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.
DEPARTMENT
The Department of Planning and Development.
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.
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.
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.
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.
(j)
Primary aluminum ore reduction plants.
(k)
Incinerators operating at a refuse charging rate exceeding 250
tons of refuse per twenty-four-hour day.
(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.
(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.
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.
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.
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.
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
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List Shall Be Prepared By
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Type I and similar actions:
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|
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Undertaken directly by the City
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September 1, 1977
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|
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Funded in whole or in part by the City
|
November 1, 1977
|
|
Type II and all unclassified actions:
|
|
|
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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:
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For
|
|
Law Shall Take Effect on
|
---|
|
(1)
|
Type I and similar actions:
|
|
|
|
(a)
|
Undertaken directly by the City
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June 1, 1977
|
|
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(b)
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Funded in whole or in part by the City
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September 1, 1977
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|
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(c)
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Requiring a city permit or authorization
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September 1, 1977
|
|
(2)
|
Type II and all unclassified actions:
|
|
|
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(a) Undertaken or funded in whole or in part by the City
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September 1, 1978
|
|
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(b) Requiring a city permit or Authorization
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September 1, 1978
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UNLESS
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For
|
Substantial Time Money or Work Has Been Expended Prior
to
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Or Final Approval Has Been Granted by the City Prior to
|
Subsection A(1)(a) above
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June 1, 1977
|
---
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Subsection A(1)(b) above
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September 1, 1977
|
---
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Subsection A(1)(c) above
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---
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September 1, 1977
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Subsection A(2)(a) above
|
September 1, 1978
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---
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Subsection A(2)(b) above
|
---
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September 1, 1978
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