[HISTORY: Adopted by the Town Board of the Town of Fallsburg 3-20-1979 by L.L. No. 2-1979 (Ch. 132 of the 1971 Code). Amendments noted where applicable.]
The purpose of this chapter is to implement for the Town of Fallsburg SEQR and Part 617.
Generally. The terms and words used in this chapter shall have the same meaning as such terms and words are defined in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning.
Specific terms. The following terms shall have the following meaning:
- Environmental assessment form.
- Environmental impact statement.
- PART 617
- The rules and regulations set forth in 6 NYCRR 617.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the Town of Fallsburg, unless it has complied with SEQR, Part 617 to the extent applicable and this chapter.
Preparation of EAF. An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Town of Fallsburg in connection with any Type I action such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
Preliminary determination; time limit. An application for permit or funding of a Type I action shall be accompanied by an EAF, and for an unlisted action may be accompanied by a short or long EAF as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF, the Planning Board or a lead agency having authority to adopt its own regulations may adopt different procedure for reviewing environmental significance of unlisted actions. The lead agency shall make a preliminary determination of environmental significance of the action on the basis of the EAF, draft EIS or with respect to unlisted actions in accordance with its own procedures, as the case may be, and such other information it requires. Such determination shall be made within 20 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions, a determination of nonsignificance shall be noticed and filed as provided in 617.12(b)(1); for unlisted actions, a determination for nonsignificance shall be sent to the applicant and maintained in accordance with 617.8 and 617.12(b)(2). After a determination of nonsignificance, the action including one involving a permit or funding shall be processed without further regard to SEQR, Part 617 or this chapter.
[Amended 5-11-2010 by L.L. No. 7-2010]
Computation of time limit. The time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental nonsignificance is rendered, or if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
[Amended 5-11-2010 by L.L. No. 7-2010]
If the lead agency determines that an EIS is required, it shall proceed as provided in Part 617.9, 617.11 and 617.12. Commencing with the acceptance of the draft EIS, the time limitation for processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Part 617.6, 617.7 and 617.8, except that in the following Type I and unlisted actions the lead agency shall be as provided herein (Note: The list of lead agencies in this section is not intended to indicate a complete or ironclad predetermination of lead agencies within the municipality, but rather to serve as an example. Lead agencies will emerge through normal processing of actions, by agreement and by designation of the Environmental Conservation Commissioner. Thus, the list could change.)
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Town Board;
Construction or expansion of Town buildings, structures and facilities within the Town not requiring a federal or state agency permit or approval: the Town Board;
Variances not requiring a federal or state agency permit or approval: Zoning Board of Appeals;
Purchase, sale and lease of real property by the Town of Fallsburg not requiring a federal or state agency permit or approval: the Town Board;
Planned unit development or cluster zoning not requiring a federal or state agency permit or approval: Town Planning Board;
Site plan review and special use permit not requiring a federal or state agency permit or approval: Town Planning Board;
Construction or expansion of nonresidential facility not requiring a federal or state agency permit or approval: Town Planning Board;
Parking lot not requiring a federal or state agency permit, or approval: Town Planning Board.
The Planning Board shall act as the Town clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be processed in accordance with Part 617.15.
The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be fixed from time to time by a resolution of the Town Board.
Critical environmental areas may be designated by resolution of the Town Board in accordance with 6 NYCRR 617.14(g).
The following are deemed Type I actions in addition to those set forth in Part 617.4: None.