LL #06-1992LOCAL LAW # 6 OF THE YEAR 1992
A LOCAL LAW AMENDING LOCAL LAW #2
OF 1977 ENTITLED "ENVIRONMENTAL QUALITY REVIEW"
SECTION 1. ARTICLE II "Lists of Actions" is hereby amended to
read as follows:
"Article II
Classification of Actions
§ 20: Type I Actions
Pursuant to the authority vested in the Town under Title 6
NYCRR Part 617.4(e) and 617.12, the Town of Wappinger hereby
identifies the following actions or projects as TYPE I ACTIONS
because they carry with them the presumption that they are likely
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to have a significant effect on the environment and, therefore,
they are more likely to require the preparation of an EIS than
UNLISTED ACTIONS:
A. Construction of new (or expansion by more than 50
percent of existing size, square footage or usage of
existing):
(1) Airports.
(2) Public institutions such as hospitals, schools and
institutions of higher learning and correction
facilities, main office centers.
(3) Road or highway sections (including bridges) which
require an indirect source permit under 6 NYCRR
Part 203.
(4) Parking facilities or other facilities with an
associate parking area for 100 or more cars only
if such facility would require an indirect source
permit under 6 NYCRR Part 203.
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(5) Dams with a downstream hazard of "C"
classification under Environmental Conservation
Law (ECL) section 15-0503.
(6) Stationary combustion installations.
(7) Chemical pulp mills.
(8) Cement plants.
(9) Iron and steel plants.
(10) Primary aluminum ore reduction plants.
(11) Incinerators operating at a refuse charging rate
exceeding 30 tons of refuse per 24-hour day.
(12) Sulfuric acid plants.
(13) Petroleum refineries.
(14) Lime plants.
(15) Bi -product coke manufacturing plants.
(16) Storage facilities designed for or capable of
storing liquid natural gas, liquid petroleum gas
or other liquid fuels.
(17) Sulfur recovery plants.
(18) Fuel conversion plants.
(19) Process, exhaust and/or ventilation systems
emitting air contaminants assigned an
environmental rating of "A" under 6 NYCRR 2-- are
based upon the toxicity level value (TLV) of such
contaminants.
(20) Process, exhaust and/or ventilation systems from
which the total emission rate of all air
contaminants exceeds classification limits
established by Dept. of Environmental
Conservation.
(21) Any sanitary landfill or solid waste disposal
system.
(22) Any facility, development or project which to be
directly located in one of the following critical
areas:
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(i) tidal wetlands as defined in'Article 25 of
the ECL;
(ii) freshwater wetlands as defined by Local Law
#1, 1976;
(iii) Flood plains as defined by Article 36 of the
ECL;
(iv) wild, scenic and recreational rivers areas
defined in Title 27 of Article 15 of the ECL.
(23) Any facility, development or project having an
adverse impact on any historic or prehistoric
building, structure or site listed on the National
Register of Historic Places the Statewide
Inventory of Historical and Cultural Resources or
Landmarks of Dutchess Co 1683-1867 as prepared by
the Dutchess County Planning Board.
(24) Any development, project or permanent facility of
a non-agricultural use in an agricultural district
which requires a permit except those listed as
Type II actions.
(25) Any facility, development or project which would
generate more than 600 vehicle trips per hour or
more than 4,000 vehicle trips per any eight-hour
period.
(26) any industrial facility, which has a discharge
flow, from other than incidental purposes.
(27) Any publicly or privately owned sewage treatment
works which has an average daily design flow of
more than 2,000 gallons daily.
(28) Lakes or other bodies of water with a water
surface in excess of 5 acres.
(29) Any mining or resource extraction industry.
B. Any funding, licensing or planning activities in
respect of any of the types of construction listed in
"A" above.
C. The application or use of pesticides for other than
agricultural purposes:
(1) Rodenticides - use and/or storage in other
than incidental use
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(2) Insecticides - storage and/or application to
more than 100 contiguous acres
(3) Herbicides - use and/or storage in other than
incidental use
D. The proposed adoption of comprehensive land use plans,
zoning ordinances, buildings codes, comprehensive solid
waste plans, state and regional transportation plans,
water resource basin plans, comprehensive water quality
studies, area -wide waste water treatment plans, state
environmental plans, local flood plain control plans,
and the like.
E. Commercial burial, transportation or handling of
radioactive materials requiring a permit.
F. Any action which will result in excessive or unusual
noise or vibration taking into consideration the
volume, intensity, pitch, time duration and the
appropriate land uses for both the source and the
recipient of such noise and vibration.
G. Acquisition or sale by a public agency of more than 50
contiguous acres of land, based upon anticipated use.
H. Any other action included in Title 6 - Part 617 NYCRR.
I. Construction of new residential units which meet or
exceed the following thresholds:
(i) In the areas designated as thick glacial till;
thin glacial till and exposed bedrock; lacustrine
silt and clay; flood plain alluvial or peat soils
and made land on a map entitled "Town of
Wappinger, Dutchess County, new York, 'Surficial
Deposits' prepared by the Dutchess County Planning
Department" adopted by the Town Board of the Town
of Wappinger on April 7, 1986, the construction of
four or more units not to be connected at the
commencement of habitation, to community or
publicly owned utilities.
(ii) In the areas designated as thick sand and
gravel and thin sand and gravel on the said
approved "Surficial Deposits' map the construction
of twelve or more units not be connected at the
commencement of habitation, to community or
publicly owned utilities.
(iii) In any area of the Town, the construction of
fifty or more units to be connected, at the
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commencement of habitation, to community or
publicly owned utilities.
K. Construction of new non-residential facilities which
meet or exceed any of the following thresholds; or the
expansion of existing non-residential facilities by
more than fifty percent (50%) of any of the following
thresholds, providing that the expansion of the
existing facilities, when combined, meet or exceed any
threshold contained in this section:
(i) A project or action which involves the
physical alteration of one or more acres;
(ii) A project or action which would use ground or
surface water in excess of 2,000 gallons per day;
(iii) Parking for 80 vehicles;
(iv) A facility with more than 10,000 square feet
of gross floor area;
L. Any non-agricultural use occurring wholly or partially
within an agricultural district (certified pursuant to
Agricultural and Markets Law Article 25 Section 303)
which exceeds ten percent (10%) of any threshold
established in 6 N.Y.C.R.R. 617.12 or in this local
law.
M. Any project or action which exceeds twenty-five percent
(25%) in 6 N.Y.C.R.R. 617.12 or in this local law
occurring wholly or partially within or substantially
contiguous to any publicly owned or operated park land,
recreation area or designated open space."
SECTION 2. Reaffirmation of Type II and Exempt Actions.
Except as herein amended, the remaining portions of
Article II, specifically "Section 21: Actions, Type II" and
"Section 22: Exempt Actions" shall remain in full force and
effect and are otherwise hereby reconfirmed.
SECTION 3. Partial Repeal.
Article III, Article IV, Article V, Article VI, and
Article VII of Local Law #2 of 1977, as amended are hereby
rescinded and rendered null and void.
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SECTION 4. SEQRA Regulations Applicable.
Except as modified herein, all substantive and procedural
requirements set forth in ARTICLE VIII of the Environmental
Conservation Law and the related Title 6, Part 617-NYCRR shall be
applicable.
SECTION 5. Separability.
The provisions of this Local Law are separable, and, if any
provision, clause, sentence, subsection, word or part thereof is
held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or
unconstitutionality, or inapplicability shall not effect or
impair any of the remaining provisions, clauses, sentences,
subsections, words or parts of this Local Law or their
application to other persons or circumstances. It is hereby
declared to be the legislative intent that this Local Law would
have been adopted if such illegal, invalid or unconstitutional
provision, clause, sentence, subsection, word or part had not
been included therein, and if such person or circumstance, to
which a Local Law or part thereof is held inapplicable, have been
specifically exempt therefrom.
SECTION 6. Effective date.
This Local Law shall take effect immediately.
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