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.
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.
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.
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.
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.
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).
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.