PART II, GENERAL LEGISLATION

Chapter 89, ENVIRONMENTAL QUALITY REVIEW

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 2-12-1991 as L.L. No. 1-1991. Amendments noted where applicable.]

GENERAL REFERENCES
Excavations -- See Ch. 93.
Satellite antennas -- See Ch. 136.
Subdivision of land -- See Ch. 161.
Zoning -- See Ch. 190.

ARTICLE I, General Provisions

§ 89-1. Title.

This chapter will be known as the "Village of Honeoye Falls Environmental Quality Review Law."

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§ 89-2. Purpose.

The purpose of this chapter is to implement, for the Village of Honeoye Falls, the provisions of the State Environmental Quality Review ActEN and the State Environmental Quality Review Regulations, thereby incorporating consideration of environmental factors into existing planning and decision-making processes and to provide additional protection of the environmental features that are specific and characteristic of the Village of Honeoye Falls.

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§ 89-3. Authority.

This chapter is adopted under authority of the Municipal Home Rule Law, the New York State Environmental Conservation Law and the New York State Environmental Quality Review Regulations.

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§ 89-4. Definitions.

  1. Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meanings as they are defined in § 8-0105 of the Environmental Conservation Law and 6 NYCRR 617.
  2. As used in this chapter, the following terms shall have the meanings indicated:

    VILLAGE -- The Village of Honeoye Falls, New York

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§ 89-5. Compliance required.

No decision to carry out, approve or fund any action subject to review pursuant to this chapter shall be made by any agency, board, department, office or other body of village government until there has been full compliance with all applicable requirements of this chapter, Article 8 of the Environmental Conservation Law and 6 NYCRR 617.

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ARTICLE II, Types of actions

§ 89-6. Type I actions.

  1. For purposes of this chapter, Type I actions include all those identified in 6 NYCRR 617.
  2. In addition, the following are deemed Type I actions:
    1. Construction, expansion of the total gross floor area by more than fifty percent (50%) or replacement of the following facilities:
      1. Parking areas accommodating ten (10) or more vehicles.
      2. Public institutions and facilities, including nursing homes, health related buildings, laboratories, major office centers, government buildings, parks, pumping stations, collector sewers and water supply and distribution systems.
      3. Sanitary landfills for residential, hazardous or industrial waste.
      4. Solid waste transfer stations.
      5. Sewage treatment facilities.
      6. Major recreational facilities, including playgrounds, tennis courts and playing fields.
    2. Construction or expansion of any development, project or facility which is, at least in part, located within a freshwater wetland or adjacent area of one-half (1/2) acre or more as defined by the State Freshwater Wetlands RegulationsEN or local law.
    3. Construction which cumulatively results for any given parcel owner in:
      1. An area where slopes exceed a fifteen percent (15%) grade.
      2. Any area or within one hundred (100) feet of any area designated by the Honeoye Falls Board of Trustees as a Critical Environmental Area or Overlay Protection District.
      3. Three (3) or more lots in any unsewered area of the village.
      4. At least ten (10) residential lots occupying a land area of five (5) acres or more in an area of the village outside of the areas defined in Subsection B(3)(a), (b) and (c) above.
    4. Construction or expansion by more than fifty percent (50%) of commercial or industrial facilities whose total gross floor area, whether in a single structure or in more than one structure, exceeds two thousand five hundred (2,500) square feet, and all proposed new commercial or industrial construction within an overlay district designated in Subsection B(3)(b) above.
    5. Any action which will cause clear cutting of one-half (1/2) or more contiguous acres of heavily wooded land or permanent removal of two and one-half (21/2) or more contiguous acres of vegetation other than crops.
    6. 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 sources and the recipient of such noise or vibration.
    7. Any development or action on a confirmed or suspected waste disposal site.
    8. Any action or construction in an archaeologically or geologically sensitive area.

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§ 89-7. Type II, exempt, excluded and unlisted actions.

For purposes of this chapter, Type II exempt, excluded and unlisted actions include all those identified as such in 6 NYCRR 617.

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§ 89-8. Critical environmental areas.

Critical areas of environmental concern will be designated from time to time by resolution of the Honeoye Falls Board of Trustees in accordance with the provisions of 6 NYCRR 617.4, Subdivision (h).

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ARTICLE III, Environmental Review Procedures

§ 89-9. Provisions in addition to state law.

The provisions in this Article shall be followed in addition to those in Article 8 of the Environmental Conservation Law and 6 NYCRR 617.

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§ 89-10. Initial review of actions.

  1. As early as possible in the agency's formulation of an action that it proposes to undertake, or as soon as the agency receives an application for an action which requires funding or a permit, it shall:
    1. Determine whether the action is subject to this chapter. If the action is an exempt, excluded or a Type II action, the agency shall have no further responsibility under this chapter.
    2. Determine whether the action involves a federal agency. If so, the provisions of 6 NYCRR 617, relating to actions involving a federal agency, shall be applicable.
    3. Determine whether the action involves one (1) or more other agencies. When an agency proposes to directly undertake an action which does not require funding or approval from any other agency, or receives an application to fund or approve an action over which no other agency has approval or authority, it shall be the lead agency. When more than one (1) agency is involved, then a lead agency shall be designated from among all the involved agencies.
  2. When more than one (1) agency is involved, the lead agency is determined and designated as provided in 6 NYCRR 617.6.

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§ 89-11. Environmental assessment; determination of significance.

  1. Direct action. When any agency, department, body, board or officer of the Village of Honeoye Falls 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 unless a draft environmental impact statement (EIS) has been prepared on the action. The environmental assessment form given in Appendix A of 6 NYCRR 617 will be used as a model, but may be modified to meet the needs of particular cases. The final scope of such a modified environmental assessment form, however, must be at least as comprehensive as the scope of the model form.
  2. Reviewable actions involving applicants. When any person submits an application for funding or permit or other approval of a Type I action to any agency, department, body, board or officer of the Village of Honeoye Falls, an environmental assessment form must accompany the application. For Type I actions, a full environmental assessment form must be prepared.
  3. Environmental assessment.
    1. The lead agency must make a determination as to whether the proposed action may have a significant effect on the environment. This determination must be based on the environmental assessment form or draft environmental impact statement, and such other information as it may require, such as drawings, sketches, maps, explanatory materials, Conservation Board reports, consulting engineer reports, Planning Board reports or other village, agency or committee reports.
    2. The criteria stated in 6 NYCRR 617 shall also be considered by the lead agency in making its determination of significance. The determination must be made within twenty (20) days of its designation as lead agency, or within twenty (20) days of its receipt of all information it requires, whichever is later.
  4. Determination of significance.
    1. For Type I actions where it is determined that the proposed action will not have a significant effect on the environment, the lead agency must give public notice and file a determination of nonsignificance as provided in 6 NYCRR 617.10, Subdivision (a)(2).
    2. For unlisted actions, the lead agency must send a determination of nonsignificance to the applicant and maintain its records thereof in accordance with 6 NYCRR 617.10, Subdivision (a)(1).
    3. Conditioned negative declarations shall be filed in accordance with SEQR Type I procedures.
    4. 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.
  5. The time of filing an application for approval or funding of an action commences from the date the determination of environmental nonsignificance. If the applicant prepares the draft environmental impact statement in lieu of an environmental assessment form, the time of filing commences from the date the lead agency accepts the draft environmental impact statement as adequate in scope and content and commences the public comment period.

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§ 89-12. Environmental impact statement (EIS).

  1. If based on a review of the environmental assessment form and other information, the lead agency determines that the proposed action may have a significant effect on the environment, an environmental impact statement must be prepared.
  2. The form and content of an environmental impact statement shall be as set forth in 6 NYCRR 617.14. The draft environmental impact statement will normally be prepared by the applicant. If the applicant fails to prepare an environmental impact statement or prepares a draft environmental impact statement which is unacceptable to the lead agency, the lead agency may either prepare a draft environmental impact statement itself, discontinue further processing until the applicant can provide an acceptable draft environmental impact statement, or deem the entire pending application abandoned and discontinue review.
  3. A public hearing shall be held on the draft environmental impact statement and should whenever possible, be concurrent with any other hearing on the application. The notice of public hearing must be published at least fourteen (14) calendar days in advance of the public hearing, in a newspaper of general circulation in the area of potential impacts and effects of the action.

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§ 89-13. Final environmental impact statement (FEIS).

  1. Within forty-five (45) calendar days after the close of a public hearing, the lead agency shall prepare a final environmental impact statement; provided, however, that the lead agency may extend this time limit when more time is needed to complete this statement adequately or where problems with the proposed action require material consideration or modification.
  2. The final environmental impact statement and the notice of completion of the final environmental impact statement shall be prepared, issued, distributed and made available for copying by the lead agency as required by 6 NYCRR 617.

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§ 89-14. Fees for review and preparation of environmental impact statement.

  1. The fees for review or preparation of an environmental impact statement involving approval or funding of an action will be fixed from time to time by resolution of the Honeoye Falls Board of Trustees.EN
  2. Fees so fixed will be consistent with the limitations set by 6 NYCRR 617.17. When the environmental impact statement is prepared by the applicant, fees will reflect actual expenses of review. When the environmental impact statement is prepared by an agency on behalf of the applicant, the fees will reflect the cost of preparation, including publication of notices, but not the cost of review by the agency. The lead agency may, however, not charge a fee for its determination of significance. Scoping shall be considered part of the draft environmental impact statement for purposes of determining a SEQR fee.

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