All actions may be classified as set forth in
Subsections A through C below, and as are defined in 6 NYCRR 617.2.
A. Type II: actions which have been determined legislatively not to have a significant effect on the environment, consisting of actions listed in 6 NYCRR 617.5 or in §
148-6 of this chapter;
B. Type I: actions which are more likely to require preparation of an environmental impact statement, consisting of actions listed in 6 NYCRR 617.4, in §
148-5 of this chapter, or in any similar listing adopted by an involved agency;
C. Unlisted: actions not otherwise listed as Type I or
Type II actions but which require environmental significance to be
determined.
A person or department of the Town of Ithaca
designated by the Town Board shall:
A. Aid in determining whether the proposed action is Type II, using the strictest interpretation of Part 617 and this chapter. Where any doubt exists, such determination shall be referred to the lead agency as designated under the provisions of §
148-8 of this chapter and to the Town Board in all other cases.
B. Aid in designating the lead agency and make recommendations
therefor.
C. Perform preliminary review of all applications, EAFs,
S/EAFs, D/EISs, EISs and supporting documents to determine probable
sufficiency as to scope, form and content.
D. Require that the applicant complete an EAF if:
(1) Any question in Part II of the S/EAF has been answered
"Yes" [except Part II(B)];
(2) The scope of proposal requires more detail; or
(3) In the first instance, if the S/EAF would not provide
the lead agency with sufficient information on which to base its determination
of significance.
E. Aid the applicant with any questions concerning forms
or the environmental review process.
F. Determine whether applications, including all pertinent
environmental documents, appear to be sufficient; and forward such
application materials to the appropriate Town lead agency with a recommendation
concerning environmental significance within a reasonable time to
allow for review at the Town lead agency meeting at which the application
is scheduled to be considered.
G. Assist agencies and applicants to identify other agencies,
including federal and state agencies, that may be involved in the
approving, funding or carrying out of Type I and unlisted actions.
The burden for determining other involved agencies shall nevertheless
rest solely on the applicant.
H. Assist in the scoping of the D/EIS (when a Town agency
is either a lead agency or an involved agency.)
In addition to those actions listed in 6 NYCRR
617.4, the following are hereby designated as Type I actions, except
when listed as Type II actions in 6 NYCRR 617.5:
A. Any of the following changes in the uses allowed by
local law, ordinance, rule, regulation, special permit, variance or
otherwise, within any zoning district or districts which result in
such change in use applying to a parcel or parcels of land of 10 or
more acres in the district or districts:
(1) Authorization of industrial or commercial uses within
a residential or agricultural district;
(2) Authorization of residential uses within an agricultural
district.
B. The construction of new residential units which meet
or exceed the following thresholds:
(1) Ten units not to be connected (at commencement of
habitation) to community or publicly owned utilities;
(2) Thirty units to be connected (at the commencement
of habitation) to community or publicly owned utilities.
C. The construction, alteration, or demolition of nonresidential facilities which meet or exceed any of the thresholds set forth in Subsection
C(1) through
(4) below, or the expansion of an existing nonresidential facility by more than 50% of any such thresholds:
(1) An action which involves the physical alteration of
ten (10) acres;
(2) An action which would use ground- or surface water
in excess of 100,000 gallons per day;
(3) Parking for 100 vehicles; or
(4) A facility with more than 25,000 square feet of gross
floor area.
D. Any unlisted action which takes place in, or within
250 feet of, any critical environmental area designated by a governmental
agency pursuant to 6 NYCRR 617.14(g).
E. Any facility, development or project which is to be
located in, or immediately adjacent to, a designated wetland.
F. Mining of more than 2,500 cubic yards of minerals
removed from the earth within 12 successive calendar months. The definition
of mining and minerals shall be the same as that in the New York State
Mined Land Reclamation Law, found at § 23-2705, Subdivisions
7 and 8, of the Environmental Conservation Law.
G. Any facility, development or project which would generate
more than 2,000 vehicle trips per any twenty-four-hour period.
H. Any facility, development or project which, when completed,
would generate dual-wheel truck traffic of more than 10 vehicles per
any eight-hour period per day.
I. Any facility, development or project which would exceed
New York State or federal ambient air quality standards, whichever
is more restrictive.
J. Any facility, development or project which would exceed
New York State or federal water quality standards, whichever is more
restrictive.
[Amended 9-11-2023 by L.L. No. 14-2023]
In addition to those actions listed in 6 NYCRR
§ 617.5, the following are hereby designated as Type II
actions:
A. All tree
planting, landscaping, and trimming by the Town of Ithaca Highway
Department.
B. All signs
except off-premises signs.
The lead agency shall be determined pursuant
to the provisions of 6 NYCRR 617.6.
A negative declaration of environmental significance
shall be prepared, filed and distributed as prescribed in 6 NYCRR
617.12(b) and, where applicable, published as prescribed in 6 NYCRR
617.12(c).
A notice of conditioned negative declaration
of environmental significance shall be prepared, filed and published
in the environmental notice bulletin pursuant to 6 NYCRR 617.12(b)
and 617.12(c). The notice shall state that the conditioned negative
declaration has been issued, what conditions have been imposed and
the length of the comment period established by the lead agency. In
no case shall the comment period be less than 30 days. Notwithstanding
the above, the conditioned negative declaration must be rescinded,
and a D/EIS shall be prepared if any of the conditions set forth in
6 NYCRR 617.7(d)(2) are met within the public comment period. Conditioned
negative declarations may also be amended or rescinded pursuant to
6 NYCRR 617.7(e) and (f).
Public hearings on the D/EIS are not required
but, if held, shall be held concurrently with any hearings required
to be held by the lead or other involved agencies to the fullest extent
practicable. The decision as to whether to hold a public hearing on
the D/EIS will be made pursuant to the guidelines in 6 NYCRR 617.9(a)(4).
For purposes of coordinating public hearings on a D/EIS and other
required public hearings, the lead agency may, in its sole discretion,
determine that an application for funding or approval shall be deemed
complete upon the acceptance by the lead agency of a D/EIS as satisfactory
with respect to scope, content, and adequacy.
The fees for review or preparation of a D/EIS
or EIS involving an applicant for approval or funding of an action
shall be determined by the lead agency for each such application.
The fees shall be based on the actual cost to the Town for reviewing
or preparing the D/EIS or EIS, including the cost of hiring consultants,
the salary time of Town employees and actual disbursements incurred
as a result of the review or preparation of the EIS, but in no event
shall the fees be greater than those established in 6 NYCRR 617.13.
Critical environmental areas may be designated
by the Town Board pursuant to 6 NYCRR 617.14(g).
Environmental review of actions involving a
federal agency shall be processed in accordance with 6 NYCRR 617.15.