[HISTORY: Adopted by the Town Board of the Town of LeRoy 3-29-1977 by L.L. No.
1-1977. 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 NYCRR.
No decision to carry out or approve an action, other than an action listed in § 72-3B hereof or Section 617.5 of 6 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;
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.
A.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
the actions listed in Section 617.4 of Title 6 of NYCRR as Type I
actions are likely to have a significant effect on the environment.
B.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
actions 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.
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 Code Enforcement Officer, setting forth the name of
the application; 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 the Town Code Enforcement
Officer 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 material required by the Town Code Enforcement
Officer.
Upon receipt of a complete application and a statement, the
Town Code Enforcement Officer shall cause a notice thereof to be posted
on the signboard of the Town maintained by the Town and may also cause
such notice to be published in the official newspaper of the Town,
describing the nature of the proposed action and stating that written
views thereon of any person shall be received by the Town Code Enforcement
Officer no later than a specified date in such notice.
A.
The Town Code Enforcement Officer shall render a written determination
on such application within 20 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 Town Code
Enforcement Officer. The determination shall state whether such proposed
action may or will not have a significant effect on the environment.
The Town Code Enforcement Officer may hold informal meetings with
the applicant and may meet with and consult any other person for the
purpose of aiding him in making a determination on the application.[1]
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 Code Enforcement
Officer.
Every application under this chapter shall be accompanied by
a fee as set from time to time by resolution of the Town Board. In
addition, the applicant shall pay a reasonable fee, in accordance
with Title 6 of NYCRR, to defray expenses incurred in rendering such
determination.
If the Town Code Enforcement Officer determines that the proposed action is not an exempt action, not an action listed in § 72-3B 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 Town Code Enforcement Officer 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 Code Enforcement Officer shall,
in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(1)
In the case of an action involving an application, 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, prepare a draft
environmental impact statement.
B.
If the applicant decides not to submit an environmental impact report,
the Town Code Enforcement Officer shall prepare or cause to be prepared
the draft environmental impact statement or, in his discretion, notify
the applicant that the processing of the application will cease and
that no approval will be issued. The Town Code Enforcement Officer
may require an applicant to submit a fee to defray the expenses to
him of preparing a draft environmental impact statement or reviewing
the same if it is prepared by the applicant. Such fees shall be in
accordance with 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 617.8 of Title 6 of NYCRR shall
be prepared, filed and circulated as provided in Section 617.8 of
Title 6 of NYCRR, 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 617.8 of Title 6 of NYCRR.
B.
If the Town Code Enforcement Officer 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 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 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 Code Enforcement Officer 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.
If, on the basis of a draft environmental impact statement or
a public hearing thereon, the Town Code Enforcement Officer 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.
Except as otherwise provided herein, the Town Code Enforcement
Officer 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 Town Code Enforcement Officer shall 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, that the
Town Code Enforcement Officer may extend this time as necessary to
complete the statement adequately or where problems identified with
the proposed action require material reconsideration or modification.
Failure to complete the final environmental impact statement in agreed
time specified by above shall cause the Town Code Enforcement Officer
to notify the applicant that the application shall be considered withdrawn
and that no approval will be issued. Where the action involves an
application, such final environmental impact statement shall be accompanied
by the fee as set from time to time by resolution of the Town Board
to defray the expenses of the Town Code Enforcement Officer in evaluating
the same.
A notice of completion of a final environmental impact statement
shall be prepared, filed and 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.
No decision to carry out or approve an action which has been
the subject of a final environmental impact statement by the Code
Enforcement Officer or by any other agency shall be made until after
the filing and consideration of the final environmental impact statement.
Where the Town 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.
When the Town Code Enforcement Officer decides to carry out
or approve an action which may have a significant effect on the environment,
he shall make the following findings in a written determination:
A.
Consistent with social, economic and other essential consideration
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;
and
B.
All practical means will be taken in carrying out or approving the
action to minimize or avoid adverse environmental effects.
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.
The Town shall maintain files open for public inspection of
all notices of completion, draft and final environmental impact statements
and written determination prepared or caused to be prepared by the
Town Code Enforcement Officer.
Where more than one agency is involved in an action, the procedures
of Section 617.14 and 617.8 and 617.9 of Part 617 of Title 6 of NYCRR
shall be followed.
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 that if after such dates the Town Board modifies an action
undertaken or approved prior to that date and the Town Code Enforcement
Officer 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.
[Added 12-26-2019 by L.L. No. 3-2020]
The conditions set forth in this chapter result from consideration
of existing code, recommendations from Oatka Creek Watershed Management
Plans (2017), and recommendations set forth in Green Genesee/Smart
Genesee Plans (2015).
[Added 12-26-2019 by L.L. No. 3-2020]
To prevent unnecessary disturbance to natural areas, including
forests, streams, wetland, grasslands, and shrub lands. To preserve
a network of natural features in order to maintain and promote water
quality, diversity of plant and wildlife habitat, natural drainage,
aesthetics and natural character, and ecological resilience. It is
strongly recommended that local Planning and Municipal boards utilize
the Green Genesee Development Review Checklist and Definitions when
considering any development/land disturbance/building within an area
designated Ecological Network or Natural Asset Core.
[Added 12-26-2019 by L.L. No. 3-2020]
Green Genesee/Smart Genesee Base Maps.
[Added 12-26-2019 by L.L. No. 3-2020]
Any development of land or building permit issued, for property
located within an area designated Ecological Network or Natural Asset
Core within the Map, requires a stormwater pollution prevention plan
(SWPP) be submitted to the Planning Board for review. Such plan will
include erosion/sediment control.
[Added 12-26-2019 by L.L. No. 3-2020]
Any disturbance located within an area designated Ecological
Network or Natural Asset Core within the Map, requires natural conveyance
restoration whenever possible. Depending on the location and amount
of land to be disturbed, best management ditch maintenance practices,
maintaining vegetative buffers near waterbodies, and immediate seeding
of disturbed areas should be observed. Additionally, the Planning
Board shall review appropriate setbacks, prevention of animal water
runoff, and retention/detention ponds. The goal is to protect the
waterway or wetlands as best as possible. It is recognized that this
may result in alteration or rejection of the planned project/building.
