Critical Environmental Areas and SEQRA Implementation
Section 1.
The Code of the Village of Shoreham is amended to include a new Chapter to read as follows:
Section 1.1 Intent
WHEREAS, the Village of Shoreham contains natural and human environmental resources specifically with regard to woodland and open spaces, flora and fauna, wetlands, groundwater, unique geological features, air quality, beaches and bluffs, and other areas of important aesthetic and scenic quality; and
WHEREAS, these valuable resources are located throughout the Village of Shoreham; and
WHEREAS, the Village Board recognizes that there is now and will continue to be significant development pressure within the Village which, through unrestricted development and construction, may tend to destroy or impair the Village's environmental resources as a result of sewage disposal, groundwater contamination, air impacts, solid waste and traffic generation, loss of wetlands and destruction of wooded and open areas; and
WHEREAS, it is the intention of the Village Board of the Village of Shoreham to protect these valuable resources to the maximum extent possible for the benefit and enjoyment of the Village residents; and
WHEREAS, it is not the Village's intention to create an undue burden upon applicants for land use proposals or to economically impact in any way applicants for small projects for which no significant environmental impact is anticipated, such as small divisions of land, construction of or additions to individual residential structures; and
WHEREAS, actions which are specifically identified as unlisted actions which may pose a significant impact upon the environment can be processed in accordance with 6 NYCRR Part 617.6(b), and, therefore, receive the same through environmental review; and
WHEREAS, designation of Critical Environmental Areas and strict implementation of the provisions of the New York State Environmental Quality Review Act will help us protect the valuable resources of the Village of Shoreham; and
WHEREAS, certain areas within the Village of Shoreham have heretofore been designated as Critical Environmental Areas by Resolution of this Village Board, to wit:
Beach and Bluff Areas
Woodlands
Section 1.2 Critical Environmental Areas.
* Exhibit A is on file with the Village Clerk, Village of Shoreham, Shoreham, N.Y. 11786
Section 1.3 Environmental Assessment Forms.
All actions concerning the use or development of vacant land occurring within the boundaries of the Critical Environmental Areas designated in Section 1.2A of this Local Law of the Village of Shoreham shall be considered as type I actions under SEQRA, thus requiring the preparation and submission of a Long Environmental Assessment Form (LEAF). The following shall not be considered as Type I actions, unless a particular action meets the criteria for type I actions as noted in S80-4 of the Local Law:
Section 1.4 Type I and Type II Actions.
The Village Board hereby adopts the following list of Type I and Type II actions respectively, for the purposes of town procedures for implementation of SEQRA. This list shall supersede all previously designated Type 1 and Type II lists as promulgated by this Board on April 5, 1977 and subsequently amended.
The following actions are Type 1 if they are to be directly undertaken, funded, or approved by an agency:
The following actions are Type II actions:
Section 1.5 Severability.
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgement shall not affect, impair or invalidate the remainder of this local law but shall be confined to its operation to the clause, sentence, paragraph, section or part of this local law that shall be directly involved in the controversy in which such judgement shall have been rendered.
Ordinances and Local Laws Table of Contents