[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.]
A.
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.
B.
EXEMPT ACTION
(1)
(2)
(3)
(4)
(5)
(6)
MINISTERIAL ACTION
TOWN
As used in this chapter, the following terms shall
have the meanings indicated:
Any one of the following:
Enforcement of criminal proceedings or the exercise
of prosecutorial discretion in determining whether or not to institute
such proceedings.
Ministerial actions.
Maintenance or repair involving no substantial
changes in the existing structure or facility.
Actions exempt under § 130-19 of this chapter (exemption of prior approved actions).
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.
Actions for which an environmental impact statement
has been prepared, issued or approved by another governmental entity
having jurisdiction within the Town.
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:
A.
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
B.
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.
A.
Those actions listed in 6 NYCRR 617.4 as Type I actions
are hereby deemed likely to have a significant effect on the environment.
B.
Those actions listed in 6 NYCRR 617.5 as Type II actions
are hereby deemed not to have a significant effect on the environment.
C.
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]
(1)
Zoning Code interpretations.
(2)
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.
(3)
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.
(4)
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.
(5)
Sales or leases of surplus town land and/or improvements thereon
not exceeding 10 contiguous acres.
(6)
The construction or extension of utility facilities to serve approved
new, existing or altered commercial establishments.
(7)
Street openings for the purpose of hookup to utility facilities.
(9)
The approval of lot line changes by the Planning Board.
(10)
Extension of site plan approval and extension of subdivision
approval by the Planning Board which do not include significant changes,
modifications or alterations.
A.
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.
A.
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.[1]
B.
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.[2]
A.
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.
B.
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.
A.
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.
B.
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:
A.
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
B.
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.
