[HISTORY: Adopted by the Town Board of the Town of New Windsor 5-18-1977 by L.L. No. 2-1977 (Ch. 18 of the 1972 Code). 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 New York State Environmental Conservation Law and 6 NYCRR 617.
As used in this chapter, the following terms shall have the meanings indicated:
- EXEMPT ACTION
- Any one of the following:
- (1) Enforcement of criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings.
- (2) Ministerial actions.
- (3) Maintenance or repair involving no substantial changes in the existing structure or facility.
- (4) Actions exempt under § 130-19 of this chapter (exemption of prior approved actions).
- (5) Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property, natural resources or economic well-being of the Town.
- (6) Actions for which an environmental impact statement has been prepared, issued or approved by another governmental entity having jurisdiction within the Town.
- MINISTERIAL ACTION
- An action performed upon a given state of facts in a prescribed manner imposed by law, such as the grant of a building permit, although such law may require, in some degree, a construction of its language or intent.
- The Town of New Windsor.
No decision to carry out or approve an action other than an action listed in § 130-3B hereof or 6 NYCRR 617.5 as 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 6 NYCRR 617; provided, however, that nothing herein shall be construed as prohibiting:
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 actions which do not commit the Town to approve, commence or engage in such actions; or
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 6 NYCRR 617 have been fulfilled.
Those actions listed in 6 NYCRR 617.4 as Type I actions are hereby deemed likely to have a significant effect on the environment.
Those actions listed in 6 NYCRR 617.5 as Type II actions are hereby deemed not to have a significant effect on the environment.
The following are deemed Type II actions in addition to those set forth in 6 NYCRR 617.5:
[Added 4-5-2017 by L.L. No. 3-2017]
Zoning Code interpretations.
The issuance of building permits by the Building Inspector, in the event that such issuance is determined to be an action rather than a ministerial act.
The approval and issuance of clearing and grading permits by the Building Inspector, in the event that such issuance is determined to be an action rather than a ministerial act.
The construction or extension of utility facilities to serve approved new or altered single- or two-family residential structures or to render service to existing dwellings or approved subdivisions.
Sales or leases of surplus town land and/or improvements thereon not exceeding 10 contiguous acres.
The construction or extension of utility facilities to serve approved new, existing or altered commercial establishments.
Street openings for the purpose of hookup to utility facilities.
The approval of lot line changes by the Planning Board.
Extension of site plan approval and extension of subdivision approval by the Planning Board which do not include significant changes, modifications or alterations.
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 subdivision, site plan or other similar approvals shall file a written statement with the Planning Board 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 reasons why, in their view, a proposed action may or will not have a significant effect on the environment. The statement shall be filed simultaneously with the application for the action. The statement required herein shall be upon a form prescribed by resolution by the Planning Board 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 Planning Board.
Where the Town is the entity which wishes to carry out an action other than the aforesaid exempt or Type II action, the Town Board and not the Planning Board shall have jurisdiction to determine whether said action may or will not have a significant effect on the environment. All information and statements required by this chapter to be submitted and all decisions required to be made shall be submitted to and made by the Town Board rather than the Planning Board, unless the Town Board requests the Planning Board to act in its stead and on its behalf.
The Planning Board shall render a written determination on such application within 20 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 Planning Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Planning Board 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.
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.
With the exception of actions for which no statement of the applicant is required, every application for initial determination under this chapter shall be accompanied by a reasonable fee as provided in the Schedule of Fees adopted by the Town Board.
If the Planning Board determines that the proposed action is not an exempt action, not an action listed in § 130-3B hereof or 6 NYCRR 617.5 as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in 6 NYCRR 617.12, and thereafter the proposed action may be processed without further regard to this chapter.
If the Planning Board determines that the proposed action may have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in 6 NYCRR 617.12, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and 6 NYCRR 617.
Following a determination that a proposed action may have a significant effect on the environment, the Planning Board shall, in accordance with the provisions of 6 NYCRR 617, 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. If the applicant decides not to submit an environmental impact report, the Planning Board may prepare or cause to be prepared the draft environmental impact statement or may, in its discretion, notify the applicant that the processing of the application will cease and that no approval will be issued. The Planning Board may require an applicant to bear directly the expenses of professionals and consultants called upon by the Planning Board for preparing a draft environmental impact statement or reviewing such if it is prepared by the applicant.
Upon completion of a draft environmental impact statement prepared by or at the request of the Planning Board, a notice of completion containing the information specified in 6 NYCRR 617.12 shall be prepared, filed and circulated as provided in 6 NYCRR 617.12. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in 6 NYCRR 617.12.
If the Planning Board 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 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 within 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 Planning Board 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 Planning Board 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 Planning Board shall prepare or cause to be prepared or shall direct the applicant to prepare a final environmental impact statement in accordance with the provisions of 6 NYCRR 617. 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 Planning Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. The final environmental impact statement shall be accompanied by a fee to defray the expenses of the Planning Board and its professionals and consultants in preparing and/or evaluating the statement. The fee shall be subject to the limitations of § 130-17.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 130-10 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 Planning Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Planning Board 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 the Planning Board 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:
The proposed project is consistent with social, economic and other essential considerations of state policy and, 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; and
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 6 NYCRR 617 and, in addition, 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 Planning Board.
The total fee charged an applicant to defray the expense of preparing a draft and/or final environmental impact statement or of reviewing the same shall be the actual amount necessarily and reasonably expended by the Town but shall not exceed 1/2 of 1% of the proposed action's estimated total cost.
Where more than one agency is involved in an action, the procedures of 6 NYCRR 617.6 shall be followed.
Actions given approval (conceptual, preapplication, preliminary, final, bonding, etc.) prior to the dates specified in Article 8 of the Environmental Conservation Law shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and 6 NYCRR 617; provided, however, that if after such date the Planning Board modifies an action approved prior to that date and the Planning Board determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and 6 NYCRR 617.