Local Laws and Ordinances

Incorporated Village of Shoreham


Local Law 89-1

Critical Environmental Areas and SEQRA Implementation

Be it enacted by the VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF SHOREHAM as follows:

Section 1.

The Code of the Village of Shoreham is amended to include a new Chapter to read as follows:

Section 1.1 Intent

WHEREAS, the Village of Shoreham contains natural and human environmental resources specifically with regard to woodland and open spaces, flora and fauna, wetlands, groundwater, unique geological features, air quality, beaches and bluffs, and other areas of important aesthetic and scenic quality; and

WHEREAS, these valuable resources are located throughout the Village of Shoreham; and

WHEREAS, the Village Board recognizes that there is now and will continue to be significant development pressure within the Village which, through unrestricted development and construction, may tend to destroy or impair the Village's environmental resources as a result of sewage disposal, groundwater contamination, air impacts, solid waste and traffic generation, loss of wetlands and destruction of wooded and open areas; and

WHEREAS, it is the intention of the Village Board of the Village of Shoreham to protect these valuable resources to the maximum extent possible for the benefit and enjoyment of the Village residents; and

WHEREAS, it is not the Village's intention to create an undue burden upon applicants for land use proposals or to economically impact in any way applicants for small projects for which no significant environmental impact is anticipated, such as small divisions of land, construction of or additions to individual residential structures; and

WHEREAS, actions which are specifically identified as unlisted actions which may pose a significant impact upon the environment can be processed in accordance with 6 NYCRR Part 617.6(b), and, therefore, receive the same through environmental review; and

WHEREAS, designation of Critical Environmental Areas and strict implementation of the provisions of the New York State Environmental Quality Review Act will help us protect the valuable resources of the Village of Shoreham; and

WHEREAS, certain areas within the Village of Shoreham have heretofore been designated as Critical Environmental Areas by Resolution of this Village Board, to wit:

Beach and Bluff Areas

Woodlands

Section 1.2 Critical Environmental Areas.

  1. Those areas described in Exhibit A*, are hereby designated as Critical Environmental Areas, in accordance with 6 NYCRR Part 617.4(h) of the State Environmental Quality Review Act. All previous designations of Critical Environmental Areas, as noted in Section 1.1. are hereby superseded.

  2. The Village Board is hereby designated "lead agency" under SEQRA Article VIII and 6 NYCRR 617.6 for any proposed actions within the Village of Shoreham for which the Village Board of Trustees is an involved agency principally responsible for carrying out, funding or approving.

    * Exhibit A is on file with the Village Clerk, Village of Shoreham, Shoreham, N.Y. 11786

  3. The various Boards and departments of the Village shall act as lead agency on any projects or actions for which they are an involved agency principally responsible for carrying out, funding or approving pursuant to Article 8 of the New York State Environmental Quality Review Act and 6 NYCRR Part 617.6.

  4. The Critical Environmental Areas designated under this resolution shall supersede all previous Village designated Critical Environmental Areas.

Section 1.3 Environmental Assessment Forms.

All actions concerning the use or development of vacant land occurring within the boundaries of the Critical Environmental Areas designated in Section 1.2A of this Local Law of the Village of Shoreham shall be considered as type I actions under SEQRA, thus requiring the preparation and submission of a Long Environmental Assessment Form (LEAF). The following shall not be considered as Type I actions, unless a particular action meets the criteria for type I actions as noted in S80-4 of the Local Law:

  1. Exempt actions pursuant to 6 NYCRR Part 617.
  2. Excluded actions pursuant to 6 NYCRR Part 617.
  3. Type II actions pursuant to 6 NYCRR Part 617.
  4. Ministerial acts.
  5. Subdivision of land involving two lots or less.
  6. Change in zoning of land from commercial or industrial to residential.
  7. Amendments to existing site plans.
  8. Commercial and industrial site plans involving sites of 20,000 square feet or less.
  9. Drainage acquisitions and highway improvements.

Section 1.4 Type I and Type II Actions.

The Village Board hereby adopts the following list of Type I and Type II actions respectively, for the purposes of town procedures for implementation of SEQRA. This list shall supersede all previously designated Type 1 and Type II lists as promulgated by this Board on April 5, 1977 and subsequently amended.

  1. Type I Actions.

    The following actions are Type 1 if they are to be directly undertaken, funded, or approved by an agency:

    1. the adoption of changes in the allowable uses within any zoning district, affecting 5 or more acres.

    2. 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 in this list;

    3. 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 percent of any of the following thresholds;

      1. a project or action which involves the physical alteration of 1 acre or more

    4. any construction, alteration or clearing of brush, trees or land within 50 feet of the landward direction of the top of a bluff line, or within 200 feet of the mean low tide mark.

    5. any Unlisted action, which exceeds 25 percent 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.

    6. any Unlisted action which exceeds a Type I threshold established by an involved agency pursuant to section 617.4 of part 617, 6 NYCRR: or

    7. any Unlisted action which takes place wholly or partially within or substantially contiguous to any critical environmental area designed by a local or state agency pursuant to section 617 4 (h) of Part 617, 6 NYCRR.

  2. Type II Actions.

    The following actions are Type II actions:

    1. replacement of a facility, in kind, on the same site, unless such facility meets or exceeds any of the thresholds in action 617 12 of Part 617. 6 NYCRR:

    2. the granting of individual setback and lot line variances;

    3. repaving of existing highways not involving the addition of new travel lanes;

    4. streets openings for the purpose of repair or maintenance of existing utility facilities;

    5. installation of traffic control devices on existing streets, roads and highways;

    6. public or private forest management practices, other than the removal of trees or the application of herbicides or pesticides;

    7. 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 upgrading of buildings to meet building or fire codes;

    8. maintenance of existing landscaping or natural growth;

    9. mapping of existing roads, streets, highways, uses and ownership patterns;

    10. purchase or sale of furnishings, equipment or supplies, including surplus government property, other than land, radioactive material, pesticides, herbicides, or other hazardous materials;

    11. routine or continuing agency administration and management, not including new programs or major reordering or priorities;

    12. license, lease and permit renewals, or transfers of ownership thereof, where there will be no material change in permit conditions for the scope of permitted activities;

    13. routine activities of educational institutions not involving capital construction, including school closings, but not changes in use related to such closings.

    14. 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;

    15. minor temporary uses of land having negligible or no permanent effects on the environment;

    16. the extension of utility distribution facilities to serve new or altered single or two-family residential structures or to render service in approved subdivisions; and

    17. promulgation of regulations, policies, procedures and legislative decisions in connection with any Type II action.

Section 1.5 Severability.

If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgement shall not affect, impair or invalidate the remainder of this local law but shall be confined to its operation to the clause, sentence, paragraph, section or part of this local law that shall be directly involved in the controversy in which such judgement shall have been rendered.


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