[HISTORY: Adopted by the Town Board of the Town of Riverhead 9-5-2018 by L.L. No. 21-2018. Amendments noted where applicable.]
Zoning and land development — See Ch. 301.
This chapter will be known as the "Town of Riverhead Environmental Quality Review Law."
The purpose of this chapter is to implement for the Town of Riverhead the provisions of the State Environmental Quality Review Act and the State Environmental Quality Review Regulations, thereby incorporating environmental factors into the existing planning and decision-making process.
This chapter is adopted under authority of the Municipal Home Rule Law, the State Environmental Quality Review Act and the State Environmental Quality Review Regulations.
As used in this chapter, the following terms shall have the meanings indicated:
- Environmental assessment form.
- Environmental impact statement.
- STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
- Article 8 of the Environmental Conservation Law, which is Chapter 43-B of the Consolidated Laws of the State of New York.
All agencies, boards, departments, offices, other bodies or officers of the Town of Riverhead must comply with SEQRA, Part 617 and this chapter to the extent applicable prior to carrying out, approving or funding any action, other than an exempt, excluded or Type II action.
The lead agency is the agency (i.e., board, department, office, other body or officer of the Town) principally responsible for carrying out, funding or approving an action. The lead agency is responsible for assessing the proposed action's determination of environmental significance, coordinating review with involved agencies as may be required, and whether an EIS is required for the action. The lead agency is responsible for determining whether an EIS is required for the action and for preparing and filing the EIS if it is required.
The Planning Department will be the Town clearinghouse for lead agency designation. It will assist agencies and applicants to identify other federal, state and local agencies that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse will make recommendations on the designation of lead agencies for particular actions.
When any agency, department, body, board or officer of the Town of Riverhead contemplates directly carrying out, funding or approving any Type I action, a full EAF must be prepared by it or on its behalf. When an unlisted action is contemplated, either a full or short-form EAF, as appropriate, must be prepared. The EAF forms given in Appendixes A, B and C of Part 617 will be used as models, but may be modified to meet the needs of particular cases. However, the final scope of such a modified EAF must be at least as comprehensive as the scope of the model forms.
When any person submits an application for funding or a permit or other approval of a Type I or unlisted action to any agency, department, body, board or officer of the Town, an EAF must accompany the application. For Type I actions, a full EAF must be prepared; for unlisted actions, either the full EAF or the short form may be used, as determined appropriate by the Department of Land Management. An applicant may choose to prepare a draft EIS in place of an EAF.
The lead agency must make a determination of environmental significance of the action. This determination must be based on the EAF or, with respect to unlisted actions, its own procedures, as the case may be, and on such other information as it may require. The criteria stated in Section 11 of Part 617 must also be considered by the lead agency in making its determination of significance. The determination must be made within 20 days of its designation as lead agency or with 20 days of its receipt of all information it requires, whichever is later.
Editor's Note: See 6 NYCRR 617.11.
For Type I actions, the lead agency must give public notice and file a determination of nonsignificance as provided in Subdivision 10(a)(3) of Part 617. For unlisted actions, the lead agency must send a determination of nonsignificance to the applicant and maintain its own records thereof in accordance with Section 6 and Subdivision 10(e) of Part 617.
If the lead agency makes a determination of nonsignificance, the direct action, approval or funding involved will be processed without further regard to SEQRA, Part 617 or this chapter.
The time of filing an application for approval or funding of an action commences from the date the determination of environmental nonsignificance is made. If the applicant prepared a draft EIS in lieu of an EAF, the time of filing commences from the date the lead agency accepts the draft EIS as adequate in scope and content and commences the public comment period.
If, based on review of the EAF and other information, the lead agency determines that the proposed action may be environmentally significant, then an EIS must be prepared.
If an EIS is required, the lead agency must proceed as provided in Sections 8, 9 and 10 of Part 617. The draft EIS will normally be prepared by the applicant. If the applicant fails to prepare a draft EIS or prepares a draft EIS which is unacceptable to the lead agency, the lead agency may either prepare a draft EIS itself, discontinue further processing until the applicant can provide an acceptable draft EIS or deem the application abandoned and discontinue review.
Editor's Note: See 6 NYCRR 617.8, 617.9 and 617.10.
If an EIS is required, a public scoping hearing shall be held on the draft EIS and, whenever possible, be concurrent with any other hearing on the application.
A fee shall be charged for the review or preparation of the draft EIS, and scoping shall be considered part of the draft EIS for purposes of determining the fee. Such fees will be equal to the maximum allowable under Section 13 of Part 617 of the New York Codes, Rules and Regulations. No agency shall have the authority to waive or modify this fee.
Editor's Note: See 6 NYCRR 617.13.
In addition, the following are deemed Type I actions:
Motel and hotel complexes of 20 units or greater.
New, or expansion of, sand, gravel or beach mining operations.
New, or expansion of, solid waste management facilities.
New wireless communication towers.
Parking facilities or other facilities with an associated parking area where the total number of parking spaces is 50 spaces or greater.
[Amended 10-2-2019 by L.L. No. 20-2019]
Subdivisions of residential land within the Agricultural Protection Zoning (APZ) District of 20 lots or more.
Within a critical area of environmental concern or within a critical area designated to protect cultural, historic, archaeological or educationally important resources under § 225-10B, no Type I action or unlisted action shall cause land to be cleared, regraded, filled, excavated or built upon until an archaeological examination of the site area has been conducted and submitted to the Planning Board for review. An application for a building permit for a one-family dwelling within an approved subdivision plat which has undergone archaeological examination is not a Type I action under this chapter.
Conversions to residential apartments, condominiums or cooperatives of 20 units or more.
New residential apartments, condominiums or cooperatives of 20 units or more.
Actions involving commercial or multifamily use within a Town of Riverhead Historic District or located within 500 feet of a Town of Riverhead Historic District boundary.
Commercial expansion of a preexisting, nonconforming use within any zoning use district.
In addition, the following are deemed Type II actions, provided that they do not fall within the critical areas as outlined in Town Code § 225-10, are not classified as Type I actions as set forth in § 225-11, and comply with 6 NYCRR 617.5 (b)(1) and (2):
Transfers of property.
Transfers of development rights pursuant to an approved transfer of development right ordinance.
This chapter shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law. A copy of this chapter must be filed with the Commissioner of the Department of Environmental Conservation.