[HISTORY: Adopted by the Town Board of the Town of Newfane 3-23-1977 by L.L. No.
1-1977 (Ch. 13 of the 1971 Code). Amendments noted
where applicable.]
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter 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.
B.
The terms "county," "city," "town" and "village" shall mean the Town
Board of the Town of Newfane.
No decision to carry out or approve an action other than an action listed in § 110-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations[1] as a Type II action shall be made by the Town Board or
by any department, board, commission, officer or employee of the Town
until there has been full compliance with all requirements of this
chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations;
provided, however, that nothing herein shall be construed as prohibiting:
A.
The conducting of 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
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 this chapter and Part 617 of Title 6 of
the New York Codes, Rules and Regulations have been fulfilled.
[1]
Editor's Note: See now 6 NYCRR 617.5.
A.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, all actions listed in Section
617.12 of Title 6 of the New York Codes, Rules and Regulations as
Type I actions are deemed likely to have significant effect on the
environment.[1]
[1]
Editor's Note: See now 6 NYCRR 617.4.
B.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, all actions listed in Section
617.12 of Title 6 of the New York Codes, Rules and Regulations as
Type II actions are deemed not to have a significant effect on the
environment.[2]
[2]
Editor's Note: See now 6 NYCRR 617.5.
C.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the lists in this section
are not all inclusive. The Town Board or the appropriate designated
department, board, commission, officer or employee of the Town having
jurisdiction shall determine the significance with respect to actions
not listed in this section pursuant to the criteria set forth in Sections
617.9 and 617.10 of Title 6 of the New York Codes, Rules and Regulations
and the criteria therein.[3]
[3]
Editor's Note: See now 6 NYCRR 617.11 and 617.12.
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 Town Board setting forth the name of the applicant; the location
of the real 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 Town Board 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 Town Board.
Upon receipt of a complete application and a statement, the
Town Board shall cause a notice thereof to be posted on the signboard,
if any, of the Town, maintained by the Town, and may also cause such
notice to be published in the official newspaper of the Town, if any,
or in a newspaper having general circulation within the Town, describing
the nature of the proposed action and stating that written views thereon
of any person shall be received by the Town Board no later than a
date specified in such notice.
A.
The Town Board 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 Town Board. The determination shall state
whether such proposed action may or will not have a significant effect
on the environment. The Town Board 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.
B.
The time limitations provided in this chapter shall be coordinated
with, to the extent practicable, other time limitations provided by
statute or local law, ordinance or regulation of the Town.
Every application for determination under this chapter shall
be accompanied by a reasonable fee set forth in this section to defray
the expenses incurred in rendering such determination. The fee to
be charged shall be 1/2 of 1% of the action's total cost to the
applicant in order to recover the cost of preparing and reviewing
the environmental impact statements.
If the Town Board determines that the proposed action is not an exempt action, not an action listed in § 110-3B hereof or Section 617.12 of Title 6 the New York Codes, Rules and Regulations[1] as a Type II action and that it will not have a significant
effect on the environment, the Town Board shall prepare, file and
circulate such determination as provided in Section 617.7(b) of Title
6 of the New York Codes, Rules and Regulations,[2] and thereafter the proposed action may be processed without
further regard to this chapter. If the Town Board determines that
the proposed action may have a significant effect on the environment,
the Town Board shall prepare, file and circulate such determination
as provided in Section 617.7(b) of Title 6 of the New York Codes,
Rules and Regulations, and thereafter the proposed action shall be
reviewed and processed in accordance with the provisions of this chapter
and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
A.
Following a determination that a proposed action may have a significant
effect on the environment, the Town Board shall, in accordance with
the provisions of Part 617 of Title 6 of the New York Codes, Rules
and Regulations:
(1)
In the case of an action involving an applicant, 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 decides not to submit an environmental impact report,
the Town Board shall prepare or cause to be prepared the draft environmental
impact statement or, in its discretion, notify the applicant that
the processing of the application will cease and that no approval
will be issued. The Town Board may require an applicant to submit
a fee to defray the expense to it of preparing a draft environmental
impact statement or reviewing the same if it is prepared by the applicant.
The fee to be charged shall be 1/2 of 1% of the action's total
cost to the applicant in order to recover costs of preparing and reviewing
the environmental impact statements.
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 the New York
Codes, Rules and Regulations shall be followed.[1]
[1]
Editor's Note: See now 6 NYCRR 617.14 and 617.9, respectively.
Actions undertaken or approved prior to the dates specified
in Article 8 of the Environmental Conservation Law for local agencies
shall be exempt from this chapter and the provisions of Article 8
of the Environmental Conservation Law and Part 617 of Title 6 of the
New York Codes, Rules and Regulations; provided, however, that if,
after such dates, the Town Board modifies an action undertaken or
approved prior to that date and the Town Board 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 the New York Codes, Rules and Regulations.
Upon completion of a draft environmental impact statement prepared
by or at the request of the Town, the Town shall follow the procedures
in accordance with the provisions of Part 617 of Title 6 of the New
York Codes, Rules and Regulations prior to proceeding with any action
subject to this chapter or prior to the issuance of a permit or other
approvals to any applicants pursuant to the rules, regulations, ordinances
and local laws of the Town of Newfane.
The Town Board may delegate the authority and jurisdiction of
implementing this chapter to any appropriate department, board, commission,
officer or employee as may be determined by resolution of the Town
Board.
