[HISTORY: Adopted by the Town Board of the Town of Rush 7-9-2025 by L.L. No. 3-2025. Amendments noted where applicable.]
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meanings as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
MINOR ACTIONS
Those actions which are not reviewable actions and include all Type II actions pursuant to SEQRA. Minor actions are deemed consistent with the Local Waterfront Revitalization Program and not subject to review under this chapter.
SEQR
The State Environmental Quality Review, as prescribed by Part 617 of Title 6 of the New York Codes, Rules and Regulations and the New York Environmental Conservation Law.
TOWN
The Town of Rush.
No decision to carry out or approve an action subject to SEQR, other than a Type II action, shall be made by the Town Board or by any department, board, commission, officer or employee of the Town until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in a separate fee schedule to be adopted by the Town Board to defray the expenses incurred in rendering such determination.
A. 
Following a determination that a proposed action may have a significant effect on the environment, the Town shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
(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 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 may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing the same if it is prepared by the applicant. Such fees shall be determined as follows: an amount equal to the estimated cost to the Town for such activity and/or estimates of time and materials, cost of Town employees and/or consultants hired by the Town for the specific purpose of preparing the draft environmental impact statement.