[HISTORY: Adopted by the Town Board of the
Town of Somers 10-11-1979; amended in its entirety 1-14-2021 by L.L. No. 1-2021. Subsequent amendments noted where applicable.]
This chapter is adopted pursuant to Article 8 of the New York
Environmental Conservation Law providing for environmental quality
review of actions which may have a significant effect on the environment.
This chapter shall be known and cited as the "Environmental
Quality Review Ordinance of the Town of Somers."
It is the intent of the Town Board that:
A.
Environmental factors shall be incorporated into the existing planning
and decisionmaking processes of all Town agencies.
B.
All agencies shall 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.
C.
Protection of the environment and enhancement of human and community
resources shall be given appropriate weight along with social and
economic considerations, and all these factors shall be considered
together in reaching decisions on proposed actions.
D.
The processes set forth in this chapter as far as possible shall
be integrated into existing agency procedures and that they do not
result in undue delays in agency planning and decisionmaking.
The following terms, phrases, words and their derivatives shall
have the meanings given herein:
Any activity of any agency, except an exempt action as defined
in this section, including without limitations:
Physical activities, such as construction, destruction, modification
or other activities, including the approval thereof, which change
the use, function or appearance of any natural resource or structure.
Funding activities, such as the proposing, approving or disapproving
of contracts, grants, subsidies, loans, tax abatements or exemptions
or other forms of direct or indirect financial assistance.
Licensing activities, such as the proposing, approving or disapproving
of a lease, permit, license, certificate or other entitlement for
use or permission to act.
Planning activities, such as site selection for other activities
and the proposing, approving or disapproving of master or long-range
plans, zoning maps and ordinances, development plans or other plans
designed to provide a program for future activities.
Policymaking activities, such as the making, modification, repeal
or establishment of rules, regulations, procedures, policies and guidelines.
Any Town department, official, officer, employee, board,
agency, commission, council, district, public benefit corporation
or public authority, including the Town Board, which is determined
to be conducting an action or is responsible for an action as hereinbefore
defined.
Draft environmental impact statement.
A preliminary environmental impact statement prepared pursuant to § 92-9 herein.
Environmental impact statement; also referred to as a "final
EIS."
The physical conditions which will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
traffic, light, features of historic or aesthetic significance, existing
patterns of population concentration, distribution or growth and existing
community or neighborhood character.
A form used to determine whether an action is likely to have
a significant effect on the environment and, if so, to determine the
primary areas to be analyzed in the DEIS.
A form used to determine the proper classification of a proposed
action.
A detailed statement setting forth the matters specified in § 92-7 herein. It includes any comments on a draft environmental impact statement which are received pursuant to § 92-9D and E herein and the agency's response to such comments to the extent that such comments raise issues not adequately resolved in the draft environmental impact statement.
Any one of the following:
Enforcement or criminal proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings.
Ministerial actions, which are actions 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, such
as the grant of a marriage license, although such law may require,
in some degree, a construction of its language or intent.
Maintenance or repair involving no substantial change in an
existing structure or facility.
Actions requiring a certificate of environmental compatibility
and public need under Articles VII and VIII of the Public Service
Law and the consideration of, grant or denial of any such certificate.
Except as set forth in § 92-11 herein, actions undertaken or given final approval prior to the effective date of this chapter. An action shall be deemed to be undertaken or given final approval prior to such date if:
In the case of an action involving federal participation, either
a draft environmental impact statement or a negative declaration has
been duly prepared under the National Environmental Policy Act of
1969.
In the case of a subdivision of land, conditional approval of
a preliminary or final plat has been given.
In the case of a site plan, special permit use or variance,
approval with or without conditions has been given.
In the case of all other such actions requiring a permit or
authorization from an agency, each such permit or authorization has
been granted.
Actions which are immediately necessary on a limited emergency
basis for the protection or preservation of life, health, property
or natural resources.
Actions of any court.
Where several agencies are involved in an action, that agency
primarily responsible for preparation of the environmental impact
statement. The Zoning Board of Appeals shall be the lead agency on
applications for variances and special exception use permits. The
Planning Board shall be the lead agency on applications for subdivision
or site plan approval. The Town Board shall be the lead agency on
any matter before such Board.
That newspaper formally designated by the Town Board as the
official newspaper of the Town or, if none, a newspaper of general
circulation within the Town.
Any person, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
Includes but is not limited to the following activities:
vegetation removal; demolition; stockpiling materials; grading and
other forms of earthwork; dumping, filling or depositing; excavation
or trenching; dredging; flooding or draining; paving; and construction
of buildings or structures.
The State Environmental Quality Review Act, Article 8 of
the New York State Environmental Conservation Law.
A.
No decision to carry out or approve an action other than an exempt or a Type II action, as set forth in § 92-6 herein, shall be made by an agency until there has been full compliance with all requirements of this chapter; provided, however, that nothing herein shall be construed as prohibiting:
(1)
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 agency to approve, commence or engage in such action;
or
(2)
The granting of any part of an application which relates only to
technical specifications and requirements, provided that no such partial
approval shall vest, entitle or permit the applicant the right to
commence the action until all requirements of this chapter have been
fulfilled.
B.
Agencies may identify programs or categories of actions which could
most appropriately be covered by a single environmental impact statement.
(1)
Programmatic statements are often appropriate to assess the environmental
effects of:
(2)
Such statements will eliminate multiple sequential reviews of the
same or similar actions. When an individual action is proposed which
was encompassed in such a programmatic EIS and the action is to be
carried out in conformance with the conditions discussed in the programmatic
statement, a subsequent EIS should be prepared only if site-specific
impacts need to be addressed. Agencies preparing such a statement
shall develop procedures for amending or supplementing such statements
to reflect impacts which are not addressed or adequately analyzed
in such a statement as initially prepared. Such procedures shall include
provision for informing the public and other agencies of the preparation
of such amendments or supplements and for allowing comment thereon
before incorporation of such amendments or supplements in said statement.
To simplify the task of determining whether or not a proposed
action may have a significant effect on the environment, actions are
divided into three classes: Type I, Type II and unlisted.
A.
Type I actions or classes of actions are likely to, but will not necessarily, require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment. For all individual actions which are Type I, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in Subsection C. Type I actions are listed below:
(1)
The adoption of a Town Development Plan, a comprehensive Zoning Ordinance
or a comprehensive resource management plan.
(3)
The granting of a zoning change at the request of an applicant for
an action that meets or exceeds one or more of the limits given in
other subsections of this list.
(4)
The acquisition, sale, lease or other transfer of 100 or more contiguous
acres of land by a state or local agency.
(5)
Construction of 50 or more residential dwelling units.
(6)
Construction of new nonresidential facilities which meet or exceed
any of the following limits or the expansion of existing nonresidential
facilities by more than 50% of any of the following limits, provided
that the expansion and the existing facilities, when combined, meet
or exceed any limit contained in this subsection:
(7)
Any nonagricultural use occurring wholly or partially within an agricultural
district (certified pursuant to Agriculture and Markets Law, Article
25, § 303) which exceeds 10% of any threshold established
in this subsection.
(8)
Any action (unless the action is designed for the preservation of
the facility or site) occurring wholly or partially within or contiguous
to any facility or site listed on the National Register of Historic
Places or any building, structure or site that has been proposed by
the Committee on the Registers for consideration by the New York State
Board on Historic Preservation for a recommendation to the State Historic
Officer for nomination for inclusion in said National Register.
(9)
Any project or action, which exceeds 25% of any limit in this subsection, but 50% of Subsection A(6)(c), occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland or recreation area or designated open space.
(10)
Any action which takes place wholly or partially within a freshwater
wetland as defined in Article 24 of the Environmental Conservation
Law.
(11)
All excavations for natural products.
B.
Type II actions or classes of actions have been determined not to
have a significant effect on the environment and do not require environmental
impact statements. Type II actions are listed below:
(1)
Replacement of a facility, in kind, on the same site unless such
facility meets any of the thresholds in the Type I list.
(2)
The granting of individual setback and lot line variances and adjustments.
(3)
Agricultural farm management practices, including construction, maintenance
and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming.
(4)
Repaving of existing highways not involving the addition of new travel
lanes.
(5)
Street openings for the purpose of repair or maintenance of existing
utility facilities.
(6)
Installation of traffic control devices on existing streets, roads
and highways.
(7)
Public or private forest management practices other than the removal
of trees or the application of herbicides or pesticides.
(8)
Construction or placement of minor structures accessory or appurtenant
to existing facilities, including garages, carports, patios, home
swimming pools, fences, barns or other buildings not changing land
use or population density.
(9)
Maintenance of existing landscaping or natural growth.
(10)
Mapping of existing roads, streets, highways, uses and ownership
patterns.
(11)
Inspections and licensing activities relating to the qualifications
of individuals or businesses to engage in their business or profession.
(12)
Sales of surplus government property other than land, radioactive
material, pesticides, herbicides or other hazardous materials.
(13)
Collective bargaining activities.
(14)
Routine or continuing agency administration and management, not including
new programs or major reordering of priorities.
(15)
License and permit renewals where there will be no material change
in permit conditions or the scope of permitted activities.
(16)
Routine activities of educational institutions which do not include
capital construction.
(17)
Pure information collection, including basic data collection and
research, Master Plan study components, water quality and pollution
studies, traffic counts, engineering studies, boring studies, surveys
and soils studies.
(18)
Minor temporary uses of land having negligible or no permanent effect
on the environment.
(19)
Construction or alteration of four or less single- or two-family
residences and accessory appurtenant uses or structures if not in
conjunction with the construction or alteration of a total of more
than four such residences and if not in a wetland, as defined in the
Wetlands Control Ordinance of the Town of Somers,[1] or on a slope exceeding a grade of 33%.
(20)
Construction or alteration of a store, office or restaurant designed
for an occupant load of 20 persons or less, and the construction of
utility facilities to serve such establishments, if not in conjunction
with the construction or alteration of other stores, offices or restaurants
and if not in a wetland, as defined in the Wetlands Control Ordinance
of the Town of Somers,[2] or on a slope exceeding a grade of 33%.
(21)
Operation, repair, maintenance or minor alteration of existing structures,
land uses and equipment.
(22)
The extension of utility distribution facilities to serve new or
altered single- or two-family residential structures or to render
service in approved subdivisions.
(23)
Actions which are immediately necessary for the protection or preservation
of life, health, property or natural resources.
C.
Unlisted actions.
(1)
Unlisted actions or classes of actions are actions which are neither
Type I or Type II and which may have a significant effect on the environment
if they can reasonably be expected, by the agency, to lead to one
of the following consequences:
(a)
A substantial adverse change to ambient air, ambient light or
water quality or noise levels or in solid waste production, drainage,
erosion or flooding.
(b)
The removal or destruction of large quantities of flora or fauna,
substantial interference with the movement of any resident or migratory
fish or wildlife species, impact on a significant habitat area or
substantial adverse effect on a rare or endangered species of animal
or plant or the habitat of such a species.
(c)
The encouragement or attraction of a large number of people
to a place or places for more than a few days relative to the number
of people who would come to such place absent the action.
(d)
The creation of a material conflict with a community's
existing plans or goals as officially approved or adopted.
(e)
The impairment of the character or quality of important historical,
archeological, architectural or aesthetic resources or of the existing
community or neighborhood character.
(f)
A substantial change in the use of either the quantity or type
of energy.
(g)
The creation of a hazard to human health or safety.
(h)
A substantial change in the use or intensity of use of land
or other natural resources or in the capacity of land or other natural
resources to support uses.
(i)
The creation of a demand for other actions which would result
in one of the above consequences.
(j)
Changes in two or more elements of the environment, no one of
which is substantial, but when taken together result in a material
change in the environment.
(k)
Restoration or reconstruction of an existing structure which
increases existing overall size, square footage and usage by less
than 50%.
(2)
For the purpose of determining whether an action will cause one of
the foregoing consequences, the action shall be deemed to include
other contemporaneous or subsequent actions which:
(3)
The significance of a likely consequence should be assessed in connection
with its setting, its probability of occurrence, its duration, its
irreversibility, its controllability, its geographic scope and its
magnitude.
(4)
Environmental assessment forms may be used in whole or part by an
agency to aid in determining whether or not an unlisted action will
have a significant effect on the environment.
A.
Within the framework presented in Subsection D herein, environmental impact statements should deal only with the specific significant environmental impacts which can be reasonably anticipated. They should not contain more detail than is appropriate considering the nature and magnitude of the proposed action, the significance of its potential impacts and the existing resources and capability of the agency responsible for the statement. An agency may require that an EIS be prepared by a duly qualified professional.
B.
All draft and final environmental impact statements shall be preceded
by a cover sheet stating:
(1)
Whether it is a draft or final.
(2)
The name or other descriptive title of the action.
(3)
The location of the action, including the name of this Town.
(4)
The name and address of the agency which required its preparation
and the name and telephone number of a person at the agency to be
contacted for further information.
(5)
Identification of the individuals or organizations who prepared any
portion of the statement.
(6)
The date of its completion and the date of its acceptance by the
agency responsible for its preparation.
(7)
In the case of a draft EIS, the date by which comments must be submitted.
(8)
When not otherwise provided, e.g., in an accompanying application,
the names of all parties involved in the action and, where a parcel
of land is involved, the name(s) of the owner(s) and the section,
block and lot numbers.
C.
If a draft or final EIS exceeds 10 pages in length, it shall have
a table of contents following the cover sheet and a precise summary
which adequately and accurately summarizes the statement, focusing
on issues of controversy, matters to be decided and major conclusions.
D.
The body of all draft and final EISs shall at least contain the following:
(1)
A concise description of the proposed action, its purpose and need.
(2)
A concise description of the environmental setting of the areas to
be affected, sufficient to understand the effects of the proposed
action and alternatives.
(3)
A statement of the important environmental impacts of the proposed
action, including short- and long-term effects and typical associated
environmental effects, and road, traffic and drainage patterns shall
be addressed if applicable.
(4)
An identification and brief discussion of any adverse environmental
effects which cannot be avoided, if the proposed action is implemented.
(5)
A description and evaluation of reasonable alternatives to the action
which would achieve the same or similar objectives. (The description
and evaluation should be at a level of detail sufficient to permit
a comparative assessment of the alternatives discussed. The no-action
alternative must also be discussed and evaluated.)
(6)
An identification of irreversible and irretrievable commitments of
resources which would be associated with the proposed action should
it be implemented.
(7)
A description of mitigation measures to minimize the adverse environmental
impacts.
(8)
A description of any growth-inducing aspects of the proposed actions,
where applicable and significant.
(9)
A discussion of the effects of the proposed action on the use and
conservation of energy, where applicable and significant.
(10)
A list of any underlying studies, reports and other information obtained
and considered in preparing the statement.
(11)
For final environmental impact statements, copies or a summary of the substantive comments received in response to the DEIS and the responses to such comments, and the statements of findings required by § 92-9H(3) or (4). All changes made to the draft EIS incorporated in the final EIS shall be specifically indicated and identified as such.
E.
An environmental impact statement may incorporate by reference all
or portions of other documents which contain information relevant
to the statement. The referenced document shall be made available
to the public within the time period for comment at the Town Clerk's
office in the Town House. When a statement uses incorporation by reference,
the referenced document shall be briefly described, its applicable
findings summarized and its date of preparation provided.
A.
Coordination. When an action which may have a significant effect
on the environment involves the approval of more than one agency,
all involved agencies shall, to the fullest extent possible, coordinate
their environmental reviews through a lead agency to the end that
the requirements of this chapter are met by a single draft environmental
impact statement, a single final environmental impact statement and
a single hearing process. Such coordination is mandatory for all Type
I actions and for all unlisted actions which the agency determines
may have a significant effect on the environment. For all other actions,
coordination is optional. However, where an agency wishes to finalize,
in the shortest possible time, lead agency status and the agency's
determination of nonsignificance, the agency should follow the coordination
procedures below.
B.
Application forms. For Type I actions and all other actions for which there will be coordination, agencies and applicants requesting approval by an agency shall complete an environmental assessment form to aid in determining whether an action is an exempt, Type I, Type II or unlisted action and, if Type I or unlisted, whether it may have a significant effect on the environment. In order to expedite any coordination, agencies shall require applicants to specify in their applications which other agencies, to the best of their knowledge, will have approval authority over the proposed action. If no coordination is intended, an agency may require an applicant requesting approval by an agency to complete such form. An applicant shall present such form to the agency whose approval is being sought, accompanied by a fee as set forth in § 92-12 herein.
C.
Type I actions.
(1)
For Type I actions, the agency shall send the completed form and
a copy of any application it has received to all involved agencies,
notifying them that, within 30 calendar days of the date the forms
were mailed, a lead agency must be designated by agreement among them.
The following criteria, in order of importance, shall be used to designate
the lead agency:
(a)
Whether the anticipated impacts of the action being considered
are primarily of statewide, regional or local significance, i.e.,
if such impacts are of primarily local significance, all other considerations
being equal, the local agency involved shall be the lead agency;
(b)
Which agency has the broadest governmental powers for investigation
into the impacts of the proposed action; and
(c)
Which agency has the greatest capability for providing the most
thorough environmental assessment of the proposed action.
(2)
The lead agency chosen shall determine the need for an EIS according to Subsection F. Such determination shall be made within 15 calendar days of designation as the lead agency or within 15 calendar days of receipt of a complete application, whichever is later; provided, however, that such period may be extended by mutual agreement of the applicant and the agency.
D.
Other actions:
(1)
For all actions which are not Type I, the agency shall make an initial determination of the need for an EIS according to Subsection F. Use of an environmental assessment form therein is discretionary. In cases where an applicant is involved, the determination shall be rendered within 30 calendar days following receipt of an application for approval of the action sought; provided, however, that such period may be extended by mutual agreement of the applicant and the agency.
(2)
If the agency determines that the action is exempt, Type II or an
unlisted action which will not have a significant effect on the environment
and intends no coordination, it shall so inform the applicant, and
the proposed action may be processed without further regard to this
chapter.
(3)
If the agency finds the action may have a significant effect on the
environment or it wishes to coordinate with other agencies, the agency
shall notify such other agencies of the initial determination and
reasons supporting it, supplying them with copies of any environmental
assessment forms and any applications which have been prepared.
(4)
If, within 15 calendar days from the date of mailing such notification, no other involved agency submits a written objection to the initial agency being the lead agency, the initial determination of need shall be confirmed. If, within 15 calendar days from the date of notification, any other involved agency submits a written objection to the initial agency being the lead agency, all involved agencies shall follow the procedures of Subsection E below.
E.
Lead agency resolution. If all involved agencies are unable, under either Subsection C or D, to resolve the choice of a lead agency, they shall:
(1)
Where the agencies are all agencies of the Town of Somers, submit
the question to the Town Board for its determination; or
(2)
Where nonlocal agencies are involved, submit the question, in writing, to the Commissioner of the Department of Environmental Conservation, who shall, within 12 business days of the date the request was mailed, designate a lead agency, based on a review of the facts, the criteria in Subsection C(1) and any comments received.
F.
G.
If the lead agency, once chosen or confirmed, determines that a proposed
action is an exempt or Type II action or an unlisted action which
will not have a significant effect on the environment, the proposed
action may be processed without further regard to this chapter.
H.
If the lead agency, once chosen or confirmed, determines that the
proposed action is a Type I action, whether it may or may not have
a significant effect on the environment, or an unlisted action which
may have a significant effect on the environment, the agency shall
do the following:
(1)
The agency shall prepare a written notice, which shall state:
(a)
Either that it is a positive declaration (a DEIS is required)
or that it is a negative declaration (a DEIS is not required);
(b)
The name and address of the agency;
(c)
The name and telephone number of a person who can provide further
information;
(d)
A brief and precise description of the nature, extent and location
of the action proposed;
(e)
The reasons supporting the determination; and
(f)
In the case of an action which may have a significant effect,
the location and nature of its potential significant environmental
impacts and effects.
(2)
Such written notice shall be circulated to:
A.
Following a determination that a proposed action may have a significant effect on the environment, the agency shall prepare a draft environmental impact statement or, in the case of an action involving an applicant, the applicant shall prepare an environmental impact report in the form of a draft environmental impact statement. The applicant shall submit a fee, in accordance with § 92-12 herein, to defray the expense to the agency of reviewing the draft environmental impact statement and, if necessary, the final environmental impact statement. If the applicant decides not to submit an environmental impact report, the processing of the application will cease, and no approval will be issued.
B.
An application for a permit or authorization for an action upon which
a DEIS is determined to be required shall not be complete until such
DEIS has been filed and accepted by the agency as satisfactory with
respect to scope, content and adequacy. Commencing upon such acceptance,
the environmental impact statement process shall run concurrently
with other procedures relating to the review and approval of the action
so long as reasonable time is provided for preparation, review and
public hearing with respect to the DEIS.
C.
Notice of completion.
(1)
Upon completion of a draft environmental impact statement, a notice
of completion shall be prepared by the agency which shall state:
(a)
That it is a notice of completion of a DEIS.
(b)
The name and address of the lead agency.
(c)
The name and telephone number of a person who can provide further
information.
(d)
A brief and precise description of the nature, extent and location
of the action proposed.
(e)
The location and nature of the action's potential significant
environmental impacts and effects.
(f)
Where and how copies of the statement can be obtained from the
agency.
(g)
That comments on the DEIS are requested and will be received
and considered by the agency at a given address for a given period,
which shall be not less than 30 calendar days from the date of circulation
of the notice of completion or 10 calendar days following a public
hearing, whichever is longer.
(h)
The website address where the DEIS, FEIS and public comments
will be posted.
(3)
In addition, the notice of completion and a copy of the draft environmental
impact statement shall be circulated to:
(a)
The Commissioner, New York State Department of Environmental
Conservation.
(b)
Region 3, New York State Department of Environmental Conservation.
(c)
The Town Clerk.
(d)
Any other agencies involved in approval of the action.
(e)
Persons requesting it. Where sufficient copies of a statement
are not available, the agency may charge a fee to cover its costs
in making the additional statements available.
(f)
The Town of Somers Planning Department to be posted on the Town
of Somers website. Such posting shall include the draft EIS and any
public comments made on the draft EIS. The materials shall be submitted
in an electronic format compatible with posting on the World Wide
Web and shall be accompanied by a cover letter noting that the electronic
materials are for website posting purposes.
D.
Public hearing.
(1)
If the agency, at its discretion, decides to hold a public hearing
on a draft environmental impact statement, notice thereof shall be
prepared by the agency. It shall specify the time, place and purpose
of the hearing and shall contain a summary of the information contained
in the notice of completion of the DEIS. The notice shall be circulated
to:
(2)
A notice of hearing may be combined with the notice of completion
of the DEIS and shall be published in the official newspaper at least
14 calendar days' prior to such public hearing. The hearing shall
commence no less than 15 calendar days nor more than 60 calendar days
from the date of circulation of the DEIS, except as otherwise provided
where the agency determines that additional time is necessary for
the public or some other agency to review the DEIS or to coordinate
the environmental review process with other procedures relating to
review and approval of an action or where a different hearing date
is required as appropriate under other applicable law.
E.
Analysis of the DEIS. If, on the basis of a draft environmental impact
statement or a public hearing thereon, the agency determines, in writing,
that an action will not have a significant effect on the environment,
the proposed action may be processed without further regard to this
chapter. For public information purposes, copies of such determination
shall be circulated to:
(1)
The Commissioner, New York State Department of Environmental Conservation.
(2)
Region 3, New York State Department of Environmental Conservation.
(3)
The Town Clerk.
(4)
Any applicant.
(5)
Any other agencies involved in approval of the action.
(6)
The official newspaper for publication.
(7)
The New York State Clearinghouse.
(8)
The A-95 Coordinator, Tri-State Regional Planning Commission.
F.
Final EIS. If the agency determines that an action may have a significant effect on the environment, the agency shall prepare or cause to be prepared a final environmental impact statement. If the action involves an application, the agency may direct the applicant to prepare the final EIS. Such final EIS shall be prepared within 45 calendar days after the close of any hearing or within 60 calendar days after the circulation of the DEIS, whichever last occurs; provided, however, that the agency may amend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification or to coordinate the environmental review process with other procedures relating to review and approval of an action or where mutually agreed to by the applicant and the agency. Where the action involves an application, such final EIS shall be accompanied by a fee, in accordance with § 92-12 herein.
G.
Notice of completion.
(1)
Upon completion of a final environmental impact statement, a notice
of completion shall be prepared by the agency which shall state:
(a)
That it is a notice of completion of a final EIS.
(b)
The name and address of the agency.
(c)
A brief and precise description of the nature, extent and location
of the action proposed.
(d)
The location and nature of the action's potential significant
environmental impacts and effects.
(e)
Where and how copies of the statement can be obtained from the
agency.
(f)
The website address where the DEIS, FEIS and public comments
will be posted.
(3)
In addition, the notice of completion and a copy of the final environmental
impact statement shall be circulated to:
(a)
The Commissioner, New York State Department of Environmental
Conservation.
(b)
Region 3, New York State Department of Environmental Conservation.
(c)
The Town Clerk.
(d)
Any other agencies involved in approval of the action.
(e)
Persons requesting it. Where sufficient copies of a statement
are not available, the agency may charge a fee to cover its costs
in making the additional statements available.
(f)
The Town of Somers Planning Department to be posted on the Town
of Somers website. Such materials shall include any public comments
made on the draft EIS, as well as the final EIS. The materials shall
be submitted in an electronic format compatible with posting on the
World Wide Web and shall be accompanied by a cover letter noting that
the electronic materials are for website posting purposes.
H.
Approval or disapproval of action:
(1)
No decision to carry out or approve an action which has been the
subject of a final environmental impact statement shall be made until
after the circulation and consideration of such final EIS.
(2)
Prior to the agency's decision on an action, it shall afford
other agencies and the public a reasonable time period, not less than
10 calendar days, in which to consider the final EIS. Where the agency
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 date of circulation
of the final EIS.
(3)
Determination.
(a)
An agency shall not carry out or approve an action which may
have a significant effect on the environment unless it determines,
in writing, that:
[1]
Consistent with social, economic and other essential considerations
from among the reasonable alternatives thereto, the action to be carried
out or approved is one which minimizes or avoids adverse environmental
effects to the maximum extent practicable, including the effects disclosed
in the relevant EIS.
[2]
Consistent with social, economic and other essential considerations,
to the maximum extent practicable, adverse environmental effects revealed
in the EIS process will be minimized or avoided by incorporating as
conditions to the decision those mitigative measures which were identified
as practicable.
[3]
The requirements of this chapter and 6 NYCRR 617 have been met.
(b)
Such determination shall also state the facts and conclusions
relied upon in the EIS supporting its decision and shall indicate
the social, economic and other factors and standards which formed
the basis of its decision.
(4)
No agency shall make a decision not to carry out or not to approve
an action until it has prepared a written statement of the facts and
conclusions relied on in the EIS or comments provided thereon.
A.
Where there has duly been prepared under the National Environmental Policy Act of 1969 both a draft environmental impact statement and a final environmental impact statement for an action under consideration, the agency shall have no obligation to prepare an environmental impact statement or make findings under this chapter with respect to the action. However, except in the case of exempt actions, no agency may undertake or approve the action until the federal final EIS has been completed and the agency has made the findings required in § 92-9H.
B.
Where there has duly been prepared under the National Environmental
Policy Act of 1969 a negative declaration or other written determination
that the action will not require a federal impact statement, the agency
shall determine whether or not the action may have a significant effect
on the environment pursuant to this chapter.
Actions undertaken, approved or on which substantial work has
been undertaken prior to the effective dates of this chapter shall
be exempt actions; provided, however, that if after such dates an
agency modifies an action undertaken or approved prior to that date
and the agency determines that the modifications may have a significant
adverse effect on the environment, such modification shall be an action
subject to this chapter.
A.
When a Type I or an unlisted action involves an applicant, the agency
may charge fees in order to recover the costs incurred in preparing,
causing to be prepared or reviewing an environmental impact statement
regarding the action. Any part of such fee collected by an agency
and not used for such purposes shall be returned to the applicant.
When requested, the agency shall provide the applicant with an estimate
of the fees expected to be charged.
B.
The fees may be in cash or, at the discretion of the agency and subject
to the approval of the Town Board as to form and sufficiency, in the
form of a bond.
C.
The fees shall be as follows:
(1)
Accompanying an environmental clearance form: no fee.
(3)
Submitted prior to the preparation of a DEIS, a fee in an amount
set by resolution of the Town Board[2] equal to the maximum allowable according to Subsection D, minus $50, or such other lesser amount as may be determined adequate by the agency in a particular case.
[2]
Editor's Note: The current fee is set forth in the fee
schedule, which is on file in the office of the Town Clerk.
D.
The total amount of all fees charged an applicant shall not exceed:
(1)
For residential projects, 2% of the total project cost. The total
project cost shall be the cost of the land, plus the cost of all site
improvements required, not including the cost of buildings and structures;
and
(2)
For nonresidential projects, 0.5% of the total project cost. Total
project cost shall be the cost of supplying utility service to the
project, the cost of site preparation and the cost of labor and material
as determined with reference to a current cost data publication in
common usage, such as Building Construction Cost Data by Means.
The agency shall maintain files, which shall be open for public
inspection, of all determinations of need, notices of completion,
draft and final environmental impact statements, written comments,
minutes of the public hearings and the written determinations resulting
therefrom and all other applications.
