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resolution 9 pages

Also attached to this agenda item: EAF 7-7-11 Memo to VB on Supplementing List of Type II Actions PB memo to VB PB memo to VB 7-26-11 recirculation Resolution recirculating revised law CAF and EAF-Type II Revised Local Law Type II clean version Revised Planning Board Resolution clean version TypeII-VillEngineer Type II-PolChief Type II. Neg Dec attachment 1 Type II actions final consistency 10-27-11 Type II actions prelim consistency 4-27-11 DRAFT

COASTAL ASSESSMEN T FORM A. IN STRUCTION S (Please print or type all answers) 1. Applicants, or in the case of direct actions (city, town, village) agencies, shall complete this CAF for proposed actions which are subject to the consistency review law. This assessment is intended to supplement other information used by a (city, town, village) agency in making a determination of consistency. 2. Before answering the questions in Section C, the preparer of this form should review the policies and explanations of policy contained in the Local Waterfront Revitalization Program (LWRP), a copy of which is on file in the (city, town, village) clerk's office. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. B. DESCRIPTION OF SITE AN D PROPOSED ACTION : N OT APPLICABLE, EXCEPT WHERE AN SWERED – SEE ATTACHMEN T 1. Type of (city, town, village) agency action (check appropriate response): a) Directly undertaken (e.g. capital construction, planning activity, agency regulation, land transaction): Adoption of additional Type II actions b) Financial assistance (e.g. grant, loan, subsidy): ______________________________ c) Permit, approval, license, certification: _____________________________________ d) Agency undertaking action: Village Board of Trustees, Zoning Board of Appeals, Planning Board, Village Engineer and Police Chief of Village of Croton-on- Hudson 2. Describe nature and extent of action: Adoption of additional Type II actions pursuant to the N ew York State Environmental Quality Review Act 3. Location of actions: _______________________________________________________ (street or site description) 7. List and describe any unique or unusual land forms within or contiguous to the project site (i.e. bluffs, dunes, swales, ground depressions, other geological formations: 8. Percent of site which contains slopes of 15% or greater: __________________________ 9. List and describe streams, lakes, ponds or wetlands existing within or contiguous to the project area. Give name and size of each if available: a) b) 10. If an application for the proposed action has been filed with the (city, town, village) a) b) c) d) 11. Will the action be directly undertaken, require funding or approval by a state or federal agency? NO X YES ______ If yes, which state or federal agency?___________________________ C. COASTAL ASSESSMEN T: (Check either "yes" or "no" for each of the following questions) YES NO 1. Will the proposed action be located in, or contiguous to, or have a potentially adverse effect upon any of the resource areas identified on the coastal area map: N OT APPLICABLE – SEE ATTACHMEN T a) Significant fish or wildlife habitats? _____ _____ b) Scenic resources of local or statewide significance? _____ _____ c) Important agricultural lands? _____ _____ d) Natural protective features in an erosion hazard area? _____ _____ If the answer to any question above is "yes", please explain in Section D any measures which will be undertaken to mitigate any adverse effects. YES NO 2. Will the proposed action have a significant effect upon: a) Commercial or recreational use of fish and wildlife resources? _____ X b) Scenic quality of the coastal environment? _____ X c) Development of future or existing water dependent uses? _____ X d) Operation of the State's major ports? _____ X e) Land or water uses within a small harbor area? _____ X f) Stability of the shoreline? _____ X g) Surface or groundwater quality? _____ X h) Existing or potential public recreation opportunities? _____ X i) Structures, sites or districts of historic, archeological or cultural significance to the (city, town, village), State or nation? _____ X 3. Will the proposed action involve or result in any of the following: a) Physical alteration of land along the shoreline, land under water or coastal waters? _____ X b) Physical alteration of two (2) acres or more of land located elsewhere in the coastal area? _____ X c) Expansion of existing public services or infrastructure in undeveloped or low density areas of the coastal area? _____ X d) Energy facility not subject to Article VII or VIII of the Public Service Law? _____ X e) Mining, excavation, filling or dredging in coastal waters? _____ X f) Reduction of existing or potential public access to or along the shore? _____ X g) Sale or change in use of publicly-owned lands located on shoreline or under water? _____ X h) Development within a designated flood or erosion hazard area? _____ X i) Development on a beach, dune, barrier island or other natural feature that provides protection against flooding or erosion? _____ X j) Construction or reconstruction of erosion protective structures? _____ X k) Diminished surface or groundwater quality? _____ X l) Removal of ground cover from the site? _____ X 4. Project N OT APPLICABLE – SEE ATTACHMEN T a) If project is to be located adjacent to shore: YES NO 1. Will water-related recreation be provided? _____ _____ 2. Will public access to the foreshore be provided? _____ _____ 3. Does the project require a waterfront site? _____ _____ 4. Does it supplant a recreational or maritime use? _____ _____ 5. Do essential public services and facilities presently exist at or near the site? _____ _____ 6. Is it located in a flood prone area? _____ _____ 7. Is it located in an area of high erosion? _____ _____ b) If the project site is publicly owned: 1. Will the project protect, maintain and/or increase the level and types of public access to water-related recreation resources and facilities? _____ _____ 2. If located in the foreshore, will access to those and adjacent lands be provided? _____ _____ 3. Will it involve the siting and construction of major energy facilities? _____ _____ 4. Will it involve the discharge of effluent from major steam electric generating and industrial facilities into coastal facilities? _____ _____ c) Is the project site presently used by the community neighborhood an open space or recreation area? _____ _____ d) Does the present site offer or include scenic views or vistas known to be important to the community? _____ _____ e) Is the project site presently used for commercial fishing or fish processing? _____ _____ f) Will the surface area of any waterways or wetland area be increased or decreased by the proposals? _____ _____ g) Does any mature forest (over 100 years old) or other locally important vegetation exist on this site which will be removed by the project? _____ _____ h) Will the project involve any waste discharges into coastal waters? _____ _____ i) Does the project involve surface or subsurface liquid waste disposal? _____ _____ j) Does the project involve transport, storage, treatment or disposal of solid waste or hazardous materials? _____ _____ k) Does the project involve shipment or storage of petroleum products? _____ _____ l) Does the project involve discharge of toxic hazardous substances or other pollutants into coastal waters? _____ _____ m) Does the project involve or change existing ice management practices? _____ _____ n) Will the project affect any area designated as a tidal or freshwater wetland? _____ _____ o) Will the project alter drainage flow, patterns or surface water runoff on or from the site? _____ _____ p) Will best management practices be utilized to control storm water runoff into coastal waters? _____ _____ q) Will the project utilize or affect the quality or quantity of sole source or surface water supplies? _____ _____ r) Will the project cause emissions which exceed federal or state air quality standards or generate significant amounts of nitrates or sulfates? _____ _____ D. REMARKS OR ADDITION AL IN FORMATION . For questions answered “yes” in Section C, explain methods you will undertake to reduce adverse effects. Review the LWRP to see if the project is consistent with each policy. List policies the project is not consistent with and explain all mitigating actions. (Add any additional sheets necessary to complete this form) N OT APPLICABLE E. SUBMISSION REQUIREMEN TS. The final version of this form shall be sent to the Department of State (N ew York State Dept. of State, Coastal Management Program, 162 Washington Avenue, Albany, N Y 12231) if any question in Section C is answered “yes” and either of the following conditions is met. • Section B.1 (a) or B.1 (b) is checked OR • Section B.1 (c) and B.11 is answered “yes” If assistance or further information is needed to complete this form, please contact the Village Engineer at (914) 271-4783. Preparer’s Name: David H. Stolman, AICP, PP Title: President Agency: Frederick P. Clark Associates, Inc. Telephone No.: (914) 967-6540 E-mail: dstolman@fpclark.com Date: July 8, 2011 J:\DOCS2\100\Croton\Type II\CAF 7-8-11.dhs.doc ATTACHMEN T COASTAL ASSESSMEN T FORM ADOPTION OF ADDITION AL TYPE II ACTION S BY THE VILLAGE BOARD OF TRUSTEES, ZON IN G BOARD OF APPEALS, PLAN N IN G BOARD, VILLAGE EN GIN EER AN D POLICE CHIEF OF THE VILLAGE OF CROTON -ON -HUDSON The Proposed Action consists of the adoption of additional Type II actions by the Village Board of Trustees, the Zoning Board of Appeals, the Planning Board, the Village Engineer and the Police Chief of the Village of Croton-on-Hudson pursuant to the State Environmental Quality Review Law. Type II actions are those which are not subject to review under Part 617 because they have been determined not to have a significant adverse impact upon the environment (or are other wise precluded from environmental review under Environmental Conservation Law, article 8.) The Proposed Action does not directly involve site-specific construction or development activity. The following are the additional proposed Type II actions (in bold) and the informational details as to why there will be no significant adverse impact upon the environment in adopting these Type II actions. A. Granting by the Village Board of a Special Permit (including the allowable waiving of any requirements) for the construction, expansion or use of a primary or accessory/appurtenant, structure or facility involving less than 4,000 square feet of gross floor area and less than 10,000 square feet of land disturbance and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities nor other structures related to radio, television, telephone or data transmission/reception. B. A decision on the request for an extension of the expiration date for: a special permit by the Village Board of Trustees or the Zoning Board of Appeals; an area variance by the Zoning Board of Appeals; and site plan or minor site plan approval by the Planning Board. C. The approval of a Storm Water Pollution Prevention Plan (SWPPP) under Chapter 196 of the Village Code in connection with any Type II action by the Village Board of Trustees, the Zoning Board of Appeals or the Planning Board. D. The approval of a Tree Removal Permit under Chapter 208 of the Village Code in connection with any Type II action by the Village Board of Trustees or the Planning Board. E. A decision by the Zoning Board of Appeals on an interpretation of the Zoning Code or an appeal of an administrative decision, except an appeal for a variance which is not otherwise made a Type II action hereunder or by State law/regulation. Accordingly, ZBA variances which are not made Type II actions by another paragraph hereof, or by State law or regulation, are not intended to be made Type II actions by this paragraph. F. Sign Permit issued under Chapter 230 of the Village Code by the Planning Board or Village Engineer. G. Granting of Site Plan or Minor Site Plan Approval (including the allowable waiving of any requirements) by the Planning Board for the construction or expansion of a primary or accessory/appurtenant, structure or facility involving less than 4,000 square feet of gross floor area and less than 10,000 square feet of land disturbance and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities nor other structures related to radio, television, telephone or data transmission/reception. H. The granting of Minor Site Plan Approval (including the allowable waiving of any requirements), not requiring a Wetland or Steep Slope permit, by the Planning Board for the construction or expansion of a single-family, or a two-family residence on an existing lot including provision of necessary utility connections and the installation, maintenance and/or upgrade of a drinking water well and a septic system. I. The approval of an Excavation and Filling Permit by the Planning Board under Chapter 120 of the Village Code in connection with any Type II action. J. Wetlands Permit issued by the Village Engineer under Chapter 227 of the Village Code. K. Steep Slope Permit issued by the Village Engineer under Chapter 195 of the Village Code. L. Fill or Excavation Permit issued by the Village Engineer under Chapter 120 of the Village Code. M. Minor Land Disturbance Activity or Storm Water Pollution Prevention Plan approvals issued by the Stormwater Management Officer (SMO) under Chapter 196 of the Village Code. N. Tree Removal Permit issued by the Village Engineer under Chapter 208 of the Village Code O. Permit for Improvement in the Street Line or Street Use Approval Issued by the Village Engineer under Chapter 197 of the Village Code P. Blasting Permit issued by the Village Engineer under Chapter 81 of the Village Code. Q. Public Display of Fireworks Permit issued by the Police Chief under Chapter 127 of the Village Code. R. Minor improvements by the Village designed or intended to correct localized water, sewer, or drainage problems alone or in conjunction with street resurfacing projects. S. Seasonal salting and/or sanding of roads, sidewalks, and parking lots. J:\DOCS2\100\Croton\Type II\CAF attach 7-8-11.dhs.doc:ev