[HISTORY: Adopted by the Town Board of the Town of Amherst 5-17-1982 by L.L. No.
3-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 83.
Excavations — See Ch. 106.
House trailers — See Ch. 122.
Construction of public improvements — See Ch. 125.
Noise — See Ch. 138.
Sewers — See Ch. 160.
Stormwater management — See Ch. 172.
Wetlands — See Ch. 200.
Zoning — See Ch. 203.
Subdivision of land — See Ch. 204.
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.
No decision to carry out or approve an action other than an
action listed in Section 617.5 of Title 6 of the New York Codes, Rules
and Regulations as a Type II action or an action classified as excluded
or exempt shall be made nor shall any action, other than a Type II,
excluded or exempt action, be carried out or funded by the Town of
Amherst or any of its boards, departments or agencies prior to compliance
with all requirements of this chapter and Part 617 of Title 6 of the
New York Codes, Rules and Regulations; provided, however, that nothing
herein shall be construed as prohibiting 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 approval 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 New York Codes, Rules and Regulations have
been fulfilled.
In addition to the Type I actions enumerated in Section 617.4
of Title 6 of the New York Codes, Rules and Regulations, actions affecting
wetlands, as defined in Article 24 of the Environmental Conservation
Law (the Freshwater Wetlands Act), and floodways, as indicated by
the Army Corps of Engineers or the Federal Flood Insurance Administrator,
or within 100 feet from the water's edge on each bank of a flowing
watercourse, are likely to have a significant effect on the environment.
[Amended 5-2-1983 by L.L. No. 1-1983]
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 an environmental
assessment form (EAF) or statement (with the Planning Department)
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 be requested to 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 or environmental assessment form shall
be filed simultaneously with the application for the action. The information
provided shall be upon a form prescribed by the Planning Department.
The form or statement shall be accompanied by drawings, sketches,
maps and other relevant explanatory material required by the Planning
Department.
A.
An environmental assessment form shall be prepared by or on behalf
of any agency, board, body or officer of the Town 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 environmental
assessment form in a short or long form may be prepared to facilitate
a preliminary determination of environmental significance.
B.
Except as provided in the following subsection, an application for
rezoning, site plan, subdivision review, action by the Board of Appeals
or funding or any Type I action shall be accompanied by an environmental
assessment form and for an unlisted action may be accompanied by a
short- or long-form environment assessment form as may be needed to
assist in making a preliminary determination of environmental significance.
An applicant may prepare a draft environmental impact statement to
accompany the application in place of the environmental assessment
form.
C.
Applications to the Planning Board and Zoning Board of Appeals involving
the granting of individual setback and lot line variances or modifications
and construction or placement of accessory or appurtenant structures
or improvements not changing land use or density need not be accompanied
by an environmental assessment form.
[Amended 8-2-1982 by L.L. No. 6-1982; 5-2-1983 by L.L. No. 1-1983]
A.
All environmental assessment forms or statements shall be referred
to the Planning Department for review and preparation of a recommendation
to the lead agency. The Planning Department shall submit a written
recommendation on such application within 30 days following receipt
of a complete application and statement or environmental assessment
form; provided, however, that such period may be extended by mutual
agreement of the applicant and Planning Department. The recommendation
shall state whether a proposed action is exempt or excluded or may
or will not have a significant effect on the environment. The Planning
Department 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 recommendation on the application.
B.
The time an application for approval or funding of an action shall
be deemed filed is the date preliminary determination of environmental
significance or non-significance is rendered or, if in lieu of an
environmental assessment form the applicant prepares a draft environmental
impact statement, the date the applicant files a draft environmental
impact statement acceptable to the lead agency.
[Amended 5-2-1983 by L.L. No. 1-1983]
A.
If the lead agency determines that a proposed action is an exempt,
excluded or Type II action listed in 6 NYCRR 617.5, the Planning Department
shall file the determination as provided in 6 NYCRR 617.6. Thereafter,
the proposed action may be processed without further regard to this
chapter.
B.
If the lead agency determines that the proposed action is not an
exempt, excluded or Type II action, the proposed action shall be reviewed
and processed in accordance with the provisions of this chapter and
Part 617 of Title 6 of the New York Codes, Rules and Regulations.
C.
Except as to determinations required to be made by the lead agency,
this chapter and Part 617 of Title 6 of the New York Codes, Rules
and Regulations shall be administered by the Planning Department.
[Amended 5-2-1983 by L.L. No. 1-1983]
The lead agency shall be determined and designated as provided
in 6 NYCRR 617.6 and 6 NYCRR 617.8. In all cases, the agency acting
for the Town shall be that agency, board, body or officer having authority
to approve or carry out the action sought. The Town shall be the lead
agency for all actions where the anticipated impacts are primarily
of local significance, it has the governmental power most suitable
for investigating those impacts or it has the greatest capability
for providing thorough environmental assessment of the action. Actions
shall include, but are not limited to the following:
A.
Adoption, amendment or change in zoning regulations.
B.
Construction or expansion of buildings, structures and facilities
within the Town.
C.
Variances.
D.
Purchase, sale and lease of real property by the Town.
E.
Site plan review and special use permit.
F.
Construction or expansion of nonresidential facilities.
G.
Parking lots and roads.
The Planning Department shall act as the Town clearinghouse
for lead agency designation. It 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. It may make recommendations concerning the designation of
a lead agency.
Environmental review of actions involving a federal agency shall
be processed in accordance with Section 617.15 of Title 6 of the New
York Codes, Rules and Regulations.
[Amended 5-2-1983 by L.L. No. 1-1983]
Following a determination that a proposed action may have a
significant effect on the environment, the Planning Department for
the lead agency shall, in accordance with the provisions of Part 617
of Title 6 of the New York Code, Rules and Regulations:
A.
Immediately notify the applicant of the determination and shall request
the applicant to prepare an environmental impact statement (EIS) in
the form of a draft environmental impact statement. Processing of
the application shall be suspended until the draft environmental impact
statement is submitted and accepted. Upon acceptance of a draft environmental
impact statement, the time for processing it shall run concurrently
with the time requirements applicable to processing the application
for approval or funding of the action. A public hearing on the draft
environmental impact statement shall be held concurrently with any
hearing to be held on that application.
B.
In the case of an action not involving an applicant, prepare a draft
environmental impact statement.
A.
Upon completion or submission of a draft environmental impact statement,
a notice of completion containing the information specified in Section
617.12(d) of Title 6 of the New York Codes, Rules and Regulations
shall be prepared, filed and circulated by the Planning Department
as provided in Subdivisions 617.12(e) and (f).
B.
If the lead agency determines that a public hearing on a draft environmental
impact statement should be held, notice thereof shall be filed, circulated
and sent by the Planning Department in the same manner as for a notice
of completion. The notice shall be published in the official newspaper
of the Town at least 14 days prior to the hearing. The notice shall
also state the place where substantive written comments on the draft
environmental impact statement may be sent and the date before which
comments shall be received.
[Amended 5-2-1983 by L.L. No. 1-1983]
C.
The hearing shall be held by the lead agency no less than 15 days
nor more than 60 days after completion or submission of the draft
environmental impact statement, unless it determines that additional
time is necessary for public or other agency review of the draft environmental
impact statement or a different hearing date is required by other
applicable law or regulation.
[Amended 5-2-1983 by L.L. No. 1-1983]
[Amended 5-2-1983 by L.L. No. 1-1983]
If upon the basis of a draft environmental impact statement
or a public hearing thereon, the lead agency determines that an action
will not have a significant effect on the environment, the proposed
action may be processed without further regard to this chapter. Notice
of the determination shall be filed by the Planning Department in
accordance with 6 NYCRR 617.12.
[Amended 5-2-1983 by L.L. No. 1-1983]
Except as otherwise provided herein, the lead agency assisted
by the Planning Department shall prepare a final environmental impact
statement in accordance with the provisions of Part 617 of Title 6
of the New York Codes, Rules and Regulations. If the action involves
an application, the final environmental impact statement shall be
prepared within 45 days after the close of any hearing or 60 days
after the filing of the draft environmental impact statement, whichever
last occurs. The lead agency may extend this time as necessary to
complete the statement or where problems identified with the proposed
action require material reconsideration or modification.
Fees for preparation or review of an environmental impact statement
involving an applicant for approval or funding of an action shall
be fixed from time to time by a resolution of the Town Board. If the
applicant prepares the environmental impact statement, the Town may
charge a fee for actual expenses of reviewing it. If a Town agency
prepares an environmental impact statement on behalf of an applicant,
it may charge a fee for the cost of preparation but not for the cost
of professional review.
[Amended 5-2-1983 by L.L. No. 1-1983]
Notice of completion of a final environmental impact statement
shall be prepared, filed and circulated by the Planning Department
as provided in Title 6 of the New York Codes, Rules and Regulations.
A copy shall be sent to each person 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.
[Amended 5-2-1983 by L.L. No. 1-1983]
No decision to carry out or approve an action which has been
the subject of a draft environmental impact statement shall be made
until after the completion of a final statement.
[Amended 5-2-1983 by L.L. No. 1-1983]
The lead agency shall not approve an action which may have a
significant effect on the environment unless it finds that:
A.
Consistent with social, economic and other essential considerations
of Town policy, to the maximum extent practicable, from among the
reasonable alternatives thereto, 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 the New York Codes, Rules and Regulations.
Except as provided in Section 617.16 of Title 6 of the New York
Codes, Rules and Regulations, environmental assessment forms or statements,
notices of completion, draft and final environmental impact statements,
hearing records and written determinations in connection therewith
are public records.
[Amended 5-2-1983 by L.L. No. 1-1983]
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. After those dates, if a lead agency
modifies an action or an applicant requests modification of a previously
undertaken or approved action, the Agency may determine that the modification
shall be an action subject to this local law and Part 617 of Title
6 of the New York, Codes, Rules and Regulations.
This chapter supersedes the provisions of Local Law Nos. 1 and
5 of the year 1977, both of which are hereby repealed.
This chapter shall take effect immediately and shall apply to
all applications and proceedings now pending before the Town and all
of its departments, boards and agencies.
