[HISTORY: Adopted by the Town Board of the Town of Kingsbury 7-9-1979 by L.L. No. 1-1979 (Ch. 43 of the 1983 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 § 617.2 of Part 617 of Title 6 of NYCRR, said Part
617 referred to herein as adopted September 1, 1978.
C.
A list of "ministerial acts" performed by Town employees are included herein under Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
No decision to carry out or approve an action, other than an action listed in § 120-3B hereof or § 617.13 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 § 617.12
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 § 617.13(d)
of the Title 6 of NYCRR as Type II actions, are deemed not to have
a significant effect on the environment:
(2)
General highway maintenance, including patching roads with blacktop
or emulsion, ditching, brush cutting, burning of brush, plowing snow,
salting of roads for ice control, using salt and calcium for road
stabilization and dust control.
(3)
Installing traffic control devices on existing streets.
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 Planning Board, 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 an environmental assessment form prescribed by resolution of
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 lead
agency.
A.
The Town lead agency shall render a written determination on such
application within 15 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 shall consider the criteria
enumerated in § 617.11 of Part 617 in making such a determination.
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.
If the Town lead agency determines that the proposed action is not an exempt action, not an action listed in § 120-3B hereof or § 617.13 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 § 617.10(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Town 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 § 617.10(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.
Following a determination that a proposed action may have a
significant effect on the environment, the lead agency shall proceed
as follows, in accordance with the provisions of Part 617 of Title
6 of NYCRR:
A.
Actions involving an applicant.
(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. If the applicant decides not to submit an environmental
impact report, the Town lead agency may prepare or cause to be prepared
the draft environmental impact statement or may terminate review of
the proposed action.
(2)
The Town lead agency will 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 in conformance with § 617.17 of
Part 617 of Title 6 of NYCRR. The applicant shall provide an estimate
of the project cost. Where the total project cost estimate exceeds
$100,000, elements of the cost estimate shall be certified by the
appropriate professionals (i.e., professional engineers, licensed
real estate appraisers, etc.).
B.
Other actions.
(1)
In the case of an action not involving an applicant, the lead agency
shall prepare a draft environmental impact statement.
(2)
Where a draft impact statement is required, the application for the
action shall be decreed incomplete until the draft impact statement
has been prepared, submitted, accepted and filed by the lead agency.
Upon completion of a draft environmental impact statement prepared
by or at the request of the lead agency, a notice of completion containing
the information specified in § 617.10(d) of Title 6 of NYCRR
shall be prepared, filed and circulated as provided in § 617.10(d).
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 § 617.10(e) of Title 6 of NYCRR.
If the Town 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 where a different
hearing date is required under other statutes which apply to the action
under review.
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. In
such a case, a negative declaration shall be issued in conformance
with § 617.10(b) of Part 617 of Title 6 of NYCRR.
A.
Except as otherwise provided herein, the lead agency shall prepare
or cause to be prepared a final environmental impact statement in
accordance with the provisions of §§ 617.8 and 617.14
of Part 617 of Title 6 of NYCRR; provided, further, that if the action
involves an application, the lead agency may request the applicant
to prepare the final environmental impact statement. Such final environmental
impact statement shall be prepared within 30 days after the close
of any hearing or within 45 days after the filing of the draft environmental
impact statement, whichever last occurs; provided, however, that 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 determined in conformance with § 617.17
of Part 617 of Title 6 of NYCRR.
B.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 120-8 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 lead agency
or by any other agency shall be made until after the filing and consideration
of the final environmental impact statement.
D.
In the case of an action involving an applicant, the lead agency's
decision on whether or not to approve an action which has been the
subject of a final environmental impact statement shall be made within
30 calendar days after the filing of the final environmental impact
statement except for good cause.
E.
No agency, whether lead agency or not, shall make a final decision
to commence, engage in, approve, conditionally approve or deny an
approval of an action that has been the subject of a final federal
or a final state environmental quality review environmental impact
statement until it has given consideration to the final environmental
impact statement; and:
(1)
In the case of a decision to commence, engage in, approve or conditionally
approve an action:
(b)
Prepared a written statement of the facts and conclusions relied
upon in the environmental impact statement supporting its decision
and indicating the social, economic and other factors and standards
which formed the basis of its decision.
(2)
In the case of a decision not to commence, engage in or approve an
action, it shall prepare a written statement of the facts and conclusions
relied on in the environmental impact statement or comments provided
in the review process supporting its decision.
F.
When a 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:
(1)
Consistent with social, economic and other essential considerations
from among the reasonable alternatives thereto, the action to be carried
out or approved is one which minimizes or avoids adverse environmental
effects to the maximum extent practicable, including the effects disclosed
in the relevant environmental impact statement.
(2)
Consistent with social, economic and other essential considerations
to the maximum extent practicable, adverse environmental effects revealed
in the environmental impact statement process will be minimized or
avoided.
(3)
Consistent with social, economic and other essential considerations,
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.
(4)
All practicable means will be taken in carrying out or approving
the action to minimize or avoid adverse environmental effects.
A.
For public information purposes, a copy of the determination shall
be filed and made available as provided in § 617.10 of Part
617 of Title 6 of NYCRR.
B.
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.
Where more than one agency is involved in an action, the procedures
of §§ 617.6 and 617.7 of Part 617 of Title 6 of NYCRR
and the appropriate section of this chapter shall be followed.
The Town Planning Board is herein designated as the Town lead
agency.
