[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 5-5-1977. Amendments noted where applicable.]
Unless the context shall otherwise require,
the terms, phrases and words used in these rules and regulations 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.
No decision to carry out or approve an action other than an action listed in § 86-3B hereof shall be made by the Town Board or by any department, board, commission, officer or employee of the Town of Wawayanda until there has been full compliance with all requirements of these rules and regulations; provided, however, that nothing herein shall be construed as prohibiting the following:
A.
The conducting of contemporaneous environmental or
engineering studies and preliminary planning necessary to the formulation
of a proposal for action which does 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 these regulations have been fulfilled.
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 Planning Board, or Town Board, if applicable,
of the Town of Wawayanda, setting forth the name of the applicant,
the location of the 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 Planning Board, or Town Board, if applicable,
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 Planning Board, or Town Board,
if applicable.
Upon receipt of a complete application and a
statement, the Planning Board, or Town Board, if applicable, shall
cause a notice thereof to be posted on the signboard, if any, of the
Town of Wawayanda and may also cause such notice to be published in
the official newspaper of the Town, describing the nature of the proposed
action and stating that written views thereon of any person shall
be received by the Planning Board, or Town Board, if applicable, no
later than a date specified in such notice.
The Planning Board, or Town Board, if applicable,
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 Planning Board, or Town Board, if applicable. The
determination shall state whether such proposed action may or will
not have a significant effect on the environment. The Planning Board,
or Town Board, if applicable, 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.
Every application for determination under these
regulations shall be accompanied by a reasonable fee, which fee shall
be determined by the Town Board and can be amended by them by resolution
from time to time.
If the Planning Board, or Town Board, if applicable, determines that the proposed action is not an exempt action, not an action listed in § 86-3B hereof and that it will not have a significant effect on the environment, the Planning Board, or Town Board, if applicable, shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to these regulations. If the Planning Board, or Town Board, if applicable, determines that the proposed action may have a significant effect on the environment, the Planning Board, or Town Board, if applicable, shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of these regulations and Part 617 of Title 6 of NYCRR.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Planning Board,
or Town Board, if applicable, shall, in accordance with the provisions
of Part 617 of Title 6 of NYCRR:
B.
If the applicant does not submit an environmental
impact report, the Planning Board, or Town Board, if applicable, shall
notify the applicant that the processing of the application will cease
and that no approval will be issued.
A.
Upon completion of a draft environmental impact statement,
a notice of completion containing the information specified in Section
617.7(d) of Title 6 of NYCRR shall be prepared, filed and circulated
as provided in Section 617.7(e) and (f) of Title 6 of NYCRR. In addition,
it shall be published in the official newspaper of the Town, and a
copy thereof shall be posted on a signboard of the Town. Copies of
the draft environmental impact statement and the notice of completion
shall be filed, sent and made available as provided in Section 617.7(e)
and (f) of Title 6 of NYCRR.
B.
If the Planning Board, or Town Board, if applicable,
determines to hold a public hearing on a draft environmental impact
statement, notice thereof shall be filed, circulated and sent in the
same manner as the notice of completion and shall be published in
the official newspaper of the Town, at least 10 days prior to such
public hearing. Such notice shall also state the place where substantive
written comments on the draft environmental impact statement may be
sent and the date before which such comments shall be received. The
hearing shall commence no fewer than 15 calendar days nor more than
60 calendar days from the filing of the draft environmental impact
statement, except as otherwise provided where the Planning Board,
or Town Board, if applicable, determines that additional time is necessary
for the public or other agency review of the draft environmental impact
statement or where a different hearing date is required as appropriate
under other applicable law.
If, on the basis of a draft environmental impact
statement or public hearing thereon, the Planning Board, or Town Board,
if applicable, determines that an action will not have a significant
effect on the environment, the proposed action may be processed without
further regard to these regulations.
Except as otherwise provided herein, the Planning
Board, or Town Board, if applicable, shall prepare or cause to be
prepared a final environmental impact statement in accordance with
the provisions of Part 617 of Title 6 of NYCRR, provided further that
if the action involves an application, the Planning Board, or Town
Board, if applicable, may direct the applicant to prepare the final
environmental impact statement. Such final environmental impact statement
shall be prepared within 45 days after the close of any hearing or
within 60 days after the filing of the draft environmental impact
statement, whichever last occurs; provided, however, that the Planning
Board, or Town Board, if applicable, may extend this time as necessary
to complete the statement adequately or where problems identified
with the proposed action require material reconsideration or modification.
Where the action involves an application, such final environmental
impact statement shall be accompanied by the fee specified by the
Town Board to defray the expenses of the Town in preparing and/or
evaluating the same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 86-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
No decision to carry out or approve an action
which has been the subject of a final environmental impact statement
by the Planning Board, or Town Board, if applicable, or by any other
agency shall be made until after the filing and consideration of the
final environmental impact statement. Where the Planning Board, or
Town Board, if applicable, has been the lead agency for an action,
it shall make a decision whether or not to approve the action within
30 days of the filing of the final environmental impact statement.
When the Planning Board, or Town Board, if applicable,
decides to carry out or approve an action which may have a significant
effect on the environment, it shall make the following findings in
a written determination:
A.
The action to be carried out or approved is one which
minimizes or avoids adverse environmental effects, including the effects
disclosed in the relevant environmental impact statements; and
B.
All practicable means will be taken in carrying out
or approving the action to minimize or avoid adverse environmental
effects.
For public information purposes, a copy of the
determination shall be filed and made available as provided in Part
617 of Title 6 of NYCRR.
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 these regulations 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 Planning Board, or Town Board, if applicable, modifies an
action undertaken or approved prior to that date and the Planning
Board, or Town Board, if applicable, 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.
