[HISTORY: Adopted by the Town Board of the Town of Sullivan as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be known as the "Local Law to Establish a List of Type II Actions to Supplement the List of Type II Actions Set Forth in the New York State Environmental Quality Review Act (SEQRA) Regulations."
It is hereby determined that:
On January 25, 2012, the New York State Department of Environmental Conservation (DEC) adopted new short and full environmental assessment forms (EAFs), effective as of October 7, 2013, designed to be used by agencies when determining whether the actions they directly undertake, fund or approve have a significant impact on the environment.
Actions subject to review under SEQRA and its implementing regulations fall into one of three categories:
Type I: those actions presumed to have a potential impact on the environment and that meet or exceed a threshold on the list of actions set forth at 6 NYCRR 617.4;
Type II: those actions determined to not have a significant impact on the environment; and
Unlisted actions neither designated as Type I or Type II.
The new short and full EAFs are both significantly more complex and comprehensive than their predecessor forms, requiring an enhanced level and extent of detail at the initial stages of environmental review.
As a result of the changes to the EAFs, it is expected that the environmental review for many actions will require a greater expenditure of taxpayer resources and place an increased burden on the Town Board, Planning Board and Zoning Board of Appeals as well as Town residents and other applicants wishing to engage in development activities within the Town.
The use of the short or full EAF is dictated by the type of action (Type I, Type II, Unlisted) being directly undertaken, funded or approved by the Town of Sullivan and its respective boards.
When reviewing what are known as "Type I actions" (those actions presumed to have a potential adverse impact on the environment and that meet or exceed a threshold on the list set forth at 6 NYCRR 617.4) agencies must use the full EAF while an "unlisted action" (those actions that do not meet or exceed the thresholds contained on the Type I list and are not listed on the Type II list) may be reviewed using the short or full EAF.
The list of actions set forth at 6 NYCRR 617.5(c) known as "Type II actions," have been determined by the DEC to not have a significant impact on the environment and therefore do not require the preparation or review of either a full or short EAF.
Pursuant to 6 NYCRR 617.5(b), an agency may adopt its own list of Type II actions to supplement the list of Type II actions designated by the DEC thereby creating a local list of Type II actions which do not require the preparation or review of an EAF.
The purpose of this article is to adopt a local list of Type II actions to supplement the list of Type II actions set forth at 6 NYCRR 617.5(c). This article is intended to be no less protective of the environment than the Type II actions set forth in the SEQRA regulations, and it is intended that the Type II actions adopted herein will in no case have a significant impact on the environment. In addition, this article does not and is not intended to supersede, contradict, or preempt those actions designated as Type I actions set forth at 6 NYCRR 617.4. By adopting this article, the Town of Sullivan will achieve its objective of more efficiently processing those actions for which formal environmental review is unneeded while conserving time and resources in order to more thoroughly evaluate those actions requiring extensive environmental review.
This article is intended to be consistent with and is adopted pursuant to the authority granted to the Town Board of the Town of Sullivan under the New York State Constitution, Municipal Home Rule Law § 10, the Laws of the State of New York and 6 NYCRR 617.5(b) of the SEQRA regulations.
In addition to those Type II actions set forth at 6 NYCRR 617.5(c), unless a Type I action is triggered by virtue of the criteria set forth at 6 NYCRR 617.4, the following actions shall be Type II actions for purposes of environmental review in the Town of Sullivan:
Subdivisions of four or fewer lots, provided the area in which the subdivision occurs is zoned for its intended use and the subdivision does not involve the construction of new roads, water or sewer infrastructure, and the subdivision is not part of a larger tract of land subdivided within the previous 12 months.
Lot line adjustments not involving a change in allowable density.
Lot consolidations and/or transfers of property where lot lines are rearranged, such that the parcels being consolidated, conveyed, transferred, and merged result in the same name and title as the adjoining property, thereby creating no new building lots and no new nonconformities.
Site plan approval for the placement of signs.
Area variance for signs, provided the area variance does not exceed 50% of the threshold for the size of the sign, setback requirements, frontage requirements, lot size requirements, density regulations and yard requirements.
Special use permits and site plan approval for home occupations/home businesses.