Town of Oyster Bay, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 2-10-2004 by L.L. No. 4-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Department of Environmental Resources — See Ch. 4, Art. XIV.
Building construction — See Ch. 93.
Flood damage prevention — See Ch. 121.
Landmarks preservation — See Ch. 143.
Storage and handling of oil — See Ch. 154.
Shellfish and marine life — See Ch. 196.
Zoning — See Ch. 246.
110a Appendix A 110b Appendix B
[1]
Editor's Note: This local law also repealed former Ch. 110, Environmental Quality Review, adopted 3-29-1977 by L.L. No. 3-1977, as amended.

§ 110-1 Title.

This chapter shall be known as the "Environmental Quality Review Law of the Town of Oyster Bay."

§ 110-2 Declaration of policy.

It is declared to be the public policy of the Town of Oyster Bay to encourage productive and enjoyable harmony between people and their environment, to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources and to enrich the understanding of the ecological systems, natural, human and community resources important to the people of the Town of Oyster Bay and to join with private and other governmental authorities in those endeavors.

§ 110-3 Definitions.

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 NYCRR.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ASSISTANT DIRECTOR
Assistant Director of TEQR, who shall aid and advise the Director of TEQR in implementing the requirements and procedures of the Town environmental quality review process, and who shall act generally for and in place of the Director of TEQR.
COMMISSIONER
The Commissioner of the Department of Environmental Resources of the Town of Oyster Bay.
DIRECTOR OF TEQR
A designated official who shall act generally as an administrative designee of the Commissioner for the purpose of implementing the requirements and procedures of the Town environmental quality review process as described in this chapter and as otherwise set forth under Title 6 of NYCRR Part 617 and other applicable laws and regulations. The Director of TEQR shall be appointed by the Commissioner on the basis of his or her administrative experience and qualifications for the duties of such office and any additional standards as may be required by the Commissioner.
NYCRR
The State of New York Official Compilation of Codes, Rules and Regulations.
OTHER INVOLVED TOWN AGENCY
The decisionmaking division of the Town of Oyster Bay, other than the Town Board, having jurisdiction over an action.
TEQR
See "Town Environmental Quality Review."
TEQR STAFF
Individuals, including the Commissioner, the Director of TEQR, Assistant Director, and other personnel assigned by the Commissioner, who are responsible for undertaking the Town environmental quality review procedures as described in this chapter, and reporting their findings to the Town Board and other involved Town agencies for appropriate action by said Board and agencies.
TOWN
The Town of Oyster Bay.
TOWN ENVIRONMENTAL QUALITY REVIEW (TEQR)
The environmental review process, as promulgated though Title 6 of NYCRR of Part 617, and implemented in the Town of Oyster Bay pursuant to the requirements of this chapter.

§ 110-4 Duties of TEQR staff.

A. 
The TEQR staff is authorized to review, analyze, investigate and process all appropriate administrative and technical undertakings pertaining to the environmental impacts of applications presented for approval to the Town Board or to other involved Town agencies, and submit their reports, conclusions and recommendations thereon through the Commissioner to said Board or agencies, for their findings and determinations, all in accordance with Article 8 of the Environmental Conservation Law of the State of New York and with Part 617, Title 6, of NYCRR. Any modifications or amendments to such applications shall not be considered by the TEQR staff unless the agency having original jurisdiction in the matter has received said change and forwarded the same to the Commissioner for review.
B. 
In executing their duties and responsibilities pursuant to this chapter, the TEQR staff is specifically empowered to undertake field inspections, environmental testing, traffic studies, technical research, meetings and communications with any other involved agencies or interested parties, and any other actions deemed necessary to substantiate, verify, or augment any information that may be submitted by or on behalf of an applicant, as authorized by the Commissioner. In order to ensure the completeness and technical validity of the information at hand, the TEQR staff may employ the services of qualified consultants with expertise in the disciplines under investigation, at the direction of the Commissioner, subject to the issuance of prior authorization by the Town Board for the use of said consultants.

§ 110-5 Qualifying actions.

No decision to carry out, fund or approve any action by the Town Board or by any other involved Town agency shall be made 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 study and preliminary planning and budgetary processes necessary to the formulation of a proposal for actions which do not commit the Town to approve, fund 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.

§ 110-6 Type I and Type II actions.

A. 
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the actions listed in Appendix A attached hereto,[1] in addition to those listed in § 617.4 of Title 6 of NYCRR as Type I actions, are likely to have a significant effect on the environment.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
B. 
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the actions listed in Appendix B attached hereto,[2] in addition to those listed in § 617.5 of Title 6 of NYCRR as Type II actions, are deemed not to have a significant effect on the environment.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
C. 
Appendices A and B may be modified, amended or altered by Town Board resolution.

§ 110-7 Filing of environmental assessment form.

For the purpose of assisting in the review of whether an action may or may not have a significant effect on the environment, applicants for permits or other approvals shall, at the request of the Commissioner or Director of TEQR, or other member of the TEQR staff acting on behalf of the Commissioner or Director of TEQR, complete and file an environmental assessment form in accordance with prevailing law and rules and regulations. In addition, applicants may include a detailed statement of the reasons why, in their view, a proposed action may not or will not have a significant effect on the environment. The statement provided herein shall be upon a form prescribed by the Commissioner and shall contain such additional relevant information as shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material as may be requested by the TEQR staff.

§ 110-8 Fees.

A. 
Every application for determination under this chapter shall be accompanied by fees to defray the expenses incurred by the Town in completing the environmental review process necessary for rendering such determination, which fees and schedules thereto shall be established by the Commissioner, subject to approval by the Town Board via resolution. Said fees shall include, but not necessarily be limited to:
(1) 
Each environmental assessment form submitted for review pursuant to § 110-7 of this chapter.
(2) 
Environmental impact statement.
(a) 
Each environmental impact statement (EIS) prepared for an action proposed by an applicant that is issued a positive declaration pursuant to § 617.7 of Title 6 of NYCRR. In each such case, involving the preparation of an EIS, the applicant shall provide funds to the Town for deposit into a trust account (environmental review trust account), pursuant to the schedule and procedures established by the Town Board. The fees assessed against said trust account shall include the cost of outside consulting services to assist the TEQR staff with the preparation or review of the EIS, if such assistance is determined to be necessary by the Commissioner, as well as an administrative fee for the involvement of Town personnel.
(b) 
The environmental review trust account shall be established at the time of scoping, and shall be available for the Town's use for preparing a draft scoping document, reviewing a draft scoping document prepared by an applicant, amending or finalizing a scoping document based on comments received from involved agencies and interested parties, preparing for or participating in scoping meetings or hearings, and other activities as required to complete a final scoping document, pursuant to § 617.8 and § 617.13 of Title 6 of NYCRR. Said trust account shall continue to be available for the Town's use for preparing a draft EIS, final EIS, or findings statement, or reviewing a draft EIS or final EIS document submitted by the applicant, or undertaking any field inspections, environmental testing, traffic studies, technical research, meetings and communications with other involved agencies or interested parties, and any other actions deemed necessary by the Commissioner or the Director of TEQR to substantiate, verify, or augment any information that may be submitted by or on behalf of an applicant, or to assist the TEQR staff in completing any of the duties or responsibilities described elsewhere in this chapter.
(c) 
The maximum cumulative total of charges to an applicant for review of the EIS for a given application pursuant to the provisions of this chapter shall conform to the limits set forth under § 617.13 of Title 6 of NYCRR and other applicable laws and regulations.
B. 
Preapplication.
(1) 
If a project sponsor voluntarily requests technical input from the Town regarding a potential development proposal prior to the submission of a formal application, and prior to the initiation of the formal SEQRA process, said project sponsor shall be required to submit fees to defray the expenses incurred by the Town in providing such input. In each such case, the applicant shall provide funds to the Town for deposit into a trust account, pursuant to the schedule and procedures established by the Town Board. The fees assessed against said trust account shall include the cost of outside consulting services to assist the TEQR staff with the preparation or review of the EIS, if such assistance is determined to be necessary by the Commissioner, as well as an administrative fee for the involvement of Town personnel.
(2) 
During the preapplication phase of environmental review for a project, the trust fund shall be available for the Town's use for meetings and other discussions with the project sponsor and its representatives, review of preliminary plans, drawings and other materials, preliminary scoping for an EIS or other SEQRA documentation, and similar activities.
(3) 
If a decision is made not to pursue a given project that has been subject to preapplication review, the project sponsor shall submit correspondence to the Commissioner to that effect and requesting release of the remaining trust fund. In the absence of correspondence to the Commissioner requesting release of the remaining trust fund, said trust fund shall remain in place and shall be available for the Town's use during the subsequent SEQRA review process, in accordance with Subsection A immediately above, except that any expenditures accrued during the preapplication phase of the environmental review process shall not be counted toward the maximum allowed under § 617.13 of Title 6 of NYCRR.

§ 110-9 Processing.

A. 
If it is determined that the proposed action is exempt, excluded or Type II, such classification shall be filed in the office of the Town Board or other involved Town agency, and thereafter, the action may be processed without further application of this chapter, as amended.
B. 
Those actions deemed Type I or unlisted shall be processed in accordance with § 617.6 (initial review of actions), 617.6 and 617.7 (establishment of lead agency and determination of significance) and 617.8 (scoping) of 6 of NYCRR, Part 617.
C. 
When it is determined that a proposed action may have a significant effect on the environment, the Town Board or other involved Town agency shall, with appropriate input and assistance from the TEQR staff, prepare such determination and cause it to be filed and circulated as provided in § 617.12(b) of Title 6 of NYCRR. Thereafter, the action shall be processed in accordance with § 617.8 and 617.9(a) of Part 617 of Title 6 of NYCRR.
D. 
After the determination that an environmental impact statement is required is made by the Town Board or other involved Town agency, the applicant has the following options:
(1) 
To request that the draft environmental impact statement be prepared by the Town Board or other involved Town agency. In such cases, the applicant will be charged a fee for the preparation of the draft environmental impact statement.
(2) 
To prepare the draft environmental impact statement.
E. 
If the applicant does not request the Town Board or other involved Town agency to prepare the draft environmental impact statement and does not prepare the draft environmental impact statement himself or herself, the application shall be withdrawn.
F. 
When the Town Board or other involved Town agency has determined that a draft environmental impact statement is adequate for public review, said Board or agency, with appropriate input and assistance from the TEQR staff, shall prepare and file a notice of completion. The notice shall contain the information specified by § 617.12(a) of Title 6 of NYCRR and shall be filed and circulated as provided in § 617.12(b) and 617.12(c) of Title 6 of NYCRR.
G. 
If it is determined that a public hearing shall be held on a draft environmental impact statement, notice thereof shall be filed and circulated in the same manner as the notice of completion and shall be published in the official newspapers of the Town at least 14 calendar 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 comments shall be received. The hearing shall commence no fewer than 15 calendar days nor more than 60 calendar days of the filing of the notice of completion for the draft environmental impact statement, except as otherwise provided where the Town Board or other involved Town agency, in consultation with the TEQR staff determines that additional time is necessary for satisfactory completion of the review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law.
H. 
The Town Board or other involved Town agency, acting in a capacity as lead agency pursuant to Title 6 of NYCRR Part 617, shall have the option of presiding over the conduct of any hearing prescribed hereunder and, as is practical and feasible, shall have the option of conducting any hearing prescribed hereunder concurrently with any other hearing that may be required under the law. For any hearing that is not presided over by the Town Board or other involved Town agency, the conduct of said hearing shall be presided over by the Commissioner, or his or her designee.
I. 
Except as otherwise provided herein, a final environmental impact statement shall be prepared in accordance with the provisions of Part 617 of Title 6 of NYCRR. Such statement shall be completed within 45 days after the close of any hearing or within 60 days after the filing of the draft environmental impact statement, whichever occurs last; provided, however, that the Town Board or other involved Town agency, in consultation with the TEQR staff; may extend the time when appropriate to complete the required statement or to resolve other issues identified with the proposed action.
J. 
A notice of completion of a final environmental impact statement shall be prepared, filed and distributed in the same manner as provided in Subsection F 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.

§ 110-10 Decisions.

A. 
Within 30 days of the filing of a final environmental impact statement, the Town Board or other involved Town agency shall, with appropriate input and assistance from the TEQR staff issue a written findings statement and thereafter shall make a decision on whether or not to approve, fund, or directly undertake the action which was the subject of the final environmental impact statement; provided, however, that such period may be extended for just cause.
B. 
The written findings statement shall include the items as contained in § 617.11(d) of Part 617 of Title 6 of NYCRR.
C. 
The findings statement shall be filed in accordance with § 617.12(b) and 617.12(c) of Part 617 of Title 6 of NYCRR.

§ 110-11 Records to be public.

The TEQR staff 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 thereon.

§ 110-12 Other agencies.

Where more than one agency is involved in an action, the procedures of § 617.6(b)(2) of Part 617 of Title 6 of NYCRR shall be followed.

§ 110-13 Prior actions.

Actions undertaken or approved prior to the date 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 agency having jurisdiction modifies an action undertaken or approved prior to that date and the Town Board or other involved Town agency, in consultation with the TEQR staff 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.