Town of Colden, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Colden 5-15-1980.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 26.
Flood hazard areas — See Ch. 52.
Fresh water wetlands — See Ch. 55.
Subdivision of land — See Ch. 92.
Zoning — See Ch. 108.
[1]
Editor's Note: This ordinance was originally adopted 5-12-1977 as an amendment to the Zoning Ordinance (see Ch. 108, Zoning). Said ordinance was readopted 5-15-1980 as a separate ordinance.
A. 
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 NYCRR.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
TOWN
The Town of Colden.
No decision to carry out or approve an action other than an action listed in § 43-4 hereof or Section 617.12 of Title 6 of NYCRR as Type II action, or an exempt or administrative action (6 NYCRR 617.13) shall be made by the Town Board or by any department, board, commission, officer or employee of the town until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of NYCRR; provided, however, that nothing herein shall be construed as prohibiting:
A. 
The conducting of 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
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 this chapter and Part 617 of Title 6 of NYCRR have been fulfilled.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of NYCRR as Type I actions, are likely to have a significant effect on the environment:
A. 
Actions defined in the Junkyard Ordinance of the Town of Colden.[1]
[1]
Editor's Note: See Ch. 67, Junkyards.
B. 
Actions defined in the Ordinance for the Protection of Freshwater Wetlands in the Town of Colden.[2]
[2]
Editor's Note: See Ch. 55, Freshwater Wetlands.
C. 
Actions defined in Section 16, Special Provisions for Flood Hazard Areas, of the Zoning Ordinance of the Town of Colden.[3]
[3]
Editor's Note: See now Ch. 52, Flood Hazard Areas.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of NYCRR as Type II actions, are deemed not to have a significant effect on the environment:
A. 
Construction or alteration of a single- or two-family residence and accessary apurtenant uses or structures not in conjunction with the construction or alteration of two or more such residences and not in one of the critical areas described in this section for Type I uses.
B. 
The extention of utility facilities to serve new or altered single- or two-family residence structures or to render services in approved subdivisions.
C. 
Construction or alteration of a store, office, or restaurant designed for an occupant load of 20 persons or less, if not in conjunction with the construction or alteration of two or more stores, offices or restaurants and if not in one of the critical areas described in Type I actions, and the construction of utility facilities to serve such establishments.
D. 
Actions involving individual set back in lot line variance and the like.
E. 
Agricultural farm managerial practices including construction, maintenance and repair of farm buildings and structures and land use changes consistant with general acceptible principles of farming.
F. 
Operation, repair and maintenance or minor alteration of existing structures, land uses and equipment.
G. 
Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 50% of its existing size, square footage or usage.
H. 
Repairing an existing highway not involving the addition of new travel lanes.
I. 
Street opening for the purpose of repairing or maintenance of existing utility facilities.
J. 
Mapping of existing roads, streets and highways, ownership patterns and the like.
K. 
Regulation activities not involving construction or changed land use relating to one individual business, institution or facility such as inspection testing, operating certification or licensing.
L. 
Sale of surplus government property other than land, radioactive materials, pesticides, herbicides or other hazardous materials.
M. 
Actions which are immediately necessary for the production or preservation of life, health, property or natural resources.
A. 
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 Town Clerk 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 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 Town Board 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 Town Board.
B. 
Upon receipt of a complete application for an activity other than those actions excluded in § 43-2 above, the Town Board shall refer the matter to the Conservation Board. Within 30 days from receipt of said application, the Conservation Board shall review said application and recommend to the Town Board whether the proposed action may or will not have a significant effect on the environment.
C. 
The Town Clerk shall cause a notice of said application to be posted on the sign board of the Town Hall and may also cause such notice to be published in the official newspaper of the town. Said notice shall describe the nature of the proposed action and shall state that written views thereon of any person shall be received by the Town Board no later than a date specified in such notice.
A. 
The Town Board shall render a written determination on such application with 15 days following receipt of the recommendation of the Conservation Board; provided, however, that such period may be extended by mutual agreement of the applicant and the Town Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Town Board 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. In the event that the Town Board makes a determination which is not consistent with the recommendation of the Conservation Board, then said written recommendation of the Town Board shall specifically state the reasons for not following the recommendations of the Conservation Board.
B. 
If the Town Board determines that the proposed action is not an exempt administrative action, not an action listed in § 43-4 hereof or Section 617.12 of Title 6 of NYCRR as a Type II action, and that it will not have a significant effect on the environment, the Town Board 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 this chapter.
C. 
If the Town Board determines that the proposed action may have a significant effect on the environment, the Town Board 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 this chapter 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 Town Board shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
(2) 
In the case of an action not involving an applicant, shall prepare a draft environmental impact statement. If the applicant decides not to submit an environmental impact report, the Town Board shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing of the application will cease and that no approval will be issued. The Town Board may require an applicant to submit a fee not to exceed $50 to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant.
B. 
Notice of completion; hearing.
(1) 
Upon completion of a draft environmental impact statement prepared by or at the request of the town, 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. A copy thereof shall be posted on the 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.
(2) 
If the Town Board 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 less than 15 calendar days nor more than 60 calendar days of the filing of the draft environmental impact statement, except as otherwise provided where the Town Board 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.
C. 
If, on the basis of a draft environmental impact statement or a public hearing thereon, the Town Board 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.
A. 
Except as otherwise provided herein, the Town Board shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 NYCRR; provided further that, if the action involves an application, the Town Board 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, the Town Board 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, the applicant shall pay a fee of $50 to defray the expense of the town in preparing and/or evaluating the same.
B. 
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 43-7B 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.
C. 
No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Town Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Town Board 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.
D. 
Written determination.
(1) 
When the Town Board 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) 
Consistent with social, economic and other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which would minimize or avoid 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.
(2) 
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.
A. 
The town shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the Town Board.
B. 
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.
C. 
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 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 Town Board modifies an action undertaken or approved prior to that date and the Town Board 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.[1]
[1]
Editor's Note: Original Section 18.10, which incorporated certain zoning provisions by reference and which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.