[HISTORY: Adopted by the Town Board of the Town of Irondequoit 4-21-1988 as L.L. No. 3-1988. Amendments noted where applicable.]
This chapter shall be known and cited as the "Town of Irondequoit Environmental Quality and Consistency Review Law."
The purpose of this chapter is to implement for the Town of Irondequoit the provisions of the State Environmental Quality Review Act and Waterfront Revitalization and Coastal Resources Act, thereby incorporating environmental factors and consideration of coastal resources into existing planning and decisionmaking processes.
This chapter is adopted under authority of the Municipal Home Rule Law, State Environmental Quality Review Act and Regulations, as amended or changed, and the Waterfront Revitalization and Coastal Resources Act of the State of New York (Article 42 of the Executive Law, as amended or changed).
All boards, departments, offices, other bodies or officers of the Town of Irondequoit must comply with the State Environmental Quality Review Act and Regulations, as amended or changed, and this chapter, to the extent applicable, prior to carrying out, approving and funding any action other than an exempt or excluded action as those terms are defined in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), as amended or changed, or a Type II action as that term is defined in this chapter.
[Amended 12-15-1998 by L.L. No. 8-1998]
As used in this chapter, the following terms shall have the meanings indicated:
- A. Projects or physical activities, such as construction or other activities, which change the use or appearance of any natural resources or structure, which:
- B. Planning activities of an agency that commit the agency to a course of future decisions.
- C. Agency rules, regulations, procedure and policymaking.
- D. Any combinations of the above.
- Any board, agency, department, office, other body or officer of the Town of Irondequoit.
- COASTAL AREA
- The New York State coastal waters and adjacent shorelands as defined in Article 42 of the Executive Law, as amended or changed. The specific boundaries of the town's area are shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Town of Irondequoit Local Waterfront Revitalization Program.
- COASTAL ASSESSMENT FORM (CAF)
- The form used by an agency to assist it in determining the consistency of an action with the LWRP.
- CONSISTENT TO THE MAXIMUM EXTENT PRACTICABLE
- The action will not substantially hinder the achievement of any of the policies and purposes of the approved local waterfront revitalization program for the Town of Irondequoit (LWRP) and, whenever practicable, will advance one or more of such policies.
- DEPARTMENT OF PLANNING AND ZONING
- The Department of Planning and Zoning of the Town of Irondequoit. The Department of Planning and Zoning may review and make recommendations to appropriate agencies regarding the consistency of Type I unlisted actions with the policies and purposes of the Town of Irondequoit Local Waterfront Revitalization Program.
- ENVIRONMENTAL ASSESSMENT FORM (EAF)
- The long form appearing at 6 NYCRR 617.21, Appendix A (or 6 NYCRR 617), as amended or changed, used by an agency to assist it in determining the environmental significance or nonsignificance of actions. A properly completed EAF shall contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment.
- ENVIRONMENTAL IMPACT STATEMENT (EIS)
- A written document prepared in accordance with 6 NYCRR 617.8 and 617.4, as amended or changed. An EIS either may be in draft or final form. A generic EIS may also be prepared in accordance with 6 NYCRR 617.15, as amended or changed.
- LEAD AGENCY
- The agency principally responsible for carrying out, funding or approving an action and therefore responsible for determining whether an EIS is required in connection with the action and for causing the preparation and filing of the EIS if one is required. The lead agency shall determine whether a proposed action is consistent to the maximum extent practicable with LWRP policy, standards and conditions. An agency proposing to take an action which does not involve any other agency shall be the lead agency.
- LOCAL WATERFRONT AREA (LWA)
- That portion of the Town of Irondequoit New York Coastal Area within the Town of Irondequoit delineated in the Town of Irondequoit Local Waterfront Revitalization Program.
- LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
- The local program as approved by the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act (Executive Law Article 42, as amended or changed).
- STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
- Article 8 of the Environmental Conservation Law, as amended or changed.
- STATE ENVIRONMENTAL QUALITY REVIEW REGULATIONS (PART 617)
- 6 NYCRR 617, as amended or changed.
- The Town of Irondequoit.
- TYPE I ACTION
- Includes all those listed in 6 NYCRR 617.12, as amended or changed.
- TYPE II ACTION
- Includes all those listed in 6 NYCRR 617.13, as amended or changed.
- UNLISTED ACTION
- All actions not listed as a Type I or Type II action and not an exempt or excluded action as those terms are defined in 6 NYCRR 617, as amended or changed.
[Amended 12-15-1998 by L.L. No. 8-1998]
With regard to an application for an action involving funding or approval by the town or which will be undertaken, the Town Department of Planning and Zoning will:
Advise each applicant, when an application is involved, and each agency whether a proposed action is subject to the provisions of SEQR and whether a proposed action would be located within the LWA.
When any agency contemplates directly carrying out, funding or approving any Type I action, a full environmental assessment form (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 6 NYCRR 617.21 or 6 NYCRR 617, as amended or changed, 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 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 EAF may be used, as appropriate. An applicant may choose to prepare a draft EIS in place of an EAF.
Upon receipt by an agency of a completed EAF and, where appropriate, a completed CAF, the agency will determine whether it involves one or more agencies. The agency will distribute a copy of the application and completed EAF/CAF to all involved agencies for the designation of lead agency in accordance with the procedure set forth in 6 NYCRR 617.6 (Type I actions) or 617.17 (Unlisted actions), as amended or changed.
Where no federal or state agency funds, permits or approvals are necessary:
The Town Board will be the lead agency for the determination of environmental significance and consistency for the following actions:
Construction or expansion of municipal buildings, structures and other facilities, including highways within the town.
Purchase, sale and/or lease of real property by the town.
The Town Zoning Board of Appeals will be the lead agency for the determination of environmental significance and zoning appeals and variance applications.
The Genesee Finger Lakes Regional Planning Board will be the area-wide 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 of the unlisted action. The clearinghouse will make recommendations on designation of lead agencies for particular actions.
Environmental review of actions involving a federal agency will be processed in accordance with 6 NYCRR 617.16, as amended or changed.
[Amended 12-15-1998 by L.L. No. 8-1998]
For proposed actions located within the LWA, the full EAF for a Type I action, each CAF and each draft EIS shall be referred to the Department of Planning and Zoning for review and recommendation regarding the consistency of such an action with the policies and purposes of the LWRP.
For proposed listed actions within the LWA, the full or short form EAF may be referred to the Department of Planning and Zoning along with the CAF when the agency contemplating the action deems the referral necessary and beneficial in determining the proposed action's consistency with the policies and purposes of the LWRP.
The recommendation of the Department of Planning and Zoning shall be provided to the agency contemplating the action within 30 days from the date of referral. In the event that such recommendation is not forthcoming within the allotted time period, the agency shall proceed as provided under §§ 123-10 through 123-13 of this chapter.
[Amended 12-15-1998 by L.L. No. 8-1998]
The lead agency must make a determination of environmental significance of the action. This determination must be based on the EAF and on such other information as the lead agency may require. The criteria listed in 6 NYCRR 617.11, as amended or changed, must be considered by the lead agency in making its determination of significance. The determination must be made within 15 days of the date of the lead agency designation or within 15 days of its receipt of all information required by the lead agency to make the determination, whichever is later.
If the lead agency makes a determination of nonsignificance and the action is to be located within the LWA, decisionmaking on the action shall proceed with regard to § 123-13 of this chapter. Recommendations of the Department of Planning and Zoning shall be considered required information for the determination of significance to when:
Environmental impact statement preparation and procedures.
When required pursuant to § 123-10 of this chapter, an EIS must be prepared in accordance with the environmental impact statement procedures as provided under 6 NYCRR 617.8, as amended or changed, and the requirements for preparation and content of environmental impact statements as provided under 6 NYCRR 617.14, as amended or changed.
Fees for review and preparation of EIS's.
The fees for publication of notices and for review or preparation of an EIS involving approval or funding of an action will be fixed from time to time by resolution of the Town Board.
Fees so fixed will be consistent with the limitations set by 6 NYCRR 617.17, as amended or changed. When the EIS is prepared by the applicant, fees will reflect actual expenses of reviewing it and for the publication of notices. When the EIS is prepared by an agency on behalf of the applicant, fees will reflect the cost of preparation, including publication of notices, but not the cost of environmental review by the agency. However, the lead agency may not charge a fee for its determination of significance.
Decisions and findings for actions subject to EIS's. Decisionmaking and findings for any proposed action which is the subject of a final EIS shall be made by the agency of the town contemplating such action in accordance with the provisions of 6 NYCRR 617.9, as amended or changed, and §§ 123-12 and 123-13 of this chapter, regardless of whether or not it is the lead agency.
All notices, CAF's, EAF's, draft EIS's, final EIS's and all other documents shall be prepared, filed, circulated and made available as prescribed under 6 NYCRR 617.10, as amended or changed, and this chapter.
[Amended 12-15-1998 by L.L. No. 8-1998]
Whenever a proposed action is located in the LWA, the lead agency shall make a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions set forth in Subsection E. No action shall be approved, funded or undertaken without this determination.
Prior to making the determination of consistency, the lead agency shall solicit and consider the recommendation of the Department of Planning and Zoning with the reference to the consistency of the proposed action. The lead agency shall make the determination of consistency based on the EAF, the CAF, the Department of Planning and Zoning recommendation and such other information as is deemed to be necessary in its determination. The lead agency shall issue its determination within seven days of the date of receipt of the Department of Planning and Zoning's recommendation.
After receipt of a completed CAF for an action, the Department of Planning and Zoning shall consider whether the proposed action is consistent to the maximum extent practicable with the LWRP policy standards and conditions set forth in Subsection E. The Department of Planning and Zoning shall require the applicant to submit any completed applications, EAF's and information deemed to be necessary to its consistency recommendation.
The Department of Planning and Zoning shall render its written recommendation to the lead agency within 30 days following the submission by the applicant of the required information, unless extended by mutual agreement of the applicant and the Department of Planning and Zoning. The recommendation shall indicate whether, in the opinion of the Department of Planning and Zoning, the proposed action is consistent to the maximum extent practicable or inconsistent with one or more of the LWRP policy standards or conditions. The recommendations shall state the manner and extent to which an inconsistency affects the LWRP policy standards and conditions. The Department of Planning and Zoning shall, along with its consistency recommendation, make any suggestions to the lead agency concerning modification of the proposed action to make it consistent to the maximum extent practicable with LWRP policy standards and conditions or to advance them to a greater degree. In the event that the Department of Planning and Zoning's recommendation is not forthcoming within the specified time, the applicant shall be deemed to have received a recommendation that it is consistent to the maximum extent practicable.
Actions to be undertaken within the LWA shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions, which are from and further explained and described in Section III of the Town of Irondequoit LWRP, a copy of which is on file in the Town Clerk's office and available for inspection during normal business hours. Agencies which directly undertake actions shall also consult with Section IV of the LWRP in making their consistency determination. The action shall be consistent with the policy to:
Restore, revitalize and redevelop deteriorated and underutilized waterfront areas for commercial and cultural, recreational and other compatible uses (Policy 1 and Subpolicies 1A through 1H).
Facilitate the siting of water-dependent uses and facilities on or adjacent to coastal waters (Policy 2 and Subpolicies 2A through 2C).
Strengthen the economic base of small harbor areas by encouraging the development and enhancement of those traditional uses and activities which have provided such areas with unique maritime identity (Policy 4 and Subpolicies 4A and 4B).
Encourage the location of development in areas where public services and facilities essential to such development are adequate, except when such development has special functional requirements or other characteristics which necessitate its location in other coastal areas (Policy 5 and Subpolicies 5A and 5B).
Expedite permit procedures in order to facilitate the siting of development activities at suitable locations (Policy 6).
Protect, preserve and, where practical, restore significant coastal fish and wildlife habitats, as identified on the coastal area map, so as to maintain their viability as habitats (Policy 7 and Subpolicy 7A).
Protect fish and wildlife resources in the coastal area from the introductions of hazardous wastes and pollutants which bioaccumulate in the food chain or which cause significant sublethal or lethal effects on those resources (Policy 8).
Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks and developing new resources. Such effects shall be made in a manner which ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them (Policy 9 and Subpolicy 9B).
Site buildings and other structures in the coastal area so as to minimize damage to property and the endangering of human life caused by flooding and erosion (Policy 11 and Subpolicies 11A through 11C).
Undertake activities or development in the coastal area so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features, including beaches, dunes and bluffs. Primary dunes will be protected from all encroachments that could impair their natural protective capacity (Policy 12 and Subpolicies 12A through 12C).
Undertake the construction or reconstruction of erosion structures only if they have a reasonable probability of controlling erosion for at least 30 years as demonstrated in design and construction standards and/or assured maintenance or replacement programs (Policy 13).
Undertake activities and development, including the construction or reconstruction of erosion-protection structures, so that there will be no measurable increase in erosion or flooding at the site of such activities or development or at other locations (Policy 14).
Mine, excavate or dredge in coastal water so as to not interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land (Policy 15).
Use public funds only for erosion-protective structures where necessary to protect human life and new development which requires a location within or adjacent to an erosion-hazard area to be able to function or existing development; and only where the public benefits outweigh the long-term monetary and other costs, including the potential for increasing erosion and adverse effects on natural protective features (Policy 16 and Subpolicy 16A).
Use, whenever possible, nonstructural measures to minimize damage of natural resources and property from flooding and erosion. Such measures shall include:
Safeguard the vital economic, social and environmental interests of the state and of its citizens; proposed major actions in the coastal area must give full consideration to those interests and to the safeguards which the state has established to protect valuable coastal resources (Policy 18).
Protect, maintain and increase the level and types of access to public water-related recreation resources and facilities so that these resources and facilities may be fully utilized by all the public in accordance with reasonably anticipated public recreation needs and the protection of historic and natural resources. In providing such access, priority will be given to public beaches, boating facilities, fishing area and waterfront parks (Policy 19 and Subpolicies 19A and 19B).
Provide access to the publicly owned foreshore and to land immediately adjacent to the foreshore or the water's edge that are publicly owned in a manner compatible with adjoining uses. Such lands shall be retained in public ownership (Policy 20 and Subpolicies 20A through 20C).
Encourage, facilitate and give priority to water-dependent and water-enhanced recreation uses over non-water-related uses along the coast, provided that it is consistent with the preservation and enhancement of other coastal resources and takes into account demand for such facilities. In facilitating such activities, priority shall be given to areas where access to the recreation opportunities of the coast can be provided by new or existing public transportation services and to the areas where the use of the shore is severely restricted by existing development (Policy 21 and Subpolicies 21A through 21D).
Assure development, when located adjacent to the shore, will provide water-related recreation as a multiple use whenever such use is compatible with reasonably anticipated demand for such activities and the primary purpose of the development (Policy 22 and Subpolicies 22A and 22B).
Protect, enhance and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the state, its communities or the nation (Policy 23 and Subpolicy 23A).
Protect, restore or enhance natural and man-made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area (Policy 25 and Subpolicies 25A and 25B).
Assure ice-management practices shall not damage significant fish and wildlife and their habitats, increase shoreline erosion or flooding or interfere with the production of hydroelectric power (Policy 28).
Assure that municipal, industrial and commercial discharge of pollutants, including but not limited to toxic and hazardous substances, into coastal waters conform to state and national water quality standards (Policy 30 and Subpolicies 30A and 30B).
Consider state coastal area policies and management objectives of approved local waterfront revitalization programs while reviewing coastal water classifications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint (Policy 31).
Use best management practices to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters (Policy 33 and Subpolicy 34 and 33A).
Limit the discharge of waste materials into coastal waters from vessels so as to protect significant fish and wildlife habitats, recreational areas and water supply areas (Policy 34 and Subpolicy 34A).
Undertake dredging and dredge spoil disposal in coastal waters in a manner that meets existing state dredging permit requirements and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands and wetlands (Policy 35).
Conduct activities related to the shipment and storage of petroleum and other hazardous materials in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur (Policy 36).
Use best management practices to minimize the nonpoint discharge of excess nutrients, organics and eroded soils into coastal waters (Policy 37).
Conserve and protect the quality and quantity of surface water and groundwater supplies, particularly where such waters constitute the primary or sole source of water supply (Policy 38).
Conduct the transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within coastal areas in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important recreation areas, important agricultural lands and scenic resources (Policy 39).
Ensure that land use or development in the coastal area will not cause national or state air quality standards to be violated (Policy 41).
Consider coastal management policies if the state reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act (Policy 42).
Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas (Policy 44).
Actions causing hindrance.
If the lead agency determines that the action would cause a substantial hindrance to the achievement of the LWRP policy standards and conditions, such action shall not be undertaken unless the agency determines with respect to the proposed action that:
No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions;
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions to the maximum extent practicable; and
The action will result in an overriding local, regional or statewide public benefit.
Such a finding shall constitute a determination that the action is consistent to the maximum extent practicable.
Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Department of Planning and Zoning, and any findings pursuant to § 123-10 of this chapter. Such files shall be made available for public inspection upon request.