If an action is not exempt as defined in § 119-5 of this chapter, determination will be made by the Town Planning Board as to whether the action may have a significant effect upon the environment.
A.
Contemporaneous or subsequent actions. For the purpose of determining whether an action will cause one of the consequences included in Article XI of this chapter, the action shall be deemed to include other contemporaneous or subsequent actions specified as follows:
(1)
Contemporaneous or subsequent actions which are included
in any long-range comprehensive integrated plan of which the action
under consideration is a part.
(2)
Contemporaneous or subsequent actions which are likely
to be undertaken as a result of the action under consideration.
(3)
Contemporaneous or subsequent actions which are dependent
upon the action under consideration.
B.
Significance of consequence. The significance of a likely consequence as enumerated in § 119-6A and Article XI (i.e., whether it is material, substantial, large, important, etc.) should be assessed in connection with its setting (i.e., urban or rural), its probability of occurring, its duration, its irreversibility, its controllability, its geographic scope and its magnitude.
A.
Written statement.
(1)
For the purpose of assisting the Town Planning Board
in the determination of whether an action may or will not have a significant
effect upon the environment, applicants for permits or other approvals
shall file a written statement with the Planning Board setting forth:
(2)
Such statement shall be filed simultaneously with
the application for action.
B.
Form. The statement provided for herein shall be upon
a form titled "Environmental Assessment Form" and shall contain relevant
information as 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 of Binghamton.
A.
Upon receipt of a complete application, the Planning
Board shall cause notice thereof to be posted on the signboard of
the Town and may also cause such notice to be published in the official
newspaper of the Town. The notice shall describe the nature of the
proposed action and state that written views thereon of any person
shall be received by the Planning Board no later than a date specified
in such notice.
B.
Written determination on action. The Planning Board
shall render a written determination on such application within 20
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 Planning Board. The determination shall state whether
such proposed action may or will not have a significant effect upon
the environment. The Planning Board may hold informal meetings with
the applicant and may consult with any other person for the purpose
of making a determination on the application.
[Amended 4-15-2003 by L.L. No. 1-2003]
C.
Time limitations. 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.
The Planning Board, upon determining whether
an action proposed to the Planning Board, either by the Town or an
applicant, may or will not have a significant effect upon the environment,
shall immediately file such a determination as follows:
A.
If it is determined by the Planning Board that the
action will not have a significant effect upon the environment, the
proposed action may be processed without further regard to this chapter.
