[HISTORY: Adopted by the Town Board of the Town of Perinton 3-9-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
A. 
This chapter shall be known as the "Environmental Review Ordinance."
B. 
This chapter is enacted pursuant to Article 8 of the New York Environmental Conservation Law and 6 NYCRR Part 617, State Environmental Quality Review (SEQR) regulations.
C. 
The basic purpose of this chapter is to incorporate consideration of environmental factors into the existing decision-making processes of Town government at the earliest possible time. It is the intent of this chapter that all agencies of Town government conduct their affairs with an awareness that they are stewards of the air, water, land and living resources and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. No decision to carry out, approve or fund any action subject to review pursuant to this chapter shall be made by any unit of Town government until there has been full compliance with all applicable requirements of this chapter.
D. 
It is the intent of this chapter to supplement and not to replace or supersede 6 NYCRR Part 617.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
AGENCY
A state or local governmental unit, including but not limited to towns, departments, and officers.
ENVIRONMENTAL ASSESSMENT
A preliminary analysis of the expected environmental impacts of a proposed action, resulting in a determination of whether or not the proposed action may significantly affect the environment. A determination that the proposed action may significantly affect the environment will require preparation of an environmental impact statement.
MINISTERIAL ACT
An action performed upon a given state of facts in a prescribed manner imposed by law or regulation without the exercise of any judgment or discretion as to the propriety of the action, although such law or regulation may require, to a limited degree, an interpretation of its language or intent. Such actions shall include, but not be limited to, the issuance of a building permit, certificate of zoning compliance or certificate of occupancy pursuant to the Town Code; or the issuance of a permit for fishing or hunting in the upland water supply watershed to holders of valid New York State fishing or hunting licenses.
NEIGHBORHOOD CHARACTER
The physical elements and attributes of the area within an action's potential area of environmental impact, including land use, streetscape characteristics, design and scale of existing structures, natural features, existing pattern of population concentrations and intensity of land development.
B. 
Any words appearing and not defined in this chapter shall have the meaning found in 6 NYCRR 617.2.
The general rules shall be those found in 6 NYCRR 617.3.
Unlisted actions are all actions or class of actions not identified as a Type I or Type II action under 6 NYCRR 617.4 or 617.5 or not identified as a Type II action listed in § 117-5 of this chapter.
The following are Type II actions:
A. 
All actions identified as actions not requiring environmental review in 6 NYCRR 617.5.
B. 
In addition, the following are deemed actions not requiring review, provided that no thresholds listed in 6 NYCRR 617.4 are exceeded:
(1) 
Zoning Board of Appeals:
(a) 
Administrative area variances for six inches or less.
(b) 
Special use permits:
[1] 
Customary home occupation.
[2] 
Recreational vehicle outside storage.
[3] 
Temporary activity permit.
[4] 
Honeybees and poultry on nonfarm residential premises.
(2) 
Planning Board:
(a) 
Administrative site plan applications.
(b) 
Administrative subdivision applications.
(c) 
Sign permit applications.
(3) 
Historic Architecture Commission:
(a) 
Certificate of appropriateness applications.
Procedures for the initial review of actions shall be as set forth in 6 NYCRR 617.6(a) and for establishing lead agency as set forth in 6 NYCRR 617.6(b).
Procedures and criteria for determining significance shall be as set forth in 6 NYCRR 617.7.
The scoping process shall be as set forth in 6 NYCRR 617.8.
The procedures for preparing environmental impact statements (EIS) shall be as set forth in 6 NYCRR 617.9(a). The content of EISs shall be as set forth in 6 NYCRR 617.9(b).
Upon receipt of an acceptable draft EIS, a notice of hearing shall be prepared by the lead agency in the manner prescribed in 6 NYCRR 617.9.
The description, purpose and procedures for generic EISs shall be as set forth in 6 NYCRR 617.10.
Decisionmaking and findings requirements shall be as set forth in 6 NYCRR 617.11.
Document preparation, filing, publications and distribution requirements shall be as set forth in 6 NYCRR 617.12.
Fees and costs for the preparation and review of draft and final EISs shall be as set forth in 6 NYCRR 617.13.
Action involving a federal agency shall be treated as set forth in 6 NYCRR 617.15.
Requests concerning confidential information shall be treated as set forth in 6 NYCRR 617.16.
A. 
The agency considering an action shall determine whether the action has been previously reviewed pursuant to this chapter; been previously reviewed by an agency pursuant to Article 8 of the New York State Environmental Conservation Law; or been previously reviewed as part of a more comprehensive action pursuant to this chapter or said Article 8.
B. 
If an action is determined to have been previously reviewed, no further review of said action pursuant to this chapter may be necessary, provided that there have been no substantial changes in the action, the environmental factors which were previously assessed or the fundamental assumptions, e.g., location, use, density, traffic circulation and supporting infrastructure for the project since its previous review, and the agency considering the action was involved in the prior review process.
C. 
Use of a prior environmental impact statement shall not relieve an agency of the requirements set forth in 6 NYCRR 617.11.