Town of Schaghticoke, NY Chapter 61 Environmental Quality Review

[HISTORY: Adopted by the Town Board of the Town of Schaghticoke 7-9-1979 by L.L. No. 1-1979. Amendments noted where applicable.]

GENERAL REFERENCES

Conservation Advisory Council — See Ch. 7.

Flood damage prevention — See Ch. 69.

Freshwater wetlands — See Ch. 72.

Junkyards — See Ch. 78.

Landfills — See Ch. 82.

Mobile homes — See Ch. 89.

Subdivision of land — See Ch. 108.

§ 61-1 Purpose.

The purpose of this chapter is to implement for the Town of Schaghticoke SEQR and Part 617.

§ 61-2 Definitions.

A. Statutory terms. The terms and words used in this chapter shall have the same meaning as such terms and words are given in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning.

B. Definitions. As used in this chapter, the following terms shall have the following meaning:

EAF

Environmental assessment form.

EIS

Environmental impact statement.

PART 617

The rules and regulations set forth in 6 NYCRR 617.

SEQR

The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.

TOWN

The Town of Schaghticoke.

§ 61-3 Compliance required.

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 unless it has complied with SEQR, Part 617 to the extent applicable and this chapter.

§ 61-4 Procedure.

A. An EAF 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 EAF in short or long form may be prepared to facilitate a preliminary determination of environmental significance.

B. 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-form 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 Town Board or a lead agency having authority to adopt its own regulations may adopt different procedures 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 15 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 Part 617.10(b); for unlisted actions a determination of nonsignificance shall be sent to the applicant and maintained in accordance with Part 617.7(e) and 617.10(f). 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.

C. 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.