Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
Consistent with Part 617 of Title 6 of NYCRR and the criteria found in § 54-12 of these regulations, the following are considered to be Type I actions or classes of actions which are likely to but will not necessarily require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment:
A. 
Construction of new or 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, correction facilities and major office centers.
(3) 
Road or highway sections, including bridges, which require an indirect source permit under 6 NYCRR 203.
(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 6 NYCRR 203.
(5) 
Dams with a downstream hazard of C classification under the Environmental Conservation Law (ECL), § 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 5,000 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 6 NYCRR 212 and whose total emission rate of such A contaminants exceeds one pound per hour.
(20) 
Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds 50 tons per day.
(21) 
Sanitary landfills for an excess of 100,000 cubic yards per year of waste fill.
(22) 
Facilities, developments or projects which are to be directly located in one of the following critical areas:
(a) 
Tidal wetlands as defined in Article 25 of the ECL.
(b) 
Freshwater wetlands as defined in Article 24 of the ECL.
(c) 
Floodplains as defined in Article 36 of the ECL.
(d) 
Wild, scenic and recreational river areas defined in Title 27 of Article 15 of the ECL.
(23) 
Facilities, developments or projects having an adverse impact on any historic building, structure or site listed on the National Register of Historic Places or in the Statewide Inventory of Historical and Cultural Resources.
(24) 
Developments, projects or permanent facilities of a nonagricultural use in an agricultural district which require a permit, except those listed as Type II actions.
(25) 
Facilities, developments or projects 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) 
Facilities, developments or projects which would use ground- or surface water in excess of 2,000,000 gallons in any day.
(27) 
Industrial facilities which have a yearly average discharge flow, based on days of discharge, of greater than 0.5 million gallons per day.
(28) 
Publicly or privately owned sewage treatment works which have an average daily design flow of more than 0.5 million gallons per day.
(29) 
Residential developments that include five or more dwelling units.
(30) 
Lakes or other bodies of water with a water surface in excess of one acre.[1]
[1]
Editor's Note: Former Subsection A(31), regarding facilities or projects requiring special use permits, which immediately followed this subsection, was repealed 8-24-2009 by L.L. No. 4-2009.
B. 
Any funding, licensing or planning activities in respect to any of the types of construction listed in Subsection A above.
C. 
Application of pesticides or herbicides over more than 15 contiguous acres.
D. 
Clearcutting of 10 or more contiguous acres 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, areawide wastewater treatment plans, state environmental plans, local floodplain control plans and the like.
F. 
Commercial burial of radioactive materials requiring a permit under 6 NYCRR 380.
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. 
Acquisition or sale by a public agency of more than 250 contiguous acres of land.
I. 
Any other Type I actions included in Part 617 of Title 6 of NYCRR.
Consistent with Part 617 of Title 6 of NYCRR and the criteria found in § 54-12 of these regulations, the following are considered Type II actions or classes of actions which have been determined not to have a significant effect on the environment and do not require environmental impact statements:
A. 
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 this section for Type I actions.
B. 
The extension of utility facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions.
C. 
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 herein for Type I actions, 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; land use changes consistent with generally accepted principles of farming; and timber harvesting on farm woodland, as such is defined under § 301 of the Agriculture and Markets Law, in accordance with currently accepted best management practices of forestry.
[Amended 3-28-2011 by L.L. No. 2-2011]
F. 
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
G. 
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. 
Repaving of existing highways not involving the addition of new travel lanes.
I. 
Street openings for the purpose of repair or maintenance of existing utility facilities.
J. 
Installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches.
K. 
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 or institution or facilities such as inspections, testing, operating, certification or licensing and the like.
M. 
Sales of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
N. 
Collective bargaining activities.
O. 
Operating, expenses or executive budget planning, preparation and adoption not involving new programs or 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. 
Routine administration and management of agency functions not including new programs or major reordering of priorities.
S. 
Routine license and permit renewals where there is no significant change in preexisting conditions.
T. 
Routine activities of educational institutions which do not include capital construction.
U. 
Minor silvicultural practices including: tree pruning, tree seeding and planting, weeding and releasing, noncommercial thinning, the improvement of cuttings and demonstration plot, the cutting of not more than 10 trees per acre in the saw timber class, which class shall include softwood trees of nine inches' diameter or more and hardwood trees of 11 inches' diameter or more at breast height.
[Added 3-28-2011 by L.L. No. 2-2011[1]]
[1]
Editor's Note: This local law also provided for the redesignation of former Subsection U as Subsection X.
V. 
Forest management practices, including construction, maintenance and repair of facilities or structures and silvicultural activities consistent with current best management practices of forestry accepted by the New York State Department of Environmental Conservation, including but not limited to: A Landowner's Guide to Building Forest Access Roads, by Richard Wiest, USDA NA-TP-06-98, July 1998, and Best Management Practices for Water Quality BMP Field Guide, New York State Forestry (Latest Revision 2007).
[Added 3-28-2011 by L.L. No. 2-2011]
W. 
Eradication of alternate host plants of parasitic tree diseases using registered herbicides applied on an individual plant basis.
[Added 3-28-2011 by L.L. No. 2-2011]
X. 
Any other Type II action included in Part 617 of Title 6 of NYCRR.
[Amended 3-28-2011 by L.L. No. 2-2011]
Consistent with Part 617 of Title 6 of NYCRR, the Environmental Quality Review Act shall not apply to enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings, official acts of a ministerial nature involving no exercise of discretion and maintenance or repair involving no substantial changes in the existing structure or facility, as well as the following:
A. 
Actions requiring a certificate of environmental compatibility and public need under Articles VII and VIII of the Public Service Law and the consideration of, grant or denial of any such certificate.
B. 
Actions undertaken or approval prior to the effective date of Article 8 of the Environmental Conservation Law.
(1) 
Actions undertaken or approved prior to the effective date of Article 8 of the Environmental Conservation Law shall be considered exempt actions; provided, however, that if after such dates the local agency proposes to modify an action undertaken or approved prior to such dates, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR.
(2) 
An action shall be deemed to be undertaken or approved prior to such date if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
C. 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
D. 
Actions of the legislature of the State of New York or of any court.
E. 
Any other exempt actions included in Article 8 of the Environmental Conservation Law and/or Part 617 of Title 6 of NYCRR.
Actions performed upon a given state of facts in a prescribed manner imposed by law without exercise of any judgment or discretion as to the propriety of the action do not require preparation of an environmental impact statement. Such actions shall include issuance of:
A. 
Building permits.[1]
[1]
Editor's Note: See Ch. 40, Building Construction.
B. 
Mobile home park licenses.
C. 
Sign permits.
Actions which are subject to federal environmental legislation shall be treated as follows:
A. 
Where there has duly been prepared under the National Environmental Policy Act of 1969 both a draft environmental impact statement and a final environmental impact statement for an action under consideration, the local agency shall have no obligation to prepare an environmental impact statement or make findings pursuant to these regulations so long as the environmental impact statements contain or are supplemented by a description of any growth-inducing aspects of the proposed action, as well as a discussion of the effects of the action on energy use and conservation.
B. 
Where there has been duly prepared under the National Environmental Policy Act of 1969 a negative declaration or other written threshold determination that the action will not require a federal impact statement, the local agency shall determine, pursuant to these regulations, whether or not the action may have a significant effect on the environment.
The local agency may identify programs or categories of actions which would most appropriately serve as the subject of a single environmental impact statement, and no further environmental impact statements need be prepared for actions which are included in such a statement.
A. 
Such broad program statements, master or areawide statements or statements of comprehensive plans shall be appropriate to assess the environmental effects of:
(1) 
A number of separate actions in a given geographic area.
(2) 
A chain of contemplated actions.
(3) 
Separate actions having generic or common impacts.
(4) 
Programs or plans having wide application or restricting the range of future alternative policies or projects and to eliminate multiple sequential reviews of the same or similar actions.
B. 
In preparing such a statement, the local agency shall develop procedures for amending or supplementing such statement to reflect impacts which are not addressed or adequately analyzed in such a statement as initially prepared. Such procedures shall include provision for informing the public and other agencies of the preparation of such amendments or supplements and for allowing comment thereon before incorporation of such amendments or supplements in said statement. Actions undertaken or approved in conformity with this section, prior to the incorporation of such amendments, shall require no further review.