Village of Dering Harbor, NY
Suffolk County
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[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Critical environmental area will be designated from time to time by resolution of the Village Board in accordance with the provisions of Subdivision 4(g) of Part 617 of the New York Codes, Rules and Regulations.
A. 
For purposes of this chapter, Type I actions include all those given in Section 4 of Part 617 of the New York Codes, Rules and Regulations as hereafter set forth, if they are to be directly undertaken, funded, or approved by an agency:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Adoption of a Village land use plan, or a comprehensive resource management plan or in initial adoption of the Village comprehensive zoning regulations.
(2) 
Adoption of changes in the allowable uses within any zoning district affecting 25 or more acres.
(3) 
Granting a zoning change at request of an applicant for an action which meets or exceeds one or more of the thresholds hereinafter set forth.
(4) 
Acquisition, sale, lease, annexation or other transfer of 100 or more contiguous acres of land by a Village agency.
(5) 
Construction of new residential units which meet or exceed any of the following thresholds:
(a) 
50 units not to be connected (at the commencement of habitation) to existing Village water or sewerage systems, including sewage treatment works.
(b) 
250 units to be connected (at the commencement of habitation) to existing public water and sewerage systems, including sewage treatment works.
(6) 
Activities other than the construction of residential 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:
(a) 
A project or action which involves the physical alteration of 10 acres.
(b) 
A project or action which would use groundwater or surface water in excess of 2,000,000 gallons per day.
(c) 
Parking for 1,000 vehicles.
(d) 
A facility with more than 100,000 square feet of gross floor area.[1]
[1]
Editor's Note: Former § 81-12A(6)(e) through (i), which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the above, the following actions shall also be Type I actions in the Village of Dering Harbor:
(1) 
Projects in the flood hazard areas of the Village.
(2) 
Any subdivision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Any new dock, pier or addition or extension thereto, or additional piling.
(4) 
Any operation which may affect, degrade or despoil ground water.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purposes of this chapter, Type II actions shall include only those listed in Section 5 of Part 617 of the New York Codes, Rules and Regulations as the same may from time to time be amended.
A. 
Any agency may prepare or cause to be prepared a generic or programmatic EIS where appropriate, pursuant to Section 10 of Part 617 of the New York Codes Rules and Regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The procedures of SEQRA, Part 617 of the New York Codes, Rules and Regulations and this chapter relating to the processing and review of draft and final environmental impact statement shall also apply to programmatic or generic statements.
C. 
Where a programmatic or generic statement is to be prepared, no site-specific statement within the scope of the programmatic or generic statement may be accepted as adequate in scope and content until the programmatic or generic statement has been accepted as complete.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose of this chapter, exempt actions shall be as defined as hereinafter set forth:
A. 
Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion.
B. 
Official acts of a ministerial nature involving no exercise of discretion.
C. 
Maintenance or repair involving no substantial changes in an existing structure or facility.
D. 
Emergency actions which are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter.
E. 
Actions of the Legislature of the State of New York, or of any court. Actions of local legislative bodies are not exempt.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose of this chapter, unlisted actions shall be as defined in Section 617.2(al) of the NYS SEQR, i.e, all actions not exempt nor listed as Type I or Type II actions.
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 shall be filed with the Commissioner of the Department of Environmental Conservation.