[HISTORY: Adopted by the Board of Trustees of the Village
of Camillus 4-6-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter shall have the same meaning
as those defined in the Environmental Conservation Law § 8-0105
and Part 617 of Title 6 of the New York Codes, Rules and Regulations,
hereinafter referred to as "NYCRR."
No decision to carry out or approve an action other than an action listed in § 55-3B hereof or added to Section 617.12 of Title 6 of NYCRR as a Type II action after the effective date of this chapter shall be made by the Village Board or by any department, board, commission, officer or employee of the Village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of NYCRR; provided, however, that nothing herein shall be construed as prohibiting the following:
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
do not commit the Village 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
NYCRR have been fulfilled.
Consistent with Part 617 of Title 6 of NYCRR and the criteria
therein, the following actions, in addition to such actions as may
after the effective date of this chapter be added to the list of Type
I actions in Section 617.12 of Title 6 of NYCRR, are likely to have
a significant effect on the environment:
A.
The construction of new or the expansion by more than 50% of existing
size, square footage or usage of existing:
(1)
Airports.
(2)
Public institutions, such as hospitals, schools and institutions
of higher learning and correctional facilities, and major office centers.
(3)
Road or highway sections, including bridges, which require an indirect
source permit under Part 203 of Title 6 of NYCRR.
(4)
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 Part 203 of Title 6 of NYCRR.
(5)
Dams with a downstream hazard of C classification under the Environmental
Conservation Law § 15-0503.
(6)
Stationary combustion installations operating at a total heating
input exceeding 1,000,000,000 Btu's per hour.
(7)
Chemical pulp mills.
(8)
Portland cement plants.
(9)
Iron and steel plants.
(10)
Primary aluminum ore reduction plants.
(11)
Incinerators operating at a refuse charging rate exceeding 250 tons
of refuse per twenty-four-hour day.
(12)
Sulfuric acid plants.
(13)
Petroleum refineries.
(14)
Lime plants.
(15)
By-product coke manufacturing plants.
(16)
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.
(17)
Sulfur recovery plants.
(18)
Fuel conversion plants.
(19)
Process, exhaust and/or ventilation systems emitting air contaminants
assigned an environmental rating of A under Part 212 of Title 6 of
NYCRR and whose total emission rate of such A contaminants exceeds
one pound per hour.
(20)
A sanitary landfill for an excess of 100,000 cubic yards of waste
fill.
(21)
Process, exhaust and/or ventilation systems from which the total
emission rate of all air contaminants exceeds 50 tons per day.
(22)
Any facility, development or project which is to be directly located
in one of the following critical areas:
(a)
Tidal wetlands as defined in Article 25 of the Environmental
Conservation Law.
(b)
Freshwater wetlands as defined in Article 24 of the Environmental
Conservation Law.
(c)
Floodplains as defined in Article 36 of the Environmental Conservation
Law.
(d)
Wild, scenic and recreational river areas designated in Title
27 of Article 15 of the Environmental Conservation Law.
(23)
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.
(24)
Any development, project or permanent facility of a nonagricultural use in an agricultural district which requires a permit, except those listed as Type II actions in Section 617.12 of Title 6 of NYCRR or § 55-4 of this section.
(25)
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 any eight-hour period.
(26)
Any facility, development or project which would use groundwater
or surface water in excess of 2,000,000 gallons in any day.
(27)
Any industrial facility which has a yearly average discharge flow,
based on days of discharge, of greater than 0.5 million gallons per
day.
(28)
Any publicly or privately owned sewage treatment works which has
an average daily design flow of more than 0.5 million gallons per
day.
(29)
A residential development outside any standard metropolitan statistical
area as defined by the United States Census Bureau that includes 50
or more units in an unsewered area or 250 or more units in a sewered
area, or within a standard metropolitan statistical area that includes
50 or more units in an unsewered area or 2,500 or more units in a
sewered area.
(30)
Lakes or other bodies of water with a water surface in excess of
200 acres.
B.
Any funding, licensing or planning activities in request of any of the types of construction listed in Subsection A above.
C.
The application of pesticides or herbicides over more than 1,500
contiguous acres.
D.
The clear cutting of 640 or more contiguous areas of forest cover
or vegetation other than crops.
E.
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 water treatment plans, state environmental
plans, local floodplain control plans and the like.
F.
The commercial burial of radioactive materials requiring a permit
under Part 380 of Title 6 of NYCRR.
G.
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 or vibration.
H.
The acquisition or sale by a public agency of more than 250 contiguous
acres of land.
Consistent with Part 617 of Title 6 of NYCRR and the criteria
therein, the following actions, in addition to such actions as may
after the effective date of this chapter be added to the list of Type
II actions in Section 617.12 of Title 6 of NYCRR, are deemed not to
have a significant effect on the environment:
A.
The 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 § 55-3A(22) of this chapter.
B.
The extension of utility facilities to serve new or altered single-
or two-family residential structures to render service in approved
subdivisions.
C.
The construction or alteration of a store, office or restaurant designed for an occupant load of 20 persons or less 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 § 55-3A(22) of this chapter, and the construction of utility facilities to serve such establishments.
D.
Actions involving individual setback and lot line variances and the
like.
E.
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.
F.
The operation, repair, maintenance or minor alteration of existing
structures, land uses and equipment.
G.
The 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.
H.
The repaving of existing highways not involving the addition of new
travel lanes.
I.
The opening of streets for the purpose of repair or maintenance of
existing utility facilities.
J.
The installation of traffic control devices on existing streets,
roads and highways other than multiple fixtures on long stretches.
K.
The mapping of existing roads, streets, highways, uses, ownership
patterns and the like.
L.
Regulatory activities not involving construction or changed land
use relating to one individual, business, institution or facilities,
such as inspections, testing, operating certification or licensing
and the like.
M.
The sale of surplus government property other than land, radioactive
material, pesticides, herbicides or other hazardous materials.
N.
Collective bargaining activities.
O.
Operating, expense or executive budget planning, preparation and
adoption not involving new programs or the major reordering of priorities.
P.
Investments by or on behalf of agencies or pension or retirement
systems.
Q.
Actions which are immediately necessary for the protection or preservation
of life, health, property or natural resources.
R.
The routine administration and management of agency functions not
including new programs or the major reordering of priorities.
S.
The routine license and permit renewals where there is no significant
change in preexisting conditions.
T.
The routine activities of educational institutions which do not include
capital construction.
A.
Filing of written statement; contents. For the purpose of assisting
in the determination of whether an 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 Village Board, 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 resolution of the
Village Board and shall contain such additional relevant information
as shall be required in the prescribed form.[1] Such statement shall be accompanied by drawings, sketches
and maps, if any, together with any other relevant explanatory material
required by the Village Board.
[1]
Editor's Note: Applicable forms, including the short environmental
assessment form, are on file in the office of the Village Clerk.
B.
Notification of proposed action; time limit for written views. Upon
receipt of a complete application and a statement, the Village Board
shall cause a notice thereof to be posted on the signboard, if any,
of the Village maintained by the Village and may also cause such notice
to be published in the official newspaper of the Village describing
the nature of the proposed action and stating that written views thereon
of any person shall be received by the Village Board no later than
a date specified in such notice.
A.
The Village Board 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 Village Board. The determination shall state
whether such proposed action may or will not have a significant effect
on the environment. The Village Board 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 on 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 Village.
Every application for determination under this chapter shall
be accompanied by a fee of $100 to defray the expenses incurred in
rendering such determination.
If the Village Board determines that the proposed action is not an action listed as exempt in § 55-4 of this chapter or added to Section 617.12 of Title 6 of NYCRR after the effective date of this chapter as a Type II action and that it will not have a significant effect on the environment, the Village Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Village Board determines that the proposed action may have a significant effect on the environment, the Village Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of NYCRR.
A.
Submission requested. Following a determination that a proposed action
may have a significant effect on the environment, the Village Board
shall, in accordance with the provisions of Part 617 of Title 6 of
NYCRR:
(1)
In the case of an action involving an applicant, immediately notify
the applicant of the determination and request the applicant to prepare
an environmental impact report in the form of a draft environmental
impact statement; or
(2)
In the case of an action not involving an applicant, prepare a draft
environmental impact statement.
B.
Failure to submit impact report. If the applicant decides not to
submit an environmental impact report, the Village Board shall notify
the applicant that the processing of the application will cease and
that no approval will be issued.
C.
Completion of impact statement; notice of completion. Upon completion
of the draft environmental impact statement, a notice of completion
containing the information specified in Section 617.7(d) of Title
6 of NYCRR shall be prepared, filed and circulated as provided in
Section 617.7(e) and (f) of Title 6 of NYCRR. Copies of the draft
environmental impact statement and the notice of completion shall
be filed, sent and made available as provided in Section 617.7(e)
and (f) of Title 6 of NYCRR.
D.
Notification of public hearing; time limit for written comments.
If the Village Board 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 the official newspaper of the Village 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 after the filing of the draft
environmental impact statement, except as otherwise provided where
the Village Board 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.
E.
Board determination; subsequent action. If on the basis of a draft
environmental impact statement or a public hearing thereon the Village
Board determines that an action will not have a significant effect
on the environment, the proposed action may be processed without further
regard to this chapter.
A.
Preparation; time limits. Except as otherwise provided herein, the
Village Board shall prepare or cause to be prepared a final environmental
impact statement in accordance with the provisions of Part 617 of
Title 6 of NYCRR; provided, further, that if the action involves an
application, the applicant shall prepare the final environmental impact
statement. Such 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 Village 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.
Fee. Where the action involves an application, such final environmental
impact statement shall be accompanied by a fee of $100 to defray the
expenses of the Village in evaluating same.
C.
Notice of completion; availability of copies for public review. A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 55-9C of this chapter and shall be sent to all persons to whom the notice of completion of the 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.
No decision to carry out or approve an action which has been
the subject of a final environmental impact statement by the Village
Board or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement. Where
the Village Board has been the lead agency for an action, it shall
make a decision whether or not to approve the action within 30 days
of the filing of the final environmental impact statement.
A.
Findings. When the Village Board decides to carry out or approve
an action which may have a significant effect on the environment,
it shall make the following findings in a written determination:
(1)
Consistent with social, economic and other essential considerations
of state policy, to the maximum extent practicable and 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.
(2)
All practicable means will be taken in carrying out or approving
the action to minimize or avoid adverse environmental effects.
B.
Filing and availability of copies. For public information purposes,
a copy of the determination shall be filed and made available as provided
in Part 617 of Title 6 of NYCRR.
The Village shall maintain files open for public inspection
of all notices of completion, draft and final environmental impact
statements and written determinations prepared or caused to be prepared
by the Village Board.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR shall
be followed.
Actions undertaken or approved prior to the dates specified
in Article 8 of the Environmental Conservation Law for local agencies
shall be exempt from this chapter and the provisions of Article 8
of the Environmental Conservation Law and Part 617 of Title 6 of NYCRR;
provided, however, that if after such dates a Village Board modifies
an action undertaken or approved prior to that date and the Village
Board determines that the modification may have a significant adverse
effect on the environment, such modification shall be an action subject
to this chapter and Part 617 of Title 6 of NYCRR.
