Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda 5-5-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 54.
Flood damage prevention — See Ch. 92.
Subdivision of land — See Ch. 162.
Zoning — See Ch. 195.

§ 86-1 Definitions.

Unless the context shall otherwise require, the terms, phrases and words used in these rules and regulations shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.

§ 86-2 Compliance required; construal of provisions.

No decision to carry out or approve an action other than an action listed in § 86-3B hereof shall be made by the Town Board or by any department, board, commission, officer or employee of the Town of Wawayanda until there has been full compliance with all requirements of these rules and regulations; provided, however, that nothing herein shall be construed as prohibiting the following:
A. 
The conducting of contemporaneous environmental or engineering studies and preliminary planning necessary to the formulation of a proposal for action which does not commit the Town to approve, commence or engage in such action; or
B. 
The granting 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 these regulations have been fulfilled.

§ 86-3 Findings.

A. 
The following actions are likely to have a significant effect on the environment:
(1) 
The granting of subdivision approvals.
(2) 
The granting of special use permits by the Planning Board.
(3) 
The granting of site plans.
B. 
The following actions are deemed not to have a significant effect on the environment:
(1) 
The granting of variances.
(2) 
The granting of building permits.

§ 86-4 Application.

For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the Planning Board, or Town Board, if applicable, of the Town of Wawayanda, setting forth the name of the applicant, the location of the property affected, if any, a description of the nature of the proposed action and the effect it may have on the environment. In addition, applicants may include a detailed statement of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement provided herein shall be upon a form prescribed by resolution by the Planning Board, or Town Board, if applicable, and shall contain such additional relevant information as shall be required in the prescribed form. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Planning Board, or Town Board, if applicable.

§ 86-5 Notice.

Upon receipt of a complete application and a statement, the Planning Board, or Town Board, if applicable, shall cause a notice thereof to be posted on the signboard, if any, of the Town of Wawayanda and may also cause such notice to be published in the official newspaper of the Town, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Planning Board, or Town Board, if applicable, no later than a date specified in such notice.

§ 86-6 Written determination.

The Planning Board, or Town Board, if applicable, shall render a written determination on such application within 15 days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the Planning Board, or Town Board, if applicable. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Planning Board, or Town Board, if applicable, may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination on the application.

§ 86-7 Fee.

Every application for determination under these regulations shall be accompanied by a reasonable fee, which fee shall be determined by the Town Board and can be amended by them by resolution from time to time.

§ 86-8 Filing.

If the Planning Board, or Town Board, if applicable, determines that the proposed action is not an exempt action, not an action listed in § 86-3B hereof and that it will not have a significant effect on the environment, the Planning Board, or Town Board, if applicable, shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to these regulations. If the Planning Board, or Town Board, if applicable, determines that the proposed action may have a significant effect on the environment, the Planning Board, or Town Board, if applicable, shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of these regulations and Part 617 of Title 6 of NYCRR.

§ 86-9 Environmental impact report.

A. 
Following a determination that a proposed action may have a significant effect on the environment, the Planning Board, or Town Board, if applicable, shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(1) 
Immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
(2) 
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
B. 
If the applicant does not submit an environmental impact report, the Planning Board, or Town Board, if applicable, shall notify the applicant that the processing of the application will cease and that no approval will be issued.

§ 86-10 Notice of completion; public hearing.

A. 
Upon completion of a draft environmental impact statement, a notice of completion containing the information specified in Section 617.7(d) of Title 6 of NYCRR shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of NYCRR. In addition, it shall be published in the official newspaper of the Town, and a copy thereof shall be posted on a signboard of the Town. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of NYCRR.
B. 
If the Planning Board, or Town Board, if applicable, determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official newspaper of the Town, at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence no fewer than 15 calendar days nor more than 60 calendar days from the filing of the draft environmental impact statement, except as otherwise provided where the Planning Board, or Town Board, if applicable, determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law.

§ 86-11 Actions with no significant effect.

If, on the basis of a draft environmental impact statement or public hearing thereon, the Planning Board, or Town Board, if applicable, determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to these regulations.

§ 86-12 Final statement.

Except as otherwise provided herein, the Planning Board, or Town Board, if applicable, shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of NYCRR, provided further that if the action involves an application, the Planning Board, or Town Board, if applicable, may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the Planning Board, or Town Board, if applicable, may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Where the action involves an application, such final environmental impact statement shall be accompanied by the fee specified by the Town Board to defray the expenses of the Town in preparing and/or evaluating the same.

§ 86-13 Notice of final completion.

A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 86-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.

§ 86-14 Filing of final statement.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Planning Board, or Town Board, if applicable, or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Planning Board, or Town Board, if applicable, has been the lead agency for an action, it shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement.

§ 86-15 Actions with significant effect.

When the Planning Board, or Town Board, if applicable, decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
A. 
The action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact statements; and
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

§ 86-16 Filing of determination.

For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of NYCRR.

§ 86-17 Statutory procedures adopted by reference.

Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR shall be followed.

§ 86-18 Exemptions.

Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from these regulations and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of NYCRR; provided, however, that if after such dates the Planning Board, or Town Board, if applicable, modifies an action undertaken or approved prior to that date and the Planning Board, or Town Board, if applicable, determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR.