[HISTORY: Adopted by the Town Board of the Town of Rye 3-29-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
A local law pursuant to Article 8 of the New York Environmental
Conservation Law providing for environmental quality review of actions
which may have a significant effect on the environment. Be it enacted
by the Town Board of the Town of Rye, State of New York, as follows.
This chapter shall be known and may be cited as the "Environmental
Quality Review Law" of the Town of Rye.
It is the intent of the Town Board that:
A.Â
Environmental factors be incorporated into the existing planning
and decision-making processes of all Town agencies.
B.Â
All agencies shall conduct their affairs with an awareness that they
are stewards 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.Â
Protection of the environment and enhancement of human and community
resources shall be given appropriate weight along with social and
economic considerations, and all these factors shall be considered
together in reaching decisions on proposed actions. A suitable balance
of social, economic and environmental factors shall be incorporated
in the planning and decision-making processes of all agencies.
D.Â
The processes set forth in this chapter shall as far as possible
be integrated into existing agency procedures and shall not result
in undue delays in agency planning and decision making.
The following terms, phrases, words and their derivatives shall
have the meaning given herein:
Any activity of any agency, except an exempt action as defined
in this section, including, without limitations:
Physical activities such as construction, destruction, or other
activities, including the approval thereof, which change the use or
appearance of any natural resource or structure;
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;
Licensing activities such as the proposing, approval or disapproval
of a lease, permit, license, certificate or other entitlement for
use or permission to act;
Planning activities such as site selection for other activities
and the proposing, approval or disapproval of master or long-range
plans, Zoning Maps and ordinances, development plans or other plans
designed to provide a program for future activities; and
Policy-making activities such as the making, modification or
establishment of rules, regulations, procedures, policies and guidelines.
Any Town department, official, officer, employee, board,
agency, commission, council, district, public benefit corporation,
or public authority, including the Town Board.
Draft environmental impact statement.
A preliminary environmental impact statement prepared pursuant to § 23-8 herein.
Environmental impact statement.
The physical conditions which will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
features of historic or aesthetic significance, existing patterns
of population concentration, distribution, or growth, and existing
community or neighborhood character.
A detailed statement setting forth the matters specified in § 23-7 herein. It includes any comments on a draft environmental impact statement which are received pursuant to § 23-8D and E herein, and the agency's response to such comments, to the extent that such comments raise issues not adequately resolved in the draft environmental impact statement.
Any one of the following:
Enforcement or criminal proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings;
Ministerial actions, which are actions 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;
Maintenance or repair involving no substantial change in an
existing structure or facility;
Actions requiring a certificate of environmental compatibility
and public need under Articles VII and VIII of the Public Service
Law and the consideration of, grant or denial of any such certificate;
Except as set forth in § 23-11 herein, actions undertaken or approved prior to the effective dates of this chapter. An action shall be deemed to be undertaken or approved prior to such dates 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;
Actions which are immediately necessary on a limited emergency
basis for the protection or preservation of life, health, property
or natural resources; and
Actions of any court.
Where several agencies are involved in an action, that agency
primarily responsible for preparation of the environmental impact
statement.
That newspaper formally designated by the Town Board as the
official newspaper or, if none, a newspaper of general circulation
within the Town.
Any person, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
The State Environmental Quality Review Act, Article 8 of
the New York State Environmental Conservation Law.
A.Â
No decision to carry out or approve an action other than a Type II action, as set forth in § 23-6 and the Appendix herein,[1] shall be made by an agency until there has been full compliance
with all requirements of this chapter; provided, however, that nothing
herein shall be construed as prohibiting:
(1)Â
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 agency to approve, commence or engage in such action;
or
(2)Â
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 have been fulfilled.
[1]
Editor's Note: Said Appendix is included as an attachment to this chapter.
B.Â
Agencies may identify programs or categories of actions which could
most appropriately be covered by a single environmental impact statement.
Statements for comprehensive plans are often appropriate to assess
the environmental effects of:
C.Â
Such statements will eliminate multiple sequential reviews of the
same or similar actions. No further environmental impact statements
need be prepared for actions which are included in such a statement.
Agencies preparing such a statement shall develop procedures for amending
or supplementing such statements to reflect impacts which are not
addressed or adequately analyzed in such a statement as initially
prepared. Such procedures shall include provision for informing the
public and other agencies of the preparation of such amendments or
supplements and for allowing comment thereon before incorporation
of such amendments or supplements in said statement.
To simplify the task of determining whether or not a proposed
action may have a significant effect on the environment, actions are
divided into three classes, Type I, Type II and Type III:
A.Â
Type I actions or classes of actions are likely to, but will not
necessarily, require preparation of environmental impact statements
because they will in almost every instance have a significant effect
on the environment. Type I actions are listed in the Appendix herein.[1]
[1]
Editor's Note: Said Appendix is included as an attachment to this chapter.
B.Â
Type II actions or classes of actions have been determined not to
have a significant effect on the environment and do not require environmental
impact statements. Type II actions are listed in the Appendix herein.
C.Â
Type III actions or classes of actions:
(1)Â
Type III actions or classes of actions are actions which are neither
Type I or Type II and which may have a significant effect on the environment
if they can reasonably be expected, by the agency, to lead to one
of the following consequences:
(a)Â
A substantial adverse change to ambient air or water quality
or noise levels or in solid waste production, drainage, erosion or
flooding.
(b)Â
The removal or destruction of large quantities of flora or fauna,
the substantial interference with the movement of any resident or
migratory fish or wildlife species, impacts on critical habitat areas,
or the substantial affecting of a rare or endangered species of animal
or plant or the habitat of such a species.
(c)Â
The encouragement or attraction of a large number of people
to a place or places for more than a few days relative to the number
of people who would come to such place absent the action.
(d)Â
The creation of a material conflict with a community's existing
plans or goals as officially approved or adopted.
(e)Â
The impairment of the character or quality of important historical,
archeological, architectural or aesthetic resources or of the existing
community or neighborhood character.
(f)Â
A substantial change in the use of either the quantity or type
of energy.
(g)Â
The creation of a hazard to human health or safety.
(h)Â
A substantial change in the use or intensity of use of land
or other natural resources, or in the capacity of land or other natural
resources to support uses.
(i)Â
The creation of a material demand for other actions which would
result in one of the above consequences.
(j)Â
Changes in two or more elements of the environment, not one
of which is substantial, but when taken together result in a material
change in the environment.
(2)Â
For the purpose of determining whether an action will cause one of
the foregoing consequences, the action shall be deemed to include
other contemporaneous or subsequent actions which:
(3)Â
The significance of a likely consequence should be assessed in connection
with its setting, its probability of occurrence, its duration, its
irreversibility, its controlability, its geographic scope and its
magnitude.
A.Â
Within the framework presented in § 23-7D herein, environmental impact 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. An agency may require that an EIS be prepared by a duly qualified professional.
B.Â
All draft and final environmental impact statements shall be preceded
by a cover sheet stating:
(1)Â
Whether it is a draft or final;
(2)Â
The name or other descriptive title of the action;
(3)Â
The location of the action, including the name of this town;
(4)Â
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)Â
Identification of the individuals or organizations who prepared any
portion of the statement; and
(6)Â
The date of its completion.
C.Â
If a draft or final environmental impact statement exceeds 10 pages
in length, it shall have a table of contents following the cover sheet.
D.Â
The body of all draft and final environmental impact statements shall
at least contain the following:
(1)Â
A description of the proposed action and its environmental setting;
(2)Â
A statement of the environmental impact of the proposed action, including
its short- and long-term effects, and typical associated environmental
effects;
(3)Â
An identification of any adverse environmental effects which cannot
be avoided if the proposed action is implemented;
(4)Â
A discussion of alternatives to the proposed action and the comparable
impacts and effects of such alternatives;
(5)Â
An identification of any irreversible and irretrievable commitments
of resources which would be involved in the proposed action should
it be implemented;
(6)Â
A description of mitigation measures proposed to minimize the adverse
environmental impacts;
(7)Â
A description of any growth-inducing aspects of the proposed action;
(8)Â
A discussion of the effects of the proposed action on the use and
conservation of energy;
(9)Â
A list of any studies, reports and other information obtained and
considered by the agency in preparing the statement; and
(10)Â
For final environmental impact statements, copies or a summary of
the substantive comments received in response to the draft environmental
impact statement and the agency's response to such comments.
E.Â
An 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 at the Town Clerk's office in the Town Hall. When a
statement uses incorporation by reference, the referenced document
shall be briefly described and its date of preparation provided.
A.Â
Application. An agency considering an action or an applicant requesting
approval by an agency shall complete an application form as specified
by the agency. An applicant shall present this form to the agency
whose approval is being sought, accompanied by a fee as set forth
in Section 12 herein.
B.Â
Determination of need for an EIS.
(1)Â
Applicant involvement.
(a)Â
In cases where an applicant is involved, the agency shall render a written determination within 15 days following receipt of a complete application, except as provided in § 23-9 herein with respect to actions involving more than one agency; provided, however, that such period may be extended by mutual agreement of the applicant and the agency. The determination shall state whether the proposed action is:
(b)Â
The agency may meet with the applicant and meet and consult
with any other person for the purpose of aiding it in making the determination.
(2)Â
In the case of a Type I or Type III action, the agency shall circulate
such determination as follows:
(3)Â
Following a determination that a proposed action is an exempt or
Type II action or will not have a significant effect on the environment,
the proposed action may be processed without further regard to this
chapter.
(4)Â
Following a determination that a proposed action may have a significant effect on the environment, the agency shall prepare a draft environmental impact statement or, in the case of an action involving an applicant, shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement, in accordance with the requirements of § 23-7 herein. If the applicant decides not to submit an environmental impact report, the agency shall prepare or cause to be prepared the draft environmental impact statement, or in its discretion notify the applicant that the processing of the application will cease and that no approval will be issued. The applicant shall submit a fee, in accordance with § 23-12 herein, to defray the expense to the agency of preparing and/or reviewing the draft environmental impact statement.
C.Â
Notice of completion:
(1)Â
Upon completion of a draft environmental impact statement, a notice
of completion shall be prepared by the agency and shall contain the
following:
(a)Â
A brief description of the action covered by the statement and
the location of its potential impacts and effects;
(b)Â
A statement indicating where and how copies of the statement
can be obtained from the agency; and
(c)Â
A statement that comments on the DEIS are requested and will be received and considered by the agency at a given address for a period of not less than 30 calendar days from the date of circulation of the notice of completion or not less than 10 calendar days following a public hearing held pursuant to § 23-8D herein.
(2)Â
The notice of completion shall be circulated as follows:
(a)Â
To all other agencies involved in the action;
(b)Â
To all persons who have requested it;
(c)Â
To the Editor, State Bulletin, NYSDEC, 50 Wolf Road, Albany,
New York 12224;
(d)Â
To the New York State Clearinghouse, Capital Building, Albany,
New York 12224;
(e)Â
To the A-95 Coordinator, Tri-State Regional Planning Commission,
One World Trade Center, New York, New York 10048; and
(f)Â
To the official newspaper.
D.Â
Public hearing. If the agency, at its discretion, decides to hold
a public hearing on a draft environmental impact statement, notice
thereof shall be circulated in the same manner as the notice of completion
and shall be published in the official newspaper 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 by which such comments must be
received. The hearing shall commence no less than 15 calendar days
nor more than 60 calendar days from the date of the circulation of
the DEIS, except as otherwise provide where the agency determines
that additional time is necessary for the public or some other agency
to review the DEIS, or where a different hearing date is required
as appropriate under other applicable law.
E.Â
Analysis of the DEIS. If, on the basis of a draft environmental impact statement or a public hearing thereon the agency determines, in writing, that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter. For public information purposes, copies of the determination shall be circulated as provided in § 23-8B(3) and (4) herein.
F.Â
Final EIS. If the agency determines that an action may have a significant effect on the environment, the agency shall prepare or cause to be prepared a final environmental impact statement. If the action involves an application, the agency may direct the applicant to prepare the final EIS. Such final EIS shall be prepared within 45 days after the close of any hearing or within 60 days after the circulation of the draft environmental impact statement, whichever last occurs; provided, however, that the agency may extend this time as necessary to complete the statement adequately, or where problems identified with the proposed action require material reconsideration or modification, or where mutually agreed to by the applicant and the agency. Where the action involves an application, such final EIS shall be accompanied by a fee, in accordance with § 23-12 herein.
G.Â
Notice of completion. A notice of completion of a final EIS shall be prepared. Copies of this notice and copies of the final EIS shall be circulated in the same manner as provided in § 23-8C herein.
H.Â
Approval/disapproval of action.
(1)Â
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 and consideration of such final EIS. Where the agency
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 date of filing
of the final EIS.
(2)Â
An agency shall not carry out or approve an action which may have
a significant effect on the environment unless it determines, in writing,
that:
(a)Â
Consistent with social, economic and other essential considerations
of Town 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 EIS; and
(b)Â
All practicable means will be taken in carrying out or approving
the action to minimize or avoid adverse environmental effects.
A.Â
When an action which may have a significant effect on the environment
involves the decision or approval of more than one agency, all involved
agencies shall, to the fullest extent possible, coordinate their environmental
reviews through a lead agency to the end that the requirements of
this chapter are met by a single draft environmental impact statement,
a single final environmental impact statement and a single hearing
process. In order to expedite this coordination, agencies shall require
applicants to specify in their applications which other agencies,
to the best of their knowledge, will have jurisdiction over the proposed
action.
B.Â
Upon receipt of a complete application for an action which an agency
determines may have a significant effect on the environment, the agency
shall immediately notify all other agencies which may be involved
in the proposed action and request full coordination of the environmental
review of such action. The designation of the lead agency shall be
made by mutual agreement between the agencies within 30 calendar days
following the filing of a complete application.
C.Â
If a question arises between or among two or more agencies as to
which agency is the lead agency, the agencies shall resolve the question
themselves and designate a lead agency, in writing, on the basis of
the following:
(1)Â
The agency to first act on the proposed action;
(2)Â
A determination of which agency has the greatest responsibility for
supervising or approving the action as a whole;
(3)Â
A determination of which agency has more general governmental powers
as compared to single or limited powers or purposes;
(4)Â
A determination of which agency has the greatest capability for providing
the most thorough environmental assessment of the action; and
(5)Â
A determination of whether the anticipated impacts of the action
being considered are primarily of statewide, regional or local concern,
e.g., if such impacts are primarily of local concern, the local agency
should be the lead agency.
D.Â
If such agencies are unable to resolve the question within the prescribed
thirty-calendar-day period, they shall:
(1)Â
Where the agencies are all agencies of the Town of Rye, submit the
question to the Town Board for its determination; or
(2)Â
Where nonlocal agencies are involved, submit the question in written
form to the Commissioner of the Department of Environmental Conservation
who shall, within five business days, on the basis of the criteria
specified above, designate the lead agency.
E.Â
In the case of an action involving an applicant, the lead agency
shall immediately notify the applicant, in writing, that it is the
lead agency and may request the applicant to prepare the draft EIS
or do so itself.
A.Â
Where there has duly been prepared under the National Environmental Policy Act of 1969 both a draft environmental impact statement and a final environmental impact statement for an action under consideration, the agency shall have no obligation to prepare an environmental impact statement or make findings under this chapter with respect to the action so long as the environmental impact statements either contain or are supplemented by the items concerning growth-inducing aspects and energy use and conservation listed in § 23-7D(7) and (8) herein.
B.Â
Where there has duly been prepared under the National Environmental
Policy Act of 1969 a negative declaration or other written determination
that the action will not require a federal impact statement, the agency
shall determine whether or not the action may have a significant effect
on the environment pursuant to this chapter.
Actions undertaken or approved prior to the effective dates
of this chapter shall be exempt actions; provided, however, that if
after such dates an agency modifies an action undertaken or approved
prior to that date, and the agency determines that the modification
may have a significant adverse effect on the environment, such modification
shall be an action subject to this chapter.
A.Â
When a Type I or Type III action involves an applicant, the agency
may charge fees in order to recover the costs incurred in preparing
or causing to be prepared, or reviewing, an environmental impact statement
regarding the action.
B.Â
The fees may be in cash or, at the discretion of the agency and subject
to the approval of the Town Attorney as to form and sufficiency, in
the form of a bond.
The agency shall maintain files, which shall be open for public
inspection, of all notices of completion, draft and final environmental
impact statements, and the written determinations resulting therefrom.
As provided by § 8.0117 of Article 8 of the Environmental
Conservation Law, the provisions of this chapter shall take effect
June 1, 1977, as pertains to actions directly undertaken by agencies,
and shall take effect September 1, 1977, as pertains to actions requiring
permits or other approvals from agencies.
An agency may adopt forms to aid in determining whether an action
is Type I, II, or III and whether it will have a significant effect
on the environment. These forms shall include at least a short form,
to be titled "Environmental Clearance Form," for record-keeping purposes
for Type II and exempt actions, and a long form, to be titled "Preliminary
Environmental Assessment Form," for Type I and III actions.
The provisions of this chapter shall be severable, and if any
clause, sentence, paragraph, subdivision or part of this chapter shall
be adjudged by any court of competent jurisdiction to be invalid,
such judgement shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision or part thereof directly involved in the controversy
in which such judgement shall have been rendered.