A.
The Woodstock Environmental Commission (WEC) shall
serve as an advisory agency specializing in environmental information
and providing review assistance to all agencies and officials in the
Town of Woodstock. The WEC shall be an interested agency for all purposes
in this chapter and the State Environmental Quality Review Act (SEQR).
Additionally, all submitted SEQR forms shall be circulated to the
WEC. This shall include environmental assessment forms, environmental
impact statements, review memoranda, notices of lead agency status
or other filing notices, SEQR determinations of significance, scoping
documents, findings and other pertinent materials. The WEC may provide
commentary and consultation to the lead agency at all points in SEQR
procedure. Recommendations may include requests for more information
or the need for a full EAF rather than a short form. Comments of the
WEC shall be considered by the lead agency in its proceedings and
determinations. When referrals are requested of the WEC, responses
shall be provided in a manner consistent with SEQR and lead agency
procedure and time frames.
B.
In addition, for all subdivisions of 20 or more units,
the Town Board shall be an interested agency.
A.
Designation of lead agency.
(1)
The lead agency is the agency principally responsible
for carrying out, funding, or approving an action. Prior to the official
designation of lead agency, a public announcement shall be made by
the clerk of the agency that is requesting lead agency status that
a notice is being circulated to all interested and involved agencies
to determine who shall be lead agency and which shall provide for
identification and resolution of potential conflicts of interest and/or
other ethical concerns with respect to the lead agency.
(2)
A notice, including a list of involved and interested
agencies, should be kept on file with said clerk. The lead agency
shall consult with the Town of Woodstock Environmental Commission
to determine whether there is need for a short or full EAF and whether
a visual EAF addendum shall be submitted by the applicant. The lead
agency shall transmit environmental assessment forms or environmental
impact statements and all other pertinent SEQR documents to the WEC
as soon as they are received. The lead agency shall consult with the
Town of Woodstock Environmental Commission and consider its written
recommendations prior to making determinations of significance or
nonsignificance. Additionally the lead agency shall consider the WEC
written recommendations when preparing, reviewing and filing the EIS
if it is required.
B.
Where more than one agency is involved, the lead agency
is determined and designated as provided in § 6 of Part
617, except that for the following specific Type I and unlisted actions,
in cases where a federal or state agency permit or approval is not
necessary, the lead agency is:
(1)
Adoption, amendment, or change in zoning or land use
regulations: the Town Board.
(2)
Construction or expansion of Town buildings, structures
and other facilities, including highways, within the Town: the Town
Board.
(3)
Variance: the Zoning Board of Appeals.
(4)
Purchase, sale and/or lease of real property by the
Town: the Town Board.
(5)
Planned residential development: the Town Board.
(6)
Site plan review and special use permits: the Planning
Board.
(7)
Subdivisions: the Planning Board.
C.
If a SEQR determination of positive significance (a
positive declaration) is made, there shall be a public scoping hearing,
and the Town Board shall participate as an interested agency in such
hearings by providing written comment on the extent of scoping.
D.
The Supervisor's office, in consultation with the
Woodstock Environmental Commission, shall assist agencies and applicants
to identify other federal, state, and local agencies that may be involved
or interested in approving, funding or carrying out Type I and unlisted
actions.
E.
Environmental review of actions involving a federal
agency will be processed in accordance with § 15 of Part
617.
A.
When any agency, department, body, board, or officer
of the Town contemplates directly carrying out, funding, or approving
any Type I action, a full environmental assessment form (EAF) must
be prepared by it or on its behalf. When an unlisted action is contemplated,
either a full or short-form EAF, as appropriate, must be prepared.
Town of Woodstock short environmental assessment forms, full environmental
assessment forms and/or visual EAF addenda shall be used, as appropriate.
These Town of Woodstock forms shall be modified by the Town Board
in consultation with the WEC, Planning Board and the Zoning Board
of Appeals from time to time as needed to meet the needs of the Town
of Woodstock.
[Amended 7-3-2013 by L.L. No. 1-2013]
B.
When any person submits an application for funding
or a permit or other approval of a Type I or unlisted action to any
agency, department, body, board, or officer of the Town, an EAF Part
I must accompany the application. The completion of EAF Parts II and
III and the determination of whether a visual EAF addendum is required
are the responsibility of the lead agency. For Type I actions, a full
EAF must be prepared; for unlisted actions either the full EAF or
the short-form EAF may be required by the lead agency. An applicant
may choose to prepare a draft EIS in place of an EAF.
C.
The lead agency must make a determination of environmental
significance of the action. This determination must be based on a
review of the EAF and the lead agency's own procedures and on such
other information as the lead agency may require. In no case shall
the lead agency act without either a short or full EAF. The criteria
stated in § 7 of Part 617 must also be considered by the
lead agency is making its determination of significance. The determination
must be made within 20 days of its designation as lead agency or within
20 days of its receipt of all information it requires, whichever is
later.
D.
For Type I actions, the lead agency must give public
notice by publishing is the newspaper or newspapers of record of the
Town of Woodstock within 10 days of filing a determination of significance,
either positive or negative ("Positive" or "Negative Declaration").
For unlisted actions, the lead agency must send a determination of
nonsignificance to the applicant and maintain its own records thereof
in accordance with § 12 of Part 617.
E.
If the lead agency makes a determination of nonsignificance,
the direct action, approval, or funding involved will be processed
without further regard to SEQR, Part 617, or this chapter.
F.
A lead agency shall proceed substantially through
SEQR/TWEQR review before determining an application to be complete
per the agency's pertinent regulations.
G.
In the case of an unlisted action where the applicant
submits a short-form EAF, the lead agency, in consultation with the
Woodstock Environmental Commission, may require the applicant to submit
a full EAF and/or visual EAF addendum.
A.
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed
as provided in §§ 9, 11 and 12 of Part 617. The Draft
EIS will normally be prepared by the applicant. If the applicant falls
to prepare a Draft EIS, or prepares a Draft EIS which is unacceptable
to the lead agency, the lead agency may either prepare a Draft EIS
itself or discontinue further processing until the applicant can provide
an acceptable Draft EIS.
C.
If a public hearing is held on the Draft EIS, it must
whenever possible be concurrent with any other public hearing on the
application.
A.
The fees for review or preparation of an EAF or EIS
involving approval or funding of an action shall be fixed from time
to time by resolution of the Town Board in consultation with the Woodstock
Environmental Commission and other involved or interested agencies.
Fees shall not exceed the fee caps established in § 13 of
Part 617.
B.
Fees so fixed will be consistent with the limitations
set by § 13 of Part 617. When the EIS is prepared by the
applicant, fees shall reflect actual expenses of reviewing it, including
legal fees incurred by the lead agency. When the EIS is prepared by
an agency on behalf of the applicant, fees shall reflect the cost
of preparation, including publication of notices, but not the cost
of environmental review by the agency. However, the lead agency may
not charge a fee for its determination of significance.
