Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 3-28-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 9.
Building construction and fire prevention — See Ch. 85.
Flood damage prevention — See Ch. 133.
Freshwater wetlands — See Ch. 137.
Sewers — See Ch. 196.
Soil erosion and sediment control — See Ch. 206.
Solid waste — See Ch. 210.
Subdivision of land — See Ch. 217.
Water — See Ch. 234.
Zoning — See Ch. 240.

§ 117-1 Compliance required.

No decision to carry out or approve an action other than an action listed in Article II, §§ 117-4 and 117-5, shall be made by the local agency until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of NYCRR; provided, however, that nothing herein shall be construed as prohibiting:
A. 
The conducting of contemporaneous environmental, engineering, economic feasibility or other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not commit the municipality to approve, commence or engage in such action.
B. 
The granting of any part of an application which relates only to technical specifications and requirements, provided that no such partial approval shall entitle or permit the applicant to commence the action until all requirements of this chapter and Part 617 of Title 6 of NYCRR have been fulfilled.

§ 117-2 Maintenance of files.

The local agency shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the local agency pursuant to this chapter.

§ 117-3 Definitions.

As used in this chapter, certain words and terms used herein are defined as follows:
ACTION
Projects or activities undertaken by any agency; or projects supported in whole or in part through contracts, grants, subsidies, loans or other forms of funding assistance from one or more agencies; or projects involving the issuance to a person of a lease, permit, license, certificate or other entitlement for use or permission to act by one or more agencies; and policy-, regulation- and procedure-making. It covers any activity of an agency, except Type II and exempt actions as listed herein, including, without limitation:
A. 
Physical activities, such as construction or other activities which change the use or appearance of any natural resource or a structure.
B. 
Funding activities, such as the proposing, approval or disapproval of contracts, grants, subsidies, loans, tax abatements or exemptions or other forms of direct or indirect financial assistance.
C. 
Licensing activities, such as the proposing, approval or disapproval of a lease, permit, license, certificate or other entitlement for use or permission to act.
D. 
Planning activities, such as site selection for other activities and the proposing, approval or disapproval of master or long-range plans, zoning or other land use maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities.
E. 
Policymaking activities, such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines.
AGENCY
Any state or local agency.
AGENCY, LOCAL
The governing body and/or any department, officer, agency, board, district or commission of the Town of Wappinger, New York, which has authority to undertake or permit an action as defined herein.
AGENCY, STATE
Any state department, agency, board, public benefit corporation, public authority or commission.
APPLICANT
Any person making an application or other request for agency action.
COMMISSIONER
The Commissioner of Environmental Conservation.
DEPARTMENT
The Department of Environmental Conservation.
DIRECT ACTIONS
Actions directly undertaken by the local agency whether or not such actions are supported in whole or in part through contracts, grants, subsidies, loans or other forms of funding assistance from one or more state agencies; and actions supported in whole or in part through contracts, grants, subsidies, loans or other forms of funding assistance from one or more local agencies.
DRAFT ENVIRONMENTAL IMPACT STATEMENT
A preliminary environmental impact statement prepared pursuant to Article IV[1] of this chapter.
ENTITLEMENT ACTIONS
Actions involving the public issuance to a person of a lease, permit, certificate or other entitlement for use or permission to act by the local agency.
ENVIRONMENT
The physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth and existing community or neighborhood character.
ENVIRONMENTAL IMPACT STATEMENT
A detailed written statement setting forth the matters specified in Article V[2] of this chapter, including any comments on a draft environmental statement which are received thereon as well as the local agency's response to such comments, to the extent that such comments raise issues not adequately resolved in the draft environmental statement.
MINISTERIAL ACTION
An action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, such as the grant of a driver's license, although such law may require, to some degree, a construction of its language or intent.
MUNICIPALITY
The Town of Wappinger, County of Dutchess, New York.
NYCRR
The New York Codes, Rules and Regulations.
PERSON
Any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.
PESTICIDE
Any chemical agent used to control undesirable insects, plants or animals.
TYPICAL ASSOCIATED ENVIRONMENTAL EFFECTS
Changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles. For example, the diminution of a predator population is typically associated with the increase in a prey population.
[1]
Editor's Note: Said Article IV, Draft Environmental Impact Statement, was repealed 4-27-1992 by L.L. No. 6-1992. See Article VIII of the Environmental Conservation Law and the related Part 617 of Title 6 of NYCRR.
[2]
Editor's Note: Said Article V, Final Environmental Impact Statement, was repealed 4-27-1992 by L.L. No. 6-1992. See Article VIII of the Environmental Conservation Law and the related Part 617 of Title 6 of NYCRR.
[Amended 4-17-1986 by L.L. No. 2-1986; 4-27-1992 by L.L. No. 6-1992]

§ 117-4 Type I Actions.

Pursuant to the authority vested in the town under Sections 617.4(e) and 617.12 of Title 6 of NYCRR, the Town of Wappinger hereby identifies the following actions or projects as Type I actions because they carry with them the presumption that they are likely to have a significant effect on the environment and, therefore, they are more likely to require the preparation of an EIS than unlisted actions:
A. 
Construction of new (or expansion by more than 50% of existing size, square footage or usage of existing):
(1) 
Airports.
(2) 
Public institutions such as hospitals, schools and institutions of higher learning and correction facilities; main office centers.
(3) 
Road or highway sections (including bridges) which require an indirect source permit under 6 NYCRR Part 203.
(4) 
Parking facilities or other facilities with an associate parking area for 100 or more cars only if such facility would require an indirect source permit under 6 NYCRR Part 203.
(5) 
Dams with a downstream hazard of "C" classification under Environmental Conservation Law (ECL) § 15-0503.
(6) 
Stationary combustion installations.
(7) 
Chemical pulp mills.
(8) 
Cement plants.
(9) 
Iron and steel plants.
(10) 
Primary aluminum ore reduction plants.
(11) 
Incinerators operating at a refuse charging rate exceeding 30 tons of refuse per twenty-four-hour day.
(12) 
Sulfuric acid plants.
(13) 
Petroleum refineries.
(14) 
Lime plants.
(15) 
Bi-product coke manufacturing plants.
(16) 
Storage facilities designed for or capable of storing liquid natural gas, liquid petroleum gas or other liquid fuels.
(17) 
Sulfur recovery plants.
(18) 
Fuel conversion plants.
(19) 
Process, exhaust and/or ventilation systems emitting air contaminants assigned an environmental rating of "A" under 6 NYCRR 212 as based upon the toxicity level value (TLV) of such contaminants.
(20) 
Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds classification limits established by Department of Environmental Conservation.
(21) 
Any sanitary landfill or solid waste disposal system.
(22) 
Any facility, development or project which to be directly located in one of the following critical areas:
(a) 
Tidal wetlands, as defined in Article 25 of the ECL;
(b) 
Freshwater wetlands, as defined by Local Law 1-1976[1];
[1]
Editor's Note: See Ch. 137, Freshwater Wetlands.
(c) 
Floodplains, as defined by Article 36 of the ECL;
(d) 
Wild, scenic and recreational rivers areas, as defined in Title 27 of Article 15 of the ECL.
(23) 
Any facility, development or project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places, the Statewide Inventory of Historical and Cultural Resources or Landmarks of Dutchess County 1683-1867 as prepared by the Dutchess County Planning Board.
(24) 
Any development, project or permanent facility of a nonagricultural use in an agricultural district which requires a permit except those listed as Type II actions.
(25) 
Any facility, development or project which would generate more than 600 vehicle trips per hour or more than 4,000 vehicle trips per any eight-hour period.
(26) 
Any industrial facility, which has a discharge flow, from other than incidental purposes.
(27) 
Any publicly or privately owned sewage treatment works which has an average daily design flow of more than 2,000 gallons daily.
(28) 
Lakes or other bodies of water with a water surface in excess of five acres.
(29) 
Any mining or resource extraction industry.
B. 
Any funding, licensing or planning activities in respect of any of the types of construction listed in Subsection A above.
C. 
The application or use of pesticides for other than agricultural purposes:
(1) 
Rodenticides: use and/or storage in other than incidental use.
(2) 
Insecticides: storage and/or application to more than 100 contiguous acres.
(3) 
Herbicides: use and/or storage in other than incidental use.
D. 
The proposed adoption of comprehensive land use plans, zoning ordinances, building codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area-wide wastewater treatment plans, state environmental plans, local floodplain control plans and the like.
E. 
Commercial burial, transportation or handling of radioactive materials requiring a permit.
F. 
Any action which will result in excessive or unusual noise or vibration, taking into consideration the volume, intensity, pitch, time duration and the appropriate land uses for both the source and the recipient of such noise and vibration.
G. 
Acquisition or sale by a public agency of more than 50 contiguous acres of land, based upon anticipated use.
H. 
Any other action included in Part 617 of Title 6 of NYCRR.
I. 
Construction of new residential units which meet or exceed the following thresholds:
(1) 
In the areas designated as thick glacial till; thin glacial till and exposed bedrock; lacustrine silt and clay; floodplain alluvial or peat soils and made land on a map entitled "Town of Wappinger, Dutchess County, New York, 'Surficial Deposits' prepared by the Dutchess County Planning Department," adopted by the Town Board of the Town of Wappinger on April 7, 1986, the construction of four or more units not to be connected, at the commencement of habitation, to community or publicly owned utilities.
(2) 
In the areas designated as thick sand and gravel and thin sand and gravel on said approved Surficial Deposits Map, the construction of 12 or more units not be connected, at the commencement of habitation, to community or publicly owned utilities.
(3) 
In any area of the town, the construction of 50 or more units to be connected, at the commencement of habitation, to community or publicly owned utilities.
J. 
Construction of new nonresidential 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, provided that the expansion of the existing facilities, when combined, meet or exceed any threshold contained in this section:
(1) 
A project or action which involves the physical alteration of one or more acres.
(2) 
A project or action which would use groundwater or surface water in excess of 2,000 gallons per day.
(3) 
Parking for 80 vehicles.
(4) 
A facility with more than 10,000 square feet of gross floor area.
K. 
Any nonagricultural use occurring wholly or partially within an agricultural district (certified pursuant to Agricultural and Markets Law Article 25, § 303) which exceeds 10% of any threshold established in 6 NYCRR 617.12 or in this chapter.
L. 
Any project or action which exceeds 25% in 6 NYCRR 617.12 or in this chapter occurring wholly or partially within or substantially contiguous to any publicly owned or operated park land, recreation area or designated open space.

§ 117-5 Actions not requiring impact statement.

Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following are considered Type II actions or classes of actions which have been determined not to have a significant effect on the environment and do not require environmental impact statements:
A. 
Construction or alteration of a single-family or two-family residence and accessory appurtenant uses or structures not in conjunction with the construction or alteration of two or more such residences and not in one of the critical areas described in this article for Type I actions.
B. 
The extension of utility facilities to serve new or altered single-family or two-family residential structures or to render service in approved subdivisions.
C. 
Construction or alteration of a store, office or restaurant designed for an occupant load of 20 persons or fewer, if not in conjunction with the construction or alteration of two or more stores, offices or restaurants and if not in one of the critical areas described herein for Type I actions and the construction of utility facilities to serve such establishments.
D. 
Actions involving individual setback and lot line variances and the like.
E. 
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.
F. 
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
G. 
Repaving of existing highways not involving the addition of new travel lanes.
H. 
Street openings for the purpose of repair or maintenance of existing utility facilities.
I. 
Installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches.
J. 
Mapping of existing roads, streets, highways, uses, ownership patterns and the like.
K. 
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 and the like.
L. 
Sales of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
M. 
Collective bargaining activities.
N. 
Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities.
O. 
Investments by or on behalf of agencies or pension or retirement systems.
P. 
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
Q. 
Routine administration and management of agency functions not including new programs or major reordering of priorities.
R. 
Routine license and permit renewals where there is no significant change in preexisting conditions.
S. 
Routine activities or educational institutions which do not include capital construction.
T. 
Any other action included in Part 617 of Title 6 of NYCRR.

§ 117-6 Exempt actions.

Consistent with Part 617 of Title 6 of NYCRR, the Environmental Quality Review Act shall not apply to enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings; official acts of a ministerial nature involving no exercise of discretion; and maintenance or repair involving no substantial changes in existing structure or facility, as well as:
A. 
Actions requiring a certificate of environmental compatibility and public need under Articles VII and VIII of the Public Service Law and the consideration of, grant or denial of any such certificate.
B. 
Actions undertaken or approved prior to the effective dates of this chapter; provided, however, that if after such dates the local agency modifies an action undertaken or approved prior to that date and determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR. An action shall be deemed to be undertaken or approved prior to such date if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
C. 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
D. 
Actions of any court.[1]
[1]
Editor's Note: Articles III, Determining Significance of Actions, IV, Draft Environmental Impact Statement, V, Final Environmental Impact Statement, VI, Delegation of Responsibility, and VII, Effective Dates, which immediately followed this subsection, were repealed 4-27-1992 by L.L. No. 6-1992.

§ 117-7 SEQRA regulations applicable.

Except as modified herein, all substantive and procedural requirements set forth in Article VIII of the Environmental Conservation Law and the related Part 617 of Title 6 of NYCRR shall be applicable.