[HISTORY: Adopted by the Town Board of the Town of Lysander 4-7-1977 by L.L. No. 1-1977 (Ch. 63 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.
122.
Flood damage prevention — See Ch.
151.
Storm sewers — See Ch.
261.
Subdivision of land — See Ch.
270.
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:
TOWN
The Town of Lysander.
No decision to carry out or approve an action other than an action listed in §
137-3B hereof or Section 617.12 of Title 6 of 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
of Lysander 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.
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 following actions, in addition to those listed in Section 617.12
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,
the following actions, in addition to those listed in Section 617.12
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 Board, appropriate department, board, commission, officer
or employee having jurisdiction setting forth 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 it may have on
the environment. In addition, applicants may include a detailed statement
of the reason why, in their view, a proposed action may or will not
have 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 resolution by the Town Board, appropriate
department, board, commission, officer or employee having jurisdiction
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
explanatory material required by the Town Board, appropriate department,
board, commission, officer or employee having jurisdiction.
Upon receipt of a complete application and a statement, the
Town Board, appropriate department, board, commission, officer or
employee having jurisdiction shall cause a notice thereof to be posted
on the signboard, if any, of the Town maintained by the Town and may
also cause such notice to be published in the official newspaper of
the Town, if any, or in a newspaper having general circulation within
the Town describing the nature of the proposed action and stating
that written views thereon of any person shall be received by the
Town Board, appropriate department, board, commission, officer or
employee having jurisdiction no later than a date specified in such
notice.
A. The Town Board, appropriate department, board, commission, officer
or employee having jurisdiction shall render a written determination
on such application within 15 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 Board,
appropriate department, board, commission, officer or employee having
jurisdiction. The determination shall state whether such proposed
action may or will not have a significant effect on the environment.
The Town Board, appropriate department, board, commission, officer
or employee having jurisdiction may hold informal meetings with the
applicant and may meet with and consult any other person for the purpose
of aiding it in making a determination on the application.
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.
Every application for determination under this chapter shall
be accompanied by a reasonable fee set forth in this section to defray
the expenses incurred in rendering such determination. The fees shall
be as follows.
If the Town Board, appropriate department, board, commission, officer or employee having jurisdiction determines that the proposed action is not an exempt action, not an action listed in §
137-3B hereof or Section 617.12 of Title 6 of NYCRR as a Type II action and that it will not have a significant effect on the environment, the Town Board, appropriate department, board, commission, officer or employee having jurisdiction shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Town Board, appropriate department, board, commission, officer or employee having jurisdiction determines that the proposed action may have a significant effect on the environment, the Town Board, appropriate department, board, commission, officer or employee having jurisdiction 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 Board, appropriate department,
board, commission, officer or employee having jurisdiction shall,
in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(1) In the case of an action involving an applicant, 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; or
(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 Board, appropriate department, board, commission, officer
or employee having jurisdiction shall prepare or cause to be prepared
the draft environmental impact statement or, in its discretion, notify
the applicant that the processing of the application will cease and
that no approval will be issued. The Town Board, appropriate department,
board, commission, officer or employee having jurisdiction may require
an applicant to submit a fee to defray the expense to it of preparing
a draft environmental impact statement or reviewing same if it is
prepared by the applicant. Such fees shall be established by the Town
Board from time to time.
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 617.7(d) of Title 6 of NYCRR
shall be prepared, filed and circulated as provided in Section 617.7(e)
and (f) of Title 6 of NYCRR. In addition, it shall be published in
the official newspaper, if any, of the Town or, if none, a newspaper
having general circulation within the Town, 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 617.7(e) and (f) of Title
6 of NYCRR.
B. If the Town Board, appropriate department, board, commission, officer
or employee having jurisdiction 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, if any,
or, if none, in a newspaper having general circulation within the
Town at least 10 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 Board, appropriate department, board, commission, officer
or employee having jurisdiction 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 Board, appropriate department,
board, commission, officer or employee having jurisdiction 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 Board, appropriate
department, board, commission, officer or employee having jurisdiction
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 Board, appropriate department, board, commission, officer
or employee having jurisdiction may 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 Board, appropriate department, board, commission, officer or
employee having jurisdiction may extend this time as necessary to
complete the statement adequately or where problems identified with
the proposed action require material reconsideration or modification.
Where the action involves an application, such final environmental
impact statement shall be accompanied by the fee specified in this
section to defray the expenses of the Town in preparing and or evaluating
same. The fees therefor shall be determined from time to time by the
Town Board.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
137-10 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.
No decision to carry out or approve an action which has been
the subject of a final environmental impact statement by the Town
Board, appropriate department, board, commission, officer or employee
having jurisdiction or by any other agency shall be made until after
the filing and consideration of the final environmental impact statement.
Where the Town Board, appropriate department, board, commission, officer
or employee having jurisdiction 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 a Town Board, appropriate department, board, commission,
officer or employee having jurisdiction decides to carry out or approve
an action which may have a significant effect on the environment,
it shall make the following findings in a written determination:
A. Consistent with social, economic and other essential considerations
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.
B. All practicable 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 determinations prepared or caused to be prepared by the
Town Board, appropriate department, board, commission, officer or
employee having jurisdiction.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 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, however, that if after such dates a Town Board, appropriate
department, board, commission, officer or employee having jurisdiction
modifies an action undertaken or approved prior to that date and the
Town Board, appropriate department, board, commission, officer or
employee having jurisdiction 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.