Town of Albion, NY
Orleans County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Albion 3-30-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 62.
Subdivision of land-- See Ch. 89.
Zoning-- See Ch. 103.

§ 53-1 Definitions.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of NYCRR.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
TOWN
The Town of Albion.

§ 53-2 Compliance required; exceptions.

No decision to carry out or approve an action, other than an action listed in § 53-3B hereof or Section 617.12 of 6 NYCRR as a Type II action, shall be made by the Town Board or by any department, board, 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 NYCRR; provided, however, that nothing herein shall be construed as prohibiting:
A. 
The conducting of contemporaneous environmental, engineering, economic feasibility of other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not commit the Town to approve, commence or engage in such action.
B. 
The granting of any part of an application which relates only to technical specifications and requirements, provided that no such partial approval shall entitle or permit the applicant to commence the action until all requirements of this chapter and Part 617 of Title 6 of NYCRR have been fulfilled.

§ 53-3 Actions likely or not likely to have significant effect on environment.

A. 
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of NYCRR as Type I actions, are likely to have a significant effect on the environment: (Reserved)
B. 
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of NYCRR as Type II actions, are deemed not to have a significant effect on the environment: (Reserved)

§ 53-4 Written statement to be filed.

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

§ 53-5 Notice of receipt of application.

Upon receipt of a complete application and a statement, the Town Board shall cause notice thereof to be posted on the signboard, if any, of the Town maintained by the Town and may also cause such notice to be published in the official newspaper of the Town, if any, or in a newspaper having general circulation within the Town, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Town Board no later than a date specified in such notice.

§ 53-6 Written determination of application.

A. 
The Town Board shall render a written determination on such application within a reasonable time following receipt of a complete application and statement; provided, however, that the time may be extended by mutual agreement of the applicant and the Town Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Town Board 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.
[Amended 4-14-1989 by L.L. No. 1-1989]
B. 
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the Town.

§ 53-7 Application fee.

Every application for determination under this chapter shall be accompanied by a reasonable fee to defray the expenses incurred in rendering such determination. The fee shall be adopted from time to time by resolution of the Town Board.

§ 53-8 Initial determination of Town Board.

If the Town Board determines that the proposed action is not an exempt action, not an action listed in § 53-3B hereof or Section 617.12 of Title 6 of NYCRR as a Type II action and that it will not have a significant effect on the environment, the Town Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Town Board determines that the proposed action may have a significant effect on the environment, the Town Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of NYCRR.

§ 53-9 Preparation of draft environmental impact statement.

A. 
Following a determination that a proposed action may have a significant effect on the environment, the Town Board shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement; or
(2) 
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
B. 
If the applicant decides not to submit an environmental impact report, the Town Board shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing of the application will cease and that no approval will be issued. The Town Board may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or of reviewing same if it is prepared by the applicant. Such fee shall be as determined from time to time by resolution of the Town Board.

§ 53-10 Notice of completion; notice of hearing.

A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the Town, a notice of completion containing the information specified in Section 617.7(d) of Title 6 of NYCRR shall be prepared, filed and circulated as provided in Section 617.7(e) of Title 6 of NYCRR. In addition, it shall be published in the official newspaper, if any, of the Town, or if none, a newspaper having a general circulation within the Town, and a copy thereof shall also be posted on a signboard of the Town. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of NYCRR.
B. 
If the Town Board determines to hold a public hearing 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 newspaper of the Town, if any, or if none, in a newspaper having general circulation within the Town at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence no less than 15 calendar days and no more than 60 calendar days from the filing of the draft environmental impact statement, except as otherwise provided where the Town Board 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.

§ 53-11 Authority to proceed with proposed action.

If, on the basis of a draft environmental impact statement or a public hearing thereon, the Town Board determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter.

§ 53-12 Final environmental impact statement.

Except as otherwise provided herein, the Town Board shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of NYCRR; provided further that if the action involves an application, the Town Board may 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; provided, however, that the Town Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Where the action involves an application, such final environmental impact statement shall be accompanied by the fee specified in this section to defray the expenses of the Town in preparing and/or evaluating the same. The fee shall be as determined from time to time by resolution of the Town Board.

§ 53-13 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 § 53-10 herein 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.

§ 53-14 Decision regarding proposed action.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Town Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Town Board has been the 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.

§ 53-15 Written findings by Town Board.

When the Town Board 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. 
Consistent with social, economic and other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact statements; and
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

§ 53-16 Filing of copy of findings.

For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of NYCRR.

§ 53-17 Availability of files for 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 the Town Board.

§ 53-18 Where more than one agency involved.

Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR shall be followed.

§ 53-19 Exempt actions; exceptions.

Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of NYCRR; provided, however, that if, after such dates, the Town Board modifies an action undertaken or approved prior to that date and the Town Board determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR.