[HISTORY: Adopted by the Town Board of the Town of LaFayette 4-8-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
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 Article 8 of the Environmental Conservation
Law ("ECL") and Part 617 of Title 6 of the Official Compilation of
Codes, Rules and Regulations of the State of New York ("NYCRR"), as
now constituted or as may hereafter be amended. "Town" shall mean
the Town of LaFayette.
[Amended 12-8-2020 by L.L. No. 2-2020]
No decision to carry out, fund or approve a proposed action, other than an action exempt from Article 8 of the ECL or an action listed in § 153-4 of this chapter or in Section 617.5 of Title 6 of the NYCRR as a Type II action, shall be made by the Town Board or by any other board, agency, commission, officer or employee of the Town having jurisdiction over the proposed action unless and until there has been full compliance with all requirements of Article 8 of the ECL, Part 617 of Title 6 of the NYCRR and this chapter; provided, however, that nothing in this chapter shall be construed as prohibiting:
A.Â
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, provided
those activities do not commit the Town to commence, engage in, fund
or approve such action; or
B.Â
Engaging in 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 unless and
until all requirements of Article 8 of the ECL, Part 617 of Title
6 of the NYCRR and this chapter have been fulfilled.
[Amended 12-8-2020 by L.L. No. 2-2020]
For purposes of this chapter, Type I actions include all those
actions listed in 6 NYCRR 617.4, as amended.
[Amended 12-8-2020 by L.L. No. 2-2020]
For purposes of this chapter, Type II actions include all those
actions listed in 6 NYCRR 617.5, as amended.
For the purpose of assisting in the initial determination of
whether a proposed action may or will not have a significant effect
on the environment, applicants for permits or other approvals shall
file a written environmental report with the Town agency or official
hearing jurisdiction over the proposed action. This written report
shall be in accordance with all requirements of Article 8 of the ECL
and Part 617 of Title 6 of the NYCRR and shall include, without limitation,
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(s) it may have on the environment. In addition, applicants
shall 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 report
shall be filed simultaneously with the application for the action.
The report shall be accompanied by drawings, sketches and maps, and
any other relevant explanatory material required by the Town agency
or official having jurisdiction over the proposed action.
Upon receipt of a complete application and an environmental
report, the Town agency or official having jurisdiction over the proposed
action shall follow and comply with all requirements set forth in
Article 8 of the Environmental Conservation Law and Part 617 of Title
6 of the NYCRR, as now constituted or as may hereafter be amended.
