[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.]
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followed this subsection, was repealed 3-7-1988 by L.L. No. 1-1988.
[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.
