[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-15-1979
by L.L. No. 2-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 36.
Building construction — See Ch. 96.
Energy Conservation Construction Code — See Ch. 132.
Fees — See Ch. 143.
Freshwater wetlands — See Ch. 165.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
A.
Unless the context shall otherwise require, the terms,
phrases, words and derivatives used in this chapter shall have the same meanings
as those defined in Article 8 of the New York Environmental Conservation Law
and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B.
EAF
EIS
SEQR
TOWN
The following terms shall have the meanings indicated:
Environmental assessment form.
Environmental impact statement.
The State Environmental Quality Review Act as set forth in Article
8 of the Environmental Conservation Law and Part 617 of Title 6 of the New
York Codes, Rules and Regulations.
The Town of Woodbury.
No decision to carry out, fund or approve an action other than an excluded action, exempt action or Type II action as listed in § 135-3 hereof shall be made by any of the town boards or by any department, 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 and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
that those activities do not commit the agency to commence, engage in or approve
such action.
B.
The engaging in review of any part of an application
to determine compliance with technical requirements, provided that no such
determination shall entitle or permit the applicant to commence the action
unless and until all requirements of this chapter have been fulfilled.
A.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, those actions listed in Section
617.12 of Title 6 of the New York Codes, Rules and Regulations[1] as Type I actions are likely to have a significant effect on the
environment.
[1]
Editor's Note: See now Section 617.4.
B.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, those actions listed in Section
617.13 of Title 6 of the New York Codes, Rules and Regulations[2] as Type II actions are deemed not to have significant effect on
the environment, including the issuance of a building permit and certificate
of occupancy by the Woodbury Building Department.
[2]
Editor's Note: See now Section 617.5.
C.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, all excluded actions which
were undertaken, funded or approved prior to the effective dates set forth
in SEQR are deemed not to be required to comply with this chapter.
D.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, all exempt actions as defined
by Section 617.2(n) are deemed not to have a significant effect on the environment,
including the issuance of a building permit and certificate of occupancy by
the Woodbury Building Department.
E.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, unlisted actions shall mean
all actions not excluded or exempt and not listed as a Type I or Type II action
in this chapter.
As early as possible in an agency's formulation of an action it
proposes to undertake, or as soon as an agency receives an application for
a funding or approval action, it shall do the following:
A.
Determine whether the action is subject to SEQR. If the
action is an exempt, an excluded or a Type II action, the agency shall have
no further responsibilities under this chapter.
A.
The provisions of this section shall govern the designation
of lead agency and determination of significance for all Type I actions.
B.
An EAF shall be completed for every Type I action which
is directly undertaken, funded or approved by an agency unless an acceptable
draft EIS has already been or will be prepared on the action. No EAF shall
be considered complete unless it contains a list prepared by the applicant
of all other involved agencies which the applicant has been able to ascertain,
exercising all due diligence.
C.
Actions involving one agency. When an agency proposes to directly undertake an action which does not require funding or approval from any other agency or receives an application to fund or approve an action over which no other agencies have approval authority, it shall be the lead agency and shall determine the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations[1] within the following time periods:
(1)
If the agency is directly undertaking the action, it
shall determine the significance of the action as early as possible in the
design or formulation of the action.
(2)
If the agency has received an application for funding
or approval of the action, it shall determine the significance of the action
within 15 days of its receipt of the application, an EAF and any additional
information it deems necessary to make that determination.
[1]
Editor's Note: See now Sections 617.4 and 617.5, respectively.
D.
Actions involving more than one agency.
(1)
When an agency proposes to directly undertake an action
which requires funding or approval from one or more other agencies or receives
an application for funding or approval which other agencies have approval
authority over, it shall, as soon as possible, mail the completed EAF and
a copy of any application it has received to all involved agencies notifying
them that within 30 days of the date the EAF was mailed to them a lead agency
must be designated by agreement among them.
(2)
The lead agency shall determine the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations[2] within 15 days of its designation as lead agency or within 15
days of its receipt of any information it may need to make the determination
of significance, whichever occurs later, and shall immediately notify all
other involved agencies of its determination.
[2]
Editor's Note: See now Sections 617.4 and 617.5, respectively.
E.
Actions for which lead agency cannot be designated by
agreement.
(1)
If within the thirty-day period allotted for designation
of lead agency the involved agencies are unable to agree upon which agency
shall be the lead agency, any involved agency or the applicant may write to
the Commissioner requesting that a lead agency be designated.[3] Simultaneously, copies of the request shall be mailed to all involved
agencies and the applicant.
[3]
Editor's Note: "Commissioner" refers to the State Commissioner
of Environmental Conservation.
(2)
Within five business days of the date a copy of the request
is mailed to them, involved agencies and the applicant may submit to the Commissioner
any comments they may have on the issue.
(4)
Notification of the Commissioner's designation of
lead agency shall be mailed to all involved agencies and the applicant.
(5)
A lead agency designated by the Commissioner shall determine the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations[5] within 15 days of its designation as lead agency or within 15
days of its receipt of whatever information it deems necessary to make the
determination of significance, whichever occurs later, and shall immediately
notify all other involved agencies of its determination.
[5]
Editor's Note: See now Sections 617.4 and 617.5, respectively.
A.
The provisions of this section shall govern the designation
of lead agency and determination of significance for all unlisted actions.
When an agency is reviewing an unlisted action, coordinated review is required
only when the agency determines that an EIS will be prepared. Unless and until
written notification of lead agency status and determination of significance
have been given to all other involved agencies, each subsequent involved agency
shall make its own determination of significance and may require an EIS. For
unlisted actions, lead agency status is not confirmed and an individual agency's
determination of nonsignificance can be superseded at any time until one of
the following occurs:
B.
An EAF is not required in connection with every unlisted
action. However, an agency may use a short-form EAF to determine whether it
has sufficient information on which to base its determination of the environmental
significance of an action. If after considering the completed short-form EAF
it has insufficient information, it shall use a standard form EAF to elicit
the information it needs to determine the environmental significance of the
action.
C.
As early as possible in the formulation of plans for an unlisted action to be directly undertaken, or within 15 days of receipt of an application for funding or approval of an unlisted action, an agency shall make an initial determination of the significance of the action in accordance with § 135-10 of this chapter and Sections 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations.[1]
[1]
Editor's Note: See now Sections 617.4 and 617.5, respectively.
D.
If an agency or applicant chooses to coordinate the review
of involved agencies and promptly designate a lead agency and confirm initial
determinations of significance, it may ascertain, exercising all due diligence,
all other involved agencies and notify such agencies of the initial determination,
supplying them with a copy of any EAF and any applications which have been
prepared and reasons supporting the initial determination.
E.
If within 15 days from the date of mailing notification described in § 135-6D herein, no involved agency submits a written objection to the agency which made the initial determination of significance being lead agency, that agency shall be the lead agency and shall:
F.
If within 15 days from the date of notification described in § 135-6D herein any involved agency submits a written objection to the agency which made the initial determination of significance being the lead agency, it shall be the responsibility of all involved agencies to follow the procedures prescribed in § 135-5D and E of this chapter for designation of lead agency. The lead agency shall then determine significance of the action and proceed as described in § 135-7 of this chapter.
A.
When an agency is lead agency for an action involving an applicant and has determined that an EIS is required, it shall immediately notify the applicant and all other involved agencies in accordance with § 135-9C, in writing, that it is the lead agency and that an EIS is required. The applicant or the agency, at the applicant's option, shall prepare the draft EIS. If the applicant does not exercise the option to prepare the draft EIS, the lead agency shall prepare it, cause it to be prepared or terminate its review of the action.
B.
When the applicant prepares the draft EIS, the draft
EIS shall be submitted to the lead agency, which shall determine whether to
accept it as satisfactory with respect to its scope, content and adequacy
for purposes of this chapter.
C.
When the lead agency has completed a draft EIS or when it has accepted a draft EIS prepared by an applicant, the lead agency shall file a notice of completion of the draft EIS and a copy of the draft EIS in accordance with the requirements set forth in § 135-9 of this chapter. Agencies shall provide for a commenting period on the draft EIS to be not less than 30 days.
D.
When the lead agency has completed a draft EIS or when it has accepted a draft EIS prepared by an applicant, the lead agency shall determine whether or not to conduct a public hearing concerning the action. If a hearing is to be held, the lead agency shall file notice thereof in accordance with § 135-9 of this chapter, which notice may be contained in the notice of completion of the draft EIS. The notice of hearing shall also be published at least 14 days in advance of the public hearing in the official town newspaper. The hearing shall commence not less than 15 nor more than 60 days after the filing of the draft EIS pursuant to § 135-9.
E.
Except as provided in Subsection E(1) and (2) below, the lead agency shall prepare or cause to be prepared a final EIS within 45 days after the close of any hearing or within 60 days after the filing of the draft EIS, whichever last occurs.
(1)
If the proposed action has been withdrawn or if, on the basis of the draft EIS or hearing, the lead agency has determined that the action will not have a significant effect on the environment, no final EIS need be prepared. Notice of such determination shall be filed in accordance with § 135-9 of this chapter.
(2)
The last date for preparation of the final EIS may be
extended:
A.
Prior to the lead agency's decision on an action
which has been the subject of a final EIS, it shall afford agencies and the
public a reasonable time period (not less than 10 days) in which to consider
the final EIS.
B.
In the case of an action involving an applicant, the
lead agency's decision on whether or not to approve or fund an action
which has been the subject of a final EIS shall be made within 30 days after
the filing of the final EIS except for good cause.
C.
No agency, whether lead agency or not, shall make a final
decision to commence, engage in, fund or approve an action that has been the
subject of a final federal or a final SEQR EIS until it has:
(1)
Given consideration to the final EIS.
(2)
Made a written finding that:
(a)
The requirements of this chapter have been met.
(b)
Consistent with social, economic and other essential
considerations from among the reasonable alternatives thereto, the action
to be carried out or approved is one which minimizes or avoids adverse environmental
effects to the maximum extent practicable, including the effects disclosed
in the relevant environmental impact statement.
(c)
Consistent with social, economic and other essential
considerations, to the maximum extent practicable adverse environmental effects
revealed in the environmental impact statement process will be minimized or
avoided by incorporating as conditions to the decision those mitigating measures
which were identified as practicable.
(3)
Prepared a written statement of the facts and conclusions
relied upon in the EIS supporting its decision and indicating the social,
economic and other factors and standards which formed the basis of its decision.
D.
No agency shall make a decision not to approve an action
until it has prepared a written statement of the facts and conclusions relied
on in the EIS or comments provided thereon.
A.
All notices, EIS's and other SEQR documents shall
be prepared, filed, circulated and made available as prescribed in this section.
B.
Determination of nonsignificance. In the case of all
Type I actions, a notice of determination that an EIS will not be prepared,
based on a determination that the proposed action will not have a significant
effect on the environment (negative declaration), shall be prepared and filed
as indicated below by the lead agency. The notice shall state that it is a
negative declaration for the purposes of Article 8 of the Environmental Conservation
Law, shall state the name and address of the lead agency and the name and
telephone number of a person who can provide further information, shall briefly
and precisely describe the nature, extent and location of the action and shall
briefly state the reasons supporting the determination. Agencies shall maintain
files of the written analyses and findings leading to their determinations
on all actions subject to SEQR. The notice of determination for Type I actions
shall be filed simultaneously as follows:
(1)
With the Commissioner at 50 Wolf Road, Albany, New York
12233.
(2)
With the appropriate regional office of the Department.
(3)
In the office of the chief executive officer of the political
subdivision in which the action will be principally located.
(4)
In the main office and appropriate regional office, if
any, of the lead agency.
(5)
If the action involves an applicant, with the applicant.
(6)
If other agencies are involved in approval of the action,
with each other agency.
C.
Determination of significance. In the case of all Type I and unlisted actions, a notice of determination that a draft EIS will be prepared, based on a determination that the proposed action may have a significant effect on the environment (positive declaration), shall be prepared and filed as indicated below by the lead agency. The notice shall state that it is a positive declaration for purposes of Article 8 of the Environmental Conservation Law, shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information, shall briefly and precisely describe the nature, extent and location of the action, shall briefly describe the possible significant environmental effects that have been identified and shall briefly state the reasons supporting the determination. Agencies shall maintain files of the written analyses and findings leading to their determinations. The notice of determination shall be filed as prescribed in § 135-9B herein.
D.
Notices of completion of draft EIS.
(1)
Whenever a draft EIS has been prepared, a notice of its
completion shall be prepared and filed as indicated below by the lead agency.
The notice shall state that it is a notice of completion of a draft EIS, shall
state the name and address of the lead agency and the name and telephone number
of a person who can provide further information and shall also contain the
following:
(a)
A brief and precise description of the action covered
by the statement and the location and nature of its potential environmental
impacts and effects.
(b)
A statement indicating where and how copies of the statement
can be obtained from the lead agency.
(c)
A statement that comments on the statement are requested
and will be received and considered by the agency at a given address for a
stated period (not less than 30 days from the first filing and circulation
of the notice of completion or not less than 10 days following a public hearing
at which the environmental impacts of the proposed action are considered).
(2)
Notice of completion shall be filed as prescribed in § 135-9B herein, and shall be sent to the state clearinghouse and the relevant regional clearinghouse designed under Federal Office of Management and Budget Circular A-95. The Department shall publish all notices of completion of all draft EIS's in the Environmental Notice Bulletin.
E.
Draft EIS. The draft EIS, together with the notice of
its completion, shall be filed and made available for copying as follows:
(1)
One copy with the Commissioner, Department of Environmental
Conservation.
(2)
One copy with the appropriate regional office of the
Department of Environmental Conservation.
(3)
One copy with the Supervisor of the Town of Woodbury.
(4)
If other agencies are involved in the approval of the
action, with each such agency.
(5)
One copy with persons requesting it. Where sufficient
copies of a statement are not available, the lead agency may charge a fee
to persons requesting the statement to cover its cost in making the additional
statement available.
F.
Notices of hearing. A notice of hearing, if the lead agency determines that one is to be held, shall be prepared by the lead agency and shall specify the time, place and purpose of the hearing and shall contain a summary of the information contained in the notice of completion of the draft EIS. The notice of hearing shall be filed as prescribed in § 135-9B herein and shall be published at least 14 days in advance of the hearing date in the town's official newspaper.
G.
Notices of completion of final EIS. A notice of completion of a final EIS shall be prepared by the lead agency. It shall state that it is a notice of completion of final EIS, shall state the name and address of the lead agency and shall contain the items prescribed in § 135-9D(1)(a) and (b) herein. It shall be filed as prescribed in § 135-9B herein.
H.
Final EIS. The final EIS, together with the notice of
its completion, shall be filed in the same manner as a draft EIS.
I.
Each agency which prepares notices, statements and findings
required in this chapter shall retain copies thereof in a file which is readily
accessible for public inspection.
In order to determine whether a proposed Type I or unlisted action may
have a significant effect on the environment, the impacts which may be reasonably
expected to result from the proposed action must be compared against the criteria
of Section 617.11 of Title 6 of the New York Codes, Rules and Regulations,[1] whether or not an EAF has been prepared.
[1]
Editor's Note: See now Section 617.7.
The preparation and content of environmental impact statements shall
be prepared in conformity with Section 617.14 of Title 6 of the New York Codes,
Rules and Regulations.[1]
[1]
Editor's Note: See now Section 617.9.
A programmatic or generic environmental impact statement may be used
to assess the environmental effects of:
A.
A number of separate actions in a given geographic area
which, if considered singly, may have minor effects but, if considered together,
may have significant effects.
B.
A sequence of actions contemplated by a single agency
or individual.
C.
Separate actions having generic or common impacts.
D.
Programs or plans having wide application or restricting
the range of future alternative policies or projects.
A.
Actions involving a federal agency.
(1)
When a draft and final EIS for an action has been prepared under the National Environmental Policy Act of 1969, an agency shall have no obligation to prepare an additional EIS. However, except in the case of excluded or exempt actions, no agency may undertake or approve the action until the federal final EIS has been completed and the agency has made the findings prescribed in § 135-8 of this chapter.
(2)
Where a negative declaration or other written threshold
determination that the action will not require a federal impact statement
has been prepared under the National Environmental Policy Act of 1969, the
determination shall not constitute compliance with SEQR. In such cases, agencies
remain responsible for compliance with SEQR.
(3)
In the case of an action involving a federal agency for
which either a federal negative declaration or a federal draft and final EIS
have been prepared, except where otherwise required by law, a final decision
by a federal agency shall not be controlling on any state or local agency
decision on the action.
B.
No SEQR findings are required for actions which are excluded
or exempt from SEQR.
A.
When an action subject to this chapter involves an applicant,
the lead agency may charge a fee to the applicant in order to recover the
actual costs of preparing or reviewing the EIS; provided, however, that an
applicant may not be charged a separate fee for both the preparation and review
of an EIS, and provided further that any fee charged must reflect the actual
costs to the lead agency for such preparation or review. When an applicant
does not choose to prepare the EIS, the agency shall provide the applicant,
upon request, with an estimate of the cost of preparing such statement based
upon § 143-3C, Special consultants' fees.
[Amended 1-16-1992 by L.L. No. 1-1992]
B.
For residential projects, the total project cost shall
be the cost of the land plus the cost of all site improvements required, not
including the cost of buildings and structures. In the case of a residential
project, the fee charged by an agency shall be based upon § 143-3C,
Special consultants' fees.
[Amended 1-16-1992 by L.L. No. 1-1992]
C.
For nonresidential construction projects, the total project
cost shall be the cost of supplying utility service to the project, the cost
of site preparation and the cost of labor and material as determined with
reference to a current cost data publication in common usage, such as Building
Construction Cost Data, by Means. In the case of construction projects, the
fee charged shall be based upon § 143-3C, Special consultants'
fees.
[Amended 1-16-1992 by L.L. No. 1-1992]
When an applicant submits a completed EAF, draft or final EIS or otherwise
provides information concerning the environmental impacts of a proposed project,
the applicant may request that specifically identified information be held
confidential upon a showing by the applicant that such information constitutes
a trade secret. Prior to divulging any such information, the agency shall
notify the applicant of its determination of whether or not it will hold the
information confidential.
