[HISTORY: Adopted by the Town Board of the Town of Colden 5-15-1980.[1] Amendments noted where applicable.]
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.
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:
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]
