[HISTORY: Adopted by the Town Board of the Town of Kinderhook 8-29-1977 by L.L. No.
5-1977 (Ch. 45 of the 1978 Code). 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 meanings
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.
B. As used
in this chapter, the following terms shall have the meanings indicated:
TOWN
The Town of Kinderhook.
No decision to carry out or approve an action, other than an action listed in §
122-3B or Section 617.5 of Title 6 of NYCRR as a Type II action, 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.
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.
A. Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.4
of Title 6 of NYCRR as Type I actions, are likely to have a significant
effect on the environment: none.
B. Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.5
of Title 6 of NYCRR as Type II actions, are deemed not to have a significant
effect on the environment: none.
[Amended 8-10-1998 by L.L. No. 6-1998]
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 lead agency, 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 lead agency 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 lead agency.
[Amended 8-10-1998 by L.L. No. 6-1998]
Upon receipt of a complete application and a statement, the
lead agency shall cause a notice thereof to be posted on the signboard,
if any, of the Town maintained by the Town and may also cause such
notice to be published in the official newspaper of the Town, if any,
or in a newspaper having general circulation within the Town, describing
the nature of the proposed action and stating that written views thereon
of any person shall be received by the lead agency no later than a
date specified in such notice.
A. The lead agency shall render a written determination on such application
within 45 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 lead agency. The determination shall state
whether such proposed action may or will not have a significant effect
on the environment. The lead agency 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.
[Amended 8-10-1998 by L.L. No. 6-1998]
B. The time limitations provided in this chapter shall be coordinated
with, to the extent practicable, other time limitations provided by
statute or local law, ordinance or regulation of the Town.
[Amended 12-14-1987 by L.L. No. 7-1987; 8-10-1998 by L.L. No. 6-1998]
Every application for determination under this chapter shall
be accompanied by a reasonable fee as set forth in the Town of Kinderhook's
Fee Schedule as adopted by the Town Board.
[Amended 8-10-1998 by L.L. No. 6-1998]
If the lead agency determines that the proposed action is not an exempt action, not an action listed in §
122-3B hereof or Section 617.5 of Title 6 of NYCRR as a Type II action, and that it will not have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in Section 617.12 of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the lead agency determines that the proposed action may have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in Section 617.12 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.
[Amended 12-14-1987 by L.L. No. 7-1987; 8-10-1998 by L.L. No. 6-1998]
A. Following a determination that a proposed action may have a significant
effect on the environment, the lead agency 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 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, prepare a draft
environmental impact statement.
B. If the applicant decides not to submit an environmental impact report,
the lead agency 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 lead agency may require an applicant to submit
a fee to defray the expense to it of preparing a draft environmental
impact statement or reviewing same if it is prepared by the applicant.
Such fees shall be determined as follows:
(1) Notwithstanding any other provisions of this chapter, there shall
be no fees charged to agencies or departments of the Town of Kinderhook.
(2) If the lead agency must prepare the draft environmental impact statement,
a fee shall be charged according to the fees set forth in Part 617
of Title 6 of NYCRR.
(3) If the applicant submits a draft environmental impact statement for
review, a fee of $150 shall be charged, and, if it is necessary for
the lead agency to retain the services of an outside consultant to
review the draft environmental impact statement, the applicant shall
pay the costs of the outside consultant according to the fees set
forth in Part 617 of Title 6 of NYCRR.
A. 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 617.12(a) of Title 6 of NYCRR
shall be prepared, filed and circulated as provided in Section 617.12(b)
and (c) of Title 6 of NYCRR. In addition, it shall be published in
the official newspaper, if any, of the Town, or, if none, a newspaper
having general circulation within the Town, and a copy thereof shall
also 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 617.12(b) and (c) of Title
6 of NYCRR.
B. If the lead agency 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, if any, or, if
none, in a newspaper having general circulation within 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 after the filing of the draft
environmental impact statement, except as otherwise provided where
the lead agency 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.
[Amended 8-10-1998 by L.L. No. 6-1998]
[Amended 8-10-1998 by L.L. No. 6-1998]
If, on 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.
[Amended 12-14-1987 by L.L. No. 7-1987; 8-10-1998 by L.L. No. 6-1998]
Except as otherwise provided herein, the Town 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 lead agency
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 in this section to defray the expenses of the lead
agency in preparing and/or evaluating same. The fee shall be determined
as follows:
A. Notwithstanding any other provisions of this chapter, there shall
be no fees charged to agencies or departments of the Town of Kinderhook.
B. If the lead agency must prepare the environmental impact statement,
a fee shall be charged according to Part 617 of Title 6 of NYCRR.
C. If the applicant submits an environmental impact statement for review,
a fee of $150 shall be charged, and, if it is necessary for the lead
agency to retain the services of an outside consultant to review the
environmental impact statement, the applicant shall pay the costs
of the outside consultant according to the fees set forth in Part
617 of Title 6 of NYCRR.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
122-10 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.
[Amended 8-10-1998 by L.L. No. 6-1998]
No decision to carry out or approve an action which has been
the subject of a final environmental impact statement by the lead
agency or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement. The
lead agency shall make a decision on whether or not to approve the
action within 30 days of the filing of the final environmental impact
statement.
A. When the lead agency 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:
[Amended 8-10-1998 by L.L. No. 6-1998]
(1) 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 minimizes or avoids adverse environmental effects, including
the effects disclosed in the relevant environmental impact statements.
(2) All practicable means will be taken in carrying out or approving
the action to minimize or avoid adverse environmental effects.
B. 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.
[Amended 8-10-1998 by L.L. No. 6-1998]
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
lead agency.
[Amended 9-14-1981 by L.L. No. 4-1981]
Where more than one agency is involved in an action, the procedures
of Sections 617.9 and 617.14 of Part 617 of Title 6 of NYCRR shall
be followed. When an action is to be carried out or approved by two
or more local agencies, the determination of whether the action may
have a significant effect on the environment shall be made by the
lead agency having principal responsibility for carrying out or approving
such action. In the event that there is a question as to which is
the lead agency, any agency may submit the question to the Town Board
of the Town of Kinderhook, and the Town Board shall designate the
lead agency, giving due consideration to the capacity of such agency
to fulfill the requirements of this chapter.
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 lead agency modifies
an action undertaken or approved prior to that date and the lead agency
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.