Village of Camillus, NY
Onondaga County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Camillus 4-6-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 8.
Public access to records — See Ch. 21.
Building construction — See Ch. 53.
Flood damage prevention — See Ch. 63.
Zoning — See Ch. 110.

§ 55-1 Definitions.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in the Environmental Conservation Law § 8-0105 and Part 617 of Title 6 of the New York Codes, Rules and Regulations, hereinafter referred to as "NYCRR."
B. 
In addition to the provisions of Subsection A above, the following terms shall have the meanings indicated:
VILLAGE
The Village of Camillus.

§ 55-2 Compliance with chapter and statutory requirements.

No decision to carry out or approve an action other than an action listed in § 55-3B hereof or added to Section 617.12 of Title 6 of NYCRR as a Type II action after the effective date of this chapter shall be made by the Village Board or by any department, board, commission, officer or employee of the Village 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 the following:
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 Village 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.

§ 55-3 Type I actions.

Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to such actions as may after the effective date of this chapter be added to the list of Type I actions in Section 617.12 of Title 6 of NYCRR, are likely to have a significant effect on the environment:
A. 
The construction of new or the 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 correctional facilities, and major office centers.
(3) 
Road or highway sections, including bridges, which require an indirect source permit under Part 203 of Title 6 of NYCRR.
(4) 
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 Part 203 of Title 6 of NYCRR.
(5) 
Dams with a downstream hazard of C classification under the Environmental Conservation Law § 15-0503.
(6) 
Stationary combustion installations operating at a total heating input exceeding 1,000,000,000 Btu's per hour.
(7) 
Chemical pulp mills.
(8) 
Portland cement plants.
(9) 
Iron and steel plants.
(10) 
Primary aluminum ore reduction plants.
(11) 
Incinerators operating at a refuse charging rate exceeding 250 tons of refuse per twenty-four-hour day.
(12) 
Sulfuric acid plants.
(13) 
Petroleum refineries.
(14) 
Lime plants.
(15) 
By-product coke manufacturing plants.
(16) 
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.
(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 Part 212 of Title 6 of NYCRR and whose total emission rate of such A contaminants exceeds one pound per hour.
(20) 
A sanitary landfill for an excess of 100,000 cubic yards of waste fill.
(21) 
Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds 50 tons per day.
(22) 
Any facility, development or project which is to be directly located in one of the following critical areas:
(a) 
Tidal wetlands as defined in Article 25 of the Environmental Conservation Law.
(b) 
Freshwater wetlands as defined in Article 24 of the Environmental Conservation Law.
(c) 
Floodplains as defined in Article 36 of the Environmental Conservation Law.
(d) 
Wild, scenic and recreational river areas designated in Title 27 of Article 15 of the Environmental Conservation Law.
(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 or in the Statewide Inventory of Historical and Cultural Resources.
(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 in Section 617.12 of Title 6 of NYCRR or § 55-4 of this section.
(25) 
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.
(26) 
Any facility, development or project which would use groundwater or surface water in excess of 2,000,000 gallons in any day.
(27) 
Any industrial facility which has a yearly average discharge flow, based on days of discharge, of greater than 0.5 million gallons per day.
(28) 
Any publicly or privately owned sewage treatment works which has an average daily design flow of more than 0.5 million gallons per day.
(29) 
A residential development outside any standard metropolitan statistical area as defined by the United States Census Bureau that includes 50 or more units in an unsewered area or 250 or more units in a sewered area, or within a standard metropolitan statistical area that includes 50 or more units in an unsewered area or 2,500 or more units in a sewered area.
(30) 
Lakes or other bodies of water with a water surface in excess of 200 acres.
B. 
Any funding, licensing or planning activities in request of any of the types of construction listed in Subsection A above.
C. 
The application of pesticides or herbicides over more than 1,500 contiguous acres.
D. 
The clear cutting of 640 or more contiguous areas of forest cover or vegetation other than crops.
E. 
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 water treatment plans, state environmental plans, local floodplain control plans and the like.
F. 
The commercial burial of radioactive materials requiring a permit under Part 380 of Title 6 of NYCRR.
G. 
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.
H. 
The acquisition or sale by a public agency of more than 250 contiguous acres of land.

§ 55-4 Type II actions.

Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to such actions as may after the effective date of this chapter be added to the list of Type II actions in Section 617.12 of Title 6 of NYCRR, are deemed not to have a significant effect on the environment:
A. 
The construction or alteration of a single- 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 § 55-3A(22) of this chapter.
B. 
The extension of utility facilities to serve new or altered single- or two-family residential structures to render service in approved subdivisions.
C. 
The 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 described in § 55-3A(22) of this chapter, 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. 
The operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
G. 
The 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.
H. 
The repaving of existing highways not involving the addition of new travel lanes.
I. 
The opening of streets for the purpose of repair or maintenance of existing utility facilities.
J. 
The installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches.
K. 
The mapping of existing roads, streets, highways, uses, ownership patterns and the like.
L. 
Regulatory activities not involving construction or changed land use relating to one individual, business, institution or facilities, such as inspections, testing, operating certification or licensing and the like.
M. 
The sale of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
N. 
Collective bargaining activities.
O. 
Operating, expense or executive budget planning, preparation and adoption not involving new programs or the major reordering of priorities.
P. 
Investments by or on behalf of agencies or pension or retirement systems.
Q. 
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
R. 
The routine administration and management of agency functions not including new programs or the major reordering of priorities.
S. 
The routine license and permit renewals where there is no significant change in preexisting conditions.
T. 
The routine activities of educational institutions which do not include capital construction.

§ 55-5 Application requirements; notice.

A. 
Filing of written statement; contents. For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the Village Board, setting forth the name of the applicant; the location of the real property affected, if any; a description of the nature of the proposed action and the effect it may have on the environment. In addition, applicants may include a detailed statement of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement provided herein shall be upon a form prescribed by resolution of the Village Board and shall contain such additional relevant information as shall be required in the prescribed form.[1] Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Village Board.
[1]
Editor's Note: Applicable forms, including the short environmental assessment form, are on file in the office of the Village Clerk.
B. 
Notification of proposed action; time limit for written views. Upon receipt of a complete application and a statement, the Village Board shall cause a notice thereof to be posted on the signboard, if any, of the Village 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 written views thereon of any person shall be received by the Village Board no later than a date specified in such notice.

§ 55-6 Time limit for decision on applications.

A. 
The Village Board shall render a written determination on such application within 15 days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the Village Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Village Board may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination on the application.
B. 
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the Village.

§ 55-7 Application fee.

Every application for determination under this chapter shall be accompanied by a fee of $100 to defray the expenses incurred in rendering such determination.

§ 55-8 Preparation, filing and circulation of Board determination.

If the Village Board determines that the proposed action is not an action listed as exempt in § 55-4 of this chapter or added to Section 617.12 of Title 6 of NYCRR after the effective date of this chapter as a Type II action and that it will not have a significant effect on the environment, the Village Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Village Board determines that the proposed action may have a significant effect on the environment, the Village Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of NYCRR.

§ 55-9 Draft environmental impact statement.

A. 
Submission requested. Following a determination that a proposed action may have a significant effect on the environment, the Village Board shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement; or
(2) 
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
B. 
Failure to submit impact report. If the applicant decides not to submit an environmental impact report, the Village Board shall notify the applicant that the processing of the application will cease and that no approval will be issued.
C. 
Completion of impact statement; notice of completion. Upon completion of the draft environmental impact statement, a notice of completion containing the information specified in Section 617.7(d) of Title 6 of NYCRR shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of NYCRR. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of NYCRR.
D. 
Notification of public hearing; time limit for written comments. If the Village Board 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 official newspaper of the Village 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 no less than 15 calendar days nor more than 60 calendar days after the filing of the draft environmental impact statement, except as otherwise provided where the Village Board 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 as appropriate under other applicable law.
E. 
Board determination; subsequent action. If on the basis of a draft environmental impact statement or a public hearing thereon the Village Board 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.

§ 55-10 Final environmental impact statement.

A. 
Preparation; time limits. Except as otherwise provided herein, the Village Board shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of NYCRR; provided, further, that if the action involves an application, the applicant shall prepare the final environmental impact statement. Such final 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 Village Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification.
B. 
Fee. Where the action involves an application, such final environmental impact statement shall be accompanied by a fee of $100 to defray the expenses of the Village in evaluating same.
C. 
Notice of completion; availability of copies for public review. A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 55-9C of this chapter and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.

§ 55-11 Decisions on actions involving final environmental impact statements.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Village Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Village Board has been the lead agency for an action, it shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement.

§ 55-12 Required findings in approving actions having significant environmental effect.

A. 
Findings. When the Village Board decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
(1) 
Consistent with social, economic and other essential considerations of state policy, to the maximum extent practicable and from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact statements.
(2) 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.
B. 
Filing and availability of copies. For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of NYCRR.

§ 55-13 Maintenance of public records.

The Village 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 Village Board.

§ 55-14 Procedures in actions involving several agencies.

Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR shall be followed.

§ 55-15 Applicability of provisions.

Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of NYCRR; provided, however, that if after such dates a Village Board modifies an action undertaken or approved prior to that date and the Village Board 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.