A. 
This chapter shall be known as the "Town of Mamaroneck Environmental Quality Review Law."
B. 
This chapter is adopted pursuant to the Municipal Home Rule Law, Article 8 (SEQRA) of the New York Environmental Conservation Law (providing for environmental quality review of actions which may have significant effect on the environment) and Part 617, the rules and regulations set forth in 6 NYCRR 617.
C. 
The purpose of this chapter is to implement SEQRA and Part 617 and to incorporate environmental factors in the existing planning and decisionmaking processes of the Town. This purpose is to be accomplished through provisions for identifying actions that may have a significant effect on the environment and by requiring that any action found to have such an effect will be carried out in a manner that will minimize the possible harmful effect.
D. 
Except as otherwise expressly provided by this chapter, the regulations contained in 6 NYCRR 617 et seq. and any amendments thereto are hereby adopted as the procedures, rules and regulations relative to Town environmental quality reviews undertaken by any agency.
The definitions set forth in 6 NYCRR 617.2 shall be amended to add the following:
ACTION
Development projects in areas that abut, adjoin or are adjacent to the Town of Mamaroneck that may result in substantial impacts to the street and areas that surround them with the Town of Mamaroneck, including, but not limited to, impacts upon natural resources, noise, traffic, cultural or aesthetic resources, existing patterns of population concentration and community or neighborhood character.
[Added 4-12-2000 by L.L. No. 4-2000]
ENVIRONMENTAL OFFICER
The Town Administrator or his designee who shall assist the lead agencies in the Town by processing the paperwork for this law and advising applicants for Town permits and approvals on compliance therewith. The Environmental Officer shall also:
A. 
Receive a copy of all reports, statements, forms and notices as may be required by this chapter.
B. 
Effect or cause to be effected the posting and publication and notification requirements of 6 NYCRR 617.8 and 617.10 and this chapter.
C. 
Recommend to the Town such amendments to the chapter consistent with 6 NYCRR 617 et seq. as may from time to time be necessary or advisable.
D. 
Recommend to the Town such local regulations consistent with 6 NYCRR 617 et seq. as may from time to time be necessary or advisable.
SEQRA
The State of New York Environmental Quality Review Act and regulations promulgated thereunder.
SIGNIFICANT FISH AND WILDLIFE HABITAT
A state-designated fish and wildlife habitat area as identified by the New York State Department of Environmental Conservation pursuant to 19 NYCRR 602.5.
TOWN
The unincorporated area of the Town of Mamaroneck.
The requirements of 6 NYCRR 617.10 shall be amended in that the last paragraph of (c)(3) shall state: "The notice of completion shall be filed as prescribed for negative declarations in paragraph (a)(2) of this section and shall be published in the official newspaper of the Town. A copy thereof shall be posted on a signboard and other appropriate means shall be utilized to provide notice to the public. The department shall publish all notices of its completion of all EIS's in the 'ENB'."
The criteria of 6 NYCRR 617.11 shall be amended to add the following:
A. 
Section 617.11(a)(2) shall include impacts on a Significant Fish and Wildlife Habitat or a Critical Environmental Area (CEA).
B. 
Section 617.11(a)(4) shall include but not be limited to the Larchmont-Mamaroneck Local Waterfront Revitalization Program or municipally adopted Master Plans.
[Amended 9-4-1996 by L.L. No. 16-1996; 2-5-1997 by L.L. No. 2-1997]
The list of Type I actions as set forth in 6 NYCRR 617.4 shall be adopted in whole hereby with the following modifications and amendments:
A. 
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 adoption of a municipality's comprehensive zoning regulations. Also, the adoption of comprehensive building codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area-wide water treatment plans, state and local environmental plans, local flood control plans and the like.
(2) 
The adoption of changes in the allowable uses within any zoning district affecting 15 or more acres of the district.
(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 on this list.
(4) 
The acquisition, sale, lease, annexation or other transfer of by a public agency of more than five contiguous acres of land.
(5) 
The construction of new residential units which meet or exceed the following thresholds:
(a) 
Ten units not to be connected (at commencement of habitation) to existing community or public water and sewerage systems, including sewage treatment works.
(b) 
Forty 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.
(b) 
A project or action which would use ground or surface water in excess of 5,000 gallons in any day.
(c) 
Parking for 75 vehicles or more.
(d) 
A facility with more than 100,000 square feet of gross floor area.
(e) 
Incinerators operating at a refuse-charging rate exceeding 75 tons of refuge per twenty-four-hour day.
(f) 
Storage facilities designed for or capable of storing 1,000 or more gallons of liquid natural gas, liquid petroleum gas or other fuels.
(g) 
An independent combustion installation operating at a total heating input exceeding 10,000,000 Btu per hour.
(h) 
Process, exhaust and/or ventilation systems emitting air contaminants assigned an environmental rating of A under 6 NYCRR 212 and whose total emission rate of such a contaminant exceeds one pound per hour.
(i) 
Process, exhaust and/or ventilation systems of which the total emission rate of all air contaminants exceeds 25 tons per day.
(j) 
An industrial facility which has a yearly average discharge flow, based on days of discharge, of greater than 25,000 gallons per day.
(7) 
Any structure exceeding 100 feet above original ground level in a locality without any zoning regulation pertaining to height.
(8) 
Any unlisted action that includes a nonagricultural use occurring wholly or partially within an agricultural district certified pursuant to the Agriculture and Markets Law, Article 25-AA, §§ 303 and 304, which exceeds 25% of any threshold established in this section.
(9) 
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, site or district or prehistoric site listed on the National Register of Historic Places or that has been proposed by the New York State Board of Historic Preservation for a recommendation by the State Historic Preservation Officer for nomination for 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 (1994); see 6 NYCRR 617.17.]
(10) 
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 (1994). (See 6 NYCRR 617.17.)
(11) 
Any unlisted action which exceeds a Type I threshold established by an involved agency pursuant to 6 NYCRR 617.14.
(12) 
The construction of new or expansion by more than 50% of the existing size, square footage or usage of existing (or any funding, licensing or planning activities in respect thereto):
(a) 
Heliports, including hovercraft and seaplanes.
(b) 
Facilities or institutions, including but not limited to hospitals, schools, correction facilities and office centers.
(c) 
Sanitary landfills.
(d) 
Chemical pulp mills, portland cement plants, iron and steel plants, primary aluminum ore reduction plants, sulfuric acid plants, petroleum refineries, lime plants, sulfur recovery plants, fuel conversion plants, by-product coke manufacturing plants and cogeneration plants.
(13) 
Any unlisted action which will result in permanent change to the channel or bed of lakes or streams with a water surface in excess of 1/4 acre.
(14) 
Any unlisted action which involves disturbance of soils covering more than 1/4 acre on an average slope of 40% or greater that impacts on adjacent areas or downstream areas.
(15) 
Any proposed publicly or privately owned sewage treatment works.
(16) 
The clearcutting of one or more contiguous acres of forest.
(17) 
The discharge of radioactive material into the air, water or sanitary sewer (except as provided for in 6 NYCRR 380.5) or burial of such materials.
The list of Type II actions as set forth in 6 NYCRR 617.13(d) shall be adopted in whole hereby and shall include the following actions:
A. 
The following actions are Type II actions:
(1) 
The replacement of a facility, in kind, on the same site unless such facility meets or exceeds any of the thresholds 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) 
The 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) 
The installation of traffic control devices on existing streets, roads and highways, other than multiple fixtures on long stretches.
(7) 
Public or private forest management practices, other than the removal of trees or the application of herbicides or pesticides.
(8) 
The 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 the upgrading of buildings to meet building or fire codes.
(9) 
The maintenance of existing landscaping or natural growth.
(10) 
The 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) 
The 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) 
The routine or continuing agency administration and management, not including new programs or major reordering of priorities.
(16) 
License, lease and permit renewals or transfers of ownership thereof, where there will be no material change in permit conditions or 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) 
The promulgation of regulations, policies, procedures and legislative decisions in connection with any Type II action in this chapter.
(22) 
The footprint of a residence.
(a) 
The construction of a single- or two-family residence or the alteration of a single- or two-family residence which increases the footprint of the residence by 20% or more, except if such construction or alteration:
[1] 
Is in conjunction with the construction or alteration of two or more such residences;
[2] 
Is to be located in any of the critical areas as described in § 92-7A(12), (14) and (16); or
[3] 
Is in an unsewered area.
(b) 
The alteration of a single- or two-family residence which increases the footprint by less than 20% shall be a Type II action wherever located.
(23) 
The alteration of a store, office or restaurant designed for an occupant load of 20 persons or fewer, except if such alteration:
(a) 
Is in conjunction with the alteration of two or more stores, offices or restaurants; or
(b) 
Is to be located in any of the critical areas as described in § 92-7A(12), (14) and (16).
(24) 
The operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
(25) 
The restoration or reconstruction of a structure, in whole or in part, being increased or expanded by less than 20% of its existing size, square footage or usage, except if in a critical area as set forth in § 92-7A(12), (14) and (16).
(26) 
Regulatory activities not involving construction or changed land use relating to one individual business, institution or facility, such as inspections, testing, operating certification or licensing.