[HISTORY: Adopted by the Town Board of the Town of Rotterdam 6-6-1979 by L.L. No. 4-1979. Amendments noted where applicable.]
The purpose of this chapter is to implement for the Town of Rotterdam, New York, the SEQRA and 6 NYCRR 617.
The terms and words used in this chapter shall have the same meanings as such terms and words are defined in Article 8 of the Environmental Conservation Law and 6 NYCRR 617, unless the context requires a different meaning.
The following terms shall have the meanings indicated:
- Environmental assessment form.
- Environmental impact statement.
- RULES AND REGULATIONS
- Those set forth in 6 NYCRR 617.
- The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law and 6 NYCRR 617.
- The Town of Rotterdam, New York.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the Town unless it has complied with SEQRA, 6 NYCRR 617, to the extent applicable and this chapter.
An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Town in connection with any Type I action which such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
An application for permit or funding of a Type I action shall be accompanied by an EAF and for an unlisted action may be accompanied by a short- or long-form EAF as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF, the Town Board or the lead agency having authority to adopt its own regulations may adopt a different procedure for reviewing environmental significance of unlisted actions. The lead agency shall make a preliminary determination of environmental significance of the action on the basis of the EAF, draft EIS or with respect to unlisted actions in accordance with its own procedures, as the case may be, and such other information as it requires. Such determination shall be made within 15 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions, a determination of nonsignificance shall be noticed and filed as provided in Section 617.12; for unlisted actions, a determination of nonsignificance shall be sent to the applicant and maintained in accordance with Section 617.12. After a determination of nonsignificance, the action, including one involving a permit or funding, shall be processed without further regard to the SEQRA, 6 NYCRR 617 or this chapter.
The time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental nonsignificance is rendered or, if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed as provided in Sections 617.9, 617.11 and 617.12. Commencing with acceptance of the draft EIS, the time limitation for processing the EIS shall run concurrently with the time limitations applicable to processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Sections 617.6, 617.7 and 617.8, except that in the following Type I and unlisted actions the lead agency shall be as provided herein:
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Town Board.
Construction or expansion of Town buildings, Town structures or Town facilities within the Town not requiring a federal or state agency permit or approval: the Town Board.
Purchase, sale and lease of real property by the Town not requiring a federal or state agency permit or approval: the Town Board.
Variances not requiring a federal or state agency permit or approval: the Zoning Board of Appeals.
Planned unit development not requiring a federal or state agency permit or approval: the Planning Commission.
Site plan review and/or special exception permit, neither of which requires a federal or state agency permit or approval: the Planning Commission.
Construction or expansion of a nonresidential facility not requiring a federal or state agency permit or approval: the Planning Commission.
Parking lot not requiring a federal or state agency permit or approval: the Planning Commission.
The Planning Commission shall act as the Town clearinghouse for lead agency determination. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be processed in accordance with Section 617.15.
Critical environmental areas may be designated by resolution of the Town Board in accordance with Section 617.14(g).
The following are deemed Type I actions in addition to those set forth in Section 617.4; any ordinance or local law contained in the Code of the Town of Rotterdam which, when subjected to review in accordance with Section 617.7, Criteria, results in a positive finding that the action involved is Type I.
The following are deemed Type II actions in addition to those set forth in Section 617.5: any ordinance or local law contained in the Code of the Town of Rotterdam which, when subjected to review in accordance with Section 617.7, results in a negative finding and that the action involved is Type II.