[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 10-6-1987 by L.L. No. 24-1987. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 85.
Subdivision regulations — See
Appendix.
A.
The Town of Brookhaven contains vast and precious
natural and human environmental resources, specifically with regard
to woodland and open spaces, flora and fauna, wetlands, groundwater,
unique geological features, air quality, agriculturally fertile land,
historical and archeological resources and other areas of important
aesthetic and scenic quality. These valuable resources are located
throughout the Town of Brookhaven.
B.
The Town Board recognizes that there is now and will
continue to be significant development pressure within the Town which,
through unrestricted growth, may tend to destroy or impair the Town's
environmental resources as a result of sewage disposal, groundwater
contamination, air impacts, solid waste and traffic generation, loss
of wetlands and destruction of wooded and open areas.
C.
It is the intention of the Town Board of the Town
of Brookhaven to protect these valuable resources to the maximum extent
possible for the benefit and enjoyment of the Town residents.
D.
It is not the Town's intention to create an undue
burden upon applicants for land use proposals or to economically impact
in any way applicants for small projects for which no significant
environmental impact is anticipated, such as small divisions of land,
construction of or additions to individual residential structures.
E.
Actions which are specifically identified as unlisted
actions which may pose a significant impact upon the environment can
be processed in accordance with 6 NYCRR 617.6(b) and, therefore, receive
the same thorough environmental review.
F.
Designation of critical environmental areas and strict
implementation of the provisions of the New York State Environmental
Quality Review Act will help us protect the valuable resources of
the Town of Brookhaven. Certain areas within the Town of Brookhaven
have heretofore been designated as critical environmental areas by
resolution of this Town Board as follows:[1]
A.
B.
The Town Board is hereby designated "lead agency"
under Article 8 of the State Environmental Quality Review Act and
6 NYCRR 617.6 for any proposed actions within the Town of Brookhaven
for which the Town Board is an involved agency principally responsible
for carrying out, funding or approving.
C.
The various boards and departments of the Town shall
act as lead agency on any projects or actions for which they are an
involved agency principally responsible for carrying out, funding
or approving pursuant to Article 8 of the New York State Environmental
Quality Review Act and 6 NYCRR 617.6.
D.
The critical environmental areas designated under
this chapter shall supersede all previous Town-designated critical
environmental areas.
[Amended 10-19-2010 by L.L. No. 23-2010, effective 11-1-2010]
The following shall not be considered as Type I actions, unless a particular action meets the criteria for Type I actions as noted in § 80-4 of this chapter:
A.
Exempt actions pursuant to 6 NYCRR 617.
B.
Excluded actions pursuant to 6 NYCRR 617.
C.
Type II actions pursuant to 6 NYCRR 617.
D.
Ministerial acts.
E.
Subdivision of land involving four lots or less.
F.
Change in zoning of land from commercial or industrial
to residential.
G.
Amendments to existing site plans.
H.
Commercial and industrial site plans involving sites
of 20,000 square feet or less.
I.
Drainage acquisitions and highway improvements.
The Town Board hereby adopts the following list
of Type I and Type II actions, respectively, for the purposes of Town
procedures for implementation of the State Environmental Quality Review
Act. This list shall supersede all previously designated Type I and
Type II lists as promulgated by this Board on April 5, 1977, and subsequently
amended:
A.
Type I actions. The following actions are Type I if
they are to be directly undertaken, funded or approved by an agency:
(1)
The adoption of a municipality's land use plan, the
adoption by any agency of a comprehensive resource management plan
or the initial adoption of a municipality's comprehensive zoning regulations.
(2)
The adoption of changes in the allowable uses within
any zoning district, affecting 25 or more acres.
(3)
The granting of a zoning change, at the request of
an applicant, for an action that meets or exceeds one or more of the
thresholds given elsewhere in this list.
(4)
The acquisition, sale, lease, annexation or other
transfer of 100 or more contiguous acres of land by a state or local
agency.
(5)
Construction of new residential units which meet or
exceed the following thresholds:
(a)
Fifty units not to be connected (at commencement of
habitation) to existing community or public water and sewerage systems,
including sewage treatment works.
(b)
In a city, town or village having a population of
greater than 150,000 but less than 1,000,000: 1,000 units to be connected
(at the commencement of habitation) to existing community or 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 or more.
(b)
A project or action which would use ground- or surface
water in excess of 2,000,000 gallons per day.
(c)
Parking for 1,000 vehicles.
(d)
In a city, town or village having a population of
more than 150,000 persons: a facility with more than 240,000 square
feet of gross floor area.
(7)
Any nonagricultural use occurring wholly or partially
within an agricultural district (certified pursuant to Agriculture
and Markets Law, Article 25, §§ 303 and 304) which
exceeds 25% of any threshold established in this section.
(8)
Any unlisted action (unless the action is designed
for the preservation of the facility or site) occurring wholly or
partially within, or substantially contiguous to, any historic building,
structure, facility, site or district or prehistoric site that is
listed on the National Register of Historic Places, or that has been
proposed by the New York State Board on Historic Preservation for
a recommendation to the State Historic Preservation Officer for nomination
of inclusion in said National Register, or that is listed on the State
Register of Historic Places [the National Register of Historic Places
is established by 36 CFR 60 and 63 (1986).] (See 6 NYCRR 617.19.)
(9)
Any unlisted action which exceeds 25% of any threshold
in this section, occurring wholly or partially within, or substantially
contiguous to, any publicly owned or operated parkland, recreation
area or designated open space, including any site on the Register
of National Natural Landmarks pursuant to 36 CFR 62 (1986). (See 6
NYCRR 617.19.)
(10)
Any unlisted action which exceeds a Type I threshold
established by an involved agency pursuant to 6 NYCRR 617.4.
(11)
Any unlisted action which takes place wholly or partially
within or substantially contiguous to any critical environmental area
designed by a local or state agency pursuant to 6 NYCRR 617.4(h).
(12)
Historical districts and landmark sites as identified
in the HD Zoning Category.
B.
Type II actions. The following actions are Type II
actions:
(1)
Replacement of a facility, in kind, on the same site,
unless such facility meets or exceeds any of the threshold in 6 NYCRR
617.12.
(2)
The granting of individual setback and lot line variances.
(3)
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.
(4)
Repaving of existing highways not involving the addition
of new travel lanes.
(5)
Street openings for the purpose of repair or maintenance
of existing utility facilities.
(6)
Installation of traffic control devices on existing
streets, roads and highways.
(7)
Public or private forest management practices, other
than the removal of trees or the application of herbicides or pesticides.
(8)
Construction or placement of minor structures accessory
or appurtenant to existing facilities, including garages, carports,
patios, home swimming pools, fences, barns or other buildings not
changing land use or density, including upgrading of buildings to
meet building or fire codes.
(9)
Maintenance of existing landscaping or natural growth.
(10)
Mapping of existing roads, streets, highways, uses
and ownership patterns.
(11)
Inspections and licensing activities relating to the
qualifications of individuals or businesses to engage in their business
or profession.
(12)
Purchase or sale of furnishings, equipment or supplies,
including surplus government property other than land, radioactive
material, pesticides, herbicides or other hazardous materials.
(13)
Collective bargaining activities.
(14)
Investments by or on behalf of agencies or pension
or retirement systems or refinancing existing debt.
(15)
Routine or continuing agency administration and management,
not including new programs or major reordering or priorities.
(16)
License, lease and permit renewals, or transfers of
ownership thereof, where there will be no material change in permit
conditions for the scope of permitted activities.
(17)
Routine activities of educational institutions not
involving capital construction, including school closings, but not
changes in use related to such closings.
(18)
Information collection, including basic data collection
and research, water quality and pollution studies, traffic counts,
engineering studies, surveys, subsurficial investigations and soils
studies that do not commit the agency to undertake, fund or approve
any Type I or unlisted action.
(19)
Minor temporary uses of land having negligible or
no permanent effect on the environment.
(20)
The extension of utility distribution facilities to
serve new or altered single- or two-family residential structures
or to render service in approved subdivisions.
(21)
Promulgation of regulations, policies, procedures
and legislative decisions in connection with any Type II action.
C.
The potential
impacts of any Type I or unlisted action occurring within a Town-designated
Critical Environmental Area (CEA) on the environmental characteristics
of that CEA must be evaluated in the determination of significance.
[Added 10-19-2010 by L.L.
No. 23-2010, effective 11-1-2010]
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, the judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
to its operation to the clause, sentence, paragraph, section or part
of this chapter that shall be directly involved in the controversy
in which such judgment shall have been rendered.
