Town of Fabius, NY Chapter 48 Environmental Quality Review

[HISTORY: Adopted by the Town Board of the Town of Fabius 5-4-1977 by L.L. No. 1-1977. Amendments noted where applicable.]

§ 48-1 Purpose and authority.

A. The purpose of this chapter is to establish such additional procedures as are necessary for the implementation of the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law (hereinafter referred to as the "Act") by the Town of Fabius (hereinafter referred to as the "municipality"). Procedures applicable to actions of the municipality are also contained in the Act and in 6 NYCRR 617.

B. In meeting its various objectives, the municipality seeks to strike a suitable balance among competing social, economic and environmental factors. It is the intention of this chapter that social, economic and environmental factors be incorporated in the decisionmaking process of the municipality. It is not the intention of this chapter that environmental factors be the sole consideration in the municipality's decisionmaking.

C. The authority for the adoption of this chapter is contained in § 8-0113(3) of the Act and in 6 NYCRR 617.10.[1]

[1] Editor's Note: See 6 NYCRR 617.1.

§ 48-2 Definitions.

A. Unless the context otherwise requires, the definitions contained in § 8-0105 of the Act and in 6 NYCRR 617.13[1] shall be applicable to this chapter with the exception of the following terms:

APPLICANT

Any person making an application or other request for action by the municipality.

EXEMPT ACTION

Those actions enumerated in § 8-0105(3) of the Act and in 6 NYCRR 617.13(h),[2] and those actions listed in § 48-11B of this chapter.

MINISTERIAL ACTION

An act performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action although the law may require in some degree a construction of its language or intent, including all actions listed in § 48-11C of this chapter.

[1] Editor's Note: See now 6 NYCRR 617.2.

[2] Editor's Note: See now 6 NYCRR 617.5(c).

B. The following additional definitions shall be applicable to this chapter:

ACT

The State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and any amendments thereto.

COMPLETE APPLICATION

An application which, in the judgment of the municipality, contains sufficient information on which to make a decision whether or not to approve or tentatively approve an action, and shall include the filing of all applications to the municipality associated with the proposed action that are, in the judgment of the municipality, required, unless, in the judgment of the municipality, such filing is not feasible or appropriate given the nature of the action or such failure to file all such applications at the same time will not preclude adequate reviews by the municipality. The municipality may at any time in its discretion cease the processing of an application that is not a complete application.

DRAFT EIS

Draft environmental impact statement.

EIS

Environmental impact statement as defined in the Act. An EIS may either be a "draft" or be "final."

ENVIRONMENTAL ASSESSMENT

A written statement setting forth the name of the applicant, the location of the real property affected, (if any) and a description of the proposed action and of the effects of the proposed action upon the environment in sufficient detail to enable the municipality to determine: i) whether the proposed action constitutes an exempt action, a ministerial action or a Type II action; ii) whether the proposed action may (or will not) have a significant effect on the environment; and iii) which other agencies, including federal agencies, have jurisdiction over the proposed action or any part thereof and whether or not the municipality is the lead agency with respect to the proposed action. The Environmental Assessment shall be in such form as the governing body of the municipality (or the appropriate department, board of commission having jurisdiction over the action) shall prescribe by resolution, and shall contain such additional relevant information as shall be required in the prescribed form.

ENVIRONMENTAL IMPACT REPORT

A written description and analysis of the environmental impact and effect of an applicant's proposed project or activity which addresses in detail all factors required to be considered in an EIS by the Act and by 6 NYCRR 617, as well as such other information as may be necessary for compliance with this chapter and 6 NYCRR 617.

FINAL EIS

Final environmental impact statement.

MUNICIPALITY

The Town of Fabius, a municipal corporation of the State of New York, and all appropriate departments, boards, commissions, officers and employees of the Town of Fabius having jurisdiction over any action subject to this chapter.

PRINCIPAL OFFICE OF THE MUNICIPALITY

The Fabius Firehall, located in the Town of Fabius, New York.

SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT

A written description and analysis of the environmental impact and effect of an applicant's proposed project or activity which addresses in detail or responds to any and all comments received on the draft EIS and at the hearing held for the applicant's proposed project or activity.

TYPE II ACTION

The actions or clauses of actions which have been determined not to have a significant effect on the environment and which are not subject to this chapter, including all those actions or classes of actions listed in § 48-11D of this chapter.

§ 48-3 Applicability and general rule.

A. All actions of the municipality shall be fully subject to this chapter except actions undertaken or approved prior to the effective date of this chapter, exempt actions, ministerial actions, Type II actions and actions which are a part of, and in compliance with, a broad program of the municipality which has been the subject of a single final EIS. This chapter shall not apply to actions by private persons where no non-ministerial action of the municipality is involved. These regulations are intended to cover only actions of the municipality or actions which must be approved, funded or otherwise acted upon by the municipality.

B. No final decision to carry out or approve an action which may have a significant effect on the environment shall be made by the municipality until after the filing of a final EIS for such action and until the municipality has made the decisionmaking findings as are required in § 48-9 of this chapter and, in the case of an applicant, all requisite fees and costs have been paid by the applicant as provided in §§ 48-4F and 48-10 of this chapter.

§ 48-4 Responsibility of applicants.

A. Each applicant to the municipality shall submit to the municipality as part of the application an environmental assessment together with all drawings, sketches, maps and other relevant explanation material deemed relevant by the municipality.

B. Where appropriate, the applicant shall, in his environmental assessment of the proposed action, include a concise statement of the reasons why, in his judgement, the proposed action will (or will not) require the preparation of an EIS.

C. If, in the judgement of the municipality, the information provided in the environmental assessment is insufficient to permit the municipality to make the determinations enumerated in Subsection A hereof, the applicant will be required to furnish such additional information on the proposed action as the municipality shall deem necessary or desirable to permit the making of such determinations. An application shall be deemed incomplete until such information is furnished.

D. As provided in § 48-5D of this chapter, the municipality may request an applicant to prepare a draft EIS and may require an applicant to submit environmental impact reports and supplemental environmental impact reports.

E. An application, environmental assessment, draft EIS, environmental impact report or supplemental environmental impact report shall be deemed completed only when approved as to form and content by the municipality.

F. The submission by an applicant of an application shall be deemed the contractual obligation of the applicant to pay all fees and costs allocable to such application as are allowable by this chapter. No contract, grant, subsidy, loan or other form of funding assistance or permit, lease, license, certificate or other action shall be made, granted or issued by the municipality until all fees due under this chapter from the applicant shall have been paid.

G. Applicants should consider the environmental impacts of proposed actions and alternatives at the earliest possible point in their planning processes and should develop, wherever possible, measures to mitigate or avoid adverse environmental impacts.

§ 48-5 Procedures prior to draft EIS preparation.

A. Actions involving applicant. Within 15 calendar days after the submission of a complete application and environmental assessment by an applicant, the municipality shall determine whether the proposed action is an action subject to this chapter pursuant to § 48-3 hereof and, if subject to this chapter, whether the proposed action may or will not have a significant effect upon the environment. The municipality may hold informal meetings with the applicant for the purpose of aiding it in making such determination. Written notification of the municipality's determination will be given to the applicant.

B. Municipality actions. As early as possible in the formation of a proposal for an action to be undertaken by the municipality, the municipality shall ascertain whether the proposed action is subject to this chapter pursuant to § 48-3 hereof and, if subject to this chapter, whether the proposed action may or will not have a significant effect upon the environment.

C. Negative declaration. If the municipality determines that a proposed action is subject to this chapter pursuant to § 48-3 hereof and will not have a significant effect on the environment, the municipality shall prepare, circulate, file and make available for public inspection a negative declaration as provided in Subsection F and G hereof. In addition, the municipality shall prepare, file and make available for public inspection in its principal office a statement setting forth the reasons supporting its determination. Upon such filing and circulation of the negative declaration, and upon the expiration of the ten-day period set forth in Subsection G hereof, the municipality shall have no further obligation with respect to this chapter and may undertake such action. If the municipality receives written comments upon a negative declaration, the municipality may review its previous determination that such action will not have a significant effect on the environment.

D. Determination of significant effect. If the municipality determines that a proposed action: 1) is subject to these regulations pursuant to § 48-3 hereof; 2) may have a significant effect on the environment; and 3) does not involve other agencies, the municipality shall immediately prepare, circulate, file and make available for public inspection a notice of such determination as provided in Subsection F and G hereof and, in the case of an action involving an applicant, shall immediately and in writing request the applicant to prepare a draft EIS on the proposed action. As soon as possible thereafter, the applicant shall notify the municipality in writing whether it will prepare the draft EIS or whether it wishes the municipality to prepare it. The municipality may prepare or cause to be prepared a draft EIS for an action involving an applicant only when practicable considering existing staff and resources and when the public interest will thereby be served, but in no event shall the municipality commence or cause to be commenced the preparation of such draft EIS until the applicant shall have submitted a completed environmental impact report which analyzes in detail all factors required to be considered in an EIS by the Act and by 6 NYCRR 617. The applicant shall, on request of the municipality, submit such other information as may be necessary for full compliance with this chapter. In addition, the municipality may require an applicant to prepare a supplemental environmental impact report which responds in detail to any and all comments received by the municipality with respect to a draft EIS or at any hearing held on the proposed action involving the applicant.

E. Actions involving more than one agency. If the municipality determines that a proposed action is subject to these regulations pursuant to § 48-3 hereof; may have a significant effect on the environment; and involves more than one agency, the municipality shall immediately prepare, circulate, file, and make available for public inspection a notice of such determination as provided in Subsections F and G hereof and shall immediately notify such other involved agencies, including federal agencies, of such determination, request the coordination of reviews by the agencies, and initiate steps to determine the lead agency in accordance with 6 NYCRR 617.4.[1] If it is determined that the municipality is the lead agency, the municipality shall follow the procedures set forth in Subsection D of this section. If it is determined that the municipality is not the lead agency, the municipality shall have no further obligation with respect to this chapter except to provide its views where appropriate and, to the extent practicable, provide appropriate technical analysis and support and to make the written decisionmaking findings required by section 9 hereof after the filing of a final EIS for the proposed action by another agency. Upon making said decision-making findings in accordance with § 48-9 hereof, the municipality may undertake such action.

[1] Editor's Note: See now 6 NYCRR 617.6.

F. Contents of negative declarations and notices of determinations. All negative declarations and notices of determinations shall contain the following:

(1) An action identifying number or name;

(2) A brief description of the proposed action;

(3) The general location of the proposed action;

(4) In the case of a negative declaration, a statement that the municipality has determined that the proposed action will not have a significant effect on the environment; and

(5) In the case of a notice of determination, a brief description of the possible significant effects of the proposed action.

G. Filing negative declarations and notices of determinations.

(1) All negative declarations and notices of determination shall be circulated, filed and made available for public inspection as follows:

(a) With the Commissioner of Environmental Conservation;

(b) With the appropriate regional office or offices of the Department of Environmental Conservation; and

(c) With the Town Clerk of the Town of Fabius.

(2) In addition, the municipality shall give public notice of the filing of such determination by maintaining the up-to-date files required by Subsection H hereof and shall further cause a copy of such notice to be posted on a signboard maintained by the municipality which notice shall state that the municipality will review all written comments on such determination received in writing within 10 days of the posting and filing of such notice at the principal office of the municipality.

H. The municipality shall maintain files open to public inspection at its principal office of all negative declarations and notices of determinations prepared pursuant to this § 48-5.

§ 48-6 Draft EIS procedure.

A. Should the municipality determine that the proposed action may have a significant effect on the environment, and should the municipality be the lead agency or the only agency involved, the municipality shall, as provided in § 48-5 hereof, request the applicant to prepare a draft EIS, or shall prepare a draft EIS, as the case may be. Such draft EIS shall conform to the requirements of 6 NYCRR 617.6.[1]

[1] Editor's Note: See now 6 NYCRR 617.9.

B. Upon the completion of a draft EIS, the municipality shall issue a notice of completion which shall contain the following:

(1) An action identifying number or name;

(2) A brief description of the action covered by the draft EIS and the location thereof and of its potential impacts and effects;

(3) A statement indicating where copies of the draft EIS are available for review and how copies of the draft EIS may be obtained from the municipality; and

(4) A statement that comments on the draft EIS is requested and will be received and considered by the municipality at its principal office for a period of not less than 30 calendar days from the first filing and circulation of said notice pursuant to Subsection C of this section or not less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered.

C. The notice of completion shall be sent to all other agencies involved in the proposed action, all persons who have requested such notice, the editor of the State Bulletin, the State Clearinghouse and the relevant regional clearinghouse designated under Federal Office of Management and Budget Circular A-95.

D. Copies of all notices of completion and draft EIS shall be available to the public and shall be filed as follows:

(1) One copy with the Commissioner of Environmental Conservation;

(2) One copy with the appropriate regional office of the Department of Environmental Conservation; and

(3) One copy with the Town Clerk of the Town of Fabius.

E. Upon the completion of a draft EIS, the municipality shall determine whether or not to conduct a public hearing thereon. Under no circumstances shall a public hearing be mandatory, but may be held at the sole discretion of the municipality. In making this determination, the municipality shall consider the requirements for hearings specified in other statutes or regulations, the degree of interest shown or anticipated on the part of the public or other agencies, the magnitude of the action and its effect, and the extent to which a public hearing can aid the municipality's decision-making by providing a forum for, or an efficient mechanism for the collection of, public comment. If it is determined to hold a public hearing, such hearing shall be conducted, to the degree practicable, in accordance with the provisions of 6 NYCRR 617.7(g),[2] consistent with hearing requirements under other laws, rules, regulations or procedures.

[2] Editor's Note: See now 6 NYCRR 617.8.

F. If, during the preparation of a draft EIS, after receipt of comments on the draft EIS or after any public hearing thereon, the municipality determines that the proposed action which is the subject of said draft EIS will not have a significant effect on the environment, the Issuer shall file and give notice of such determination in accordance with the provisions of § 48-5G hereof. Upon such filing and notice, the municipality shall have no further obligation with respect to this chapter and may undertake such action.

G. The municipality shall maintain files open to public inspection at its principal office of all notices of completion of draft EIS, notices of public hearings thereon and draft EIS prepared at its request by an applicant or which it has prepared or caused to be prepared pursuant to this § 48-6.

§ 48-7 Final EIS procedure.

A. If, after the completion of the draft EIS, the receipt of comments thereon and the close of the public hearing (if any) held thereon, the municipality determines that the proposed action of the municipality may have a significant effect upon the environment, the municipality shall prepare or cause to be prepared a final EIS, and cause said final EIS to be filed, in accordance with the provisions of 6 NYCRR 617.6 and 6 NYCRR 617.7(h) and (i).[1] However, if the municipality requests an applicant to prepare a supplemental environmental impact report as provided in § 48-5D hereof, the municipality shall not commence preparation of the final EIS nor cause its preparation to be undertaken until a completed supplemental environmental impact report is received.

[1] Editor's Note: See now 6 NYCRR 617.12.

B. Upon completion of the final EIS, the municipality shall prepare a notice of completion of a final EIS in the same form as is required for a notice of completion of a draft EIS pursuant to § 48-6B hereof [except that the notice will not contain the statement described in§ 48-6B(4)], and the municipality shall send and file said notices of completion of the final EIS in the same manner as is required for circulating and filing notices of completion of the draft EIS pursuant to § 48-6C and D. Copies of the final EIS shall be filed in the same manner as is required for a draft EIS pursuant to § 48-6D hereof.

C. The municipality shall maintain files open to public inspection at its principal office of all final EIS and notices of completion for all final EIS prepared at its request by an applicant or which it has prepared or caused to be prepared.

§ 48-8 Actions involving federal participation.

A. Effect of federal action.

(1) If an action under consideration by the municipality may involve "major federal action significantly affecting the quality of the human environment (hereinafter called "federal action") under the National Environmental Policy Act of 1969 (hereinafter called "NEPA") and where there has been duly prepared under NEPA both a draft environmental impact statement and a final environmental impact statement for said action, the municipality shall have no obligation with respect to these regulations except that:

(a) Compliance with the Act shall be coordinated with and made in conjunction with federal requirements in a single environmental reporting procedure and the municipality shall make and file, in accordance with § 48-9 hereof, the findings required by Subdivision 8 of § 8-0109 of the Act; or

(b) Where the municipality did not participate in the preparation of the statements (or submit material relating thereto) prepared pursuant to the requirements of NEPA, such federal statements shall be supplemented by a description of any growth-inducing aspects of the proposed action and a discussion of the effects of the proposed action on the use and conservation of energy; and

(2) Upon making the decisionmaking findings in accordance with § 48-9 hereof as provided in Subsection A(1) above, or upon the supplementation of said statements as provided in Subsection A(2) above, the municipality may undertake such action.

B. If an action under consideration by the municipality involves federal action and a written threshold determination that the action will not require a federal impact statement, or a negative declaration has been duly prepared pursuant to NEPA, the municipality shall have no obligation with respect to these regulations provided the municipality, pursuant to the provisions of § 48-5C hereof, makes a determination that the proposed action will not have a significant effect on the environment and prepares, circulates, files and makes available for public inspection a negative declaration as provided in § 48-5F and G hereof.

§ 48-9 Decisionmaking findings.

A. Before the municipality decides to carry out or approve an action which may have a significant effect upon the environment, the municipality shall file and consider a final EIS and shall make the following findings in a written determination:

(1) That the municipality to the maximum extent practicable has acted and chosen an alternative, from among the reasonable alternatives thereto, which, consistent with social, economic and other essential considerations of state policy, minimizes or avoids adverse environmental effects, including effects revealed in the relevant environmental impact statement; and

(2) That consistent with social, economic and other essential considerations of state policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

B. The decisionmaking findings shall be made in a separate statement, and the municipality shall file a copy of its findings in the same manner as the draft EIS is filed pursuant to § 48-6D hereof. The municipality shall maintain a complete file of such written findings which shall be open to the public at its principal office.

C. When the municipality is the lead agency, its decision whether or not to carry out an action which has been the subject of a final EIS shall be made within 30 calendar days of the filing of a final EIS.

D. At the option of the municipality, no final decision to approve or disapprove an action that may have a significant effect on the environment and which involves an applicant shall be made until all required fees have been paid by the applicant to the municipality.

§ 48-10 Fees.

A. Initial environmental fee. Every application to the municipality shall be accompanied by an initial environmental fee of $25 to help defray the expenses incurred by the municipality in determining whether or not the requested action requires the preparation of an environmental impact statement.

B. Additional environmental fees:

(1) General. In all cases where the municipality determines that the action requested by an applicant requires the preparation of an EIS, the applicant will be required to pay all costs i) of publishing or filing any notices required by this chapter; ii) incurred in reviewing any EIS prepared by the applicant; iii) incurred in conducting public hearings in connection with said EIS. These costs shall include personal services of municipality employees computed at an hourly rate, fringe benefits attributable to such personal services, overhead attributable to such personal services, printing costs, stenographic costs and all other costs attributable to such publishing, filing or hearings.

(2) Cost of municipality preparation of EIS. The municipality shall prepare or cause to be prepared an EIS for a proposed action involving an applicant only where practicable considering existing staff and resources and when the public interest will be thereby served. In such cases, the municipality may charge a fee to the applicant for the preparation of such EIS. The fee charged shall be the entire cost to the municipality of such preparation. The costs shall include personal services of municipality employees computed at an hourly rate, fringe benefits attributable to such personal services, overhead attributable to such personal services plus any other costs attributable to EIS preparation or review.

(3) Deposit. In all cases when the municipality determines that any additional environmental fees are required pursuant to this Subsection B, the applicant shall be required to deposit the estimated amount of such additional environmental fees with the municipality in order for his application to be deemed a completed application.

C. Limitation on environmental fees. In no event shall the fees for EIS preparation and review exceed any limit contained in 6 NYCRR 617.11.[1]

[1] Editor's Note: See now 6 NYCRR 617.13.

D. Assistance to applicant. The technical services of the municipality may be made available on a fee basis reflecting the costs thereof to other agencies, and the fee charged to any applicant pursuant to this subsection may reflect such costs.

E. Fees for copies of filed documents. Copies of documents filed at the principal office of the municipality as provided herein shall be available to the public at a fee of $0.25 per page for each copy not exceeding 8 1/2 by 14 inches in size for reproduction made on copying machines, and a fee equal to the actual cost of materials and duplication for reproductions which cannot be made on a copying machine, including but not limited to large maps.

§ 48-11 Lists of actions.

A. General. The purpose of this section is to simplify the task of determining whether or not a proposed action will not have a significant effect upon the environment by identifying actions or classes of actions that are considered by the municipality to be exempt or ministerial actions and those which, in the judgement of the municipality, will not have a significant effect upon the environment. Because of the complex and varied nature of the municipality's actions, the lists in these appendices are not all-inclusive. The omission from the lists of an action does not mean that it is automatically an action requiring environmental impact statement preparation. The criteria set forth in 6 NYCRR 617.9 and criteria included in 6 NYCRR 617.12[1] and this chapter shall be used to determine significance with respect to actions not listed herein.

[1] Editor's Note: See now 6 NYCRR 617.7.

B. Exempt actions. The purpose of this Subsection B is to classify actions or classes of actions which the municipality has determined to be exempt actions under this chapter. Exempt actions include:

(1) Any act, decision, or commitment required to be made within a specific time set by federal law, rule, regulation or set by other federally imposed requirement where such time limit renders EIS analysis impossible.

(2) All maintenance and repair activities involving existing facilities and structures.

(3) All highway maintenance activities including, but not limited to:

(a) Pavement maintenance.

(b) Shoulder maintenance.

(c) Roadside maintenance.

(d) Maintenance of drainage systems.

(e) Maintenance of bridges.

(f) Snow and ice control.

(g) Equipment maintenance.

(h) Maintenance of traffic control.

(i) Maintenance of pavement markings.

(4) Actions necessitated by emergencies, including, but not limited to, cleanup of flood and storm damage and accident cleanup.

(5) Approval and execution of grants or contracts for the purchase of equipment which will be used in connection with existing facilities or structures.

(6) All ministerial actions, including those listed in Subsection C of this section of this chapter.

C. Ministerial actions. The purpose of this Subsection C is to classify actions or classes of actions which the municipality has determined to be ministerial actions under this chapter. Ministerial actions include:

(1) Any act, decision or commitment required to be made pursuant to preexisting contractual arrangements by which the municipality is bound.

(2) All enforcement actions commenced by or on behalf of the municipality against third parties to enforce compliance by such third party with any provision of any contract, law, rule, ordinance by which such third party is bound.

(3) Issuance of building permits.

(4) Issuance of marriage licenses.

(5) Issuance of dog licenses.

D. Type II actions. The purpose of this Subsection D is to classify actions or classes of actions which the municipality has determined not to have a significant effect upon the environment and which do not require environmental impact statements. Type II actions shall include:

(1) All actions designated as Type II actions in 6 NYCRR 617.12.[2]

[2] Editor's Note: See now 6 NYCRR 617.5.

(2) The operation, repair, maintenance or minor alteration of existing structures, facilities, mechanical equipment, land, land uses or topographical features involving no expansion of use beyond that previously existing.

(3) Replacement, restoration or reconstruction of existing structures or facilities to be located on substantially the same site and having substantially the same purpose or capacity as presently existing.

(4) Minor reconstruction of existing facilities and structures without making major expansion of said facilities or structures. These projects shall qualify as Type II only if the project requires:

(a) Less than a 50% expansion of said facilities, and

(b) No physical effect on unusual or unique areas, including federal or state registered historic sites and critical areas designated in 6 NYCRR 617.12 Type I(a)(22) and (23).[3]

[3] Editor's Note: See now 6 NYCRR 617.4.

(5) The construction and location of small new facilities or structures and the installation of minor new equipment and facilities, provided such construction or location has no physical effect on unusual or unique areas, including federal or state registered historic sites and critical areas designated in 6 NYCRR 617.12 Type I(a)(22) and (23).[4]

[4] Editor's Note: See now 6 NYCRR 617.4.

(6) The sale or disposal of land, structures, facilities or other property owned by the municipality.

(7) The execution of a lease for the use of property owned by the municipality where such lease provides for the use of the land and/or structures in their present condition.

(8) Preparing, establishing, maintaining, modifying and updating directives, rules, regulations, policies, procedures, guidelines which do not commit the municipality to undertake new programs and which do not involve a major reordering of priorities.

(9) The review of environmental impact statements prepared by others.

(10) Defining the scope of services, negotiating and executing contracts with consultants for professional services.

(11) The conduct, preparation or review of technical, engineering, economic, planning, environmental, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposal(s) for action(s) which do not otherwise commit the municipality to commence or engage in such action.

(12) Indicating conditional approval of an application, i.e., a general and preliminary expression of municipality assent that a project proposed by an applicant is feasible in light of environmental and statutory constraints. A conditional approval does not automatically assure final approval of a project, as final approval by the municipality of a project will be based on more complete and developed engineering and other planning details provided by the applicant at a later date. At the time of giving conditional approval to a project, the municipality may authorize the applicant to undertake technical, engineering, economic, planning, environmental, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposals for the action provided no such preliminary approval shall require the municipality to make any final decision with respect to such action unless and until the requirements of these regulations have been fulfilled.

(13) The issuance and approval of traffic ordinances and regulations and other legislation which does not have municipality wide effect.

(14) Planning, budgeting, cost estimation, preparation of work programs and other project process activities.

(15) The preparation and approval of documents certifying compliance with federal process requirements, preliminary to the formulation of proposal(s) for action(s).

(16) All routine administration, office, clerical, coordination, review and management activities of the municipality.

(17) Collective bargaining activities.

(18) The making of investments by or on behalf of the municipality.

(19) The preparation and/or execution of any purchase orders for materials, supplies or equipment.

(20) Training and training programs.

(21) Issuances of indebtedness.

§ 48-12 Effective date.

[Amended 2-6-1978 by L.L. No. 1-1978]

A. With respect to actions or classes of actions identified by the New York State Department of Environmental Conservation as likely to require the preparation of environmental impact statements and directly undertaken by the municipality, the requirement of an environmental impact statement pursuant to the provisions of this chapter shall take effect on June 1, 1977.

B. With respect to actions or classes of actions identified by the New York State Department of Environmental Conservation as likely to require the preparation of environmental impact statements and supported in whole or in part through contracts, grants, subsidies, loans or other forms of funding assistance from the municipality, and with respect to actions or classes of actions identified by the New York State Department of Environmental Conservation as likely to require the preparation of environmental impact statements and involving the issuance to a person of a lease, permit, certificate or other entitlement for use or permission to act by the municipality, the requirement of an environmental impact statement pursuant to the provisions of this chapter shall take effect on September 1, 1977.

C. With respect to all other actions not included in Subsections A and B of this section, the requirement of an environmental impact statement pursuant to the provisions of this chapter shall take effect on September 1, 1978.

D. This chapter shall not apply to actions undertaken or approved by the municipality prior to the date(s) specified in § 48-12 hereof; provided, however, that if after such date(s) specified in § 48-12 hereof, the municipality proposes to modify an action undertaken or approved prior to such date(s), which modification may have a significant adverse effect on the environment, such modification shall be an action fully subject to this chapter.