteration of a single- or two-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 critical areas described in this section for Type I actions.
(2) 
The extension of utility facilities to serve new or altered single- or two-family residential structures or to render services in approved subdivisions.
(3) 
Construction or alteration of a store, office or restaurant designed for an occupant load of 20 persons or fewer, 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 this section for Type I actions, and the construction of utility facilities to serve such establishments.
(4) 
Actions involving individual setback and lot line variances and the like.
(5) 
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
(6) 
Restoration or reconstruction of a structure, in whole or in part, being increased or expanded by less than 50% of its existing size, square footage or usage.
(7) 
Repaving of existing highways not involving the addition of new travel lanes.
(8) 
Street openings for the purpose of repair or maintenance of existing utility facilities.
(9) 
Installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches.
(10) 
Mapping of existing roads, streets, highways, uses, ownership patterns and the like.
(11) 
Regulatory activities not involving construction or changed land use relating to one individual, business, institution or facility, such as inspections, testing, operating certification or licensing 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) 
Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities.
(15) 
Investments by or on behalf of agencies or pension or retirement systems.
(16) 
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
(17) 
Routine administration and management of agency functions, not including new programs or major reordering of priorities.
(18) 
Routine license and permit renewals where there is no significant change in preexisting conditions.
(19) 
Routine activities of educational institutions which do not include capital construction.
For the purpose of assisting in the determination of whether an action other than a Type II action or exempt action or ministerial action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the Planning Bureau 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. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement provided herein shall be upon a form prescribed by the Planning Bureau 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 Planning Bureau.
Upon receipt of a complete application and a statement, the Planning Bureau shall record the date of receipt.
A. 
The Planning Bureau shall render a written determination on such application within 15 days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the Planning Bureau. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Planning Bureau may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination of the application.
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 City.
Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in this section to defray the expenses incurred in rendering such determination. The fee shall be $25.
A. 
If the Planning Bureau determines that the proposed action will not have a significant effect on the environment, the Planning Bureau shall prepare, file and circulate such determination, and thereafter the proposed action may be processed without further regard to this chapter.
B. 
If the Planning Bureau determines that the proposed action is similar to a Type I action and therefore may have a significant effect on the environment, the Planning Bureau shall prepare and circulate such determination and shall immediately file such determination with:
(1) 
The appropriate regional office of the Department.
(2) 
The Commissioner.
(3) 
The City Clerk.
(4) 
The Planning Bureau.
(5) 
The agency reviewing the applicant's action.
(6) 
The applicant.
A. 
Upon the applicant's receipt of the Planning Board's determination that the applicant's proposed action may have a significant effect on the environment, the applicant shall prepare an environmental impact report in the form of a draft environmental impact statement.
B. 
Draft environmental impact statements should be clearly written in a brief and concise manner, capable of being read and understood by the public. Statements should deal only with the specific significant environmental impacts which can be reasonably anticipated. They should not contain more detail than is appropriate considering the nature and magnitude of the proposed action, the significance of its potential impacts and the existing resources and capability of the agency responsible for the statement.
C. 
All draft environmental impact statements shall be preceded by a cover sheet stating:
(1) 
Whether it is a draft or final.
(2) 
The name or other descriptive title of the action.
(3) 
The location (city) of the action.
(4) 
The name and address of the agency which required its preparation and the name and telephone number of a person at the agency to be contacted for further information.
(5) 
Identification of individuals or organizations which prepared any portion of the statement.
(6) 
The date of its completion.
D. 
If the draft environmental impact statement exceeds 10 pages in length, it shall have a table of contents following the cover sheet.
E. 
The body of the draft environmental impact statement shall at least contain the following:
(1) 
A description of the proposed action and its environmental setting.
(2) 
A statement of the environmental impact of the proposed action, including its short- and long-term effects, and typical associated environmental effects.
(3) 
An identification of any adverse environmental effects which cannot be avoided if the proposed action is implemented.
(4) 
A discussion of alternatives to the proposed action and the comparable impacts and effects of such alternatives.
(5) 
An identification of any irreversible and irretrievable commitments of resources which would be involved in the proposed action, should it be implemented.
(6) 
A description of mitigation measures proposed to minimize the adverse environmental impacts.
(7) 
A description of any growth-inducing aspects of the proposed action.
(8) 
A discussion of the effects of the proposed action on the use and conservation of energy.
(9) 
A list of any underlying studies, reports and other information obtained and considered by the agency in preparing the statement.
F. 
The draft environmental impact statement may incorporate by reference all or portions of other documents which contain information relevant to the statement. The referenced document shall be made available to the public in the same places where the agency makes available copies of the statement. When a statement uses incorporation by reference, the referenced document shall be briefly described and its date of preparation provided.
A. 
Upon receipt of a completed draft environmental impact statement and a review fee of $50, the Planning Bureau shall prepare a notice of completion containing the information, as follows:
(1) 
A brief description of the action covered by the statement and the location of its potential impacts and effects.
(2) 
A statement indicating where and how copies of the statement can be obtained from the Planning Bureau.
(3) 
A statement that comments on the statement are requested and will be received and considered by the Planning Bureau at a given address for a period not less than 30 calendar days from the first filing and circulation of the notice of completion or not less than 10 calendar days following a public hearing, if such is held, at which the environmental impacts of the proposed action are considered.
B. 
The draft environmental impact statement shall be filed and circulated, as follows: The notice of completion shall be sent to all other agencies involved in the action, persons who have requested it, the editor of the State Bulletin, the state clearinghouse and the relevant regional clearinghouse designed under the Federal Office of Management and Budget Circular A-95.
C. 
The Planning Bureau shall maintain a file open to public inspection of notices of completion and draft environmental impact statements.
D. 
Filing and publishing of impact statement.
(1) 
For public information purposes, copies of the draft environmental impact statement and notice of completion shall immediately be filed as follows:
(a) 
One copy with the City Clerk.
(b) 
One copy with the appropriate regional office of the department.
(c) 
One copy with the Commissioner.
(2) 
In addition, it shall be published in a newspaper having general circulation within the City.
E. 
If the Planning Bureau determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in a newspaper having general circulation within the City 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 of the filing of the draft environmental impact statement, except as otherwise provided where the Planning Bureau 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 Planning Bureau determines that an action will not have a significant effect on the environment, the Planning Bureau shall file and circulate each determination in the same manner as provided in § 48-9B of this chapter, and thereafter the proposed action may be processed without further regard to this chapter.
A. 
A 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, that the Planning Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification.
B. 
The final environmental impact statement shall reflect a revision and updating of the matters contained in the draft environmental impact statement in light of further agency review, comments received and the record of any hearing.
Upon receipt of a completed final environmental impact statement, a notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 48-11 herein and shall be sent to all persons to whom the notice of completion and 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.
A. 
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 of and determination on the final environmental impact statement.
B. 
The Planning Bureau shall make a final determination on whether or not the action will have a significant effect on the environment within 30 days of the filing of the final environmental impact statement. The Planning Bureau shall file and circulate such determination in the same manner as provided in § 48-9B of this chapter.
When an agency decides to carry out or approve an action by an applicant which has been determined by the Planning Bureau to have a significant effect on the environment, the agency 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.
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.
The Planning Bureau shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations.
[Amended 10-11-1977 by L.L. No. 10-1977]
A. 
For the purpose of clarifying which actions have had substantial time, money or work expended on their behalf, as noted in § 48-19 below, and are therefore exempt from this chapter, the Planning Bureau shall submit to the Mayor lists of such actions. Within 30 days of receipt of a list, the Mayor shall review and revise, if necessary, such list and certify that the list contains actions on which substantial time, money or work has been expended. The Planning Bureau shall maintain a copy of such certified list, and such list shall be available for public inspection in its office.
B. 
The Planning Bureau shall prepare the following lists:
For
List Shall Be Prepared By
Type I and similar actions:
Undertaken directly by the City
September 1, 1977
Funded in whole or in part by the City
November 1, 1977
Type II and all unclassified actions:
Undertaken or funded in whole or in part by the City
September 1, 1978
[Amended 10-11-1977 by L.L. No. 10-1977]
A. 
This chapter shall take effect in the following manner:
For
Law Shall Take Effect on
(1)
Type I and similar actions:
(a)
Undertaken directly by the City
June 1, 1977
(b)
Funded in whole or in part by the City
September 1, 1977
(c)
Requiring a city permit or authorization
September 1, 1977
(2)
Type II and all unclassified actions:
(a) Undertaken or funded in whole or in part by the City
September 1, 1978
(b) Requiring a city permit or Authorization
September 1, 1978
UNLESS
For
Substantial Time Money or Work Has Been Expended Prior to
Or Final Approval Has Been Granted by the City Prior to
Subsection A(1)(a) above
June 1, 1977
---
Subsection A(1)(b) above
September 1, 1977
---
Subsection A(1)(c) above
---
September 1, 1977
Subsection A(2)(a) above
September 1, 1978
---
Subsection A(2)(b) above
---
September 1, 1978