[HISTORY: Adopted by the Board of Trustees of the Village of Brockport 3-6-1978 by L.L. No. 2-1978. Amendments noted where applicable.]
Word usage. Unless the context shall otherwise require, the terms and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the New York State Environmental Conservation Law and 6 NYCRR 617.
The purpose of this section is to simplify the task of determining whether or not a proposed action may have a significant effect on the environment by identifying the types of actions which are likely to have a significant effect and those which will not have a significant effect. Due to the complex and varied nature of actions, the lists in this section are not all-inclusive. Any omission from the Type I or Type II lists of actions as set forth herein shall not be conclusive. In these instances or if, in the opinion of the Planning Board, a proposed project or activity may have a significant effect upon the environment, although it does not meet the specific standards set forth under Type I actions, the Planning Board may, at its discretion, require that an environmental impact statement be prepared.
The following classification system is used in this section:
Type I: actions or classes of actions which are likely to require preparation of environmental impact statements because they will, in almost every instance, have a significant effect on the environment.
Type II: actions or classes of actions which have been determined as not to have a significant effect on the environment and which do not require environmental impact statements under this chapter.
The following are Type I actions:
Construction of new or expansion by more than 50% of the existing size, square footage or usage of existing:
Airports, including buildings, runways, parking areas or any combination of these.
Public institutions, such as hospitals, schools and institutions of higher learning and correction facilities and major office centers.
Road or highway sections, including bridges, which require an indirect source permit under 6 NYCRR 203.
Parking facilities or other facilities with an associated parking area for 250 or more cars, only if such facility would require an indirect source permit under 6 NYCRR 203.
Dams with a downstream hazard of C classification under the Environmental Conservation Law (ECL), § 15-0503.
Stationary combustion installations operating at a total heating input exceeding 1,000,000,000 Btu's per hour.
Chemical pulp mills.
Portland cement plants.
Iron and steel plants.
Primary aluminum ore reduction plants.
Incinerators operating at a refuse charging rate exceeding 250 tons of refuse per twenty-four-hour day.
Sulfuric acid plants.
By-product coke manufacturing plants.
Storage facilities designed for or capable of storing 1,000,000 or more gallons of liquid natural gas, liquid petroleum gas or other liquid fuels.
Sulfur recovery plants.
Fuel conversion plants.
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 contaminants exceeds one pound per hour.
Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds 50 tons a day.
Any facility, development or project which is to be directly located in one of the following critical areas:
Tidal wetlands as defined in Article 25 of the Environmental Conservation Law.
Freshwater wetlands as defined in Article 24 of the Environmental Conservation Law.
Floodplains as defined in Article 36 of the Environmental Conservation Law.
Wild, scenic and recreational river areas designated in Title 27 of Article 15 of the Environmental Conservation Law.
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 or in the Statewide Inventory of Historical and Cultural Resources.
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.
Any facility, development or project which would generate more than 5,000 vehicle trips per any hour or more than 25,000 vehicle trips per any eight-hour period.
Any facility, development or project which would use groundwater or surface water in excess of 2,000,000 gallons in any day.
Any industrial facility which has a yearly average discharge flow, based on days of discharge, of greater than 0.5 million gallons a day.
Any publicly or privately owned sewage treatment works which has an average daily design flow of more than 0.5 million gallons a day.
Lakes or other bodies of water with a water surface in excess of 200 acres.
Any sanitary landfill.
Solid waste transfer stations.
Construction, reconstruction or expansion of any Village roads, highways or bridges which would:
Increase the number of travel lanes by two or more lanes.
Involve significant changes to existing drainage patterns.
Result in a projected increase in average daily traffic (ADT) of 2,500 or more vehicles within 10 years after completion of the project.
Have a present traffic volume of 10,000 or more vehicles or be projected to have such a traffic volume within 10 years after the date of completion of the project.
Acquisition or sale by the Village of more than 100 contiguous acres of land.
Construction of any residential subdivisions which cumulatively result, for a given parcel owner, in:
A residential lot in an area where slopes exceed a fifteen-percent grade.
A residential lot in an area designated as an agricultural district or a one-hundred-year floodplain.
At least five residential lots in any other unsewered area of the county.
Construction or expansion by more than 50% of commercial or industrial facilities whose total gross floor area, whether in a single structure or in more than one structure, exceeds 500,000 square feet, unless the facilities are to be located at least in part within a designated agricultural district or within a one-hundred-year floodplain. In these latter instances, all proposed new commercial or industrial constructions and all proposed expansions of greater than 25% are included.
Application of pesticides or herbicides over more than 1,500 contiguous acres.
Clear-cutting of forest cover.
The proposed adoption of comprehensive land use plans, zoning laws, building codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, areawide wastewater treatment plans, state environmental plans, local floodplain control plans and the like.
Commercial burial of radioactive materials requiring a permit under 6 NYCRR 380.
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 or vibration.
Acquisition or sale by a public agency of more than 100 contiguous acres of land.
Channelization of any stream.
The following are Type II actions:
Construction or alteration of a single- or two-family residence and accessory appurtenant uses or structures, but not if such construction or alteration:
The extension of utility facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions.
Construction or alteration of a store, office or restaurant designed for an occupant load of 20 persons or less, 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 as for Type I actions, and the construction of utility facilities to serve such establishments.
Actions involving individual setback and lot line variances and the like.
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.
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
Restoration or reconstruction of a structure, in whole or in part, being increased or expanded by less than 50% of its existing size, square footage or usage, unless in a critical area as set forth in this chapter.
Repaving of existing highways not involving the addition of new travel lanes.
Street openings for the purpose of repair or maintenance of existing utility facilities.
Installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches.
Mapping of existing roads, streets, highways, uses, ownership patterns and the like.
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.
Sales of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
Collective bargaining activities.
Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities.
Investments by or on behalf of agencies or pension or retirement systems.
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
Routine administration and management of agency functions not including new programs or major reordering of priorities.
Routine license and permit renewals where there is no significant change in preexisting conditions.
Routine activities of education institutions which do not include capital construction.
Immediately upon receipt of an application for a permit or approval, each department, agency, board or commission of the Village shall determine whether or not such type of permit or approval is contained on the list which has heretofore been approved by the Village. In the event that such type of permit or approval is on such list, the department, agency, board or commission may proceed to process same without further regard to this chapter.
If the type of permit or approval being sought hereunder is not contained on the approved list of the Village, such department, agency, board or commission shall be required to determine whether such type of permit or approval should be an exempt action or a Type II action, in accordance with § 17A-2D herein.
If the appropriate department, agency, board or commission determines that the proposed permit or approval is an exempt action or a Type II action as set forth in § 17A-2D herein, the department, agency, board or commission may proceed to process same without further regard to this chapter.
If the appropriate department, agency, board or commission determines that the proposed permit or approval is not an exempt action or a Type II action as set forth in § 17A-2D herein, the applicant shall be so notified and directed to complete an environmental assessment application, to include the following:
A complete environmental assessment form (EAF) as prescribed by the Village Planning Board. A complete EAF shall contain the name of the applicant or the name of the county agency initiating the action, the location of the property affected, a description of the action to be taken and such other information as shall be deemed necessary by the Planning Board.
Drawings, sketches, maps and such other explanatory material as may be deemed necessary.
In the discretion of the applicant or the agency, a statement of the reason why the proposed action may or may not have a significant effect in the opinion of the applicant or agency.
Upon receipt of a completed application, the agency having jurisdiction shall cause notice thereof to be posted on a bulletin board maintained by the Village and may also cause such notice to be published in the official newspaper of the Village describing the nature of the proposed action and stating that the written views thereon of any persons shall be received by the agency no later than a date specified in such notice but, in no event, no less than 10 days after the posting of said notice.
The agency having jurisdiction shall render a written determination on such application within 15 days following receipt of a completed application, stating whether such proposed action may or may not have a significant effect on the environment.
If the agency having jurisdiction determines that the proposed action will not have a significant effect on the environment, the agency shall prepare, file and circulate such determination as provided in 6 NYCRR 617.7(b), and thereafter the proposed action may be processed without further regard to this chapter. If the agency having jurisdiction determines that the proposed action may have a significant effect on the environment, it shall inform the applicant or the agency initiating the action of the determination and shall prepare, file and circulate such determination as provided in 6 NYCRR 617.7(b). Thereafter, the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and 6 NYCRR 617.
Following a determination that a proposed action may have a significant effect on the environment, the agency shall also direct the applicant or agency initiating the action to prepare and submit an environmental impact report in the form of a draft environmental impact statement.
Upon receipt of a draft environmental impact statement prepared by the applicant or agency initiating the action, a notice of completion will be prepared, filed and circulated by the agency having jurisdiction, as provided in 6 NYCRR 617.7(e) and (f). The agency having jurisdiction may also cause the notice of completion of the draft environmental impact statement to be published in the official newspaper of the Village.
If the agency determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the Village official newspaper at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence within no less than 15 nor more than 60 days of the filing of the draft environmental impact statement, except where the county lead agency determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required under other applicable laws.
Where, on the basis of a draft environmental impact statement or a public hearing, the agency determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter. The determination of significant effect shall be made within 15 days of the submission of a complete draft environmental impact statement or the completion of a public hearing thereon.
The agency having jurisdiction shall cause an environmental impact statement in accordance with the provisions of 6 NYCRR 617 to be prepared by the applicant for any permit or by the agency initiating the action.
Such environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the agency having jurisdiction may extend this time.
Within 10 days of the submission of a complete environmental impact statement, the agency having jurisdiction shall prepare and file a notice of completion in the same manner as provided in § 17A-5 of this chapter and shall send notice to all persons to whom the notice of completion of the draft environmental impact statement was sent.
No decision to carry out or approve an action which has been made the subject of an environmental impact statement shall be made until after the filing and consideration of the environmental impact statement. A decision on whether or not to approve the action shall be made by the agency having jurisdiction within 30 days of the filing of the environmental impact statement. If the applicant for a permit shall fail to prepare an environmental impact statement, the processing of the application shall cease and no approval shall be used.
The Village shall maintain files open for the public inspection of all notices of completion, draft and final environmental impact statements.
If any section of this chapter or the application thereof to any person or circumstances shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any provision of any section or the application of any part thereof to any person or circumstances, and to this end the provisions of each section of this chapter are hereby declared to be severable.
Every application for determination under this chapter shall be accompanied by a fee as determined by the Village Planning Board. Such fee will be to cover the costs incurred by the Village Planning Board in making the determination and in publishing notice, if any, of said determination.