Town of Southold, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southold 5-9-1978 by L.L. No. 3-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands — See Ch. 275.

§ 130-1 Title.

This chapter shall be known and may be cited as the "Environmental Quality Review Law of the Town of Southold."

§ 130-2 Definitions.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
RULES
Refers to Part 617 of Title 6 of the New York Codes, Rules and Regulations adopted by the Commissioner of Environmental Conservation.
TOWN
The Town of Southold.
TOWN AGENCY
Any department, board, commission, officer or employee of the Town of Southold.
B. 
Except as otherwise provided in this section, or unless the context otherwise requires, the words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations (NYCRR).

§ 130-3 Compliance required; exceptions.

[Amended 4-2-1996 by L.L. No. 1-1996]
No decision to carry out or approve an action, other than as a Type II action, shall be made by a Town agency until there has been full compliance with all requirements of this chapter and the Rules.

§ 130-4 Types of actions.

[Amended 4-2-1996 by L.L. No. 1-1996]
A. 
Consistent with the Rules and the criteria therein, the actions listed in Section 617.4 of the Rules as Type I actions are likely to have a significant effect on the environment.
B. 
Consistent with the Rules and the criteria therein, the actions listed in Section 617.5 of the Rules as Type II actions are deemed not to have a significant effect on the environment.
C. 
Consistent with the Rules and the criteria herein, all actions not identified as a Type I or Type II action shall be an unlisted action.

§ 130-5 Filing of written statement by applicant.

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 agency having jurisdiction 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, the applicant may include a detailed statement of the reasons why, in the applicant's view, a proposed action may or will not have a significant effect on the environment. If the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement required herein shall be upon a form prescribed by the Town and shall contain such additional relevant information as may be required. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Town agency.

§ 130-6 Notice of receipt of complete application.

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

§ 130-7 Time limit for written determination by agency.

A. 
The Town agency 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 agency. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Town agency 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 herein shall be coordinated with, to the extent practicable, other time limitations provided by law, rule or regulation of the Town.

§ 130-8 Processing of proposed actions.

[Amended 4-2-1996 by L.L. No. 1-1996]
A. 
If the Town agency determines that the proposed action will not have a significant effect on the environment, the Town agency shall prepare, file and circulate such determination as required by the Rules, and thereafter the proposed action may be processed without further regard to this chapter.
B. 
If the Town agency determines that the proposed action may have a significant effect on the environment, it shall prepare, file and circulate such determination as required by the Rules, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and the Rules.

§ 130-9 Preparation of draft environmental impact statement.

Following a determination that a proposed action may have a significant effect on the environment, the Town agency shall, in accordance with the provisions of the Rules:
A. 
In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare a draft environmental impact statement.
B. 
In the case of an action not involving an applicant, prepare or cause to be prepared a draft environmental impact statement.
C. 
If the applicant decides not to submit a draft environmental impact statement, prepare or cause such statement to be prepared or, in its discretion, notify the applicant that, by reason of applicant's decision not to submit such statement, his application is deemed to be withdrawn and no further action will be taken thereon. The Town agency may require the applicant to submit a fee to defray the expense of the preparation and/or review of such statement.

§ 130-10 Notice of completion of draft environmental impact statement.

[Amended 4-2-1996 by L.L. No. 1-1996]
A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the Town agency, a notice of completion containing the specified information shall be prepared, filed and circulated as provided in Sections 617.9 and 617.12 of the Rules. In addition, such notice shall be published in the official Town newspaper and a copy thereof posted on the Town Clerk's signboard. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as required by the Rules.
B. 
In the event that the Town agency determines that a public hearing shall be held 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 Town newspaper at least 14 days prior to such public hearing. The hearing shall commence no less than 15 calendar days nor more than 60 calendar days of the filing of the draft environmental impact statement, unless the Town agency 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.

§ 130-11 Processing of proposed actions not affecting environment.

[Amended 4-2-1996 by L.L. No. 1-1996]
If, on the basis of a draft environmental impact statement or a public hearing thereon, the Town agency determines that an action will not have a significant effect on the environment, no final environmental impact statement need be prepared and a negative declaration may be prepared, filed and published.

§ 130-12 Preparation of final environmental impact statement.

The Town agency shall prepare or cause to be prepared or 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. Notwithstanding the foregoing, the Town agency may extend such time when necessary to adequately complete the statement or where problems identified with the proposed action require material reconsideration or modification.

§ 130-13 Notice of completion of final environmental impact statement.

A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 130-10 hereof 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.

§ 130-14 Decision to approve or disapprove action; time limit.

[Amended 4-2-1996 by L.L. No. 1-1996]
No decision to carry out or approve an action which has been the subject of a final environmental impact statement by a Town agency or by any other agency shall be made until a reasonable time period after the filing and consideration of the final environmental impact statement. Where the Town agency has been 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.

§ 130-15 Required findings in written determination.

[Amended 4-2-1996 by L.L. No. 1-1996]
When the Town agency 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. 
Consider the relevant environmental impacts, facts and conclusions disclosed in the final EIS.
B. 
Weigh and balance relevant environmental impacts with social, economic and other considerations.
C. 
Provide a rationale for the agency's decision.
D. 
Certify that the requirements of this Part have been met.
E. 
Certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable.

§ 130-16 Filing of copy of determination.

For public information purposes, a copy of the determination shall be filed and made available as provided by the Rules.

§ 130-17 Maintenance of files open to public inspection.

The Town shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by a Town agency.

§ 130-18 Actions involving more than one agency.

[Amended 4-2-1996 by L.L. No. 1-1996]
Where more than one agency or department is involved in an action, the procedures of Section 617.6 of the Rules shall be followed.[1]
[1]
Editor's Note: Former § 44-19, Exempt actions; modifications, which previously followed this section, was repealed 4-2-1996 by L.L. No. 1-1996.

§ 130-19 Fee.

[Amended 8-23-1988 by L.L. No. 21-1988; 4-2-1996 by L.L. No. 1-1996]
Where an action subject to this chapter involves an applicant, a fee shall be paid to the Town in accordance with 6 NYCRR 617.13.

§ 130-20 When effective.

This chapter shall take effect immediately.