A.
This chapter shall be known as the "Town of Mamaroneck
Environmental Quality Review Law."
B.
This chapter is adopted pursuant to the Municipal
Home Rule Law, Article 8 (SEQRA) of the New York Environmental Conservation
Law (providing for environmental quality review of actions which may
have significant effect on the environment) and Part 617, the rules
and regulations set forth in 6 NYCRR 617.
C.
The purpose of this chapter is to implement SEQRA
and Part 617 and to incorporate environmental factors in the existing
planning and decisionmaking processes of the Town. This purpose is
to be accomplished through provisions for identifying actions that
may have a significant effect on the environment and by requiring
that any action found to have such an effect will be carried out in
a manner that will minimize the possible harmful effect.
D.
Except as otherwise expressly provided by this chapter,
the regulations contained in 6 NYCRR 617 et seq. and any amendments
thereto are hereby adopted as the procedures, rules and regulations
relative to Town environmental quality reviews undertaken by any agency.
The definitions set forth in 6 NYCRR 617.2 shall
be amended to add the following:
Development projects in areas that abut, adjoin or are adjacent
to the Town of Mamaroneck that may result in substantial impacts to
the street and areas that surround them with the Town of Mamaroneck,
including, but not limited to, impacts upon natural resources, noise,
traffic, cultural or aesthetic resources, existing patterns of population
concentration and community or neighborhood character.
[Added 4-12-2000 by L.L. No. 4-2000]
The Town Administrator or his designee who shall assist the
lead agencies in the Town by processing the paperwork for this law
and advising applicants for Town permits and approvals on compliance
therewith. The Environmental Officer shall also:
Receive a copy of all reports, statements, forms
and notices as may be required by this chapter.
Effect or cause to be effected the posting and
publication and notification requirements of 6 NYCRR 617.8 and 617.10
and this chapter.
Recommend to the Town such amendments to the
chapter consistent with 6 NYCRR 617 et seq. as may from time to time
be necessary or advisable.
Recommend to the Town such local regulations
consistent with 6 NYCRR 617 et seq. as may from time to time be necessary
or advisable.
The State of New York Environmental Quality Review Act and
regulations promulgated thereunder.
A state-designated fish and wildlife habitat area as identified
by the New York State Department of Environmental Conservation pursuant
to 19 NYCRR 602.5.
The unincorporated area of the Town of Mamaroneck.
The procedures of 6 NYCRR 617.4 shall be amended
in that the last sentence of 617.4(h) shall state: "Any unlisted action
located partly or wholly inside or substantially contiguous to a CEA
must be treated as a Type I action by an involved agency."
The requirements of 6 NYCRR 617.5 shall be amended
to add the following after 617.5(d): "All agencies must also comply
with the Town of Mamaroneck Local Consistency Law."
The requirements of 6 NYCRR 617.10 shall be
amended in that the last paragraph of (c)(3) shall state: "The notice
of completion shall be filed as prescribed for negative declarations
in paragraph (a)(2) of this section and shall be published in the
official newspaper of the Town. A copy thereof shall be posted on
a signboard and other appropriate means shall be utilized to provide
notice to the public. The department shall publish all notices of
its completion of all EIS's in the 'ENB'."
The criteria of 6 NYCRR 617.11 shall be amended
to add the following:
[Amended 9-4-1996 by L.L. No. 16-1996; 2-5-1997 by L.L. No.
2-1997]
The list of Type I actions as set forth in 6
NYCRR 617.4 shall be adopted in whole hereby with the following modifications
and amendments:
A.
The following actions are Type I if they are to be
directly undertaken, funded or approved by an agency:
(1)
The adoption of a municipality's land use plan, the
adoption by any agency of a comprehensive resource management plan
or the adoption of a municipality's comprehensive zoning regulations.
Also, the adoption of comprehensive 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 and local environmental plans, local
flood control plans and the like.
(2)
The adoption of changes in the allowable uses within
any zoning district affecting 15 or more acres of the 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 on this list.
(4)
The acquisition, sale, lease, annexation or other
transfer of by a public agency of more than five contiguous acres
of land.
(5)
The construction of new residential units which meet
or exceed the following thresholds:
(a)
Ten units not to be connected (at commencement of
habitation) to existing community or public water and sewerage systems,
including sewage treatment works.
(b)
Forty units to be connected (at the commencement of
habitation) to existing community or public water and sewerage systems,
including sewage treatment works.
(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 any of the following thresholds:
(a)
A project or action which involves the physical alteration
of 10 acres.
(b)
A project or action which would use ground or surface
water in excess of 5,000 gallons in any day.
(c)
Parking for 75 vehicles or more.
(d)
A facility with more than 100,000 square feet of gross
floor area.
(e)
Incinerators operating at a refuse-charging rate exceeding
75 tons of refuge per twenty-four-hour day.
(f)
Storage facilities designed for or capable of storing
1,000 or more gallons of liquid natural gas, liquid petroleum gas
or other fuels.
(g)
An independent combustion installation operating at
a total heating input exceeding 10,000,000 Btu per hour.
(h)
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 contaminant exceeds one
pound per hour.
(i)
Process, exhaust and/or ventilation systems of which
the total emission rate of all air contaminants exceeds 25 tons per
day.
(j)
An industrial facility which has a yearly average
discharge flow, based on days of discharge, of greater than 25,000
gallons per day.
(7)
Any structure exceeding 100 feet above original ground
level in a locality without any zoning regulation pertaining to height.
(8)
Any unlisted action that includes a nonagricultural
use occurring wholly or partially within an agricultural district
certified pursuant to the Agriculture and Markets Law, Article 25-AA,
§§ 303 and 304, which exceeds 25% of any threshold
established in this section.
(9)
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, site or district or prehistoric site 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 by the State
Historic Preservation Officer for nomination for inclusion in said
national register or that is listed on the State Register of Historic
Places. [The National Register of Historic Places is established by
36 CFR 60 and 63 (1994); see 6 NYCRR 617.17.]
(10)
Any unlisted action which exceeds 25% of any threshold
in this section, occurring wholly or partially within or substantially
contiguous to any publicly owned or operated parkland, recreation
area or designated open space, including any site on the Register
of National Natural Landmarks pursuant to 36 CFR 62 (1994). (See 6
NYCRR 617.17.)
(11)
Any unlisted action which exceeds a Type I threshold
established by an involved agency pursuant to 6 NYCRR 617.14.
(12)
The construction of new or expansion by more than
50% of the existing size, square footage or usage of existing (or
any funding, licensing or planning activities in respect thereto):
(a)
Heliports, including hovercraft and seaplanes.
(b)
Facilities or institutions, including but not
limited to hospitals, schools, correction facilities and office centers.
(c)
Sanitary landfills.
(d)
Chemical pulp mills, portland cement plants,
iron and steel plants, primary aluminum ore reduction plants, sulfuric
acid plants, petroleum refineries, lime plants, sulfur recovery plants,
fuel conversion plants, by-product coke manufacturing plants and cogeneration
plants.
(13)
Any unlisted action which will result in permanent
change to the channel or bed of lakes or streams with a water surface
in excess of 1/4 acre.
(14)
Any unlisted action which involves disturbance of
soils covering more than 1/4 acre on an average slope of 40% or greater
that impacts on adjacent areas or downstream areas.
(15)
Any proposed publicly or privately owned sewage treatment
works.
(16)
The clearcutting of one or more contiguous acres of
forest.
(17)
The discharge of radioactive material into the air,
water or sanitary sewer (except as provided for in 6 NYCRR 380.5)
or burial of such materials.
The list of Type II actions as set forth in
6 NYCRR 617.13(d) shall be adopted in whole hereby and shall include
the following actions:
A.
The following actions are Type II actions:
(1)
The replacement of a facility, in kind, on the same
site unless such facility meets or exceeds any of the thresholds in
6 NYCRR 617.12.
(2)
The granting of individual setback and lot line variances.
(3)
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.
(4)
The repaving of existing highways not involving the
addition of new travel lanes.
(5)
Street openings for the purpose of repair or maintenance
of existing utility facilities.
(6)
The installation of traffic control devices on existing
streets, roads and highways, other than multiple fixtures on long
stretches.
(7)
Public or private forest management practices, other
than the removal of trees or the application of herbicides or pesticides.
(8)
The construction or placement of minor structures
accessory or appurtenant to existing facilities, including garages,
carports, patios, home swimming pools, fences, barns or other buildings
not changing land use or density, including the upgrading of buildings
to meet building or fire codes.
(9)
The maintenance of existing landscaping or natural
growth.
(10)
The mapping of existing roads, streets, highways,
uses and ownership patterns.
(11)
Inspections and licensing activities relating to the
qualifications of individuals or businesses to engage in their business
or profession.
(12)
The purchase or sale of furnishings, equipment or
supplies, including surplus government property, other than land,
radioactive material, pesticides, herbicides or other hazardous materials.
(13)
Collective bargaining activities.
(14)
Investments by or on behalf of agencies or pension
or retirement systems or refinancing existing debt.
(15)
The routine or continuing agency administration and
management, not including new programs or major reordering of priorities.
(16)
License, lease and permit renewals or transfers of
ownership thereof, where there will be no material change in permit
conditions or the scope of permitted activities.
(17)
Routine activities of educational institutions not
involving capital construction, including school closings, but not
changes in use related to such closings.
(18)
Information collection, including basic data collection
and research, water quality and pollution studies, traffic counts,
engineering studies, surveys, subsurficial investigations and soils
studies that do not commit the agency to undertake, fund or approve
any Type I or unlisted action.
(19)
Minor temporary uses of land having negligible or
no permanent effect on the environment.
(20)
The extension of utility distribution facilities to
serve new or altered single- or two-family residential structures
or to render service in approved subdivisions.
(21)
The promulgation of regulations, policies, procedures
and legislative decisions in connection with any Type II action in
this chapter.
(22)
The footprint of a residence.
(a)
The construction of a single- or two-family
residence or the alteration of a single- or two-family residence which
increases the footprint of the residence by 20% or more, except if
such construction or alteration:
(b)
The alteration of a single- or two-family residence
which increases the footprint by less than 20% shall be a Type II
action wherever located.
(23)
The alteration of a store, office or restaurant designed
for an occupant load of 20 persons or fewer, except if such alteration:
(24)
The operation, repair, maintenance or minor alteration
of existing structures, land uses and equipment.
(26)
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.
