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2024-158
2024-158 A Local Law No. 3 Of 2024 Which Would Amend Chapters 85, 213, 214, and 240 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on September 23, 2024. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2024-158 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Joseph D. Cavaccini Voter ❑ Q ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ Q Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Next: 10/15/24 7:00 PM Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Casella and seconded by Councilman Phillips. WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2024 which would Chapters 85, 213, 214, and 240, of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning; and WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on August 19, 2024 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the amendment of Chapters 85, 213, 214, and 240, of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning; and WHEREAS, the Town Board has determined that the Proposed Action is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development (DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded and stated whose comments were duly added; and WHEREAS, the Town Board has given due consideration to the comments of the Town Planning Board and the DCDPD; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least ten (10) days prior to the adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law, and the Town Board hereby adopts Local Law No.3 of 2024, a copy of which is attached hereto and made a part of this Resolution; except as specifically modified by the amendments contained therein, the Town Code, as originally adopted and amended from time to time thereafter, is to remain in full force and effect. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: RESULT: TABLED [4 TO 11 Next: 10/15/2024 7:00 PM MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: William H. Beale, Angela Bettina, Christopher Phillips, Al Casella NAYS: Joseph D. Cavaccini Dated: Wappingers Falls, New York 9/23/2024 The Resolution is hereby duly declared Tabled. JOSEPH,T. PAOLONI, TOWN CLERK This draft version contains revisions by ML and BR for consideration by the Town Board based on our review of the Planning Board Memo. This version also has the gasoline filling station removed based on discussions at our last meeting, but that is not a BR comment. This version has comments in the margin for explanation purposes. NEW YORK STATE DEPARTMENT OF STATE 08124 41 STATE STREET ALBANY, NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. 3 of the year 2024 A local law entitled "A Local Law No. 3 Of 2024 Which Would Amend Chapters 85, 213, 214, and 240 Of the Town Code With Respect To A Variety Of Definitions, and Zoninq Codes Regarding Businesses, and Planning" Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 3 OF THE YEAR 2024 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This Local Law shall be known and cited as "Local Law No. 3 of 2024, for the Purpose of Amending Chapters 240, 85, 213, 214, and 137 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning" Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to update and Chapters 240, 85, 213, 214, and 137 Of the Town Code With Respect To A Variety Of Definitions, and Zoning Codes Regarding Businesses, and Planning". This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3. Amendments to Chapter 240-5, 240-18, 240-19, 240-20, 240-52, 240-79, 240-81.9, 240 Attachment 2, 85-18, 213-3, 214-2, and 137-6 (items in Black reflect existing code that ventchanged) Section 240-5 shall add, clarify, and/or amend definitions in red ONLY: § 240-5 Definitions. As used in this chapter, the following terms shall have the meanings indicated: WETLAND, WATERBODY, or WATERCOURSE. See Chapter 137-5 for the definition of e term Buffer. Bf llllf.lf' JRf.IF' I1.0 r' -- lot Ilhaving a Ilbuildable area capable of accoiatmodafliiing Il proposed principal and accessory Improvements, and liIncluding, Where iirequired, an on-sitewater supply facility and sewage treafimein't system that imeet the standards of the If' ut6hess Count Department airtmeint of 16-lealllfllh A buildable Illot sllhallllll also adjoin and Ilhave accessto an Improved street Bf llllf.lf' JRf.IF' YIIIIF'I11 --- °°f°he number of Ilpotential Ilbuilding Illots or the imaximum unit density for a Il proposed subdivision after deduction of constrained Illand areas and Ilpublic Improvements on the Ilparent Ilparcel and the minimum yard, area and Ilbulk iirequirements for each Il proposed lot Ilhave Ilbeen imet Clf.f S"°f°IF'IRIIIINC --- sllhallllll imean a subdivision Il plat or Il plats, In Whl6h the applicable llliiicalblle oiniiing ordinance imay Ilhe imodiiifled What Is allowed to Ilprovide an alternative Ilpermitted imefhod forfhe layout, configuration and design of Illots, Ilbuildings and structures, iiroads, utility Il11nes and otlheir Infrastructure, Il auks, and Illandscaping as Is What Is legally iirequired ifllhlln thetown code /titan orderto Ilpreserve the natural and scenic quallliiitles of open Illands Ilproviding It Is /titan a zone that Ilpermits Its use, 2 CONSTRAINED LAND Constrained land e ns land is not capable of beingdeveloped ec use it is constrained y demonstrable physical constraints inclu in watercourse r versin r erty, planning scheme requirements including en space buffer to main roads, land required e transferred to Cuncil for public park or community facilities; constructed or required infrastructure including ower line easement, in road or trunk infrastructure requirement. The above constraints o not extend any matters required s part of the development, including u not limited e construction streets, footpaths, pathways, stormwater drainage, c r rs, pumping stations rte provision of drainage reserves. OFFICIAL MAP A map, adopted by the Town Board in accordance with the provisions of § 270 of the Town Law, showing streets, highways and parks theretofore laid out, adopted and estabIliislhed by llaw and any amendments thereto adopted by the "'I "'own 11:.;oard our addliitliions thereto resullltliing from appiirovalll of subdliivliisliion 11 Illats by the 11:::1lannliing 11:.;oard and the sulbseguent fliil111iing ofsuch approved 11Illats Drainage systems may also be shown on this map. GPEN III' fel' or GPEN AREA Any area or space characterized by natural scenic beauty or whose existing openness, natural condition or present state of use enhances the present or potential value of abutting or surrounding development or maintains or enhances the conservation of natural or scenic resources as expressed In the r'own of Wappinger Coaiprelheinsilve IPllain, For purposes of this section, natural resources shall include but not be limited to agricultural lands used or possessing the potential for use in bona fide agricultural production, imature forest, and scenic aiireas, , Phe teiirirs slhallllll not iiInclude wetlands, wetland buffers, easements, screening or uffeiiriiiing, It also sllhallllll not iiInclude Illand that is (l paved, Illand used for storage, Ilparking or circulation of automobiles or occulpled Illy any structure unless suclh structure served the agricultural, scenic, iirecreational or otllheiir open space use or einllhainces access thereto and use thereof An open space sllhallllll not Ile just Illand ""eft over" (because of Its uinsulltall liilllliity for develllolpmeint, I uclh areas sllhallllll eincoial ass Illand Ilhavii"ng imeaningful ecological, aesthetic and recreational clhaiiracteiiriiistiiics iitlh access, sllhall e, dimensions, Illocation, 'toll ogiiralplhy aind nature and extent of Improvements suiltalblle, for the Intended Il purposes. SMOKE GR I' I ' 151-10 1) n estall lllllslhirneint Ilprimarily engaged In the iiretallll sale of toll acco, tobacco Ilproducts, or tobacco Il aiiralplheiirinallllla, electronic smoking devices, liquid in1cotiiine containers or vapor Ilproducts A use sllhallllll Ilse defined as a smoke or vane slhop Illy considering factors suclh as the Il proportion of floor area dedicated to the display or sale of said Ilproducts, the Il proportion of total iirevenue derived fiiroini said Ilproducts, and the overall imarketing or branding of the estall lllilslhirneint, 3 Section 240-19 shall clarify B, add to section B(4), and add B(7): § 240-19 Modification of lot requirements. For the purposes set forth earlier in this chapter and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed towards the objective of fostering and obtaining land development of good quality and design at reasonable economic cost, the Planning Board is hereby authorized to review and act upon all subdivisions in accordance with the following provisions. In all cases, the Planning Board shall have the full power of subdivision approval, approval with conditions or denial, as authorized by the Town Law. A. Average density subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 278 of the Town Law, at the request of the applicant, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district and that there shall not be a greater average density of population or cover of the land with buildings than is permitted in such district, and further provided that no lot shall have less than the minimum area and dimensions required for lots in the next less restrictive residential zoning district to the one in which the property is located. For the purpose of this section, average density shall be determined by the number of one -family residences which could be built under the zoning district standards in full conformity with the Town's Subdivision Regulations[1] and all other applicable requirements. The basis for determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property. [1] Editor's Note: See Ch. 217, Subdivision of Land. B. Cluster subdivisions. Pursuant to § 278 of the Town Law may by local law or ordinance, y authorize the Planning o r approve a cluster subdivision ONLY with respect lot area and dimensions upon such conditions as the Town Board may impose and provided that: (1) Such modifications result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities and preserve the natural and scenic qualities of open lands. (2) The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Land Subdivision Regulations,[2] the Dutchess County Department of Health Regulations and all other applicable standards. The basis for this determination by the Planning Board shall be a conventional subdivision sketch layout for the subject property, plus such other information as may be required by said Board. [2] Editor's Note: See Ch. 217, Subdivision of Land. 2 (3) The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located. (4) The dwelling units permitted may be detached, semidetached or attached structures, provided that there shall be no more than four dwelling units in any single structure and provided that It the subdivision Is not In conflict iitlh the Il provisions of the Master Plan and cnipllliiie iitlh existing r'ow m of Wappinger Zoning Codes for Whl6h the Ilparcel Is currently zoned, (5) In the event that some part of said subdivision plat includes land to be devoted to park, recreation or open space, the Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as deemed necessary by the Planning Board and such conditions shall be approved by the Town Board. (6) In addition to compliance with any special standards, requirements and procedures as set forth in this § 240-19B, cluster developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in office of the County Clerk, a copy shall be required to be filed with the Town Clerk, who shall make the appropriate notations and references thereto on the official copy of the Town Zoning Map. (7) °°t°IIhe IFliarminiiing Board, as a condition of any approval, imay e t ll lllilslh su6h conditions on the c firmer llhlll , use andmaintenance of su6h open lands sIhown on the Il plat Is ntee necessary to assure the Il preservation of the sinatural firm einiic qualitles of su6h open lands t°IIhe ,r'ow m Board imay require that su6h conditions Il be approved IIby the town Ilboardbefore the Il plat imay l e approved for filling t°IIhe Il provisions of this section sIhall isnot Il be deemeto autlhorlze Ihurge In the II permissible use of su6h land as provided In the zoning ordinance orlocal IIlaw Il ll lllllcall lllc to sucli laiids aiidIliall isnot be iiIii coiafilict witli the Ilpi-ovlsloiis of flhc tc iiii' caiIpr6heiirm hive Il plan (3) AAlienation restricted °t°IIh `r'owrm IBoard of the ,r'ow m of iiin ¢sir i s not Illlii¢�in t¢� affirm IIII q ' � � 'iiirmteiiret liiiirm clleiirm spaces or open areas acquiredIIby It under the Il provisions of § 247 of the General Municipal Law of the State of INew York except upon the adoption of a local IIlaw IIby a majority Ilplus one of the ,r'ow m Board autfhorlzlng the allenation of said Interest, subject to mandatory iireferendum IIby the electors of the ,r'ow m of Wappinger, 5 Section 240-20 shall only amend Flag Lot Street Frontage width: § 240-20 Access and required street frontage. B. Flag and radial lots. A lot may derive its street frontage and access by means of a strip of land connecting the street and the main portion of the lot, provided that no portion of said access and frontage strip of land shall be less than 50:60 feet wide, except that in the R -5A, R -3A, R-80, R-40180 Districts, no portion of said access and frontage strip of land shall be less than 100 feet wide. This applies only to FlagLots leading larger I is or interior land locked lots that would a used for sub -division purposes only. The front yard setback of such a flag lot shall be measured from the rear lot line of the lot between the flag lot and the street on which it has frontage. In the case of a lot with radial or angled side lot lines, the front yard setback shall be established where the lot meets the minimum lot width requirement when measured parallel to the street from which the lot derives access. Should amend 240 Attachment 3, in Note 3. It's reserved. Add "See 240-20B for 1 00'frontage requirement for flag and radial lots in the R -5A, R -3A, R-80, R-40180 Districts. Section 240-79 shall add a section B(7): § 240-79 Tattoo parlors. A. Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well- being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of tattoo parlors in the Town. B. Standards. To help achieve the above -stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein. 0 (1) Not more than one tattoo parlor shall be permitted on any lot. (2) No tattoo parlor shall be permitted on any lot which is located within 2,500 feet of any other lot containing a tattoo parlor. (3) No tattoo parlor shall be permitted in any building which is located within 400 feet of any residential zoning district. (4) No tattoo parlor shall be permitted in any building which is located within 400 feet of any lot on which there is located a school, day-care center, place of worship or other religious institution, community center, public park or playing field. (5) No tattoo parlor shall be permitted in any building which is used in whole or in part for residential purposes. No residential use shall be established in a building of which any part is used as a tattoo parlor. (6) Tattoo parlors shall comply with all other requirements of the Zoning Law as well as all applicable Town, county, state and federal laws and regulations. (7) r'attcc Ilparlors sIhall Il be allowed In I IB and the location restrictions set forth in Section 3 and Section 4 shall be not apply in the NB District. Amend Chapter 240 Attachment 2 Schedule of Use Regulations Nonresidential Districts Town of Wappinger to include Tattoo Parlors as a special permit use in the NB District. Section 240-81.9 shall be added after 240-81.8: 240-3 Smoke Gr Vape 15lholl Legislative Intent "h¢°°"ciirm Board hereby liiiirm that certain business activitles, IIby their nature, Ihave serious objectionable operational 6haracteristics Whl6h can IIIle to significant Impact on the surrounding community °° °IIh ,'own IBoard further finds that dIIhe uncontrolled proliferation of sucIh uses wouldIl be Inconsistent iiiflh the existing development and future plans for the ,'own of Wappinger In that they often iiresult In Influences on the community Ihil6h undermine the eciirmcail , IIpIhyslcal and social welfare of the conimunity Su6h use have Il been foun to contribute to the Il Illliiglhtliiing of surrounding iiresidential and coalmercial areas as a result of the iirelated Il potential for the undermining of the econoailc andsocial welfare of the conimunity andIIby deterring liiiirvestrraeint In and Improvement of surrounding irclpertiles Su6h uses can adversely Impact the general Iheal[fIh, safety and eciirmcail well- being of the entire community Further, the location of these uses imay Il be In areas Where outlh imay regularly eirr blle and the qeiirmer 111tir ospl leer¢ eiirm cis ipassiiing their operation lIs of great concern to the ,'own IBoar , °°Phe Ilpurpose of this section lii to Ilprevent the unrestricted proliferation or oncein'tr tliion of su6h Il businesses, to specifically 116i4 and iireduce their potential accessibilitto 6hlldren anto ensure that the effects of su6h businesses will isnot adversely ffect the Iheal[fIh, safety and eciirmcailwell-being of the conimunity, IIby enacting criteria for the esta lllilslhi aeint of smoke or w ape sIhops In the ,'own, Standards, , nc Ihelp Ihliieve tIIheIl cw e—st to goals anto Il irciniote the objectives of the ,'own Ccaipr6heiirm hive Plan, the granting of special II permit approval IIby the Planning IBoard IIhall Il be 7 subject to the following requirements In addition to the requirements f special Ilpermit approval iir vall liIn § 240-44, herein ( INot more than one smoke and or w ape sIhqp sIhall IIbe IIpermitted on any I c, ( Ido smoke or vape sIhqpIhall IIbe IIpermitted on any Ic Whl6h Is I teiiitlhihn 3,500 feet of any tIher III c containing a smoke and or w ape sIhqp ( Ido smoke and or vape sIhqpIhall IIbe IIpermitted lihn anybuilding Whl6h Is I teiiitlhihn 400 feet of any residential dwelling ( Ido smoke and or vape sIhqpIhall IIbe IIpermitted lihn anybuilding Whl6h Is I teiiitlhihn 400 feet of any Ic on Whl6h there Is I teIIhool, day-care center, IIplace of worslhlp or other religious Institution, community center, Ilpublicpark or Il playing fiiieIII , (5) Ido smoke and or vape sIhqpIhall IIbe IIpermitted lihn anybuilding Whl6h Is used hn Whole or harm Ilpart for iiresidential Ilpurposes Ido iiresidential use sIhall IIbe establlslhed hn abuilding of Whl6h any Ilpart Is used as a smoke and or w ape sIhqp ( Smoke and vape sIhqps sIhall comply with all other requirements f the Zoning L eIll as IIIIII applicable °" bwn, county, state and federal IIlaws andiiregulations (7) Smoke and w ape sIhqps, sIhall constitute fino morethan 1% of the stores of floor space. § 240-108, building permit fees: (a) [5] Compliance fee for structure or use for which no permit or CIO was obtained: [a]Commercial: $250, plus cost of building permit for structure/use. [b]II eiii entlall: I ase cost of Residential Building II' eiiri It for tructuire/use, [Amended 9-27-2010 by L.L. No. 3-2010[22]] [22] Editor's Note: This local law provided that the fees set forth therein would take effect retroactively as of 1-25-2010. [12] Remove stop -work order: [a]Commercial: $250. [b]II" elii eiirtlall I ew Construction Building II' erimlt for Structure: $250 [c]II" elii eiirtlall Existing tliiin Structure iiiflh Inc Building II' erirr It for Use: , [Added 8-8-2016 by L.L. No. 4-2016] [13] Legalization fee: [a]Commercial: $250. [b]II" eiii eiir tlall: [Added 8-8-2016 by L.L. No. 4-2016] Section 85-18 shall accurately reflect the amendments that were made to Local Law 3, 2023: 85-18 Building Permit Fees, alter to below. [15] Commercial Building Permit Renewal: [a] Base Ccatirraer iii 111 Permit Fee plus 10% of estimated project cost for first renewal. [b] Base Ccatirraer iii 111 Permit Fee plus 25% of estimated project cost for second renewal. [c] Base Ccatirraer iii 111 Permit Fee plus 50% of estimated project cost for third renewal. ['� Residential Building II' erirr It Renewal: [a"� IBase Residential II' erirr It Fee 9 Section 213-3 shall accurately reflect a clustered subdivision: § 213-3 Applicability. A. All land development activities, as such are defined in § 213-5 of this article, including, but not limited to, land development activities subject to review and approval by the Town Board, the Planning Board or the Zoning Board of Appeals of the Town under subdivision, site plan, special permit, wetland permit, grading permit and/or other environmental permit regulations, shall be reviewed subject to the standards contained in this chapter. B. It shall be unlawful for any person to engage in a land development activity, other than an exempt activity as defined in § 213-4, without a stormwater pollution prevention plan approved by the Stormwater Management Officer or other approving authority, as specified in Subsection C below. C. The Stormwater Management Officer shall accept, review and be the approving authority for all stormwater pollution prevention plans (SWPPP), except the approving authority for land use applications subject to approval under this Code shall be as follows: (1) Conventional subdivision. The Planning Board shall approve SWPPPs in connection with applications for conventional subdivisions under Chapter 217 in all districts. (2) Average density subdivision. The Planning Board shall approve SWPPPs in connection with applications for average density subdivisions pursuant to § 240-19A in all districts. (3) Clllusteur subdivision. The Town Board shall approve SWPPPs in connection with applications for clllusteur subdivisions pursuant to § 240-19B in all districts. (4) Mandatory open space subdivision. The Planning Board shall approve SWPPPs in connection with applications for mandatory open space subdivisions pursuant to § 240-19C in all districts. (5) Special permit uses. The Planning Board shall approve SWPPPs in connection with applications for special permit uses pursuant to Article VII of Chapter 240 in all districts, except in those cases where the Schedule of Use Regulations[1] designates the Town Board as the approving agency, in which case the Town Board shall approve the SWPPP. [1] Editor's Note: The Schedule of Use Regulations is included at the end of Ch. 240, Zoning. (6) Site development plans. The Planning Board shall approve SWPPPs in connection with site development plans pursuant to Article IX of Chapter 240 in all districts; the Architectural Review Board is designated as the Planning Board. (7) Planned unit developments. The Town Board shall approve SWPPPs in connection with applications for planned unit developments pursuant to § 240-39. (8) Designed Residential Development. The Town Board shall approve SWPPPs in connection with applications for Designed Residential Development pursuant to § 240-50 in all districts. 10 Section 214-2 shall add the definition for a CURB, & restated the definitions from Chapter 217: § 214-2 Definitions CURB -- llcw Ilbarrier usually along the Il pavement Illiiiiir e of s street, iiroad orIlhlgi lhws , controlling surfaceiraiiii age and separating v6lhlcullsir areas fiironi IIpedestrian and/or landscapi"hng areas, Section 137-6 sllhalllll add s iirn w section IE to add s iirestriction against disturbing more than 101% of s wetland or more than 50% of the Ilbuffer of s wetland, waterbody or watercourse § 137-6. Regulated activities; as -of -right activities; prohibited activities; exempt activities. [Amended 1-28-2013 by L.L. No. 2-2013] A. Regulated activities. Except as provided in Subsections B, C and D below, no person shall conduct any of the following regulated activities within any freshwater wetland or adjacent one -hundred -foot buffer area unless such person has first obtained a permit pursuant to this chapter: 1. Placement or construction of any structure. 2. Any form of draining, dredging, excavation or removal of material, either directly or indirectly. 3. Any form of dumping, filling or depositing of material, either directly or indirectly. 4. Installation of any service lines or cable conduits.5. Introduction of any form of pollution, including, but not limited to, the installation of a septic tank, the running of a sewer outfall or the discharging of sewage treatment effluent or other liquid wastes into, or so as to drain into, a wetland. 6. Alteration or modification of natural features and contours. 7. Alteration or modification of natural drainage patterns. 8. Construction of dams, docks or other water control devices, pilings or bridges, whether or not they change the natural drainage characteristics. 9. Installation of any pipes or wells. 10. Clear -cutting. 11. Removal or cutting of any vegetation except as permitted in § 137-613. 12. Any agricultural activity not conducted in an agricultural district which involves any other activity in this Subsection A. 13. Excavation and removal of peat. 14. Any other activity that may impair the natural functions of a wetland. B. As -of -right activities. No permit under this chapter shall be required for any of the following activities, provided that they do not constitute a pollution or erosion hazard or interfere with proper drainage and do not require structures, grading, fill, draining or dredging for which a permit may be required: 1. The deposit or removal of the natural products of the wetlands by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping where otherwise legally permitted. 2. Outdoor recreation activities that do not require construction or that do not materially alter the natural state of the land, including use of field trails for nature study, hiking, swimming, skin diving and boating, where otherwise legally permitted. 3. Normal ground maintenance, including mowing and trimming of vegetation, but excluding removal of vegetation that may cause erosion of sediment into a wetland, waterbody, or watercourse. 4. Repair of existing decorative landscaping and planting in a wetland, waterbody, or watercourse buffer zone. 5. Repair of existing walkways, walls, and driveways. 6. Public health activities, in emergencies only, of the Dutchess County Department of Health and/or New York State Department of Health. 7. Operation and maintenance of existing dams and water -control devices. 8. Decorative planting in a buffer. C. Prohibited activities. It shall be unlawful for any person to place or deposit animal wastes, chemical wastes or sewage effluent within a wetland or its buffer or to introduce influents of sufficiently high thermal content as to cause deleterious ecological effects. D. Exempt activities. A wetlands permit shall not be required for: 1. Activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home. 2. Farm operations, as defined in the New York State Agriculture and Markets Law, when conducted in an agricultural district, unless the proposed disturbance for the farm operation has the potential to result in substantial off-site impact IE I � li l�� a=�ir� c li ire u i 11 c li li li r� li ed Iiia �;�ecfli� . ire Ik � ire � u i 11 c . p a�tVJ! tIIII be -,,,_p -,Ejj�littted to 6stuirb rinore than 10% of a weVand inor rinore than % of the lk u i - r- 11 irnc -waterbady "tercouirse,, 12 Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part I is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Local Law No. 3 of 2024 Project Location (describe, and attach a general location map): Amendment to Chapter 240 of Zoning Code- affects all of Town of Wappinger Brief Description of Proposed Action (include purpose or need): Amendment to Chapter 240-5 of the Town of Wappinger Town Code (Zoning) to replace, add and edit certain definitions for consistency with other sections of the Town Code and to provide for definitions of terms currently in use / in common parlance but otherwise not defined; amendment to Chapter 240-79 to permit tattoo parlors in the NB Zoning District; amendment to Chapter 240-81.9 to limit the location of smoke and vape shops; and amendment to Chapter 240- 52 to place limitations on locations of new gasoline filling stations. Name of Applicant/Sponsor: Telephone: Town of Wappinger Town Board E -Mail: jcavacinni@townofwappingerny.gov Address:20 Middlebush Road City/PO: Wappingers Falls State: New York Zip Code: 12590 Project Contact (if not same as sponsor; give name and title/role): Telephone: Joseph Cavacinni, Supervisor E -Mail: same as above Address: 20 Middlebush Road City/PO: State: Zip Code: Wappinger Falls Property Owner (if not same as sponsor): Telephone: E -Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, ®Yes❑No Adoption by Town Board of Local Law July 13, 2024 or Village Board of Trustees b. City, Town or Village ❑Yes®No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): Planning Board or Commission c. City, Town or ❑Yes®No Village Zoning Board of Appeals d. Other local agencies ❑Yes®No e. County agencies ❑Yes®No f. Regional agencies ❑Yes®No g. State agencies ❑Yes®No h. Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑Yes mNo ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑ YesmNo iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes0No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 mYes❑No C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? ®Yes❑No ®Yes❑No b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): ❑Yes❑No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ❑Yes❑No Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. m Yes❑No If Yes, what is the zoning classification(s) including any applicable overlay district? b. Is the use permitted or allowed by a special or conditional use permit? ❑ Yes❑No c. Is a zoning change requested as part of the proposed action? ❑ Yes❑No If Yes, i. What is the proposed new zoning for the site? CA. Existing community services. a. In what school district is the project site located? b. What police or other public protection forces serve the project site? c. Which fire protection and emergency medical services serve the project site? d. What parks serve the project site? D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? b. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? ❑ Yes[-] No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ❑No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? ❑Yes []No iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e. Will the proposed action be constructed in multiple phases? ❑ Yes❑No i. If No, anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month _year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f. Does the project include new residential uses? ❑Yes❑No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction (including expansions)? ❑Yes❑No If Yes, i. Total number of structures ii. Dimensions (in feet) of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any [-]Yes[]No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment, the principal source of the water: ❑ Ground water ❑ Surface water streams E] Other specify: iii. If other than water, identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? ❑Yes❑No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i. What is the purpose of the excavation or dredging? ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes, describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? ❑Yes❑No iv. Summarize site reclamation goals and plan: b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment ❑ Yes❑No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: iii. Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑No If Yes, describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑ Yes❑No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c. Will the proposed action use, or create a new demand for water? ❑Yes ONO If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? ❑Yes ❑Ivo If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑ Yes[-] No • Is the project site in the existing district? ❑ Yes❑ No • Is expansion of the district needed? ❑ Yes[] No • Do existing lines serve the project site? ElYes[]No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes ❑Ivo If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s) of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yes❑No If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: vi. If water supply will be from wells (public or private), what is the maximum pumping capacity: gallons/minute. d. Will the proposed action generate liquid wastes? ❑ Yes ❑No If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? Yes [—]No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? Yes [—]No Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes❑No • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? V. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point [-]Yes[-]No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) Square feet or acres (parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? iv. Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? Yes[-] No ❑Yes❑No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel [-]Yes[-]No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, [-]Yes [-]No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet [--]Yes [--]No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) • Tons/year (short tons) of Nitrous Oxide (N20) • Tons/year (short tons) of Perfluorocarbon (PFCs) • Ton/year (short tons) of Sulfur Hexafluoride (SF6) • Ton/year (short ton) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Ton/year (short ton) of Hazardous Air Pollutants (HAPS) Page 6 of 13 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, ❑Yes❑No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ❑Yes❑No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes❑No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): ❑ Morning ❑ Evening ❑Weekend ❑ Randomly between hours of to ii. For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes ❑No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within '/z mile of the proposed site? vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ❑Yes❑No ❑Yes❑No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand ❑Yes❑No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): iii. Will the proposed action require a new, or an upgrade, to an existing substation? ❑Yes❑No 1. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday - Friday: • Monday - Friday: • Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, operation, or both? If yes: i. Provide details including sources, time of day and duration: ❑ Yes ❑No ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? Describe: ❑ Yes ❑No n. Will the proposed action have outdoor lighting? If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: ❑ Yes []No ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? Describe: ❑ Yes ❑No o. Does the proposed action have the potential to produce odors for more than one hour per day? If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: ❑ Yes ❑No p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored ii. Volume(s) per unit time (e.g., month, year) iii. Generally, describe the proposed storage facilities: ❑ Yes ❑No q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): ❑ Yes []No ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation: tons per (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: ❑ Yes ❑No • Operation: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes ❑ No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment, or • Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: years t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑Yes❑No waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes: provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ii. If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +/-) • Roads, buildings, and other paved or impervious surfaces • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) • Other Describe: Page 9 of 13 c. Is the project site presently used by members of the community for public recreation? ❑Yes❑No i. If Yes: explain: d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ❑Yes❑No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: e. Does the project site contain an existing dam? ❑Yes❑No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑Yes❑No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑Yes❑ No • If yes, cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin ❑Yes❑No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any ❑ Yes❑ No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes — Spills Incidents database Provide DEC ID number(s): ❑ Yes — Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities, describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑ Yes❑No If yes, provide DEC ID number(s): iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? ❑ Yes❑No • If yes, DEC site ID number: • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑ Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? feet b. Are there bedrock outcroppings on the project site? ❑ Yes❑No If Yes, what proportion of the site is comprised of bedrock outcroppings? % c. Predominant soil type(s) present on project site: % d. What is the average depth to the water table on the project site? Average: feet e. Drainage status of project site soils:❑ Well Drained: % of site ❑ Moderately Well Drained: % of site ❑ Poorly Drained % of site f. Approximate proportion of proposed action site with slopes: ❑ 0-10%: % of site ❑ 10-15%: % of site ❑ 15% or greater: % of site g. Are there any unique geologic features on the project site? ❑ Yes❑No If Yes, describe: h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ❑Yes❑No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, El Yes ❑No state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No. (if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired El Yes ❑No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ❑Yes ❑No j. Is the project site in the 100 -year Floodplain? ❑Yes ❑No k. Is the project site in the 500 -year Floodplain? ❑Yes ❑No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? ❑Yes ❑No If Yes: i. Name of aquifer: Page 11 of 13 m. Identify the predominant wildlife species that occupy or use the project site: n. Does the project site contain a designated significant natural community? E] Yes ❑No If Yes: i. Describe the habitat/community (composition, function, and basis for designation): ii. Source(s) of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑ Yes❑No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing (endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of ❑Yes❑No special concern? If Yes: i. Species and listing: q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? ❑Yes❑No If yes, give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to ❑Yes❑No Agriculture and Markets Law, Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? ❑Yes❑No i. If Yes: acreage(s) on project site? ii. Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ❑Yes❑No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes❑No If Yes: i. CEA name: ii. Basis for designation: iii. Designating agency and date: Page 12 of 13 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ❑ Yes❑ No which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes ❑No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑Yes ❑No If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ❑Yes ❑No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑ Yes❑No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes ❑No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Signature Date Title PRINT FORM Page 13 of 13 Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Agency Use Only [If applicable] Project: Date: Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer "Yes" to a numbered question, please complete all the questions that follow in that section. • If you answer "No" to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box "Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub -questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the "whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ®NO ❑ YES the land surface of the proposed site. (See Part 1. D.1) I "Yes'; answer questions a -. I "No", move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. E2f ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed, or E2a ❑ ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q ❑ ❑ disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. Bli ❑ ❑ h. Other impacts: ❑ ❑ Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ®NO ❑ YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes'; answer questions a - c. ff "No ", move on to Section 3. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. Identify the specific land form(s) attached: E2g ❑ ❑ D2b b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. c. The proposed action may involve dredging more than 100 cubic yards of material D2a Specific feature: ❑ from a wetland or water body. c. Other impacts: ❑ ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑ YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.21) I "Yes' , answer questions a - 1. I "No ", move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b, Dlh ❑ ❑ b. The proposed action may result in an increase or decrease of over 10% or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h ❑ ❑ runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c ❑ ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d ❑ ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ❑ ❑ around any water body. k. The proposed action may require the construction of new, or expansion of existing, Dla, D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ©NO ❑ YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes'; answer questions a - h. If `No'; move on to Section 5. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. ❑ ❑ patterns. Cite Source: e. The proposed action may change flood water flows that contribute to flooding. c. The proposed action may allow or result in residential uses in areas without water and Dl a, D2c ❑ ❑ sewer services. f. If there is a dam located on the site of the proposed action, is the dam in need of repair, d. The proposed action may include or require wastewater discharged to groundwater. D2d, E21 ❑ ❑ e. The proposed action may result in the construction of water supply wells in locations D2c, Elf, ❑ ❑ where groundwater is, or is suspected to be, contaminated. Elg, Elh f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21, D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. NO ❑ YES (See Part 1. E.2) I "Yes'; answer questions a - g. I `No'; move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i ❑ ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d. The proposed action may result in, or require, modification of existing drainage D2b, D2e ❑ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, ❑ ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, El e ❑ ❑ or upgrade? Page 3 of 10 g. Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. ©NO ❑ YES (See Part 1. D.2.f., D.2.h, D.2.g) If "Yes'; answer questions a - f. If "No'; move on to Section 7. Relevant 6. Impacts on Air The proposed action may include a state regulated air emission source. ©NO ❑ YES (See Part 1. D.2.f., D.2.h, D.2.g) If "Yes'; answer questions a - f. If "No'; move on to Section 7. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may may occur may occur occur a. If the proposed action requires federal or state air emission permits, the action may ❑ ❑ threatened or endangered species, as listed by New York State or the Federal also emit one or more greenhouse gases at or above the following levels: government, that use the site, or are found on, over, or near the site. i. More than 1000 tons/year of carbon dioxide (CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide (N20) D2g ❑ ❑ iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g ❑ ❑ iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons (HFCs) emissions Federal government, that use the site, or are found on, over, or near the site. vi. 43 tons/year or more of methane D2h ❑ ❑ b. The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous the Federal government. air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU's per hour. d. The proposed action may reach 50% of any of the thresholds in "a" through "c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m. -q.) W]NO ❑YES I "Yes'; answer questions a -. I "No", move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p ❑ ❑ species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 e. The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E3c ❑ ❑ f. The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: E2n ❑ ❑ Part I g. The proposed action may substantially interfere with nesting/breeding, foraging, or over -wintering habitat for the predominant species that occupy or use the project site. E2m ❑ ❑ h. The proposed action requires the conversion of more than 10 acres of forest, grassland or any other regionally or locally important habitat. Habitat type & information source: Elb ❑ ❑ i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. D2q ❑ ❑ j. Other impacts: ❑ ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) WINO ❑ YES I "Yes'; answer questions a - h. ff "No'; move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b ❑ ❑ NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land El a, Elb ❑ ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3a ❑ ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ❑ ❑ management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, ❑ ❑ potential or pressure on farmland. 132c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h. Other impacts: ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in NO ❑ YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.l.a, E.l.b, E.31.) I "Yes'; answer questions a - g. ff `No'; go to Section 10. Relevant Relevant No, or Moderate Part I Part I small to large Question(s) Question(s) impact impact may m r may occur occur a. Proposed action may be visible from any officially designated federal, state, or local E3h ❑ ❑ scenic or aesthetic resource. of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for b. The proposed action may result in the obstruction, elimination or significant E3h, C2b ❑ ❑ screening of one or more officially designated scenic views. b. The proposed action may occur wholly or partially within, or substantially contiguous c. The proposed action may be visible from publicly accessible vantage points: E3h ❑ to, an area designated as sensitive for archaeological sites on the NY State Historic i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ❑ ❑ ii. Year round ❑ ❑ d. The situation or activity in which viewers are engaged while viewing the proposed E3h ❑ to, an archaeological site not included on the NY SHPO inventory. action is: E2q, Source: i. Routine travel by residents, including travel to and from work ❑ ❑ ii. Recreational or tourism based activities Elc ❑ ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla, Ela, ❑ ❑ project: Dlf, Dlg 0-1/2 mile '/2 -3 mile 3-5 mile 5+ mile g. Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological QNO ❑ YES resource. (Part 1. E.3.e, f. and g.) If "Yes'; answer questions a - e. If "No", go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may m r r a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b. The proposed action may occur wholly or partially within, or substantially contiguous E3f ❑ ❑ to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. c. The proposed action may occur wholly or partially within, or substantially contiguous E39 ❑ ❑ to, an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d. Other impacts: The proposed action may result in a loss of recreational opportunities or a F,/]NO ❑ YES ❑ ❑ (See Part 1. C.2.c, E.l.c., E.2.q.) If any of the above (a -d) are answered "Moderate to large impact may Moderate Relevant No, or e. occur", continue with the following questions to help support conclusions in Part 3: to large Part I small i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, ❑ ❑ of the site or property. E3f a. The proposed action may result in a reduction in the quantity of the resource or may occur ii. The proposed action may result in the alteration of the property's setting or E3e, E3f, ❑ ❑ integrity. E3g, Ela, E21r, EM ❑ Elb E2m, E2o, iii. The proposed action may result in the introduction of visual elements which are out of character with the site or property, or may alter its setting. E3e, E3f, E3g, E31r, ❑ ❑ ❑ C2, C3 C2a, Elc, ❑ 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a F,/]NO ❑ YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes"; answer questions a - e. ff "No", go to Section 12. Moderate Relevant No, or Moderate to large Part I small to large impact may Question(s) impact impact may occur a. The proposed action may result in a reduction in the quantity of the resource or may occur occur a. The proposed action may result in an impairment of natural functions, or "ecosystem D2e, Elb ❑ ❑ services", provided by an undeveloped area, including but not limited to stormwater E21r, EM ❑ storage, nutrient cycling, wildlife habitat. E2m, E2o, E2n, E2 ❑ b. The proposed action may result in the loss of a current or future recreational resource. C2a, Elc, ❑ ❑ C2c, E2 c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c ❑ ❑ with few such resources. Elc, E2q d. The proposed action may result in loss of an area now used informally by the C2c, Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑✓ NO ❑ YES environmental area (CEA). (See Part 1. E.3.d) I "Yes"; answer questions a - c. ff "No", go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or EM ❑ ❑ characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or EM ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. W] NO ❑ YES (See Part 1. D.2 j) I "Yes'; answer questions a - f ff "No'; go to Section 14. I "Yes' , answer questions a -.f I "No ", go to Section 16. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. Dlq, D2k D2m, Eld ❑ c. The proposed action will degrade existing transit access. D2j ❑ ❑ d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e. The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ E01her Impacts: 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. NO YES (See Part 1. D.21) I "Yes'; answer questions a - e. I "No", go to Section 15. I "Yes' , answer questions a -.f I "No ", go to Section 16. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k D2m, Eld ❑ commercial or industrial use. hospital, school, licensed day care center, or nursing home. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. E01her Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. QNO ❑YES (See Part 1. D.2.m., n., and o.) I "Yes' , answer questions a -.f I "No ", go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, Eld ❑ ❑ hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky -glow brighter than existing area conditions. 132n, Ela ❑ ❑ f. Other impacts: small ❑ ❑ Question(s) 16. Impact on Human Health The proposed action may have an impact on human health from exposure © NO ❑ YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes'; answer questions a - m. I "No'; go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day Eld ❑ ❑ care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg, Elh ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site Elg, Elh ❑ ❑ remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg, Elh ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg, Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal, or processing, of 132r, D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf, Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill Elf, Elg ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the 132s, Elf, ❑ ❑ project site. D2r in. Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. [:]NO YES (See Part 1. C.1, C.2. and C.3.) If "Yes'; answer questions a - h. If `No'; go to Section 18. I "Yes'; answer questions a - g. ff "No ", proceed to Part 3. Relevant No, or Moderate Moderate Part I small to large to large Question(s) impact impact may impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, Dla ® ❑ contrast to, current surrounding land use pattern(s). Ela, Elb b. The proposed action will cause the permanent population of the city, town or village C2 ® ❑ in which the project is located to grow by more than 5%. schools, police and fire) c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 ® ❑ d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ® ❑ plans. d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ e. The proposed action may cause a change in the density of development that is not C3, Dlc, ® ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld, Dlf, C2, C3 ❑ ❑ Dld, Elb f. The proposed action is located in an area characterized by low density development C4, D2c, D2d ® ❑ that will require new or expanded public infrastructure. D2j Ela, Elb g. The proposed action may induce secondary development impacts (e.g., residential or C2a ® ❑ commercial development not included in the proposed action) g. Other impacts: ❑ h. Other: I ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ONO YES (See Part 1. C.2, C.3, D.2, E.3) I "Yes'; answer questions a - g. ff "No ", proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 ❑ ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, Dlf ❑ ❑ there is a shortage of such housing. Dlg, Ela d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 ❑ ❑ Ela, Elb E2g, E2h g. Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 Use Project : LL No. 3 of 2024 Date : August 13, 2024 Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. This Action involves amendments to Chapter 240-5 of the Town of Wappinger Town Code (Zoning) to replace, add, remove and edit certain definitions in the Zoning Code for consistency with other sections of the Town Code and to provide for definitions of terms currently in use / in common parlance but otherwise not defined; amendments to Chapter 240-79 to permit tattoo parlors in the NB Zoning District; amendments to Chapter 240-81.9 to limit the location of smoke and vape shops; and amendments to Chapter 240- 52 to place limitations on locations of new gasoline filling stations. The amendment to the various definitions in the Zoning Code do not increase or alter the permitted uses in any of the zoning districts in a way that creates a potential for a significant adverse environmental impact and are not inconsistent with the Town's Comprehensive Plan adopted in 2010. Allowing tattoo parlors is also not inconsistent with the Town's Comprehensive Plan. Over time, prior stigmas related to tattoo parlors have gone away and the use is no longer objectionable from a community character perspective. Finally, placing distance restrictions on gas station locates is also not inconsistent with the Town's Comprehensive Plan and does not have the potential for a significant adverse environmental impact. For those reasons, a negative declaration is appropriate for adoption in connection with Local Law No. 3 of 2024. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: © Type I ❑ Unlisted Identify portions of EAF completed for this Project: 0 Part I 0 Part 2 0 Part 3 FEAF 2019 Upon review of the information recorded on this EAF, as noted, plus this additional support information and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the as lead agency that: ✓❑ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Local Law No. 3 of 2024 Name of Lead Agency: Town of Wappinger Town Code Name of Responsible Officer in Lead Agency: Joseph Cavacinni Title of Responsible Officer: Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer (if different from Responsible Officer) Date: For Further Information: Contact Person: Joseph Cavaccini Address: 20 Middlebush Road, Wappingers Falls, New York Telephone Number: E-mail: jcavaccini@townofwappingerny.gov For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dec.U.gov/enb/enb.htlnl PRINT FULL FORM Page 2 of 2