[Adopted 3-14-1977 by L.L. No. 3-1977]
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this article shall have the same meaning
as those defined in Environmental Conservation Law § 8-0105
and Part 617 of Title 6 NYCRR.
B.
COUNTY
PRB
As used in this article, the following terms shall have the meanings
indicated:
The County of Albany.
The Project Review Board, to consist of the directors of
the Department of Economic Development, Conservation and Planning,
Division of Environmental Health Services, Environmental Management
Council, Soil and Water Conservation District, Department of Public
Works, and budget.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No decision to carry out or approve an action other than an
action listed in § 617.4 of 6 NYCRR as a Type II action
shall be made by the County Legislature or by any department, board,
commission, officer or employee of the County until there has been
full compliance with all requirements of this article and Part 617
of Title 6 NYCRR; 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
does not commit the County 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 article and Part 617 of Title 6 NYCRR
have been fulfilled.
For the purpose of assisting 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 appropriate department, board, commission, officer or employee
having jurisdiction, upon a form prescribed by the PRB and which shall
include 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.
Such statement shall be accompanied by drawings, sketches and maps,
if any, together with any other relevant explanatory material required
by the PRB or the appropriate department, board, commission, officer
or employee having jurisdiction.
A.
The appropriate department, board, commission, officer or employee
having jurisdiction shall render a written determination on such application
within 20 calendar 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 appropriate department,
board, commission, officer or employee having jurisdiction. The determination
shall state whether such proposed action may or will not have a significant
effect on the environment. The appropriate department, board, commission,
officer or employee having jurisdiction may hold informal meetings
with the applicant and may meet with and consult the PRB and any other
person for the purpose of aiding it in making a determination on the
application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The time limitations provided in this article shall be coordinated
with, to the extent practicable, other time limitations provided by
statute or local law, ordinance or regulation of the County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every application for determination under this article shall
be accompanied by a fee in an amount set from time to time by the
Albany County Legislature, payable to the appropriate department,
board, commission, officer or employee having jurisdiction, to defray
the expenses incurred in rendering such determination.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the appropriate department, board, commission, officer or
employee having jurisdiction determines that the proposed action is
not an exempt action, nor an action listed in § 617.4 of
Title 6 NYCRR as a Type II action and that it will not have a significant
effect on the environment, it shall prepare, file and circulate such
determination as provided in § 617.8(b) of Title 6 NYCRR;
and thereafter the proposed action may be processed without further
regard to this article. If the appropriate department, board, commission,
officer or employee having jurisdiction determines that the proposed
action may have a significant effect on the environment, it shall
prepare, file and circulate such determination as provided in § 617.8(b)
of Title 6 NYCRR; and thereafter the proposed action shall be reviewed
and processed in accordance with the provisions of this article and
Part 617 of Title 6 NYCRR.
Following a determination that a proposed action may have a
significant effect on the environment, the appropriate department,
board, commission, officer or employee having jurisdiction shall,
in accordance with the provisions of Part 617 of Title 6 NYCRR:
A.
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 statement; or
B.
In the case of an action involving an applicant, shall prepare a
draft environmental impact statement. If the applicant decides not
to submit an environmental impact report, the appropriate department,
board, commission, officer or employee having jurisdiction 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 appropriate
department, board, commission, officer or employee having jurisdiction
may require an applicant to submit a fee to defray the expense to
it of preparing a draft environmental impact statement or reviewing
same if it is prepared by the applicant. Such fees shall not exceed
1/2 of 1% of the action's total cost to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon completion of a draft environmental impact statement and
the filing of such notices thereof as may be required, the appropriate
department, board, commission, officer or employee having jurisdiction
will notify the PRB. The PRB will circulate the draft environmental
impact statement and may, in accord with § 617.8 of Title
6 NYCRR, conduct a hearing thereon. The PRB will forward all comments,
criticisms and evaluations of the draft environmental impact statement
to the appropriate department, board, commission, officer or employee
having jurisdiction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where more than one agency is involved in an action, the procedures
of §§ 617.9 and 617.14 of Part 617 of Title 6 NYCRR
shall be followed.
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 article and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 NYCRR; provided, however, that if, after such dates, a governing body or appropriate department, board, commission, officer or employee having jurisdiction modifies an action undertaken or approved prior to that date and the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this article and Part 617 of Title 6 NYCRR.
The PRB may adopt such rules of procedure and regulations as
may be necessary to administer this article.
