As used in this chapter, unless the context
otherwise requires, certain terms and words are herein defined as
follows:
ACTION
Any activity of an agency, except an exempt action as defined in Article
III of this chapter, including without limitation:
A.
Physical activities, such as construction or
other activities which change the use or appearance of any natural
resource or a structure.
B.
Funding activities, such as proposing, approval
or disapproval of contracts, grants, subsidies, loans, tax abatements
or exemptions, or other forms of direct and indirect financial assistance.
C.
Licensing activities, such as the proposing,
approval or disapproval of a lease, permit, license, certificate or
other entitlement for use or permission to act.
D.
Planning activities, such as site selection
for other activities, and the proposing, approval or disapproval of
a master or long-range plan, zoning or other land use maps, ordinances
or regulations, development plans or other plans designed to provide
a program for future activities.
E.
Policy-making activities, such as the making,
modification or establishment of rules, regulations, procedures, policies
and guidelines.
AGENCY
Any state department, agency, board, public benefit corporation,
public authority or commission or any local agency, including any
village, town, city, county, board, district, commission, governing
body and other political subdivision of the state.
APPLICANT
Any person making an application or other request for action
by the Town of Chenango.
ENVIRONMENT
The physical condition which will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
objects of historic or aesthetic significance, existing patterns of
population concentration, distribution or growth and existing community
or neighborhood character.
ENVIRONMENTAL IMPACT REPORT
A document prepared by an applicant to assist the municipality
in its preparation of an environmental impact statement. The contents
of the report shall be prescribed by the Town of Chenango, although
it may include additional information.
ENVIRONMENTAL IMPACT STATEMENT
A written document prepared in accordance with Article
VI and Article
VIII of this chapter. An environmental impact statement may be either a draft or be final.
ENVIRONMENTAL SIGNIFICANCE STATEMENT
A written description and analysis of the environmental impact and effect of a proposed action which addresses in detail the consideration listed in Article
IV of this chapter.
EXEMPT ACTION
Any action for which an environmental review is not required in accordance with Article
III of this chapter.
LEAD AGENCY
A.
The agency of the Town of Chenango (i.e., board,
department, office, other body or officer of the Town of Chenango)
principally responsible for carrying out, funding or approving an
action. The lead agency is responsible for determining whether an
environmental impact statement is required for the action and for
preparing and filing the environmental impact statement if it is required.
Where more than one agency is involved, the lead agency is determined
and designated as provided in Sections 6 and 7 of Part 617 of the
official compilation of Codes, Rules and Regulations of the State
of New York, except that for the following specific Type I and unlisted
actions, in cases where a federal or state agency permit or approval
is not necessary, the lead agency is:
B.
Adoption, amendment or change in zoning or land
use regulations: the Town Board of the Town of Chenango.
C.
Construction or expansion of Town of Chenango
buildings, structures and other facilities, including highways within
the Town of Chenango: the Town Board of the Town of Chenango.
D.
Variances and special extensions: the Zoning
Board of Appeals of the Town of Chenango.
E.
Purchase, sale and/or lease of real property
by the Town of Chenango: the Town Board of the Town of Chenango.
F.
Planned unit development or cluster zoning:
the Town Board of the Town of Chenango.
G.
Site plan and subdivision approvals: the Planning
Board of the Town of Chenango.
H.
Construction or expansion of a nonresidential
facility: the Town Board of the Town of Chenango.
I.
Special use permits: the Zoning Board of Appeals
of the Town of Chenango.
J.
The Town Board of the Town of Chenango or any
department duly designated by the Town Board will be the Town of Chenango's
clearinghouse for lead agency designation. It will assist agencies
and applicants to identify other federal, state or local agencies
that may be involved in approving, funding or carrying out Type I
and unlisted actions. The clearinghouse will make recommendations
on designation of lead agencies for particular actions.
K.
Environmental review of actions involving a
federal agency will be processed in accordance with Section 16 of
Part 617 of the official compilation of Codes, Rules and Regulations
of the State of New York.
MINISTERIAL ACTION
Any action 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, although the law may require in
some degree a construction of its language or intent, including all
acts listed in Appendix A of this chapter.
MUNICIPALITY
The Town of Chenango in Broome County, New York.
PERMIT
License, lease, certificate, grant or permission or other
entitlement for use or permission to act given by the Town of Chenango.
PERSON
Any agency, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
SEQR
The State Environmental Quality Review Act constituting Article
8 of the Environmental Conservation Law and any amendments thereto.
TOWN
The Town of Chenango in Broome County, New York, with its
office and principal place of business at 1137 Front Street, Binghamton,
New York 13905.
TOWN BOARD
The Town Board of the Town of Chenango.
TOWN CLERK
The Town Clerk of the Town of Chenango.
TYPE I ACTION
The actions or classes of actions that are likely to require preparation of environmental impact statements because they, in almost every instance, have a significant effect upon the environment, including all those actions or classes of actions listed in Article
XI of this chapter.
TYPE II ACTION
The actions or classes of actions which have been determined not to have a significant effect upon the environment and which do not require environmental impact statements under the law, including all those actions or classes of actions listed in Article
XI of this chapter.
UNLISTED ACTION
All actions not excluded or exempt or not listed as Type
I or Type II actions in this chapter.