Town of Union, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Union 2-19-1997 by L.L. No. 3-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Management Advisory Council — See Ch. 12, Art. I.
Aquifer recharge and watershed protection zones — See Ch. 74.
Flood damage prevention — See Ch. 121.
Freshwater wetlands — See Ch. 125.
Erosion and Sediment Control — See Ch. 171.
Subdivision of land — See Ch. 181.
Zoning — See Ch. 205.

§ 109-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACTIONS
Include:
A. 
Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that:
(1) 
Are directly undertaken by any agency;
(2) 
Involve funding by an agency; or
(3) 
Require one or more new or modified approvals from an agency or agencies.
B. 
Agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions.
C. 
Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment.
D. 
Any combination of the above.
CONDITIONED NEGATIVE DECLARATION
A negative declaration issued by a lead agency for an unlisted action, involving an applicant, in which the action as initially proposed may result in one or more significant adverse environmental impacts; however, mitigation measures identified and required by the lead agency, pursuant to the procedures in 6 NYCRR 617.7(d), will modify the proposed action so that no significant adverse environmental impacts will result.
ENVIRONMENT
Physical conditions that will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, resources of agricultural, archaeological, historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character and human health.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A written draft or final document prepared in accordance with 6 NYCRR 617.9 and 617.10. An EIS provides a means for agencies, project sponsors and the public to systemically consider significant adverse environmental impacts, alternatives and mitigations. An EIS facilitates the weighing of social, economic and environmental factors early in the planning and decisionmaking process. A draft EIS is the initial statement prepared by either the project sponsor or the lead agency and circulated for review and comment. An EIS may also be a generic, in accordance with 6 NYCRR 617.10 (a) through (d), a supplemental, in accordance with 6 NYCRR 617.9(a)(7), or a federal document in accordance with 6 NYCRR 617.15.
FINDINGS STATEMENT
A written statement prepared by each involved agency, in accordance with 6 NYCRR 617.11, after a final EIS has been filed, that considers the relevant environmental impacts presented in an EIS, weighs and balances them with social, economic and other essential considerations, provides a rationale for the agency's decision and certifies that the SEQR requirements have been met.
NEGATIVE DECLARATION
A written determination by the lead agency that the implementation of the action as proposed will not result in any significant adverse environmental impacts. A negative declaration may also be a conditioned negative declaration as defined in 6 NYCRR 617.2(h). Negative declarations must be prepared, filed and published in accordance with 6 NYCRR 617.7 and 617.12.
POSITIVE DECLARATION
A written statement prepared by the lead agency indicating that implementation of the action as proposed may have a significant adverse impact on the environment and that an environmental impact statement will be required. Positive declarations must be prepared, filed and published in accordance with 6 NYCRR 617.7 and 617.12.
TOWN
The Town of Union, Broome County, New York.
TYPE I ACTION
An action or class of actions that are to be directly undertaken, funded or approved by the Town as identified in 6 NYCRR 617.4 or in any involved agency's procedures adopted pursuant to 6 NYCRR 617.14.
TYPE II ACTION
An action or class of actions identified in 6 NYCRR 617.5.
UNLISTED ACTION
All actions not identified as a Type I or Type II action in 6 NYCRR 617 or, in the case of particular agency action, not identified as a Type I or Type II action in the Town's own SEQR procedures.

§ 109-2 Compliance with certain requirements; exceptions.

No decision to carry out or approve an action shall be made by the Town Board or by any department, board, commission, officer or employee of the Town of Union until a negative declaration or conditional negative environmental determination findings resulting from an EIS have been filed or a finding of no significant impact is filed. The only exceptions to this would be provided under 6 NYCRR 617.5(c)(18), (21) and (28) or when the action has been determined by the Planning Department to be a Type II action.

§ 109-3 Type I actions.

Applicants proposing actions classified by the Planning Department as Type I actions shall prepare Part I of the full environmental assessment form (EAF) submitted with other required application materials. The applicant must also include a list of all involved agencies. The Planning Department may require additional information needed to determine the type of action and its significance. An environmental determination shall be made within 20 calendar days of receipt of all application materials.

§ 109-4 Unlisted actions.

Applicants proposing actions classified as unlisted actions by the Planning Department shall have a short environmental assessment form (EAF) submitted with other application materials. A full EAF may be required in cases where the short form will not provide sufficient information necessary to determine significance. The Planning Department may require other information necessary to determine significance. An environmental determination on the action shall be made within 20 calendar days of receipt of all required information. An unlisted action with a conditioned negative declaration requires a full EAF and filing with the environmental notice bulletin. A conditional negative declaration must be rescinded and issued a positive declaration requiring the preparation of a draft EIS if it receives substantive comments that identify potentially significant adverse environmental impacts that were not previously identified and assessed or were inadequately assessed in the review or that identify a substantial deficiency in the proposed mitigation measures.

§ 109-5 Type II actions.

Actions classified as Type II shall not be subject to the review process set forth in this chapter. No environmental assessment form is required prior to the approval of the action.

§ 109-6 Establishing lead agency.

To establish a lead agency:
A. 
Procedures under 6 NYCRR 617.6(b)(1) shall be followed if a single agency is involved.
B. 
Procedures under 6 NYCRR 617.6(b)(2) shall be followed if more than one agency is involved.
C. 
Procedures under 6 NYCRR 617.6(b)(3) shall be followed for a coordinated review.
D. 
For an unlisted action, an uncoordinated review (involving more than one agency) must be followed under 6 NYCRR 617.6(b)(4).

§ 109-7 Determination of action.

A. 
Determinations of actions shall be made by the Town Board or a department, board, commission, officer or employee of the Town of Union in accordance with the criteria outlined in 6 NYCRR 617.7. A positive, negative or conditional negative declaration must be reached for all actions.
B. 
At any time prior to its decision to undertake, fund or approve an action, the Town must rescind a negative declaration if it determines that a significant environmental effect may result from a project modification or that there exists a change of circumstances which was not previously addressed. Prior to any rescission, the Town Planning Department must inform other involved agencies and must provide a reasonable opportunity for the applicant to respond.
C. 
After reasonable notice to the applicant, the Town must prepare, file and publish a positive declaration in accordance with 6 NYCRR 617.12.
D. 
Negative declarations for unlisted actions shall be kept on file in the Planning Department. All positive and negative declarations for Type I actions and positive and conditioned negative declarations for unlisted actions shall be maintained in a file which is readily accessible to the public and filed according to 6 NYCRR 612.12(a) and (b). Conditioned negative declarations shall also comply with 6 NYCRR 617.7(d).
E. 
An application for Town approval of a Type I or unlisted action shall not be complete until:
(1) 
A negative declaration has been filed.
(2) 
A draft environmental impact statement has been accepted by the Town and is satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the environmental review process shall run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for the preparation, review and public hearings with respect to the draft EIS.

§ 109-8 Environmental impact statement procedures.

A. 
If a positive declaration is issued by the Town on a submitted full environmental assessment form, a draft EIS shall be completed. Only one draft and one final EIS need be prepared on the action, provided that the statement addresses each part of the action at a level of detail sufficient for an adequate analysis. A supplement to a draft or final EIS will only be required in the circumstances prescribed in 6 NYCRR 617.9(a)(7). The applicant may complete the draft EIS or request the Town to prepare it. A fee may be charged by the lead agency for preparation or review of an EIS pursuant to 6 NYCRR 617.13. The content of a draft or final EIS shall follow the framework outlined in 6 NYCRR 617.9(b). The content of a generic EIS is prescribed in 6 NYCRR 617.10.
B. 
All steps or segments of the project shall be considered part of the overall action. These steps may include but shall not be limited to planning, design, contracting, demolition, construction and operation. If the Town determines that a segmented review is in order, investigating a specific portion of environmental impact, it shall be clearly stated in the determination of significance with supporting reasons that such review is clearly no less protective of the environment.
C. 
When the applicant prepares the draft environmental impact statement:
(1) 
It shall be submitted to the Town, which shall determine within 45 calendar days whether to accept or reject it. The Town shall use the final written scope and use the standards outlined under 6 NYCRR 617.9(b) to determine the adequacy of the draft EIS.
(2) 
If the draft EIS is inadequate, the Town must notify the applicant in writing of the deficiencies.
(3) 
The Town shall determine whether to accept the resubmitted draft EIS within 30 days of receipt.
D. 
When the Town has completed a draft EIS or when the draft EIS the applicant has submitted has been accepted as adequate, the Town shall prepare, file and publish a notice of completion of the draft EIS and file copies of the draft EIS in accordance with the requirements set forth in 6 NYCRR 617.12. A minimum public comment period on the draft EIS is 30 days. The comment period begins with the first filing and circulation of the notice of completion.
E. 
The Town may decide to hold a public hearing on the draft EIS if there is a high degree of public interest, if significant environmental issues have been raised, if the mitigation measures or the consideration of alternatives is questionable or if the Town feels that public comment would aid in the decisionmaking process. If a hearing is to be held, the Town shall file a notice in accordance with 6 NYCRR 617.12(a) and (b). The notice must be published at least 14 calendar days in advance of the public hearing in the official newspaper of the Town.
F. 
The hearing shall commence no less than 15 calendar days or no more than 60 calendar days after the filing of the notice of completion of the draft EIS by the Town. The hearing may be conducted in conjunction with other public hearings.
G. 
Comments will be received and considered by the Town for not less than 30 days from the filing of the notice of completion of the draft EIS or no more than 10 days following the public hearing, whichever is later.
H. 
No final EIS (FEIS) is required if the proposed action has been withdrawn or the Town has determined that the action will not have a significant effect on the environment. A negative declaration shall be prepared and filed for the finding of no significant impact. A FEIS shall be filed within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS, whichever occurs last.
I. 
The last date for filing the FEIS may be extended where it is determined that additional time is required to prepare the statement adequately or where reconsideration or modification of the proposed action is required. Notice of completion of the FEIS shall be filed in accordance with 6 NYCRR 617.12. Prior to the issuance of a finding, the Town may require a supplementary EIS, targeting specific issues not addressed or not adequately addressed in the FEIS. The supplemental EIS shall be filed in accordance with 6 NYCRR 617.12. The supplemental EIS may be required under the following circumstances:
(1) 
Changes are proposed which may result in a significant adverse environmental effect.
(2) 
Newly discovered information arises about significant adverse effects which was not previously addressed.
(3) 
A change in circumstances arises which may result in a significant environmental effect.

§ 109-9 Scoping.

If scoping is required by the Town, the applicant must submit a draft scope that contains the items identified in 6 NYCRR 617.8(f)(1) through (5). The Town must provide a final written scope to the project sponsor within 60 days of its receipt of a draft scope. Public participation is required either by providing a period of time for review and written comments or by providing for public input through meetings or exchanges of written material. If the Town fails to provide a final written scope, the applicant can prepare and submit a draft EIS consistent with the draft scope. The Town shall follow all procedures as outlined under 6 NYCRR 617.8.