This chapter is adopted to comply with the local agency implementation
requirements of Article 8 of the New York State Environmental Conservation
Law.
No town agency shall carry out or approve any action until there has
been full compliance with all requirements of this chapter and Part 617 of
Title 6 of NYCRR.
The following actions shall not be governed by this chapter:
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 NYCRR have been
fulfilled.
C. Actions listed as Type II actions in § 617.5
of Title 6 of NYCRR.
D. Enforcement proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings.
E. Official acts of a ministerial nature involving no exercise
of discretion.
F. Maintenance or repair involving no substantial changes
in existing structure or facility.
G. Actions undertaken or approved prior to the dates specified
in Article 8 of the Environmental Conservation Law for local agencies; provided,
however, that a modification carried out or approved by a town agency which
the town agency determines may have a significant adverse effect on the environment
shall not be an exempt action.
H. The following additional actions:
(1) Town agency resolutions and other actions of an administrative,
budgetary or policy nature not involving physical alteration of the environment.
(2) Town agency actions taken to minimize damage to the public
health, safety or welfare during an emergency.
An appropriate town agency may require an applicant to pay the actual
reasonable cost of preparing a draft environmental impact statement or of
reviewing the same if it is prepared by the applicant. The amount charged
shall not exceed 1/2 of 1% of the action's total cost to the applicant.