EAF 7-7-11
resolution
48 pages
Meeting: portal event 724 (no meeting page on file)
Agenda item: PROPOSED RESOLUTIONS: — Resolution-Type II
Resolution, 48 pages. Attached to agenda item: “PROPOSED RESOLUTIONS: — Resolution-Type II”
Retrieved 2026-07-31 from the village's meeting portal.
View the original PDF ↗
Also attached to this agenda item:
CAF 7-8-11 2
EAF attach 7-7-11-redlined
Memo to VB on Supplementing List of Type II Actions
PB memo to VB
Resolution recirculating revised law CAF and EAF-Type II
Revised Local Law Type II clean version
Revised Local Law Type II redlined version
Revised Planning Board Resolution clean version
Revised Planning Board Resolution redlined
TypeII-VillEngineer
Type II-PolChief
Type II actions prelim consistency 4-27-11 DRAFT
Extracted text
PART 1 - PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant
effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will
be considered as part of the application for approval and may subject to further verification and public review.
Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not
involve new studies, research or investigation. If information requiring such additional work is unavailable, so
indicate and specify each instance.
NAME OF ACTION
Adoption of Additional Type II Actions by the Village Board of Trustees, Zoning Board of Appeals, Planning
Board, Village Engineer and Police Chief of the Village of Croton-on-Hudson
LOCATION OF ACTION (include Street Address, Municipality and County)
Village of Croton-on-Hudson, Westchester County
NAME OF APPLICANT/SPONSOR
BUSINESS TELEPHONE
Village of Croton-on-Hudson Board of Trustees
(914) 271-4848
ADDRESS
1 Van Wyck Street
CITY/PO
STATE
ZIP CODE
Croton on Hudson
NY
NAME OF OWNER (if different)
BUSINESS TELEPHONE
ADDRESS
CITY/PO
STATE
ZIP CODE
DESCRIPTION OF ACTION:
** SEE ATTACHMENT **
Please Complete Each Question - Indicate N.A. if not applicable
A.
Site Description ** NOT APPLICABLE – SEE ATTACHMENT **
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: ¨ Urban ¨ Industrial o Commercial o Residential (suburban) ¨ Rural (non-farm)
¨ Forest
¨ Agriculture o Other
2. Total acreage of project area:
acres:
APPROXIMATE ACREAGE
PRESENTLY
AFTER COMPLETION
Meadow or Brushland (Non-agricultural)
acres
acres
Forested
acres
acres
Agricultural (includes orchards, cropland, pasture, etc.)
acres
acres
Wetland (Freshwater or tidal as per Article 24, 25 of ECL)
acres
acres
Water Surface Area
acres
acres
Unvegetated (Rock, earth or fill)
acres
acres
Roads, Buildings and Other Paved Surfaces
acres
acres
3. What is predominant soil type(s) on project site?
a. Soil drainage
¨ Well drained
% of site
o Moderately well drained % of site
o Poorly drained
% of site (most of the site is impervious ground cover)
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the
NYS Land Classification System?
acres. (See 1 NYCRR 370)
4. Are there bedrock outcroppings on the project site?
¨ Yes o No
a. What is depth to bedrock?
(in feet)
5. Approximate percentage of proposed project site with slopes: o 0-10% % o 10-15% %
o15% or greater % (not proposed to be disturbed)
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? ¨ Yes o No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? o Yes o
No
8. What is the depth of the water table?
(in feet)
9. Is site located over a primary, principal or sole source aquifer?
o Yes o No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? o Yes o No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
o Yes oNo
According to _
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
o Yes oNo
Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
o Yes o No
If yes, explain _
14. Does the present site include scenic views known to be important to the community? o Yes
o No
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name
b. Size (In acres)
17. Is the site served by existing public utilities? o Yes ¨ No
a. If Yes, does sufficient capacity exist to allow connection?
oYes o No
b. If yes, will improvements be necessary to allow connection? oYes o No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25-AA
Section 303 and 304?
o Yes o No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article
8 of the ECL, and 6 NYCRR 617?
o Yes o No
20. Has the site ever been used for the disposal of solid or hazardous waste?
o Yes oNo
B.
Project Description ** NOT APPLICABLE, EXCEPT #24 AND #25 – SEE ATTACHMENT **
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor
acres.
b. Project acreage to be developed: initially; ultimately.
c. Project acreage to remain undeveloped:
.
d. Length of project, in miles
(if appropriate)
e. If the project is an expansion, indicate percent of expansion proposed
%
f. Number of off-street parking spaces:
g. Maximum vehicular trips generated per hour
.
(upon completion of project)?
h. If residential: Number and type of housing units:
Two Family
Multiple Family
Condominium
Initially
Ultimately
i. Dimensions (in feet) of largest proposed structure height; width; length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
2. How much natural material (i.e. rock, earth, etc.) will be removed from the site?
3. Will disturbed areas be reclaimed?
o Yes o No
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation?
oYes oNo
c. Will upper subsoil be stockpiled for reclamation?
oYes oNo
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
o Yes
o No
6. If single phased project: Anticipated period of construction:
7. If multi-phased:
a. Total number of phases anticipated
(number).
b. Anticipated date of commencement phase 1: month
year.
c. Approximate completion date of final phase: month
year.
d. Is phase 1 functionally dependent on subsequent phases?
o Yes o No
8. Will blasting occur during construction?
o Yes oNo *None anticipated
9. Number of jobs generated: during construction ; after project is complete
.
10. Number of jobs eliminated by this project
11. Will project require relocation of any projects or facilities?
¨ Yes oNo
If yes, explain
12. Is surface liquid waste disposal involved?
o Yes oNo
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharges
13. Is subsurface liquid waste disposal involved? ¨ Yes o No Type
14. Will surface area of an existing water body increase or decrease by proposal? o Yes oNo
Explain
15. Is project or any portion of project located in a 100 year flood plain? oYes o No
16. Will the project generate solid waste? ¨ Yes o No
a. If yes, what is the amount per month
tons
b. If yes, will an existing solid waste facility be used?
o Yes o No
c. If yes, give name
; location
d. Will any waste not go into a sewage disposal system or into a sanitary landfill? o Yes oNo
e. If Yes, explain
17. Will the project involve the disposal of solid waste? o Yes oNo
a. If yes, what is the anticipated rate of disposal?
tons/month.
b. If yes, what is the anticipated site life?
years.
18. Will project use herbicides or pesticides?
oYes o No Minor amounts for landscaped islands
19. Will project routinely produce odors (more than one hour per day?) o Yes oNo
20. Will project produce operating noise exceeding the local ambient noise levels?
o Yes oNo
21. Will project result in an increase in energy use?
o Yes oNo
If yes, indicate type(s)
22. If water supply is from wells, indicate pumping capacity
gallons/minute.
23. Total anticipated water usage per day ____ gallons/day.
24. Does project involve Local, State or Federal funding?
o Yes n No
If yes, explain
Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE - ** ALSO SEE ATTACHMENT **
Responsibility of Lead Agency
General Information (Read Carefully)
•
In completing the form the reviewer should be guided by the question: Have my responses and
determinations been reasonable? The reviewer is not expected to be an expected to be an expert
environmental analyst.
•
Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily
significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact
in column 2 simply asks that it be looked at further.
•
The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the
threshold of magnitude that would trigger a response in column 2. The responses are generally applicable
throughout the State and for most situations. But, for any specific project or site other examples and/or
lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part
3.
•
The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are
illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and
thresholds to answer each question.
•
The number of examples per question does not indicate the importance of each question.
•
In identifying impacts, consider long term and cumulative effects.
Instructions (Read carefully)
a.
Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
b.
Maybe answers should be considered as Yes answers.
c.
If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size
of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will
occur but threshold is lower than example, check column 1.
d.
If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to
PART 3.
e.
If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to
moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is
not possible. This must be explained in Part 3.
IMPACT ON LAND
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Mitigated By
Project Change
1. Will the proposed action result in a physical change to the project site?
n NO oYES
Examples that would apply to column 2
• Any construction on slopes of 15% or greater, (15 foot rise per 100
o
o
oYES o NO
foot of length), or where the general slopes in the project area exceed
10%.
• Construction on land where the depth to the water table is less than
o
o
oYES o NO
3 feet.
• Construction of paved parking area for 1,000 or more vehicles.
o
o
oYES o NO
• Construction on land where bedrock is exposed or generally within
o
o
oYES o NO
3 feet of existing ground surface.
• Construction that will continue for more than 1 year or involve more
o
o
oYES o NO
than one phase or stage.
• Excavation for mining purposes that would remove more than 1,000
o
o
oYES o NO
tons of natural material (i.e., rock or soil) per year.
• Construction or expansion of a sanitary landfill.
o
o
oYES o NO
• Construction in a designated floodway.
o
o
oYES o NO
• Other impacts: .
o
o
oYES o NO
2. Will there be an effect to any unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc.) n NO o YES
• Specific land forms: _____________________________________
o
o
oYES o NO
_____________________________________________________
IMPACT ON WATER
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Mitigated By
Project Change
3. Will proposed action affect body designated as protected?
(Under Articles 15,24,25 of the Environmental Conservation Law, ECL)
n NO o YES
Examples that would apply to column 2
• Developable area of site contains a protected water body.
o
o
oYES o NO
• Dredging more than 100 cubic yards of material from channel of a
o
o
oYES o NO
protected stream.
• Extension of utility distribution facilities through a protected water body.
o
o
oYES o NO
• Construction in a designated freshwater or tidal wetland.
o
o
oYES o NO
• Other impacts: ___________________________________________
o
o
oYES o NO
_______________________________________________________
4. Will proposed action affect any non-protected existing or new body.
of water?
n NO o YES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water
o
o
oYES o NO
or more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface area.
o
o
oYES o NO
• Other impacts: ___________________________________________
o
o
oYES o NO
_______________________________________________________
5. Will Proposed Action affect surface or groundwater
quality or quantity?
n NO o YES
Examples that would apply to column 2
• Proposed Action will require a discharge permit.
o
o
oYES o NO
• Proposed Action requires use of a source of water that does not
o
o
oYES o NO
have approval to serve proposed (project) action.
• Proposed Action requires water supply from wells with greater than 45
o
o
oYES o NO
gallons per minute pumping capacity.
• Construction or operation causing any contamination of a water
o
o
oYES o NO
supply system.
• Proposed Action will adversely affect groundwater.
o
o
oYES o NO
• Liquid effluent will be conveyed off the site to facilities which presently
o
o
oYES o NO
do not exist or have inadequate capacity.
• Proposed Action would use water in excess of 20,000 gallons per
o
o
oYES o NO
day.
• Proposed Action will likely cause siltation or other discharge into an
o
o
oYES o NO
existing body of water to the extent that there will be an obvious visual
contrast to natural conditions.
• Proposed Action will require the storage of petroleum or chemical
o
o
oYES o NO
products greater than 1,100 gallons.
• Proposed Action will allow residential uses in areas without water
o
o
oYES o NO
and/or sewer services.
• Proposed Action locates commercial and/or industrial uses which may
o
o
oYES o NO
require new or expansion of existing waste treatment and/or storage
facilities.
• Other impacts:
o
o
oYES o NO
6. Will proposed action alter drainage flow or patterns, or surface
water runoff?
n NO o YES
Examples that would apply to column 2
• Proposed Action would change flood water flows.
o
o
oYES o NO
• Proposed Action may cause substantial erosion.
o
o
oYES o NO
• Proposed Action is incompatible with existing drainage patterns.
o
o
oYES o NO
• Proposed Action will allow development in a designated floodway.
o
o
oYES o NO
• Other impacts:
o
o
oYES o NO
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Mitigated By
Project Change
IMPACT ON AIR
7. Will proposed action affect air quality?
n NO o YES
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any given
o
o
oYES o NO
hour.
• Proposed Action will result in the incineration of more than 1 ton of
o
o
oYES o NO
refuse per hour.
• Emission rate of total contaminants will exceed 5 lbs. per hour or a
o
o
o]YES o NO
heat source producing more than 10 million BTU's per hour.
• Proposed action will allow an increase in the amount of land committed
o
o
oYES o NO
to industrial use.
• Proposed action will allow an increase in the density of industrial
o
o
oYES o NO
development within existing industrial areas.
• Other impacts: ____________________________________________
o
o
oYES o NO
________________________________________________________
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
species?
n NO o YES
Examples that would apply to column 2
• Reduction of one or more species listed on the New York or Federal
o
o
oYES o NO
list, using the site, over or near site or found on the site.
• Removal of any portion of a critical or significant wildlife habitat.
o
o
oYES o NO
• Application of pesticide or herbicide more than twice a year, other
o
o
oYES o NO
than for agricultural purposes.
• Other impacts: ____________________________________________
o
o
oYES o NO
________________________________________________________
9. Will Proposed Action substantially affect non-threatened or
non-endangered species?
n NO o YES
Examples that would apply to column 2
• Proposed Action would substantially interfere with any resident or
o
o
oYES o NO
migratory fish, shellfish or wildlife species.
• Proposed Action requires the removal of more than 10 acres
o
o
oYES o NO
of mature forest (over 100 years of age) or other locally important
vegetation.
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will the Proposed Action affect agricultural land resources?
n NO o YES
Examples that would apply to column 2
• The proposed action would sever, cross or limit access to agricultural
o
o
oYES o NO
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.
• Construction activity would excavate or compact the soil profile of
o
o
oYES o NO
agricultural land.
• The proposed action would irreversibly convert more than 10 acres
o
o
oYES o NO
of agricultural land or, if located in an Agricultural District, more
than 2.5 acres of agricultural land.
• The proposed action would disrupt or prevent installation of agricultural
o
o
oYES o NO
land management systems (e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due to increased runoff)
• Other impacts: ____________________________________________
o
o
oYES o NO
________________________________________________________
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Mitigated By
Project Change
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resources?
n NO o YES
(If necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2
• Proposed land uses, or project components obviously different from
o
o
oYES oNO
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
• Proposed land uses, or project components visible to users of
o
o
oYES o NO
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
• Project Components that will result in the elimination or significant
o
o
oYES o NO
screening of scenic views known to be important to the area.
• Other impacts:
o
o
oYES o NO
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance?
n NO o YES
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or substantially
o
o
oYES o NO
contiguous to any facility or site listed on the State or National Register
of historic places.
• Any impact to any facility or site listed on the State or National Register
o
o
oYES o NO
project site.
• Proposed Action will occur in an area designated as sensitive for
o
o
oYES o NO
archaeological sites on the NYS Site Inventory.
• Other impacts: ____________________________________________
o
o
oYES o NO
________________________________________________________
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that would apply to column 2
n NO o YES
• The permanent foreclosure of a future recreational opportunity.
o
o
oYES o NO
• A major reduction of an open space important to the community.
o
o
oYES o NO
• Other impacts: ____________________________________ __
o
o
oYES o NO
________________________________________________________
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique characteristics
of a critical environmental area (CEA) established pursuant to
subdivision 6 NYCRR 617.14(g)?
n NO o YES
List the environmental characteristics that caused the designation of
the CEA.
_______________________________________________________
_______________________________________________________
Examples that would apply to column 2
• Proposed Action to locate within the CEA?
o
o
oYES o NO
• Proposed Action will result in a reduction in the quantity of the resource?
o
o
oYES o NO
• Proposed Action will result in a reduction in the quality of the resource?
o
o
oYES o NO
• Proposed Action will impact the use, function or enjoyment of the
resource?
o
o
oYES o NO
• Other impacts: ____________________________________________
o
o
oYES o NO
________________________________________________________
IMPACT ON TRANSPORTATION
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Mitigated By
Project Change
15. Will there be an effect to existing transportation systems?
n NO o YES
Examples that would apply to column 2
• Alteration of present patterns of movement of people and/or goods.
o
o
oYES o NO
• Proposed Action will result in major traffic problems.
o
o
oYES o NO
• Other impacts: _______
o
o
oYES o NO
IMPACT ON ENERGY
16. Will proposed action affect the community's sources of fuel or
energy supply?
n NO o YES
Examples that would apply to column 2
o
o
oYES o NO
• Proposed Action will cause a greater than 5% increase in the use of
any form of energy in the municipality.
o
o
oYES o NO
• Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two
family
residences or to serve a major commercial or industrial use.
o
o
oYES o NO
• Other impacts: ____________________________________________
________________________________________________________
NOISE AND ODOR IMPACTS
17. Will there be objectionable odors, noise, or vibration as a result
of the Proposed Action?
n NO o YES
Examples that would apply to column 2
o
o
oYES o NO
• Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
o
o
oYES o NO
• Odors will occur routinely (more than one hour per day).
o
o
oYES o NO
• Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures.
o
o
oYES o NO
• Proposed Action will remove natural barriers that would act as a
noise screen.
o
o
oYES o NO
• Other impacts: ____________________________________________
________________________________________________________
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?
n NO o YES
Examples that would apply to column 2
• Proposed Action may cause a risk of explosion or release of hazardous
o
o
oYES o NO
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic low level
discharge or emission.
• Proposed Action may result in the burial of "hazardous wastes" in any
o
o
oYES o NO
form (i.e. toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.)
• Storage facilities for one million or more gallons of liquefied natural
o
o
oYES o NO
gas or other flammable liquids.
• Proposed action may result in the excavation or other disturbance
o
o
oYES o NO
within 2,000 feet of a site used for the disposal of solid or hazardous
waste.
• Other impacts:
o
o
oYES o NO
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR
NEIGHBORHOOD
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Mitigated By
Project Change
19. Will Proposed Action affect the character of the existing community?
n NO o YES
Examples that would apply to column 2
• The permanent population of the city, town or village in which the
o
o
oYES o NO
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating services
o
o
oYES o NO
will increase by more than 5% per year as a result of this project.
• Proposed action will conflict with officially adopted plans or goals.
o
o
oYES o NO
• Proposed action will cause a change in the density of land use.
o
o
oYES o NO
• Proposed Action will replace or eliminate existing facilities, structures
o
o
oYES o NO
or areas of historic importance to the community.
• Development will create a demand for additional community services
o
o
oYES o NO
(e.g. schools, police and fire, etc.).
• Proposed Action will set an important precedent for future projects.
o
o
oYES o NO
• Proposed Action will create or eliminate employment.
o
o
oYES o NO
• Other impacts:
o
o
oYES o NO
20. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts?
n NO o YES
J:\DOCS2\100\Croton\Type II\EAF 7-7-11.dhs.doc
ATTACHMEN T
FULL EN VIRON MEN TAL 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
ADDEN DUM TO PART 1 OF EAF
Part 1.A - Site Description
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.
Part 1.B - Project Description
The Proposed Action does not directly involve site-specific construction or development
activity. As a result, Part 1.B of this EAF is not applicable, except as noted therein with
respect to Questions #24 and #25.
Part 1.C – Zoning and Planning Information
The Proposed Action involves planning decisions 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. The decisions are the adoption of additional Type II
actions pursuant to the State Environmental Quality Review Law. Due to the nature of
the proposed action, Part 1.C of this EAF is not applicable, except as noted therein with
respect to Question #1.
Part 1.D - Informational Details
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.
Chapter 6E of the SEQR Handbook, "Making SEQR More Efficient," states the
following:
"Adopt an individual agency Type II list. The SEQR regulations give agencies the
authority to add to the statewide Type II list. If an agency finds that it is frequently
receiving applications for similar Unlisted actions, and those activities do not have
significant environmental impacts, the agency should consider adopting local rules
to classify those activities as Type II. "
The proposed Type II actions are actions which, over quite a long time, have been
processed as Unlisted 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, and have been found to have no significant adverse impact upon the
environment.
The following are the additional proposed Type II actions (in bold), and the
informational details, including Code provisions pursuant to which the actions will be
reviewed, which will ensure that 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.
In accordance with Section 230-58 of Chapter 230, Zoning, of the Village Code, prior to
the decision by the Village Board of Trustees on any special permit application, the
application is reviewed by the Planning Board, and the Planning Board shall submit its
recommendations to the Board of Trustees. In reviewing such applications, the Planning
Board shall take into consideration the public health, safety and welfare and the comfort
and convenience of the public in general and of the residents of the immediate
neighborhood in particular. The Planning Board may also recommend the adoption of
such terms and conditions to the special permit as it deems appropriate to achievement of
the foregoing objectives and the following goals:
“A.
The accessibility of all proposed structures to fire and police protection.
B.
The compatibility of the location, size and character of the proposed use
with the orderly development of the zoning district in which it is located
and with that of adjacent properties in conformity with the zoning district
applicable to such properties.
C.
The safety, convenience and congruity with the normal traffic of the
neighborhood and of the pedestrian and vehicular traffic generated by the
proposed use, taking into particular account the location and size of such
use, the nature and intensity of operations involved in or conducted in
connection therewith, its site layout and its relation to access streets.
D.
The compatibility of the location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site with adjacent land and buildings and their
appropriate development.
E.
The preservation of ecological or environmental assets of the site or
adjacent lands.”
In addition, and in accordance with Section 230-65, after the granting of special permit
approval, the applicant shall submit to the Planning Board final site development plans
for review and approval by said Board in accordance with Article XI of the Zoning
chapter. Therefore, the standards of Section 230-70B below apply to the special permit
use as well.
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
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.
Special permit, area variance, and site plan or minor site plan applications must be
processed in accordance with SEQRA prior to the respective approvals being granted.
With regard to these matters, if a change of circumstance or new information warranting
the reopening of SEQRA is encountered, the above mentioned boards would presumably
not grant an extension of the expiration date for said approvals. Absent a change of
circumstance or new information, the granting of extensions of expiration dates on
matters having been processed in accordance with SEQRA will have no significant
adverse impact upon the environment.
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.
As stated above, 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 otherwise precluded from environmental review under
Environmental Conservation Law, article 8). A SWPPP is intended to help protect the
environment. Therefore, the requirement and approval of a SWPPP in connection with a
Type II action serves to protect the environment on an action which has been deemed to
have no significant adverse environmental impact.
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.
As stated above, 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 otherwise precluded from environmental review under
Environmental Conservation Law, article 8). A Tree Removal Permit review and
approval is intended to help protect the environment. Therefore, the review and approval
of a Tree Removal Permit on a Type II action serves to protect the environment in
connection with an action which has been deemed to have no significant adverse
environmental impact.
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.
A decision by the ZBA to interpret zoning does not involve changing the meaning or
intent of the Zoning Code and is therefor environmentally neutral. In acting on an
appeal of an administrative decision, the ZBA would have the record before it, including
any environmentally related application materials submitted by the applicant. The ZBA
would also be able to review the provisions and criteria in the Zoning Code when making
its decision, including any and all environmentally protective regulations applicable to
the matter, and would act in furtherance of same. Therefore, such appeal decisions would
have no significant adverse impact upon the environment.
F.
Sign Permit issued under Chapter 230 of the Village Code by the Planning
Board or Village Engineer.
According to Section 230-44A of Chapter 230, Zoning, of the Village Code, the purposes
of the signage regulations set forth in Chapter 230 are to encourage the effective use of
signs as a means of communication in the Village; to minimize possible adverse effects
of signs on nearby public and private properties; to maintain and enhance the visual and
aesthetic environment; to improve pedestrian and vehicular traffic safety; and to enable
the fair and consistent enforcement of the sign regulations by the Village.
Further, pursuant to Section 230-44B, all signs in the Village shall be erected, replaced,
moved or modified in conformity with the provisions of Chapter 230, and all actions
related to questions of conformance shall be subject to the review and decision thereon by
the Planning Board. In addition, and in accordance with Sections 230-44D through P,
signage must comply with the following regulations:
“D.
Relationship to use. All signs, except for temporary signs and except for
the kind of billboards permitted in Subsection M below, must pertain to a
use conducted on the same property on which the sign is located.
E.
Illumination.
(1)
Permitted signs may be illuminated except where this chapter
specifically prohibits certain signs from being illuminated.
However, sign illumination shall not be twinkling, flashing,
intermittent (except for time/temperature signs), or of changing
degrees of color or intensity. Further, neon signs shall only be
permitted on the inside of buildings. No sign shall contain or consist
of Day-Glo-like material.
(2)
All light sources used for illuminating signage shall be shielded and
shall not be a source of glare.
(3)
Upon referral by the Village Engineer and/or VEB, the Planning
Board may require the submission of an illumination plan and may
regulate the number, placement, intensity and hours of illumination
of all light fixtures used for signage.
F.
Placement. No sign shall be located so as to obscure any signs displayed by
a public authority, nor shall any sign be placed in such a way as to obstruct
proper vehicular sight distance. Further, signs shall not interfere with
pedestrian or vehicular traffic flow, nor shall any sign interfere with any
ventilation system, door, window, fire escape or other emergency exit.
G.
Movement, animation, removable letters, lights. No sign or sign
component shall be moving, animated, rotating or revolving. Further, no
sign shall contain removable letters, except for signs associated with
educational, religious or municipal institutions, gas stations, or with movie
theaters. In addition, light strips and strings of lights shall not be used for
advertising or attracting attention to a sign when they do not comprise the
text of the sign.
H.
Maintenance and quality of signs. All signs and components thereof shall
be kept in good repair and in safe, neat and clean condition. All signs and
related illumination shall be of a professional quality with respect to such
matters as design, painting, lettering, materials and construction.
I.
Nonconforming signs. All signs that do not conform to the provisions of
this chapter shall be subject to the requirements of Sections 230-53 and
230-54 herein.
J.
Projecting signs. Marquee signs are permitted for theaters only. For all
projecting signs, there shall be at least an eight-foot clearance above
pedestrian rights-of-way and at least a fourteen-foot clearance above
vehicular rights-of-way for permitted signs projecting from buildings.
Signs shall not project vertically above the roofline or parapet, or extend
horizontally beyond the limits of the building. …..
K.
Freestanding signs. No freestanding sign shall extend more than 10 feet
from the ground to the top of the sign except for a freestanding sign
associated with a shopping center or a motor vehicle service station, which
shall not extend more than 20 feet from the ground to the top of the sign.
L.
Prohibitions. The following types of signs and artificial lighting are
prohibited:
(1)
Billboards, except for those which are existing on the effective date
of these regulations and which are associated with a site which is on
the National Register of Historic Places.
(2)
Signs that compete for attention with or may be mistaken for a
traffic signal.
(3)
Searchlights, beacons, blimps and permanent balloons.
(4)
Signs attached to or painted on trucks or other large vehicles when
the vehicle is obviously marked and parked in such a manner as to
advertise or attract attention to an establishment or business.
(5)
Banners, flags, strings of balloons, flags or lights, or similar outdoor
advertising, except on a temporary basis with respect to the
opening, reopening or remodeling of the business (that is, limited to
a maximum duration of 45 days).
N.
Consistent signage. Where a building or site is permitted more than one
sign by the provisions of this chapter, all new signs shall be consistent
relative to one another in terms of size, general shape and, if building-
mounted, location on the building (mounting height). Further, the Planning
Board may require the submission of a master signage plan for the site
which shows said consistency.
O.
Window signs. The combination of permanent and temporary signage
applied to or placed within two feet of the interior of any given window
shall be considered part of the signage in accordance with the provisions of
this chapter. Further, in no event shall permanent window signage exceed
25% of the window on or within which it is located. Merchandise for sale
is not considered part of the signage for purposes of this item.
P.
District standards. The following signage shall be permitted within the
districts listed below and shall be regulated therein, as follows. Said
signage shall also conform to the provisions of Subsections A through O
above, as qualified in Subsection B.
(1)
One-Family Residence RA-40, RA-25, RA-9, RA-5 Districts; Two-
Family Residence RB District; Multiple Residence RC District.
(a)
With respect to nurseries and the seasonal sale of produce,
signs shall conform to Subsection P(1)(e) below.
(b)
With respect to funeral homes, there shall be no signs other
than those permitted in Subsection P(1)(e) below.
(c)
With respect to customary home occupations, no display of
signage shall be visible from the street, except as set forth in
Subsection P(1)(e) below.
(d)
With respect to bed-and-breakfast establishments, one sign
designating a bed-and-breakfast establishment shall be
permitted, subject to the following conditions:
[1]
The area of the sign shall not exceed two square feet.
[2]
If freestanding, the overall height of the sign shall not
exceed six feet as measured from finished grade to
top of sign.
[3]
The sign shall not be internally illuminated.
[4]
If externally illuminated, the illumination shall not
exceed the equivalent of a one-hundred-watt bulb.
[5]
If illuminated, the illumination shall be constant,
shall be directed towards the sign and shall be
shielded from the view of the street and neighboring
properties.
(e)
Signs conforming to the following shall be permitted as
accessory uses:
[1]
One nonilluminated nameplate or professional sign
with an area of not over two square feet.
[2]
One externally illuminated bulletin board or other
announcement sign for educational or religious
institutions permitted in Section 230-9A(4) of this
chapter, with an area of not over 12 square feet.
(2)
Limited Office O-1 District. One nonilluminated sign facing a street
and not exceeding an area of five square feet shall be permitted.
(3)
Limited Office O-2 District. One sign shall be permitted, provided
that such sign is facing a street and as follows:
(a)
The aggregate area, in square feet, shall be not greater than
1 1/2 times the length, in feet, of the wall on which it is
placed.
(b)
Such sign shall be parallel or perpendicular to the face of the
building and no part thereof, including any illuminating
devices, shall project more than 12 inches outward from the
face of the wall to which it is applied for parallel signs and no
more than 36 inches outward from the face of the wall to
which it is applied for perpendicular signs.
(4)
Central Commercial C-1 District.
(a)
Signs accessory to an establishment located on the same lot
shall be permitted, provided that such signs shall be limited as
set forth in Subsection P(4)(b) below and as follows:
[1]
Not more than one such sign, excluding signs in
windows, shall be permitted for each tenant on the
premises on each facade which fronts on a street.
[2]
The aggregate area, in square feet, of all signs on any
wall shall be not greater than two times the length, in
feet, of the wall on which it is placed.
[3]
Such sign or signs shall be parallel or perpendicular to
the face of the building and no part thereof, including
any illuminating devices, shall project no more than 12
inches outward from the face of the wall to which it is
applied for parallel signs and no more than 36 inches
outward from the face of the wall to which it is applied
for perpendicular signs.
[4]
In addition, where the building is set back from the
curbline a distance of 25 feet or more, not more than
one freestanding sign with a total area on each face of
not more than 40 square feet may be erected; provided,
however, that the Zoning Board of Appeals may, in
accordance with the procedure set forth in Section 230-
162B of this chapter, authorize the Village Engineer to
issue a special permit for the erection or continuance of
a freestanding sign with an area on each face not
exceeding 40 square feet or such lesser area as the
Zoning Board of Appeals may prescribe in instances
where the building is set back from the curb or edge of
traveled way less than 25 feet but 15 feet or more,
subject to such conditions as the Zoning Board of
Appeals may impose and with due regard to safety and
other factors set forth in Section 230-75B where the
Board shall find that:
[a]
The building in connection with which such
sign is used or to be used was in existence on
July 1, 1963, and has not after that date been
altered to cause it to be closer to the curbline or
edge of traveled way; and
[b]
Other permitted signs are not, because of lack
of visibility or other reason, adequate in the
determination of the Zoning Board of Appeals
and, for that or other reason, the Zoning Board
of Appeals deems such sign to be necessary or
desirable.
(b)
Motor vehicle service stations.
[1]
Unless otherwise required by law, signs
shall be limited to one freestanding sign
and one exterior sign on each wall of a
building fronting on a street and shall
otherwise conform to the conditions for
accessory signs set forth in Subsection
P(5)(a).
[2]
In connection with the sale of used cars
or rental of vehicles at a service station.
No temporary signs shall be permitted on
the exterior of vehicles. Signs in the
interior of vehicles shall be limited to
one per vehicle, not to exceed 12 inches
by 15 inches. Sign printing shall have
characters not larger than one inch.
(6)
General Commercial C-2 District.
(a)
Accessory signs shall be as permitted in the Central
Commercial C-1 District as set forth in Subsection P(5).
(b)
Drive-in theaters. In lieu of signs other than a sign permitted
by Subsection P(4)(a)[4], a drive-in theater may have:
[1]
The name of the theater on a sign affixed to the theater
screen structure on the reverse side of the screen; and
[2]
A supplementary sign on that same face announcing
the feature attraction or attractions and containing
other information customarily contained in theatrical
announcements or the opening or closing date of the
theater.
(c)
Motor vehicle sales and service agencies.
[1]
Unless otherwise required by law, signs shall be
limited to one freestanding sign and one exterior sign
on each wall of a building fronting on a street and shall
otherwise conform to the conditions for accessory
signs set forth in Subsection P(4)(a).
[2]
No temporary signs shall be permitted on the exterior
of vehicles. Signs in the interior of vehicles shall be
limited to one per vehicle, not to exceed 12 inches by
15 inches. Sign printing shall have characters not
larger than one inch.
(7)
Light Industrial LI District.
(a)
Accessory signs. One sign shall be permitted facing each
street from which access to the lot is provided. Such sign
shall be applied onto the wall of the building and shall not
exceed an area of 50 square feet or an area equal to 1 1/2
times the length, in feet, of the wall on which it is placed,
whichever is less. All light sources shall be shielded from the
view of adjacent lots and streets and shall, except for lights
suitable for security purposes, be extinguished not later than
9:00 p.m. One identification sign at each point of access to
the lot, with an area of not more than three square feet, shall
also be permitted. A single directory sign, not exceeding eight
feet in height, may be erected at the entrance of a complex of
sites; each listing on such sign shall not exceed eight inches in
height and two feet in length.
(8)
Waterfront Commercial WC District.
(a)
Accessory signs. One sign shall be permitted facing each
street from which access to the lot is provided. Such sign
shall be applied onto the wall of the building, if any, and such
sign shall not exceed an area of 30 square feet or an area
equal to 1 1/2 times the length, in feet, of the wall on which it
is placed, whichever is less. If there is no building, one
freestanding sign shall be permitted, no higher than 10 feet
from the ground, no greater than 30 square feet in area, and
no closer than 25 feet to the nearest lot line. All light sources
shall be shielded from the view of adjacent lots and streets
and shall, except for lights suitable for security purposes, be
extinguished no later than normal business hours, as
determined by the Planning Board.
(9)
Waterfront Development WD District.
(a)
Offices and studios. Signs for professional offices and studios
shall be subject to P(1)(e) of this chapter.
(b)
Other uses. For uses other than specified in P(8)(a) above,
one sign shall be permitted facing each street from which
access to the lot is provided. Such sign shall be applied onto
the wall of a building, if any, shall not exceed an area of 24
square feet and shall not extend beyond said wall in any
direction. If there is no building, one freestanding sign shall
be permitted, shall be no higher than 10 feet above the
ground, shall be no greater than 24 square feet in size and
shall be no closer than 25 feet to the nearest lot line. All light
sources shall be shielded from the view of adjacent lots and
streets and shall, except for lights suitable for security
purposes, be extinguished no later than normal business
hours, as determined by the Planning Board during the site
development plan review process.
(c)
Directional, trail and project signs. Signage relating to
vehicular, pedestrian and bicycle usage, traffic and parking
shall be permitted, as shall an entry sign for the project itself.
The locations, sizes, colors, materials and illumination of said
signage shall be subject to the approval of the Planning Board
as part of the site development plan review process.
(d)
All signs. All signs shall meet the standards of Section 230-44
of this chapter. Every effort shall be made to avoid the
blockage of views in the placement of signage on the site.
(10) Supplementary regulations for any parking spaces adjacent to residence
districts. Identification and directional signs shall not exceed an area of
three square feet each and shall be limited to such as are essential for the
particular use.”
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
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.
--- AN D ---
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.
With respect to paragraphs G and H above, and pursuant to Section 230-70B, of Chapter
230, Zoning, of the Village Code, in considering and approving any site development
plan, the Planning Board shall take into consideration the public health, safety and
general welfare and the comfort and convenience of the public in general and of the
residents of the immediate neighborhood in particular and shall make any appropriate
conditions and safeguards in harmony with the general purpose and intent of this chapter
and particularly with regard to satisfactorily achieving the criteria listed below:
“(1) Maximum safety of traffic access and egress.
(2)
A site layout, including the location, character and appearance of any
proposed building, group of buildings or sign location, with the power,
direction and time of any outdoor lighting of the site, which would have no
adverse effect upon any properties in adjoining residence districts by
impairing the established character or the potential use of properties in such
districts.
(3)
The reasonable screening, at all seasons of the year, of all playgrounds and
parking and service areas from the view of adjacent residential properties
and streets.
(4)
Conformance of the proposed site development plan with such portions of
the Master Plan of the Village of Croton-on-Hudson as may be in existence
from time to time.
(5)
In applicable cases, a drainage system and layout which would afford the
best solution to any drainage problems.
(6)
In specific cases where the Planning Board finds that the maximum setback
distances from the front, side or rear lot lines fail to maintain adequately the
residential characteristics of surrounding residential properties, if any, it may
require that such distances be increased, but in no case may it reduce said
minimum setbacks.
(7)
Location, arrangement, appearance and sufficiency of the off-street parking
and loading.
(8)
Adequacy of water supply and sewage disposal facilities.
(9)
Adequacy of fire lanes and other emergency zones and the provision of fire
hydrants.
(10) Safe, adequate and convenient pedestrian access and circulation both within
the site and to adjacent streets.
(11) The preservation of scenic views and vistas, consistent with reasonable use
of property, particularly to the Hudson and Croton Rivers.
(12) Quality of architectural features. The following criteria are intended to
provide a framework within which the Planning Board may judge the
appropriateness of the project to the neighborhood context and, for
renovations, to assess the compatibility of the proposed addition with the
existing exterior building. The criteria are also designed to enable the
designer of the project to exercise creativity and innovation.
(a)
Site development: the orientation, setback, alignment, spacing and
placement of all buildings, and structures.
(b)
Building design:
[1]
Scale and proportion. The height, width, bulk and general
proportions of the development, the ratio of wall surface to
openings, and the ratio of the width and height of windows
and doors.
[2]
Setback and orientation. The setback of the building,
accessory structures, and retaining walls, and the orientation
of the proposed building to the setbacks on the lot, as well as
to the setbacks of proximate buildings and the common street
setback.
[3]
Directional
expression.
The
vertical,
horizontal,
or
nondirectional facade character of the proposed building or
addition, and its relationship to the existing building and/or
proximate structures.
[4]
Windows and doors. The pattern of placement and proportions
of windows and doors, and their relationship with that of the
existing building and other structures in the two-hundred-foot
vicinity of the building.
[5]
Roof form. Roof form should be in proportion to the structure
and should relate to the materials and construction of the
existing building and structures in the two-hundred-foot
vicinity.
[6]
Features and details. Balconies, decks, covered porches,
bracketed eaves, columns, balustrades, towers, turrets,
skylights, and arches should be in proportion to each other.
[7]
Wall materials. Walls should be constructed of natural
materials such as masonry, stone or wood, or of synthetic
materials that are selected for harmony with natural materials.
[8]
Lighting. All lighting should be appropriate to the building
and its surroundings in terms of style, scale and intensity of
illumination. Low-wattage systems are preferred. Site lighting
should be shielded to prevent glare or spillage onto adjoining
properties.
[9]
Diversity of design. The designs for proposed new buildings
should avoid:
[a]
Overly repetitive use of identical architectural features
such as facade openings, cornice lines, etc.
[b]
Overly similar treatment of building elevations.
[c]
Excessive identical replication of the architectural style
or treatment existing in surrounding buildings.
[10]
Historic quality. The building's value within the historic
district or landmark fabric of the Village (i.e., built before
1931), or listed on, or determined eligible for, the state and/or
National Register of Historic Places, or designated as a
historic site or property by Westchester County.”
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
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.
As mentioned above, 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). An Excavation and Filling Permit is
intended to help protect the environment. Therefore, the requirement and approval of an
Excavation and Filling Permit on a Type II action serves to protect the environment in
connection with an action which has been deemed to have no significant adverse
environmental impact.
J.
Wetlands Permit issued by the Village Engineer under Chapter 227 of the
Village Code.
In accordance with Section 227-7F(2), the Village Engineer is be the approving authority
for any of the following activities proposed to be conducted on property not subject to
regulation by the State of New York:
“(a)
Removing water-deposited silt and/or other material in order to restore the
preexisting land elevations, provided that the total amount removed does
not exceed 15 cubic yards of material.
(b)
Restoring land elevations that have been altered by erosion or storm
damage.
(c)
The construction, expansion or improvement of private residential or
recreational facilities, as otherwise legally permitted, provided that the total
amount of material deposited, removed or regraded does not exceed 15
cubic yards.
(d)
The construction of driveways not associated with any other construction
approvals where alternative means of access are proved to be impractical,
provided that the amount of material to be deposited or regraded in
connection with such construction does not exceed 100 cubic yards.
(e)
The use of harmless chemicals, dyes and other similar substances to
maintain or study any wetland.
(f)
Decorative landscaping and planting in wetlands when covering less than
1/10 of an acre.”
In accordance with Section 227-8, the Village Engineer, may consider and require the
following in processing a wetlands permit:
“A.
In making its determination to grant, deny or grant with modifications
and/or conditions a permit under this chapter, the approving authority shall
consider the following:
(1)
Whether the proposed activity is consistent with the findings and
intent of this chapter as set forth in Section 227-1 and 227-2 hereof.
(2)
Whether the proposed activity will have an environmental impact
and the extent of that impact.
(3)
Whether there are possible or practicable alternatives to the
proposed activity.
(4)
Whether the proposed activity will have a deleterious effect on the
health, safety or welfare of the residents of the Village or its
neighboring communities.
(5)
Whether the proposed activity will have adequate safeguards for the
protection and preservation of the environment and the wetlands,
and for the natural functions of and benefits derived from such
areas.
(6)
Whether the proposed activity will have adequate safeguards
employing the best available technology to protect the surface water
and groundwater supplies of the Village from drought, pollution,
overuse and other forms of misuse.
(7)
Whether the proposed activity has been planned or designed so as to
create minimal disturbance; to prevent or mitigate damage from
erosion, turbidity or siltation; to preserve the natural flora and fauna
and their habitat; to protect against flood and pollution of the
wetlands; and to protect any other benefits of wetlands as
enumerated in Sections 227-1 and 227-2 hereof; and is the best
practicable alternative available for accomplishing the proposed
action.
(8)
Whether there is a practicable alternative site for the proposed
activity in another area of the subject property that is not a wetland.
(9)
Any additional information as contained in:
(a)
Any report from other Village boards and agencies and/or
federal, state or other local governmental agencies.
(b)
Any additional requested information.
B.
The applicant shall have the burden of demonstrating that the proposed
activity is not adverse to the health, safety and welfare of the residents of
the Village or its neighboring communities and that it will not degrade the
environment or be inconsistent with the purpose of this chapter as stated in
Sections 227-1 and 227-2 hereof or, in the alternative, that the applicant
will otherwise suffer undue hardship if a permit is not issued.
C.
The approving authority may require the preparation of a mitigation plan
by the applicant pursuant to Section 227-8E hereof when the applicant has
demonstrated that either losses or significant impacts to the wetlands or
wetlands buffer are necessary and unavoidable. For the purposes of
requiring a mitigation plan, wetlands impacts are necessary and
unavoidable only if all of the following criteria are satisfied:
(1)
There is no feasible on-site alternative to the proposed activity,
including reduction in density, change in use, revision of road and
lot layout and related site planning considerations that could
accomplish the applicant's objectives; and
(2)
There is no feasible alternative to the proposed activity on another
site available to the applicant that is not a wetlands or wetlands
buffer.
D.
The approving authority shall monitor or shall cause to have monitored
projects in accordance with the specifications set forth in the permit to
determine whether the elements of the permit and/or mitigation plan have
been met. The Planning Board may contract with an academic institution,
independent research group or other qualified professionals to assist and
discharge its obligations hereunder at the expense of the applicant. The
requirements for monitoring shall be specified in the permit and/or
mitigation plan and may include, but not be limited to:
(1)
The time period over which monitoring shall occur.
(2)
Field measurements to verify the size and location of the impacted
wetlands area and the restored/replacement wetlands area.
(3)
The date of completion of the work or restoration/replacement.
(4)
Field verification of the vegetative, hydrologic and soils criteria as
specified in the permit and/or mitigation plan.
E.
In the event that the approving authority so requires pursuant to
Section 227-8C hereof, the applicant shall prepare a mitigation plan.
(1)
All mitigation measures shall balance the benefits of regaining new
wetlands areas with the loss to other natural areas caused by
wetlands creation. On-site mitigation shall be the preferred
approach; off-site mitigation shall be permitted only in cases where
an on-site alternative is not possible.
(2)
Mitigation plans developed to compensate for the loss of wetlands
or wetlands buffers shall include baseline data as needed to
adequately review the effectiveness of this plan. The mitigation
plan shall also include a monitoring schedule for a specified period
of time as agreed to by the approving authority.
(3)
Any mitigation plan prepared pursuant to this section and accepted
by the approving authority shall become part of the permit for the
application.
F.
Any permit issued pursuant to this chapter may be issued with conditions.
Such conditions may be attached as the approving authority deems
necessary to ensure the preservation and protection of affected wetlands
and to ensure compliance with the policies and provisions of this chapter
and the provisions of the approving authority's rules and regulations, if
any, adopted pursuant to this chapter.
G.
Every permit issued pursuant to this chapter shall be in written form and
shall contain the following conditions:
(1)
Work conducted under a permit shall be open to inspection during
daylight hours, including weekends and holidays, by the approving
authority or its designated representative or the Village Engineer.
(2)
The permit expiration date as determined by the approving authority
shall be stated.
(3)
The permit holder shall notify the approving authority of the date on
which the work is to begin at least five days in advance of such
commencement date.
(4)
The approving authority's permit shall be prominently displayed at
the project site during the undertaking of the activities authorized
by the permit.
H.
The approving authority shall include in the permit application file it keeps
a copy of any mitigation plan prepared pursuant to Section 227-8E hereof
and a record of any hearing held pursuant to Section 227-7J hereof. .....
I.
No permit granted pursuant to this chapter shall remove an applicant's
obligation to comply in all respects with the applicable provisions of any
other federal, state or local law or regulation, including but not limited to
the securing of any other required permit or approval.
J.
The approving authority after notice to the permit holder and an
opportunity to be heard may revoke or suspend a wetlands permit if it finds
that the applicant has not complied with any or all of the terms of such
permit, has exceeded the authority granted in the permit or has failed to
undertake the project in the manner set forth in the approved application.
…..
K.
No permit shall be valid for more than one year after approval of an
application by the approving authority unless otherwise specified by the
approving authority. All permits shall expire upon the completion of the
work specified therein. The validity of any work duly completed pursuant
to an existing permit shall not be affected by the expiration of the permit,
but such work shall not be continued beyond the expiration date. Permits
may be renewed by the approving authority upon application submitted at
least 60 days before the expiration of the permit. Standards for issuance of
renewals shall be the same as for the issuance of permits. Permits,
including all of their conditions, shall be binding on successors and
assignees of the applicant.”
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
K.
Steep Slope Permit issued by the Village Engineer under Chapter 195 of the
Village Code.
In accordance with Section 195-5C, the Village Engineer shall be the approving
authority for all steep slope permit applications, except with respect to A and B below:
“A.
For any application that involves a regulated disturbance in an area of very
steep slope or extremely steep slope, the Planning Board shall be the
approving authority for the steep slope permit.
B.
The Planning Board shall be the approving authority for any application
involving property that is also the subject of a pending site plan, minor site
plan, subdivision or special permit application, or fill or excavation permit
in accordance with the Code of the Village of Croton-on-Hudson, and for
any application that also involves the construction or establishment of a
principal building or use.”
In granting a steep slope permit under Chapter 195, and in accordance with Section 195-
4, the Village Engineer shall apply the following standards:
“(1)
That the proposed activity and the manner in which it is to be
accomplished are in accordance with the purpose and findings set forth in
Section 195-1 of this chapter.
(2)
That the proposed activity and the manner in which it is to be
accomplished can be completed without increasing the possibility of creep
or sudden slope failure and will minimize additional erosion to the
maximum extent practicable.
(3)
That the proposed activity and the manner in which it is to be
accomplished will not adversely affect the preservation and protection of
existing wetlands, water bodies, watercourses, floodplains, or any
endangered species of flora or fauna.
(4)
That the proposed activity and the manner in which it is to be
accomplished can be completed in such a way so as not to adversely affect
existing, proposed or potential future wells or sewage disposal systems.
(5)
That the proposed activity and the manner in which it is to be
accomplished are consistent with the principles and recommendation of the
Village Comprehensive Plan adopted by the Village Board.
(6)
Lot layouts shall be designed so that sanitary sewage disposal systems
entirely avoid areas of very steep slope and extremely steep slope and are
in compliance with all standards and regulations of the Westchester County
Health Department.
(7)
The padding or terracing of building sites shall be evaluated on a site-by-
site basis for appropriateness. The mounding of septic tile fields shall be
minimized to the maximum extent practicable.
(8)
The alignment of roads and driveways shall follow the natural topography,
minimize regrading and, in the case of roads, shall comply with design
standards for maximum grades set forth in the Village Code.
(9)
The natural elevations and vegetative cover of ridgelines shall be protected
from disturbance to the maximum extent possible.
(10)
All regrading shall blend in with the natural contours and undulations of
the land.
(11)
Cuts and fills shall be rounded off to eliminate sharp angles at the top,
bottom and side of regraded slopes.
(12)
The angle of cut and fill slopes shall not exceed the natural angle of repose
of the soil or rock materials in the cut or fill, except where retaining walls
or other structural stabilization is used. Generally for soils, cut and fill
slopes should be not steeper than two horizontal to one vertical (fifty-
percent slope).
(13)
Fill slopes shall avoid all slopes of two horizontal to one vertical (fifty-
percent slope) or steeper. The toe of the fill slope shall not be located
within 12 feet horizontally of the top of an existing or proposed cut slope.
(14)
Tops and bottoms of cut and fill slopes shall be set back from existing and
proposed property lines a distance at least equal to the lesser of three feet
plus 1/5 of the height of the cut or fill or 10 feet.
(15)
Tops and bottoms of cut and fill slopes shall be set back from structures a
distance that will ensure the safety of the structure in the event of the
collapse of the cut or fill slopes. Generally, such distance will be
considered to be six feet plus 1/5 the height of the cut or fill but need not
exceed 10 feet. Nevertheless, a structure may be built on a slope or at the
toe of a slope if it is designed to retain the slope and to withstand the forces
exerted on it by the retained slope.
(16)
Measures for the control of erosion and sedimentation shall be undertaken
in accordance with the New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water
Conservation Society, 2005, most recent version including applicable
updates or its successors) or its equivalent satisfactory to the approving
authority.”
In accordance with Section 195-8C(6), the Village Engineer will also establish conditions
of approval deemed necessary to satisfy the goals, objectives and review standards set
forth in Sections 195-1 and 195-4 of Chapter 195, including but not limited to the
following:
“(a)
The use of explosives shall be avoided to the maximum extent practicable.
Generally, disturbance of rock outcrops shall be by means of explosives
only if manual labor and machines are not effective and only if rock
blasting is conducted in accordance with the Code of the Village of
Croton-on-Hudson and all other applicable regulations by a person holding
a current Class A or Class B certificate of competence from the New York
State Department of Labor.
(b)
Any disturbance of steep slopes shall be completed within one construction
season, and disturbed areas shall not be left bare and exposed during the
winter and spring thaw periods.
(c)
The disturbance of existing vegetative ground cover shall not take place
more than 15 days prior to commencing grading and construction.
(d)
Temporary soil stabilization shall be applied to all areas of disturbance and
all adjoining areas within 50 feet thereof within two days after establishing
of the final grade, and permanent stabilization and revegetation shall be
undertaken within 15 days thereafter. Upon good cause shown and based
upon consideration of the slopes, soils and environmental sensitivity of the
area involved, the Village Engineer may modify these specified time
periods.
(e)
Temporary soil stabilization shall be applied within two days after the
disturbance is completed or when no additional disturbance is to be
performed for a period of seven days. Upon good cause shown and based
upon consideration of the slopes, soils and environmental sensitivity of the
area involved, the Village Engineer may modify these specified time
periods.
(f)
Topsoil that will be stripped from all areas of disturbance shall be
stockpiled in a manner so as to minimize erosion and sedimentation, and
shall be replaced on the site at the time of final grading.
(g)
Fill material shall be composed only of nonorganic material, including rock
with a diameter that will allow for appropriate compaction and cover by
topsoil.
(h)
Compaction of fill materials in fill areas shall be such that it ensures
support of proposed structures and stabilization for intended uses.”
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
L.
Fill or Excavation Permit issued by the Village Engineer under Chapter 120
of the Village Code.
In accordance with Section 120-4, the Village Engineer shall be the approving authority
for all applications, except that the Planning Board shall be the approving authority for
any application that is also the subject of a pending site plan, minor site plan, subdivision
plan, wetlands permit, steep slopes permit or tree removal permit before the Planning
Board in accordance with the requirements of the Code of the Village of Croton-on-
Hudson.
In accordance with Section 120-8, in granting an excavation and filling permit under
Chapter 120, the Village Engineer shall apply the following standards:
“A.
Any excavation to be made below the grade of surrounding property to a
depth greater than four feet shall be properly guarded and protected during
construction by a substantial fence of proper height and strength, with
gates, which gates shall be locked at all times when the property is not
being worked. In addition, when deemed appropriate by the approving
authority, a permanent substantial safety fence of proper height and
strength shall be installed to properly guard and protect said changes in
grade after construction.
B.
Excavation and filling operations shall be conducted so as to not adversely
impact stormwater drainage, water bodies and/or watercourses, except as
may be otherwise authorized by Chapter 196 or by a wetlands permit
issued pursuant to Chapter 227 of the Village Code.
C.
During construction all excavations shall be drained so that any standing
water at the bottom of any excavation shall not be greater in depth than one
foot, and after construction there shall be no standing water at the bottom
of any excavations.
D.
All fill shall be clean, containing no garbage, refuse or deleterious matter,
shall be graded in a smooth transition to the level of the adjoining property
and shall be reseeded with an appropriate vegetation mixture sufficient to
stabilize the soil. The approving authority may require testing to determine
the cleanliness of the fill.
E.
In the case of a permit for the removal of topsoil, at least two inches of
topsoil shall be left upon the surface from which topsoil has been removed,
and the area from which said topsoil has been taken shall be reseeded with
an appropriate vegetation mixture sufficient to stabilize the soil and
covered with mulch.
F.
The on-site processing of fill or the erection or use of any structure for
such processing, such as but not limited to hoppers, strainers, washers,
crushers or sheds is prohibited; however, where a permit has been issued
under this chapter, power equipment for the purpose of filling and
excavation may be allowed.
G.
Excavation and/or filling operations shall not be permitted between the
hours of 8:00 p.m. and 8:00 a.m. Sunday through Saturday and between the
hours of 8:00 p.m. Saturday and 10:00 a.m. Sunday.
H.
Slopes shall not be created in excess of the permanent stable slope of the
soil or other material involved, and the exposed slopes shall be required to
be seeded or protected by other means to prevent their subsequent erosion.
In the event of any dispute as to the stability of the slopes, the
determination of the approving authority shall be conclusive.
I.
Appropriate dust control measures shall be implemented on-site and on
access roads and any traveled areas used in connection with any work
under this chapter to protect the public and surrounding area against
windblown sand and dust.
J.
Removal of soil or other material from the ground and/or placement of fill
on the ground shall not prevent or interfere with the orderly development
of land in the vicinity, shall not unreasonably impede traffic flow, and shall
not make it unduly difficult or costly for the installation of public utilities
or other public services.
K.
There shall be no deleterious interference with existing drainage, nor shall
the excavation or filling operation divert or cause water to collect on the
property of others or interfere with or overload any existing or planned
drainage facilities of the Village, endanger any road, street or highway
within the limits in the Village or produce or enlarge areas from which
water will not drain, and provision shall be made for the temporary
drainage of the property during the excavation or filling operation and for
the restoration of permanent drainage to be effective upon completion of
the operation.
L.
The approving authority shall take into consideration the declared policy of
this chapter regarding the replacement of topsoil and the restoration,
reseeding and stabilization of the land.
M.
To prevent the earth of adjoining property from caving in before permanent
supports have been provided for the sides of such excavation, any person
causing any excavation to be made shall provide such sheet piling and
bracing as may be necessary. Whenever provisions are lacking for the
permanent support of the side of an excavation, the person causing or
having caused such excavation to be made shall build a retaining wall at
his own expense on his own land, such retaining wall to be carried to a
height sufficient to retain the adjoining earth. A Building Permit shall be
required if the retaining wall is more than four feet in height.
N.
The approving authority may require that stumps, large tree roots and
excess excavated material be removed from the site and may limit rock
excavation methods and quantities.
O.
Such conditions as the approving authority may deem appropriate as to the
time in which the work is to be completed.
P.
Such other conditions as the approving authority may deem appropriate to
carry out the purposes of this chapter and the broad statements of policy as
enumerated in Section 120-1 hereof, as if those purposes were specifically
enumerated hereunder.
Q.
The approving authority retains the power to impose additional conditions
during the terms of the permit if in its opinion additional conditions are
necessary.”
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
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.
In accordance with Section 196-7A, all activities which require a building, land use or
environmental permit and involve 400 square feet or more of land disturbance, but which
do not meet the defined size threshold in Section 196-5, Definitions, for a land
development activity, or any disturbance within 20 feet of a rainfall drainage channel, are
subject to the review and approval of a Minor Land Disturbance Permit from the
Stormwater Management Officer. A Land Development Activity is defined in Section
195-5 as any construction activity including clearing, grubbing, grading, excavating, soil
disturbance or placement of fill that results in land disturbance of equal to or greater than
5,000 square feet in area.
In accordance with Section 196-7B, an application for approval of a minor land
disturbance activity, shall include, except as may be waived by the SMO, the following
background information, erosion and sediment controls, and stormwater management
practices:
“(1)
Background information about the scope of the project, including location,
type and size of project.
(2)
Site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map shall show the total site area; all
improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s); wetlands
and drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharge(s).
The site map shall be at a scale no smaller than one inch equals 50 feet.
(3)
Description of the soil(s) present at the site and soil test results, if
requested.
(4)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation and
grading, utility and infrastructure installation and any other activity at the
site that results in soil disturbance.
(5)
Temporary and permanent structural and vegetative measures to be used
for soil stabilization, runoff control and sediment control for the project
from initial land clearing and grubbing to project close-out.
(6)
A site map/construction drawing(s) specifying the location(s), size(s) and
length(s) of each erosion and sediment control practice.
(7)
Dimensions, material specifications and installation details for all erosion
and sediment control practices.
(8)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice will remain in place until the site is stabilized.
(9)
Maintenance schedule to ensure continuous and effective operation of the
erosion and sediment control practice.
(10)
Name(s) of the receiving water(s) and NYSDEC classification(s), if
applicable.
(11)
Any existing data that describes the stormwater runoff at the site.
(12)
An acknowledgement by the landowner granting to the Village and other
agencies having jurisdiction the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
(13)
Description of each postconstruction stormwater management practice,
including but not limited to dimensions, material specifications and
installation details for each postconstruction stormwater management
practice.
(14)
Site map/construction drawing(s) showing the specific location(s) and
size(s) of each postconstruction stormwater management practice.
(15)
Hydrologic and hydraulic analysis for all structural components of the
stormwater management system for the applicable design storm.
(16)
Comparison of post-development stormwater runoff conditions with
predevelopment conditions.”
Further, a Minor Land Disturbance activity is subject to the performance and design
criteria in Section 196-8A, and the application shall show that there will be no net
increase in the rate of runoff resulting from the project for the 10-year storm event. The
performance and design criteria in Section 196-8A are as follows:
“A.
For the purpose of this article, the following documents shall serve as the
official guides and specifications for stormwater management. Stormwater
management practices that are designed and constructed in accordance
with these technical documents shall be presumed to meet the standards
imposed by this article chapter. Copies of the two manuals are on file in the
office of the Stormwater Management Officer. (NOTE: The New York
State technical guidance documents may be ordered from The Department.
An order form as well as downloadable versions of the Manuals are
available on the Internet at:
http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.
html or http://www.dos.state.ny.us/lgss/stormwaterpub/index.html.)
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most
recent version including applicable updates or its successors,
hereafter referred to as the "Design Manual.")
(2)
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation
Society, 2005, most recent version, including applicable updates, or
its successors, hereafter referred to as the "Erosion Control
Manual").”
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
N .
Tree Removal Permit issued by the Village Engineer under Chapter 208 of
the Village Code
In accordance with Section 208-16C, the Village Engineer or his or her designee shall be
the approving authority for tree removal permits, except that the Planning Board or
Village Board, as applicable, shall be the approving authority for any application that is
also the subject of a pending site plan, minor site plan, subdivision approval, wetlands
permit or steep slopes permit.
In reviewing an application for a tree removal permit, the Village Engineer shall utilize
the following standards in Section 208-16D:
“D.
A tree removal permit shall normally be issued if any of the following
conditions are met:
(1)
The location of the tree(s) clearly endangers the health, safety,
welfare or property of the general public, the property owner or an
adjoining property owner.
(2)
The location of the designated tree(s) prevents compliance with state,
county or local standards for sight lines, driveways or intersections.
(3)
The location of the tree(s) prevents the property owner from
undertaking otherwise approved construction or alteration because the
location of the designated tree(s) substantially interferes with a
permitted use of the property and the construction or alteration cannot
be reasonably modified to accommodate the designated tree(s);
written explanation may be required describing how the designated
tree(s) interferes with construction or alteration and why the
construction or alteration cannot be modified reasonably to
accommodate the designated tree(s).
(4)
The designated tree(s), due to death, disease, blight, infestation, storm
damage, accident or other condition, causes undue hardship for the
property owner to maintain.
(5)
The tree is dead, or so substantially diseased that it constitutes a
danger to persons, property or other trees.
(6)
The removal of the tree is not inconsistent with good silvicultural,
horticultural or vegetation management and will not have an adverse
visual or ecological impact.”
Further, and in accordance with Section 208-18, the Village Engineer may require the
following as conditions of the granting of the tree removal permit:
“A.
Require the reasonable relocation of proposed foundation walls, driveways,
grading, surface and subsurface improvements or drainage systems to
preserve specific trees.
B.
Regulate the days and hours of operations.
C.
Require that each tree to be cut or removed be marked at one point low
enough on the trunk to be visible after removal of the tree so as to permit
subsequent inspection. Notwithstanding the above, where the use of a
sampling technique has been approved, trees less than 22 inches in
diameter at breast height need not be marked.
D.
Require such safeguards as appropriate to minimize the environmental
impact of such removal operations.
E.
Require additional information, if the tree removal involves clear cutting,
including but not limited to:
(1)
Complete plans for the restoration of the site after tree removal,
which shall be certified by a recognized tree expert, drawn to a
scale of not less than one inch equals 50 feet, and including the
following:
(a)
Description of the proposed vegetative cover of the tree
removal area, including dominant species before and after the
tree removal.
(b) The location of the tree removal in relation to property lines,
roads, buildings and wetlands within 100 feet thereof.
(2)
Additional information as needed or deemed necessary by the
approval authority to evaluate the proposed tree removal in terms of
the goals and standards of this chapter.
F.
Require that the tree trunk, limbs, stump and any roots remaining above
grade be removed to approximately two feet or less.
G.
Require that the disturbed area be backfilled, replanted and/or reseeded.
H.
Require that in the case of a tree destroyed or removed illegally, another
tree or trees of comparable size, species and/or value be replanted at the
expense of the property owner, for each tree removed.
I.
Require the planting of a replacement tree or trees.
J.
Impose such additional conditions as the approving authority deems
necessary to ensure compliance with the policies and provisions of this
chapter.”
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
O.
Permit for Improvement in the Street Line or Street Use Approval Issued by
the Village Engineer under Chapter 197 of the Village Code
In accordance with Section 197-18, the Village Engineer may grant a permit authorizing
the following improvements of such land within street lines:
“A.
Alteration or changes of grade or level.
B.
Construction of retaining walls parallel with the line of the street.
C.
Such other improvements as shall enhance the beauty of the street and will
not interfere with the public use thereof.”
In addition, and in a accordance with Section 197-7, the Village Engineer may grant
permission to obstruct, encumber, occupy or consent to or aid or abet the obstruction,
encumbrance or occupation of any part of any street, lane or alley, sidewalk or public
grounds, so far as the same shall be necessary for the erection or repair of a building or
the grading or improvement of a lot, and only so long as it may be necessary therefor, and
on such terms as may be laid down by the Village Engineer.
Further, when, with such permission, any part of any street, lane or alley, sidewalk or
public ground shall be obstructed, occupied or encumbered, a passageway shall at all
times be kept open for travelers and pedestrians, and such obstructions or encumbrances
shall be carefully guarded and lighted at all times during the night with red lights. No
person shall otherwise store or keep property in any street, lane or alley or upon any
sidewalk or public ground in said Village.
The Village Engineer may also permit an applicant to mix or temper mortar, concrete,
plaster or other substance or cause the same to be done on any street, sidewalk or
crosswalk in the Village, upon such terms as may be prescribed by such Village
Engineer.
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
P.
Blasting Permit issued by the Village Engineer under Chapter 81 of the
Village Code.
In accordance with Section 81-3, a blasting permit, when approved and signed by the
Village Engineer or his designee and upon payment of a fee in an amount set by
resolution of the Board of Trustees, shall be issued by the Village Engineer or his
designee, who shall keep a record thereof.
Pursuant to Section 81-4, all blasts, before firing, shall be covered with rope or metal
matting, heavy timbers chained together or other suitable screens of sufficient size,
weight and strength to prevent the escape of broken rock or other material in a manner
liable to cause injury or damage to persons or property. All blasting shall be in
accordance with applicable state and federal laws and regulations.
In accordance with Section 81-5, no person shall fire or explode or direct or cause to be
fired or exploded any blast in or near any highway or public place in the Village of
Croton-on-Hudson unless a warning air blast is given to give proper warning thereof at
least three minutes in advance of firing and two warning air blasts are given at the
conclusion of the blasting operation.
Pursuant to Section 81-6, no person shall conduct blasting operations within the Village
after the hour of 5:00 p.m. and before 8:00 a.m. nor at any time on Saturdays, Sundays
and legal holidays, except under authority of a special permit issued by the Board of
Trustees. In accordance with Section 81-7, during blasting operations, explosives shall
be stored separately from igniters, and for this purpose separate receptacles shall be built
or provided and placed at a reasonable distance apart one from the other.
Lastly, and in accordance with Section 81-7, the Village Manager is hereby authorized
and empowered to establish and promulgate rules and regulations concerning blasting
operations in the Village, storage of explosives and other matters contained in this
chapter not inconsistent with the other provisions of this chapter. Such rules and
regulations, when established and promulgated by the Village Manager, shall be binding
upon all persons to whom a permit is issued pursuant to this chapter.
This proposed Type II action will be reviewed pursuant to the above mentioned Village
Code provisions which will ensure that the action results in no significant adverse impact
upon the environment.
Q.
Public Display of Fireworks Permit issued by the Police Chief under Chapter
127 of the Village Code.
The Chief of Police of the Village is designated as authority for issuance of permits for
public displays of fireworks within the Village. As permit authority, the Chief of Police
shall have such duties, powers and authorities as are provided by § 405.00 of the Penal
Law of the State of New York or any successor statute. Such duties, powers and
authorities will ensure that the action results in no significant adverse impact upon the
environment.
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.
Minor improvements designed or intended to correct localized water, sewer, or drainage
problems would, by their very nature, be for the purpose of alleviating environmental
problems and would therefore be beneficial to the environment. They therefore would
have environmental benefits as opposed to adverse environmental impacts.
S.
Seasonal salting and/or sanding of roads, sidewalks, and parking lots.
The seasonal salting and/or sanding of roads, sidewalks and parking lots would be for
safety purposes, and have been conducted for many decades without significant adverse
impact to the environment. Materials used for this purpose have, over time, become
more environmentally friendly and the users of same have become more environmentally
conscious. The conclusion can therefore be reached that these practices will result in no
significant adverse impacts upon the environment.
ADDEN DUM TO PART 2 OF EAF
In conclusion, the Proposed Action will not directly result in any construction or physical
changes to any site within the Village of Croton-on-Hudson. The proposed local law will
not result in any adverse impacts on the environment. More specifically:
•
The Proposed Action will not have a significant adverse environmental impact on any
Critical Environmental Area (CEA).
•
The Proposed Action will not have a significant adverse environmental impact on any
unique or unusual land forms.
•
The Proposed Action will not have a significant adverse environmental impact on any
water body designated as protected.
•
The Proposed Action will not have a significant adverse environmental impact on any
non-protected existing or new body of water.
•
The Proposed Action will not have a significant adverse environmental impact on
surface or groundwater quality or quantity.
•
The Proposed Action will not have a significant adverse environmental impact on or
alter drainage flows or patterns, or surface water runoff.
•
The Proposed Action will not have a significant adverse environmental impact on air
quality.
•
The Proposed Action will not have a significant adverse environmental impact on any
non-threatened or non-endangered species.
•
The Proposed Action will not have a significant adverse environmental impact on any
threatened or endangered species.
•
The Proposed Action will not have a significant adverse environmental impact on
agricultural land resources.
•
The Proposed Action will not have a significant adverse environmental impact on
aesthetic resources.
•
The Proposed Action will not have a significant adverse environmental impact on any
site or structure of historic, prehistoric or paleontological importance.
•
The Proposed Action will not have a significant adverse environmental impact on the
quantity or quality of existing or future open spaces or recreational opportunities.
•
The Proposed Action will not have a significant adverse environmental impact on
existing transportation systems.
•
The Proposed Action will not have a significant adverse environmental impact on the
community's sources of fuel or energy supply.
•
The Proposed Action will not have a significant adverse environmental impact as a
result of objectionable odors, noise or vibration.
•
The Proposed Action will not have a significant adverse environmental impact on the
public health and safety.
•
The Proposed Action will not have a significant adverse environmental impact on the
character of the existing community.
J:\DOCS2\100\Croton\Type II\EAF attach 7-7-11 clean.dhs.doc
Machine-extracted for search and reference — the original PDF is the authoritative version.