[HISTORY: Adopted by the Town Board of the
Town of Clarence 11-17-2010 by L.L. No. 2-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Demolition of buildings — See Ch. 69.
Excavations — See Ch. 93.
Fees — See Ch. 99.
Flood damage prevention — See Ch. 107.
Industrial hazardous waste — See Ch. 123.
Landscape and tree conservation — See Ch. 131.
Satellite antennas and towers — See Ch. 173.
Subdivision of land — See Ch. 193.
Zoning — See Ch. 229.
Attachment 1 - Appendix A - Addendum to SEQR 617.4: Type I List
Attachment 2 - Appendix B - Addendum to SEQR 617.5: Type II List
Attachment 2 - Appendix B - Addendum to SEQR 617.5: Type II List[1]
Editor’s Note: This local law also superseded former
Ch. 91, Environmental Quality Review, adopted 3-8-2006 by L.L. No.
1-2006.
This chapter shall be known as the "Environmental Quality Review
Law of the Town of Clarence."
It is declared to be the public policy of the Town of Clarence
to encourage productive and enjoyable harmony between people and their
environment, to promote efforts which will prevent or eliminate damage
to the environment and enhance human and community resources and to
enrich the understanding of the ecological systems, natural, human
and community resources important to the people of the Town of Clarence
and to join with private and other governmental authorities in those
endeavors.
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter shall have the same meanings
as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of Title 6 of NYCRR.
B.
ASSISTANT DIRECTOR
DIRECTOR OF TEQR
NYCRR
OTHER INVOLVED TOWN AGENCY
TEQR
TEQR COMMITTEE
TEQR STAFF
TOWN
TOWN ENVIRONMENTAL QUALITY REVIEW (TEQR)
As used in this chapter, the following terms shall have the meanings
indicated:
Assistant Director of TEQR, who shall aid and advise the
Director of TEQR in implementing the requirements and procedures of
the Town environmental quality review process and who shall act generally
for and in place of the Director of TEQR.
A designated official who shall act generally as an administrative
designee of the TEQR Committee for the purpose of implementing the
requirements and procedures of the Town environmental quality review
process as described in this chapter and as otherwise set forth under
Title 6 of NYCRR, Part 617, and other applicable laws and regulations.
The Director of TEQR shall be appointed by the Clarence Town Board
on the basis of his or her administrative experience and qualifications
for the duties of such office and any additional standards as may
be required by the Clarence Town Board.
The State of New York Official Compilation of Codes, Rules
and Regulations.
The decisionmaking division of the Town of Clarence, other
than the Town Board, having jurisdiction over an action.
See "Town Environmental Quality Review."
The Advisory Committee consisting of seven members and one alternate who shall provide to the Clarence Town Board or involved agency of the Town of Clarence recommendations regarding TEQR. Membership shall consist of the Town of Clarence Planning Board as defined in Chapter 229 of the Code of the Town of Clarence with membership as therein described.
Individuals, including the TEQR Committee, the Director of
TEQR, Assistant Director and other personnel assigned by the TEQR
Committee, who are responsible for undertaking the Town environmental
quality review procedures as described in this chapter and reporting
their findings to the Town Board and other involved Town agencies
for appropriate action by said Board and agencies.
The Town of Clarence.
The environmental review process as promulgated through Title
6 of NYCRR, Part 617, and implemented in the Town of Clarence pursuant
to the requirements of this chapter.
A.
The TEQR staff is authorized to review, analyze, investigate and
process all appropriate administrative and technical undertakings
pertaining to the environmental impacts of applications presented
for approval to the Town Board or to other involved Town agencies
and submit their reports, conclusions and recommendations thereon
through the TEQR Committee to said Board or agencies for their findings
and determinations, all in accordance with Article 8 of the Environmental
Conservation Law of the State of New York and Part 617, Title 6 of
NYCRR. Any modifications or amendments to such applications shall
not be considered by the TEQR staff unless the agency having original
jurisdiction in the matter has received said change and forwarded
the same to the TEQR Committee for review.
B.
In executing their duties and responsibilities pursuant to this chapter,
the TEQR staff is specifically empowered to undertake field inspections,
environmental testing, traffic studies, technical research, meetings
and communications with any other involved agencies or interested
parties and any other actions deemed necessary to substantiate, verify
or augment any information that may be submitted by or on behalf of
an applicant, as is authorized by the TEQR Committee. To ensure the
completeness and technical validity of the information at hand, the
TEQR staff may employ the services of qualified consultants with expertise
in the disciplines under investigation, at the direction of the TEQR
Committee subject to the issuance of prior authorization by the Town
Board for use of said consultants.
No decision to carry out, fund, or approve any action by the
Town Board or by any other involved Town agency shall be made 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, or other study and preliminary planning and budgetary
processes necessary to the formulation of a proposal for actions which
do not commit the Town to approve, fund, or engage in such action;
or
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.
A.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
the actions listed in Appendix A attached hereto,[1] in addition to those listed in § 617.4 of Title
6 of NYCRR as Type I actions, are likely to have a significant effect
on the environment.
[1]
Appendix A is included at the end of this chapter.
B.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
the actions listed in Appendix B attached hereto,[2] in additional to those listed in § 617.5 of
Title 6 of NYCRR as Type II actions, are deemed not to have a significant
effect on the environment.
[2]
Appendix B is included at the end of this chapter.
C.
Appendices A and B may be modified, amended, or altered by Town resolution.
For the purpose of assisting in the review of whether an action
may have a significant effect on the environment, applicants for permits
or other approvals shall, at the request of the TEQR Committee or
Director of TEQR or other member of the TEQR staff acting on behalf
of the TEQR Committee or Director of TEQR, complete and file an environmental
assessment form in accordance with prevailing law and rules and regulations.
In addition, applicants may include a detailed statement of the reasons
why, in their view, a proposed action may not or will not have a significant
effect on the environment. The statement provided herein shall be
upon a form prescribed by the TEQR Committee and shall contain such
additional relevant information as shall be accompanied by drawings,
sketches and maps, if any, together with any other relevant explanatory
material as may be requested by the TEQR staff.
A.
Every application for determination under this chapter shall be accompanied
by fees to defray the expenses incurred by the Town in completing
the environmental review process necessary for rendering such determination,
which fees and schedules thereto shall be established by the TEQR
Committee subject to approval by the Town Board via resolution. Said
fees shall include, but not necessarily be limited to:
(2)
Each environmental impact statement (EIS) prepared for an action
proposed by an applicant that is issued a positive declaration pursuant
to § 617.7 of Title 6 of NYCRR.
(a)
In each such case involving the preparation of an EIS, the applicant
shall provide funds to the Town for deposit into a trust account (environmental
review trust account), pursuant to the schedule and procedures established
by the Town Board. The services to assist the TEQR staff with the
preparation or review of the EIS, if such assistance is determined
to be necessary by the TEQR Committee, as well as an administrative
fee for the involvement of Town personnel.
(b)
The environmental review trust account shall be established
at the time of scoping, and shall be available for the Town's use
for preparing a draft scoping finalizing a scoping document based
on comments received from involved agencies and other interested parties,
preparing for or participating in scoping meetings or hearings, and
other activities as required to complete a final scoping document,
pursuant to §§ 617.8 and 617.13 of Title 6 of NYCRR.
Said trust account shall continue to be available for the Town's use
for preparing a draft EIS, final EIS, or findings statement, or reviewing
a draft EIS or final EIS document submitted by the applicant; of undertaking
any field inspections, environmental testing, traffic studies, technical
research, meetings and communications with other involved agencies
or interested parties; and any other actions deemed necessary by the
TEQR Committee or the Director of TEQR to substantiate, verify or
augment any information that may be submitted by or on behalf of an
applicant, or to assist the TEQR staff in completing any of the duties
or responsibilities described elsewhere in this chapter.
(c)
The maximum cumulative total of charges to an applicant for
review of the EIS for a given application pursuant to the provisions
of this chapter shall conform to the limits set forth under § 617.13
of Title 6 of NYCRR and other applicable laws and regulations.
B.
Preapplication.
(1)
If a project sponsor voluntarily requests technical input from the
Town regarding a potential development proposal prior to the submission
of a formal application, and prior to the initiation of the formal
SEQRA process, said project sponsor shall be required to submit fees
to defray the expenses incurred by the Town in providing such input.
In each such case, the applicant shall provide funds to the Town for
deposit into a trust account, pursuant to the schedule and procedures
established by the Town Board. The fees assessed against said trust
account shall include the cost of outside consulting services to assist
the TEQR staff with the preparation or review of the EIS, if such
assistance is determined to be necessary by the TEQR Committee, as
well as an administrative fee for the involvement of Town personnel.
(2)
During the preapplication phase of environmental review for a project,
the trust fund shall be available for the Town's use for meetings
and other discussions with the project sponsor and its representatives,
review of preliminary plans, drawings and other materials, preliminary
scoping for an EIS or other SEQR documentation, and similar activities.
(3)
If a decision is made not to pursue a given project that has been subject to preapplication review, the project sponsor shall submit correspondence to the TEQR Committee to that effect and request release of the remaining trust fund. In the absence of correspondence to the TEQR Committee requesting release of the remaining trust fund, said trust fund shall remain in place and shall be available for the Town's use during the subsequent SEQR review process, in accordance with Subsection A immediately above, except that any expenditures accrued during the preapplication phase of the environmental review process shall not be counted toward the maximum allowed under § 617.13 of Title 6 of NYCRR.
A.
If it is determined that the proposed action is exempt, excluded,
or Type II, such classification shall be filed in the office of the
Town Board or other involved Town agency, and thereafter the action
may be processed without further application of this chapter, as amended.
B.
Those actions deemed Type I or unlisted shall be processed in accordance
with §§ 617.6 (initial review of actions); 617.6 and
617.7 (establishment of lead agency and determination of significance);
and 617.8 (scoping) of 6 NYCRR, Part 617.
C.
When it is determined that a proposed action may have a significant
effect on the environment, the Town Board or other involved Town agency
shall, with appropriate input and assistance from the TEQR staff,
prepare such determination and cause it to be filed and circulated
as provided in § 617.12(b) of Title 6 of NYCRR. Thereafter,
the action shall be processed in accordance with §§ 617.8
and 617.9(a) of Part 617 of Title 6 of NYCRR.
D.
After the determination that an environmental impact statement is
required is made by the Town Board or other involved agency, the applicant
has the following options:
E.
If the applicant does not request the Town Board or other involved
Town agency to prepare the draft environmental impact statement and
does not prepare the draft environmental impact statement himself
or herself, the application shall be withdrawn.
F.
When the Town Board or other involved Town agency has determined
that a draft environmental impact statement is adequate for public
review, said Board or agency, with appropriate input and assistance
from the TEQR staff, shall prepare and file a notice of completion.
The notice shall contain the information specified by § 617.12(a)
of Title 6 of NYCRR and shall be filed and circulated as provided
in § 617.12(b) and (c) of Title 6 of NYCRR.
G.
If it is determined that a public hearing shall be held on a draft
environmental impact statement, notice thereof shall be filed and
circulated in the same manner as the notice of completion and shall
be published in the official newspapers of the Town at least 14 calendar
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 comments shall
be received. The hearing shall commence no fewer than 15 calendar
days nor more than 60 calendar days of the filing of the notice of
completion for the draft environmental impact statement, except as
otherwise provided where the Town Board or other involved Town agency,
in consultation with the TEQR staff, determines that additional time
is necessary for satisfactory completion of the review of the draft
environmental impact statement or where a different hearing date is
required as appropriate under other applicable law.
H.
The Town Board or other involved Town agency, acting in a capacity
as lead agency pursuant to Title 6 of NYCRR, Part 617, shall have
the option of presiding over the conduct of any hearing prescribed
hereunder and, as is practical and feasible, shall have the option
of conducting any hearing prescribed hereunder concurrently with any
other hearing that may be required under the law. For any hearing
that is not presided over by the Town Board or other involved Town
agency, the conduct of said hearing shall be presided over by the
TEQR Committee, or its designee.
I.
Except as otherwise provided herein, a final environmental impact
statement shall be prepared in accordance with the provisions of Part
617 of Title 6 of NYCRR. Such statement shall be completed within
45 days after the close of any hearing or within 60 days after the
filing of the draft environmental impact statement, whichever occurs
last; provided, however, that the Town Board or other involved Town
agency, in consultation with the TEQR staff, may extend the time when
appropriate to complete the required statement or to resolve other
issues identified with the proposed action.
J.
A notice of completion of a final environmental impact statement shall be prepared, filed and distributed in the same manner as provided in Subsection F 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.
A.
Within 30 days of the filing of a final environmental impact statement,
the Town Board or other involved Town agency shall, with appropriate
input and assistance from the TEQR staff, issue a written finding
statement and thereafter shall make a decision on whether or not to
approve, fund, or directly undertake the action which was the subject
of the final environmental impact statement; provided, however, that
such period may be extended for just cause.
B.
The written findings statement shall include the items as contained
in § 617.12(d) of Part 617 of Title 6 of NYCRR.
C.
The findings statement shall be filed in accordance with § 617.12(b)
and (c) of Part 617 of Title 6 of NYCRR.
The TEQR staff shall maintain files open for the public inspection
of all notices of completion, draft and final environmental impact
statements and written determinations prepared or caused to be prepared
thereon.
Where more than one agency is involved in an action, the procedures
of § 617.6(b)(2) of Part 617 of Title 6 of NYCRR shall be
followed.
Actions undertaken or approved to the date 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 agency having jurisdiction modifies
an action undertaken or approved prior to that date and the Town Board
or other involved Town agency, in consultation with the TEQR staff,
determines that the modification shall be an action subject to this
chapter and Part 617 of Title 6 of NYCRR.
