[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 1-27-1981 by L.L. No. 2-1981 as Ch. 65 of
the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 31.
Building construction and fire prevention — See Ch. 73.
Flood damage prevention — See Ch. 99.
Freshwater wetlands — See Ch. 103.
Site plan review — See Ch. 155.
Subdivision of land — See Ch. 163.
Waterfront development — See Ch. 193.
Zoning — See Ch. 197.
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 the New York Codes, Rules
and Regulations.
[Amended 11-14-1991 by L.L. No. 9-1991]
No decision to carry out or approve an action, other than an action listed in § 89-3B hereof or Section 617.13 of Title 6 of 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 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; 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 the NYCRR have been fulfilled.
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: none.
B.
Consistent with Part 617 of Title 6 of NYCRR and
the criteria therein, the following actions, in addition to those
listed in Section 617.13 of Title 6 of NYCRR as Type II actions, are
deemed not to have a significant effect on the environment:
[Amended 11-14-1991 by L.L. No. 9-1991]
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 Planning 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 Planning 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 Planning
Board.
A.
The Town Planning 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 Town Planning
Board. The determination shall state whether such proposed action
may or will not have a significant effect on the environment. The
Town Planning 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.[1]
[1]
Editor's Note: Original § 65-6,
entitled "Fees," which immediately followed this subsection, was repealed
3-9-1989 by L.L. No. 2-1989.
[Amended 11-14-1991 by L.L. No. 9-1991]
If the Town Planning Board determines that the proposed action is not an exempt action, not an action listed in § 89-3B hereof or Section 617.13 of Title 6 of NYCRR as a Type II action and that it will not have a significant effect on the environment, the Town Planning Board shall prepare, file and circulate such determination as provided in Section 617.10(a)(2) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Town Planning Board determines that the proposed action may have a significant effect on the environment, the Town Planning Board shall prepare, file and circulate such determination as provided in Section 617.10(a)(2) 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.
Following a determination that a proposed action
may have a significant effect on the environment, the Town Planning
Board shall, in accordance with the provisions of Part 617 of Title
6 of NYCRR:
A.
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.
B.
In the case of an action not involving an applicant,
prepare or cause to be prepared a draft environmental impact statement.[1]
[1]
Editor's Note: Original § 65-8B,
which dealt with draft environmental impact reports and immediately
followed this subsection, was repealed 3-9-1989 by L.L. No. 2-1989.
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.
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 Planning Board modifies an action undertaken or approved prior
to that date and the Town 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 NYCRR.
