[HISTORY: Adopted by the Common Council of the City of Peekskill 10-9-1984
by L.L. No. 1-1984 (Ch. 153 of the 1984 Code).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 202.
Flood damage prevention — See Ch. 287.
Freshwater wetlands — See Ch. 294.
Subdivision of land — See Ch. 510.
[1]
Editor's Note: This local law also repealed former Ch. 153, Environmental
Quality Review, adopted 4-7-1980 by L.L. No. 1-1980.
This chapter will be known as the "City of Peekskill Environmental Quality
Review Law."
The purpose of this chapter is to implement, for the City of Peekskill,
the provisions of the State Environmental Quality Review Act and the State
Environmental Quality Review Regulations, thereby incorporating environmental
factors into existing planning and decision-making processes.
This chapter is adopted under authority of the Municipal Home Rule Law,
the State Environmental Quality Review Act and the State Environmental Quality
Review Regulations.
A.
EAF
EIS
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
STATE ENVIRONMENTAL QUALITY REVIEW REGULATIONS (PART 617)
As used in this chapter, the following terms shall have
the meanings indicated:
Environmental assessment form.
Environmental impact statement.
Article 8 of the Environmental Conservation Law, which is Chapter
43-b of the Consolidated Laws of the State of New York.
Part 617 of Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York.
B.
All other terms for which definitions are given in SEQR
and/or Part 617 have the same meanings in this chapter.
All agencies, boards, departments, offices, other bodies or officers
of the City of Peekskill must comply with SEQR, Part 617 and this chapter,
to the extent applicable, prior to carrying out, approving or funding any
action, other than an exempt, excluded or Type II action.
The provisions of this chapter are severable. If any part or provision
of this chapter is found invalid, such finding will apply to the particular
provision and circumstances in question. The remainder of this chapter and
the application of the disputed provision to other circumstances will remain
valid.
A.
The lead agency is the agency (i.e., board, department,
office, other body or officer of the City of Peekskill) principally responsible
for carrying out, funding or approving an action. The lead agency is responsible
for determining whether an EIS is required for the action and for preparing
and filing the EIS if it is required.
B.
Where more than one agency is involved, the lead agency
is determined and designated as provided in 6 NYCRR 617.6, 617.7 and 617.8,
except that for the following specific Type I and unlisted actions, in cases
where a federal or state agency permit or approval is not necessary, the lead
agency is as indicated:
(1)
Adoption, amendment or change in zoning or land use regulations:
Common Council.
(2)
Construction or expansion of City of Peekskill buildings,
structures and other facilities including highways within the City of Peekskill:
Common Council.
(3)
Variances: Zoning Board of Appeals.
(4)
Purchase, sale and/or lease of real property by the City
of Peekskill: Common Council.
(5)
Planned residential development special permits: Common
Council.
(6)
Site plan and subdivision review: Planning Commission.
C.
The Department of Planning, Development and Code Enforcement
will be the City of Peekskill clearinghouse for lead agency designation. It
will assist agencies and applicants to identify other federal, state and local
agencies that may be involved in approving, funding or carrying out Type I
and unlisted actions. The clearinghouse will make recommendations on designation
of lead agencies for a particular action. It will also make recommendations
to City lead agencies concerning determinations of environmental significance.
D.
Environmental review of actions involving a federal agency
will be processed in accordance with 6 NYCRR 617.15.
A.
When any agency, department, body, board or officer of
the City of Peekskill contemplates directly carrying out, funding or approving
any Type I action, a full environmental assessment form (EAF) must be prepared
by it or on its behalf. When an unlisted action is contemplated, either a
full- or short-form EAF, as appropriate, must be prepared. The EAF forms given
in Appendices A and B of Part 617 will be used as models but may be modified
to meet the needs of particular cases. However, the final scope of such a
modified EAF must be at least as comprehensive as the scope of the model forms.
B.
When any person submits an application for funding or
a permit or other approval of a Type I or unlisted action to any agency, department,
body, board or officer of the City of Peekskill, an EAF must be prepared;
for unlisted actions either the full EAF or the short form may be used as
appropriate. An applicant may choose to prepare a draft EIS in place of an
EAF.
C.
The lead agency must make a determination of environmental
significance of the action. This determination must be based on the EAF or,
with respect to unlisted actions, its own procedures, as the case may be,
and on such other information as it may require. The criteria stated in 6
NYCRR 617.7 must also be considered by the lead agency in making its determination
of significance. The determination must be made within 20 days of its designation
as lead agency or within 20 days of its receipt of all information it requires,
whichever is later.[1]
D.
For Type I actions, the lead agency must give public
notice and file a determination of nonsignificance as provided in 6 NYCRR
617.12. For unlisted actions, the lead agency must send a determination of
nonsignificance to the applicant and maintain its own records thereof in accordance
with 6 NYCRR 617.12.
E.
If the lead agency makes a determination of nonsignificance,
the direct action, approval or funding involved will be processed without
further regard to SEQR, Part 617 or this chapter.
F.
The time of filing an application for approval or funding
of an action commences from the date the determination of environmental nonsignificance
is made. If the applicant prepared a draft EIS in lieu of an EAF, the time
of filing commences from the date the lead agency accepts the draft EIS as
adequate in scope and content and commences the public comment period.
A.
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed as
provided in 6 NYCRR 617.9, 617.11 and 617.12. The draft EIS will normally
be prepared by the applicant. If the applicant fails to prepare a draft EIS
or prepares a draft EIS which is unacceptable to the lead agency, the lead
agency may either prepare a draft EIS itself, discontinue further processing
until the applicant can provide an acceptable draft EIS or deem the application
abandoned and discontinue review.
C.
If a public hearing is held on the draft EIS, it must,
whenever possible, be concurrent with any other hearing on the application.
A.
The fees for review or preparation of an EIS involving
approval or funding of an action will be determined by the Department of Planning,
Development and Code Enforcement.
B.
Fees so fixed will be consistent with the limitations
set by 6 NYCRR 617.13. When the EIS is prepared by the applicant, fees will
reflect actual expenses of reviewing it. When the EIS is prepared by an agency
on behalf of the applicant, fees will reflect the cost of preparation, including
publication of notices, but not the cost of environmental review by the agency.
However, the lead agency may not charge a fee for its determination of significance.
Critical environmental areas will be designated from time to time by
resolution of the Common Council in accordance with provisions of 6 NYCRR
617.14(g).
For purposes of this chapter, Type I actions include all those given
in 6 NYCRR 617.4.
For purposes of this chapter, Type II actions include all those listed
in 6 NYCRR 617.5.