This chapter is adopted pursuant to Article 8 of the Environmental Conservation
Law of New York State in order to establish a procedure incorporating the
consideration of environmental factors into town planning, review and decision-making
processes. This chapter shall be applicable in the area of the Town of Tonawanda,
exclusive of the Village of Kenmore.
Unless the context shall otherwise require, the terms, phrases and words
and their derivatives used in this chapter shall have the same meaning as
those defined in § 8-0105 of the Environmental Conservation Law
of the State of New York and Part 617 of Title 6 of the New York Code of Rules
and Regulations (NYCRR). In addition, the following term shall have the meaning
indicated:
TOWN
Any board, commission, district, council or other agency, department
or unit of government of the Town of Tonawanda, New York.
No decision to carry out, fund or approve an action other than an action
listed in § 617.13 of Title 6 of NYCRR as a Type II action or an
action classified as excluded or exempt shall be made by the town or any applicant,
nor shall any action other than a Type II, excluded or exempt action be carried
out, funded or approved by the town or any applicant prior to compliance with
all requirements of this chapter and Part 617 of Title 6 of NYCRR; provided,
however, that nothing herein shall be construed as prohibiting contemporaneous
environmental, engineering, economic feasibility or other studies and preliminary
planning and budgetary processes necessary to the formulation of a proposal
for action which do not commit the town to approve, commence or engage in
such action or approval of any part of an application which relates only to
technical specifications and requirements, provided that no such partial approval
shall entitle or permit the applicant to commence the action until all requirements
of this chapter and Part 617 of Title 6 of NYCRR have been fulfilled.
Those actions likely to have a significant effect on the environment
are listed as Type I actions in § 617.12 of Title 6 of NYCRR. Those
actions not likely to have a significant effect on the environment are listed
as Type II actions in § 617.13 of Title 6 of NYCRR. Excluded actions
are defined in § 617.2(p) of Title 6 of NYCRR and exempt actions
are defined in § 617.2(q) of Title 6 of NYCRR. To determine whether
a proposed Type I or unlisted action may have a significant effect on the
environment, the impacts which may be reasonably expected to result from the
proposed action must be compared against the criteria enumerated in § 617.11(a)
of Title 6 of NYCRR.
The lead agency shall be determined and designated by mutual agreement
of all involved agencies within 30 calendar days of the EAF being mailed,
as provided by § 617.6 of Title 6 of NYCRR. If no other agencies
are involved, the Town Board of the Town of Tonawanda shall be the lead agency.
In all cases, the lead agency shall be the agency, board or body having final
authority to approve or undertake the action. The Town Board of the Town of
Tonawanda shall be the lead agency for all actions where the anticipated impacts
are primarily of local significance; where it has the governmental power most
suitable for investigating those impacts or where it has the greatest capability
for providing thorough environmental assessment of the action.
Following the determination that a proposed action may have a significant
effect on the environment, the Review Committee shall immediately notify the
applicant or agency of the determination and shall direct the preparation
of a draft environmental impact statement.
A. When an action subject to this chapter involves an applicant,
the lead agency may charge a fee to the applicant in order to recover the
actual costs of preparing or reviewing the EIS; provided, however, that an
applicant may not be charged a separate fee for both the preparation and review
of an EIS and, provided further, that any fee charged must reflect the actual
costs to the lead agency for such preparation or review. Where an applicant
does not choose to prepare the EIS, the lead agency shall provide the applicant,
upon request, with an estimate of the costs for preparing such statement based
on the total cost of the project for which funding or approval is sought.
B. In the case of an action involving the town, the Review
Committee shall prepare or cause to be prepared a draft EIS.
Upon completion of the draft EIS, the Review Committee shall file a
notice of completion containing the information specified in § 617.10
of Title 6 of NYCRR. The notice of completion shall be prepared, filed and
circulated by the Review Committee as provided in § 671.10(a)(2)
and § 617.10(d) of Title 6 of the NYCRR.
The Review Committee shall provide a recommendation to the lead agency
regarding the holding of a public hearing.
A. If the lead agency determines that a public hearing on
a draft EIS should be held, notice thereof shall be filed, circulated and
set by the Review Committee in the same manner as for a notice of completion.
The notice shall be published in a newspaper regularly published and having
general circulation in the Town of Tonawanda at least 14 calendar days prior
to the hearing. The notice shall also state the place where substantive written
comments on the draft EIS may be sent and the date before which comments should
be received.
B. The hearing shall be held by the lead agency no less
than 15 nor more than 60 calendar days after completion or submission of the
draft EIS, unless it determines that additional time is necessary for public
or other agency review of the draft EIS or a different hearing date is required
by other applicable law or regulation.
Upon completion of the draft EIS and close of the hearing, if one was
held, the Review Committee shall forward its written findings and recommendations
to the lead agency who, after proper deliberation, shall, by way of the Review
Committee, notify the applicant whether the action will have a significant
effect on the environment.
A. If the lead agency determines that the action will have
no significant effect on the environment, a negative declaration shall be
filed pursuant to § 617.10 of Title 6 of NYCRR and the proposed
application may be processed without further regard to this chapter or Part
617 of Title 6 of NYCRR.
B. If the lead agency determines that the action will have
significant effect on the environment, the lead agency shall prepare or cause
to be prepared a final EIS pursuant to § 617.14 of Title 6 of NYCRR
within 45 calendar days after the close of any hearing or 60 calendar days
after the filing of the draft EIS, whichever occurs later. The lead agency
may extend this as necessary to complete the statement or where problems identified
with the proposed action require material reconsideration or modification.
Notice of completion of the final environmental impact statement shall
be prepared, filed and circulated by the Review Committee on behalf of the
lead agency as provided in Part 617 of Title 6 of NYCRR. A copy shall be sent
to each person to whom the notice of completion of the draft EIS was sent.
Copies of the final EIS shall be filed and made available for review in the
same manner as the draft EIS.
The lead agency shall make no final determination to commence, carry
out, fund or approve an action which may have a significant environmental
effect until it has made a written finding that:
A. The agency has given due consideration to the final EIS;
B. The requirements of this chapter and Part 617 of Title
6 of NYCRR have been met;
C. Consistent with social, economic and other essential
considerations from among the reasonable alternatives thereto, the action
to be carried out, funded or approved is one which minimizes or avoids adverse
environmental effects to the maximum extent practicable; including the effects
disclosed in the relevant EIS;
D. Consistent with social, economic and other essential
considerations, to the maximum extent practicable, adverse environmental effects
revealed in the EIS process will be minimized or avoided by incorporating
as conditions to the decision those mitigative measures which were identified
as practicable; and
E. Contains the facts and conclusions in the
EIS relied upon to support its decision and indicates the social, economic
and other factors and standards which formed the basis of its decision.