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.
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:
A. 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
B. 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.
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.
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.