Town of Goshen, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Goshen 3-24-1977 by L.L. No. 4-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 49.
Subdivision of land — See Ch. 83.
Fees — See Ch. 85.
Zoning — See Ch. 97.

§ 58-1 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 chapter § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B. 
"Town" shall mean the Town of Goshen.

§ 58-2 Compliance required; exceptions.

No decision to carry out or approve an action, other than an action listed in § 58-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by the Town Board 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 or 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 the New York Codes, Rules and Regulations have been fulfilled.

§ 58-3 Actions affecting and not affecting environment.

A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, no actions are likely to have a significant effect on the environment other than as stated in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, no additional actions are deemed to have a significant effect on the environment other than as stated in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type II actions.

§ 58-4 Filing of statement regarding effect of proposed action.

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 Environmental Review 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 herein shall be upon a form prescribed by resolution by 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 Planning Board.

§ 58-5 Time limit for determination by Environmental Review Board.

A. 
The Environmental Review Board shall render a written determination on such application within 15 days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the Environmental Review Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Environmental Review 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.
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.

§ 58-6 Fees.

[Amended 3-13-2003 by L.L. No. 3-2003]
Every application for a determination under this chapter shall be accompanied by a reasonable fee as set forth in Chapter 85, Fees, Article I, Building, Planning and Zoning, of the Code of the Town of Goshen.

§ 58-7 Procedures for exempt and nonexempt actions.

If the Environmental Review Board determines that the proposed action is not an exempt action nor an action listed in § 58-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Environmental Review Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the Environmental Review Board determines that the proposed action may have a significant effect on the environment, the Environmental Review Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, 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 the New York Codes, Rules and Regulations.

§ 58-8 Preparation of draft environmental impact statement.

A. 
Following a determination that a proposed action may have a significant effect on the environment, the Environmental Review Board shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
(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.
(2) 
In the case of an action not involving an applicant, prepare a draft environmental impact statement. If the applicant decides not to submit an environmental. impact report, the Planning Board shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion shall notify the applicant that the processing of the application will cease and that no approval will be issued.
B. 
The Planning Board may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. Such fees shall be determined as follows: as set forth on an annual basis.

§ 58-9 Actions involving more than one agency.

Where more than one agency is involved in an action, the procedures of Section 617.4 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.

§ 58-10 Actions undertaken prior to specified date; modifications.

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 the New York Codes, Rules and Regulations; provided, however, that if, after such dates, the Planning Board modifies an action undertaken or approved prior to that date and the Planning 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 the New York Codes, Rules and Regulations.