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130-2B{2} EIS

EIS An environmental impact statement.

130-2B{3} PART 617

PART 617 The rules and regulations set forth in 6 NYCRR 617 .

130-2B{4} SEQR

SEQR The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.

130-2B{5} VILLAGE

VILLAGE The Village of the Branch.

§ 130-3 Compliance required.

No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the Village, unless it has complied with SEQR and Part 617, to the extent applicable, and this chapter.

§ 130-4 Filing of environmental assessment form or draft environmental impact statement.

A. An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Village in connection with any Type I action such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance. B. An application for permit or funding of a Type I action shall be accompanied by an EAF, and for an unlisted action may be accompanied by a short or long form EAF as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF, the Village Board or ...

§ 130-5 Processing of draft environmental impact statement; hearing.

If the lead agency determines that an EIS is required, it shall proceed as provided in §§ 617.8, 617.9 and 617.10. [1] Commencing with the acceptance of the draft EIS, the time limitation for processing the EIS shall run concurrently with the time limitations applicable to processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application. [1] Editor's Note: See now 6 NYCRR §§ 617.9 , 617.11 and 617.12 .

§ 130-6 Designation of lead agencies.

The lead agency shall be determined and designated as provided in §§ 617.6 and 617.7, except that in the following Type I and unlisted actions the lead agency shall be as provided herein: A. Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Village Board of Trustees. B. Construction or expansion of Village buildings, structures and facilities within the Village not requiring a federal or state agency permit or approval: the Village Board of Trustees. C. Variances not requiring a federal or state agency permit or approval: the Zoning Board of Appeals. D. Purchase, sale and lease of real property by the Village not requiring a federal or state agency permit or approval: the Village Board of T...

§ 130-7 Clearinghouse for lead agency designation.

The Board of Trustees through the Village Attorney shall act as the Village clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.

§ 130-8 Actions involving federal agency.

Environmental review of actions involving a federal agency shall be processed in accordance with § 617.16. [1] [1] Editor's Note: See now 6 NYCRR § 617.15 .

§ 130-9 Fees.

The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be fixed from time to time by a resolution of the Village Board.

§ 130-10 Designation of critical areas.

Critical areas of environmental concern may be designated by resolution of the Village Board in accordance with § 617.4(j). [1] [1] Editor's Note: See now 6 NYCRR § 617.14(g) .

Ch 134 Erosion and Sediment Control

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch 11-13-2007 by L.L. No. 2-2011 . Amendments noted where applicable.] ATTACHMENTS Attachment 1- Schedule A, Stormwater Management Practices Acceptable for Water Quality Attachment 2 - Stormwater Control Facility Maintenance Agreement

§ 134-1 Findings of fact.

It is hereby determined that: A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; B. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species; C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; D. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream ban...

§ 134-2 Purpose.

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 134-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives: A. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised; B. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for ...

§ 134-3 Statutory authority.

In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Board of Trustees of the Village of the Branch has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Village of the Branch and for the protection and enhancement of its physical environment. The Board of Trustees of the Village of the Branch may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

§ 134-4 Applicability.

A. This chapter shall be applicable to all land development activities as defined in this chapter. B. The municipality shall designate a stormwater management officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The stormwater management officer may: (1) Review the plans; (2) Upon approval by the Board of Trustees of the Village of the Branch, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or (3) Accept the certification of a licensed professional that the plans conform to the requirements of this chapter. C. All land development a...

§ 134-5 Exemptions.

The following activities may be exempt from review under this chapter: A. Agricultural activity as defined in this chapter; B. Silvicultural activity except that landing areas and log haul roads are subject to this chapter; C. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility; D. Repairs to any stormwater management practice or facility deemed necessary by the stormwater management officer; E. Any part of a subdivision if a plat for the subdivision has been approved by the Village of the Branch on or before the effective date of this chapter; F. Land development activities for which a building permit has been approved on or before...

§ 134-6 Definitions.

For the purposes of this chapter, certain words and terms used herein are defined as follows:

134-6{1} AGRICULTURAL ACTIVITY

AGRICULTURAL ACTIVITY The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.