[Adopted 6-27-1996 by L.L. No. 6-1996]
The Town of Colonie is blessed with an abundance
of natural resources which help maintain an excellence in the quality
of life and standard of living in the community. Consideration of
the environment in the decisionmaking process through legislation
and regulation has been adopted by government at the federal, state
and local levels. In addition, as a society, we have the moral obligation
to carefully consider and balance the social, economic and cultural
development of our community with the protection and enhancement of
our environment and natural, human and community resources. Towards
this goal of enhancement of the quality of life and preservation of
our environment for ourselves and our posterity, the Town of Colonie
recognizes the interrelationship of the many environmental laws enacted
at the federal, state and local levels of government and designed
to protect the quality of our waters, air, soils, ecological systems
and available community resources. It is the intent of this chapter
to provide for such environmental procedures as may be deemed appropriate
for the enhancement and protection of our environment, consistent
with such applicable federal, state and local laws.
Pursuant to enabling legislation contained in
Article 8 of the New York State Environmental Conservation Law and
accompanying regulations found in 6 NYCRR 617.14, towns are authorized
to adopt local lists of State Environmental Quality Review (SEQRA)
Type I and Type II actions for purposes of local SEQRA implementation.
Consistent with such statutory and regulatory authority, the Town
of Colonie hereby finds that, in addition to those Type II actions
identified in 6 NYCRR 617.5, which have already been determined not
to have a significant impact on the environment or otherwise are precluded
from environmental review under SEQRA, it is appropriate to include
further actions to the list of Type II actions which would not, in
any case, have a significant adverse impact on the environment based
upon the criteria established for such purposes under 6 NYCRR 617.
In addition to those Type II actions identified
in the SEQRA regulations contained at 6 NYCRR 617.5, as may be amended
from time to time, the following actions shall also be included, without
limitation, as Type II actions:
A. Subdivision of a parcel of land into three (3) or
fewer lots, provided that no proposed physical alteration of the parcel
occurs within any significant environmental area as defined in Chapter
195 of this Code.
B. Amendment of an existing filed subdivision plan, provided
that no additional residential building lots are created.