[HISTORY: Adopted by the Town Board of the Town of Royalton 5-4-1981 by L.L. No. 1-1981. Amendments noted where applicable.]
Zoning — See Ch. 200.
The purpose of this chapter is to implement for the Town of Royalton the State Environmental Quality Review Act to provide for a review of actions which may have a significant effect on the environment.
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 Article 8 of the Environmental Conservation Law of the State of New York and Part 617 of Title 6 of the Official compilation of Codes, Rules and Regulations of the State of New York, as the same may from time to time be amended and revised.
As used in this chapter, the following terms shall have the meanings indicated:
- 6 NYCRR
- Title 6 of the official compilation of Codes, Rules and Regulations of the State of New York.
- Environmental assessment form.
- Environmental impact statement.
- ENVIRONMENTAL QUALITY REVIEW OFFICER
- The Zoning Enforcement Officer of the Town of Royalton or such other department, board, commission, officer or employee as may from time to time be determined by resolution of the Town Board.
- PART 617
- The rules and regulations set forth in Part 617 of 6 NYCRR.
- The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.
- The Town of Royalton.
- TOWN AGENCY
- Any agency of the Town of Royalton, including the Town Board, Zoning Board of Appeals, Planning Board, and any other board, district, commission, or governing body of the Town of Royalton.
No decision to carry out or approve an action, other than an exempt, excluded or Type II action, shall be made by the Town Board or other Town agency, Town officer, or employee thereof until there has been compliance with the requirements of Part 617 of Title 6 NYCRR, to the extent applicable, and this chapter; provided, however, that nothing herein shall be construed as prohibiting either:
The conducting of contemporaneous environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action provided those activities do not commit the agency to commence, engage in or approve such action; or
The engaging in the review of any part of an application to determine compliance with technical requirements, provided that no such determination shall entitle or permit the applicant to commence the action until all requirements of Part 617 of Title 6 NYCRR have been fulfilled.
Consistent with Part 617 of Title 6 NYCRR and the criteria therein, as the same may be from time to time amended and provided, all Section 617.4 of Title 6 NYCRR as Type I actions, are deemed likely to have a significant effect on the environment.
Consistent with Part 617 of Title 6 NYCRR and the criteria therein, as the same may be from time to time amended and revised, all actions listed in Sections 617.5 of Title 6 NYCRR as Type II actions and the following actions in addition to those listed under said section as amended and revised are classified as Type II actions which are deemed not to have a significant effect on the environment:
The issuance of building permits pursuant to Chapter 20, Zoning, of the Town of Royalton.
The maintenance, clearing, and cleaning of ditches and drainage systems within the Town which are in existence as of the date of this chapter.
The review and approval by the Town of Royalton Planning Board of proposed subdivisions which do not fall within the category of actions specifically listed in Part 617 as Type I actions.
The granting by the Town of Royalton Zoning Board of Appeals of variances and temporary conditional use permits, unless the application before such Board involves an action listed in Part 617 as a Type I action.
The granting of zoning changes at the request of applicants for actions that do not meet any of the thresholds given in Part 617 of Title 6 NYCRR as Type I actions.
The extension of water and sewer lines within water and sewer districts in existence as of the date of this chapter.
Routine operation and maintenance programs on existing public service facilities.
Emergency repairs and/or improvements to existing public service facilities.
Installations of drain pipes in ditches paralleling Town roads to improve drainage from and afford access to abutting properties.
Installation of new or relocation of existing hydrants on water lines to improve fire-protection capabilities.
Operation, maintenance, and funding of existing recreational facilities within the limits of the annual budgeted funds.
Authorization for the installation of streetlights within existing rights-of-way as deemed necessary by the Town Board.
The acquisition, sale, lease or other transfer of less than 100 continuous acres of land by the Town of Royalton.
The acquisition of land by the Town of Royalton for, and construction and maintenance of recreational facilities, provided that the construction of such facilities does not constitute an action listed in Part 617 as a Type I action.
Consistent with Part 617 and the criteria therein, the lists in this section are not all inclusive. The respective Town agencies, with the assistance of the Environmental Quality Review Officer, shall determine the significance with respect to actions not listed in this section pursuant to the criteria set forth in Part 617 of Title 6 NYCRR.
For the purpose of assisting in the determination of whether an action may or will not have a significant effect upon the environment, an environmental assessment form (EAF) shall be available to Town agencies and applicants for permits and other approvals. The EAF shall be compiled according to such format as may be prescribed from time to time by the Town Environmental Quality Review Officer with the approval of the Town Board. It shall be devised so that, when properly completed, it shall contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment, including land, air, water, minerals, flora, fauna, noise, objects of historical or aesthetic significance, existing patterns of population concentration, distribution or growth, and existing community or neighborhood character.
An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Town in connection with any Type I action such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long from may be prepared to facilitate a preliminary determination of environmental significance.
An application for a permit or other approval or funding of a Type I action shall be accompanied by an EAF, and for an unlisted action may be accompanied by such a short or long form EAF, as the Environmental Quality Review Officer may deem to be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF, the Town Board or other lead Town agency having authority to adopt its own regulations may adopt different procedures for reviewing environmental significance of unlisted actions. The lead agency shall make a preliminary determination of environmental significance of the action on the basis of the EAF, draft EIS or with respect to unlisted actions in accordance with its own procedures, as the case may be, and such other information as it requires. Such determination shall be made within 15 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions, any determination of non-significance shall be noticed and filed as provided in Section 617.12; for unlisted actions, any determination of non-significance shall be sent to the applicant and maintained in accordance with the applicable provisions of Part 617 [See 617.8]. After a determination of non-significance, the action, including one involving a permit, approval or funding, shall be processed without further regard to SEQR, Part 617 or this chapter.
The time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental non-significance is rendered, or if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed as provided in Part 617.9, 617.11 and 617.12. Commencing with the acceptance of the draft EIS, the time limitation for processing the EIS shall run concurrently with the time limitations applicable to processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, may be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Part 617.6, 617.7 and 617.8. The Environmental Quality Review Officer shall act as the intake officer for lead agency determination. He shall assist agencies and applicants to identify other agencies, including section and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The Environmental Quality Review Officer shall make recommendations on the designation of a lead agency and he shall otherwise be of assistance to the Town agencies in implementing the provisions of SEQR.
Environmental review of actions involving a federal agency shall be processed in accordance with Part 617.15.
The fees for review (or to the extent prepared by the Town agency, for preparation) of an EIS involving an applicant for approval or funding of an action shall be fixed from time to time by a resolution of the Town Board. Such fees shall reflect the actual costs to the agency based on the criteria set forth in Part 617.13.