[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw 2-5-1979 by L.L. No. 1-1979 (Ch. 18A of the 1965 Code of the Village of Warsaw). Amendments noted where applicable.]
The purpose of this chapter is to implement for the Village of Warsaw the State Environmental Quality Review Act and 6 NYCRR 617.
The terms and words used in this chapter shall have the same meanings as such terms and words are defined in Article 8 of the Environmental Conservation Law and 6 NYCRR 617, unless the context requires a different meaning.
The following terms, as used in this chapter, shall have the meanings indicated:
- Environmental assessment form.
- Environmental impact statement.
- PART 617
- The rules and regulations set forth in 6 NYCRR 617.
- The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.
- The Village of Warsaw.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the village, unless it has complied with SEQR and Part 617 to the extent applicable to this chapter.
An EAF shall be prepared by or on behalf of any agency, board, body or officer of the village in connection with any Type I action which such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
An application for permit or funding of a Type I action shall be accompanied by an EAF and for an unlisted action may be accompanied by a short form EAF as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF, the Village Board or a lead agency having authority to adopt its own regulations may adopt a different procedure for reviewing environmental significance of unlisted actions. The lead agency shall make a preliminary determination of the environmental significance of the action on the basis of the EAF, draft EIS or, with respect to unlisted actions, in accordance with its own procedures, as the case may be, and such other information it requires. Such determination shall be made within 15 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions, a determination of nonsignificance shall be noticed and filed as provided in Section 617.10(b); for unlisted actions, a determination of nonsignificance shall be sent to the applicant and maintained in accordance with Sections 617.7(e) and 617.10(f). After a determination of nonsignificance, the action, including one involving a permit or funding, shall be processed without further regard to SEQR, Part 617 or this chapter.
The time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental nonsignificance is rendered or, if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed as provided in Sections 617.8, 617.9 and 617.10. Commencing with the acceptance of the draft EIS, the time limitations for processing the EIS shall run concurrently with the time limitations applicable to processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Sections 617.6 and 617.7, except that, in the following Type I and unlisted actions, the lead agency shall be as provided herein:
The adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Village Board.
The construction or expansion of village buildings, structures and facilities within the village not requiring a federal or state agency permit or approval: the Village Board.
Variances not requiring a federal or state agency permit or approval: the Zoning Board of Appeals.
The purchase, sale and lease of real property by the village not requiring a federal or state agency permit or approval: the Village Board.
A planned unit development or cluster zoning not requiring a federal or state agency permit or approval: the Village Planning Board.
A site plan review and special use permit not requiring a federal or state agency permit or approval: the Village Planning Board.
The construction or expansion of a nonresidential facility not requiring a federal or state agency permit or approval: the Zoning Officer.
A parking lot not requiring a federal or state agency permit or approval: the Zoning Officer.
The Village Board shall act as the village clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants in identifying other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be processed in accordance with Section 617.16.
The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be fixed from time to time by resolution of the Village Board. (Section 617.17 prescribes limitations on the amount of fees. If the applicant prepares the EIS, the village may charge a fee for actual expenses of reviewing it, but if a village agency prepares an EIS on behalf of an applicant, it may charge a fee for the cost of preparing, including publication of notices, but not for the cost of professional review.)
Critical areas of environmental concern may be designated by resolution of the Village Board in accordance with Section 617.4(j).
The actions listed in this section are deemed Type I actions in addition to those set forth in Section 617.12.
The purpose of the list of actions identified as Type I in this section is to identify for agencies, project sponsors and the public those actions and projects that are more likely to require the preparation of EIS's than those not so listed (i.e., unlisted actions). This Type I list is not exhaustive of those actions that an agency may determine have a significant effect on the environment and require the preparation of an EIS. Therefore, the fact that an action or project has not been listed as a Type I action does not carry with it the presumption that it will not have a significant effect on the environment. For all individual actions which are Type I or unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in Section 617.11. The Type I actions on this list are considered more likely to require the preparations of an EIS than other actions and are likely to involve review by more than one governmental agency, and therefore the procedural requirements for Type I actions (Section 617.6) are more extensive than for those unlisted actions (Section 617.7).
The following actions are Type I if they are directly undertaken, funded or approved by an agency:
The adoption of a municipality's land use plan or zoning regulations or the adoption by any agency of a comprehensive resource management plan.
The granting of a zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given in other sections of this list.
The acquisition, sale, lease or other transfer of 100 or more contiguous acres of land by a state or local agency.
The construction of new residential units which meet or exceed the following thresholds:
Ten units in municipalities which have not adopted zoning regulations.
Fifty units not to be connected (at commencement of habitation) to community or publicly owned utilities.
Two hundred fifty units to be connected (at commencement of habitation) to community or publicly owned utilities in a city, town or village having a population of less than 150,000.
The construction of new nonresidential facilities which meet or exceed any of the following thresholds or the expansion of existing nonresidential facilities by more than 50% of any of the following thresholds, provided that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section:
A project or action which involves the physical alteration of 10 acres.
A project or action which would use ground- or surface water in excess of 2,000,000 gallons per day.
Parking for 1,000 vehicles.
A facility with more than 100,000 square feet of gross floor area in a city, town or village having a population of 150,000 persons or less.
Any structure exceeding 100 feet above original ground level in a locality without any zoning regulation pertaining to height.
Any nonagricultural use occurring wholly or partially within an agricultural district (certified pursuant to the Agriculture and Markets Law, Article 25AA, § 303) which exceeds 10% of any threshold established in this section.
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 in the National Register of Historic Places or any historic building, structure or site or prehistoric 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.
Any project or action which exceeds 25% of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space.
Any action which exceeds the locally established thresholds or, if no such thresholds are established, any action which takes place wholly or partially within or substantially contiguous to any critical environmental area designated by a local agency pursuant to Section 617.4.
The actions listed in this section are deemed Type II actions in addition to those set forth in Section 617.13.
Actions or classes of actions which have been determined not to have a significant effect on the environment are classified as Type II actions and do not require environmental impact statements or any other determination or procedure under this section.
Each agency may adopt its own Type II list, provided that it finds that each of the actions contained on it is no less protective of the environment than the list in this section and will in no case have a significant effect on the environment based on the criteria contained in Section 617.11 and any additional criteria contained in its procedures adopted pursuant to Section 617.4. An agency may not designate as Type I any action on the Type II list.
The following actions are Type II actions:
The replacement of a facility, in kind, on the same site, unless such facility meets any of the thresholds in Section 617.12.
The granting of individual setback and lot line variances.
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.
The repaving of existing highways not involving the addition of new travel lanes.
Street openings for the purpose of repair or maintenance of existing utility facilities.
Installations of traffic control devices on existing streets, roads and highways.
Public or private forest management practices, other than the removal of trees or the application of herbicides or pesticides.
The 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 density.
The maintenance of existing landscaping or natural growth.
The mapping of existing roads, streets, highways, uses and ownership patterns.
Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession.
Sales of surplus government property, other than land, radioactive material, pesticides, herbicides or other hazardous materials.
Collective bargaining activities.
Investments by or on behalf of agencies or pension or retirement systems.
The routine or continuing agency administration and management, not including new programs or major reordering of priorities.
License and permit renewals, where there will be no material change in permit conditions or the scope of permitted activities.
Routine activities of educational institutions, which do not include capital construction.
Information collection, including basic data collection and research, Master Plan study components, water quality and pollution studies, traffic counts, engineering studies, boring studies and surveys and soils studies that are not a preliminary step towards any given Type I project.
Minor temporary uses of land having negligible or no permanent effect on the environments.