Village of Port Jefferson, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Port Jefferson 6-12-1985 by L.L. No. 6-1985 (Ch. 78 of the 1970 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 145.
Sandpits and quarries — See Ch. 207.
Subdivision of land — See Ch. 220.
Trees, grading and land clearing — See Ch. 241.
Zoning — See Ch. 250.

§ 129-1 Intent and purpose.

A. 
The intent of this chapter, consonant with that of the New York State Environmental Quality Review Act,[1] is that all agencies of the Village shall conduct their affairs with an awareness that they are stewards of the air, water, land and living resources of the Village and that they have an obligation to protect its environment for use and enjoyment by this and future generations.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
B. 
The specific purpose of this chapter is to incorporate the consideration of environmental factors into the planning, reviewing and decisionmaking processes of Village agencies at the earliest possible stage in those processes so that a suitable balance of social, economic and environmental factors may be incorporated in the decision. It is not the intention of this chapter that environmental factors be the sole consideration in the decisionmaking process.[2]
[2]
Editor's Note: Original § 78-1B, which dealt with the availability of copies of this chapter and immediately followed this subsection, was repealed 3-7-1988 by L.L. No. 1-1988.

§ 129-2 Adoption of regulations by reference; modifications.

[Added 3-7-1988 by L.L. No. 1-1988]
A. 
The Village hereby adopts by reference Article 8 of the New York State Environmental Conservation Law, known as the "State Environmental Quality Review Act," and the rules and regulations set forth in 6 NYCRR 617 known as "State Regulations," all except as hereinafter modified.
B. 
Except from Section 617.12(b), Type I Actions, and substitute the following:
The following actions are Type I if they are to be directly undertaken, funded or approved by an agency:
(1) 
The adoption of a land use plan or comprehensive resource management plan.
(2) 
The adoption of changes to the list of allowable uses within any zoning 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 in this list.
(4) 
The acquisition, sale, annexation or other transfer of five or more contiguous acres of land by a state or local agency.
(5) 
The construction of 15 or more new residential units.
(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 the following thresholds:
(a) 
A project or action which involves the physical alteration of three or more acres.
(b) 
A project or action which would require the use of ground- or surface water in excess of 50,000 gallons per day.
(c) 
Parking for 50 or more vehicles.
(d) 
Construction of any facility having 10,000 or more square feet of gross floor area.
(7) 
The construction of any structure exceeding 35 feet above original ground level.
(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 of Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in said National Register or that is listed on the State Register of Historic Places or in the Suffolk County Archeological Association's Cultural Resource Inventory of Eastern Long Island.
(9) 
Any unlisted action, which exceeds 25% of any threshold presented herein, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space.
(10) 
Any unlisted action which exceeds Type I threshold by any 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 designated by a local or state agency pursuant to 6 NYCRR 617.4(h).
(12) 
Any action involving land with slopes of 20% or greater over a minimum area of 30% of the gross area of the parcel.
(13) 
Any construction or disturbance of land within 50 feet of any bluff, wetland, pond, stream, creek, beach or waterway.
(14) 
The construction of retaining walls totaling six feet or more in height on any one slope.