If an action is not exempt, as defined in § 35-5 of this chapter, determination will be made by the lead agency as to whether the action may have a significant effect upon the environment.
A.
Criteria. The following actions in addition to those actions listed as Type I in Article XI are likely to have a significant effect upon the environment:
(1)
A substantial adverse change to ambient air quality
or water quality or noise levels or in solid waste production or drainage
or erosion or flooding.
(2)
The removal or destruction of large quantities of
vegetation or fauna, the substantial interference with the movement
of any resident or migratory fish or wildlife species, impacts upon
critical habitat areas, or the substantial affecting of a rare or
endangered species of animal or plant or the habitat of such species.
(3)
The encouraging or attracting 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 a place absent the action.
(4)
The creation of material conflict with the community's
existing goals or plans as officially approved or adopted by the Chenango
Town Board.
(5)
The impairment of the character or quality of important
historical, archaeological, architectural or aesthetic resources or
of existing community or neighborhood character.
(6)
A major change in the use of either the quantity or
type of energy.
(7)
The creation of a hazard to human health or safety
to any individual or group.
(8)
The creation of a material demand for other actions
which would result in one of the above consequences.
(9)
A substantial change in the use or intensity of use
of land or other natural resources or in their capacity to support
existing uses.
(10)
The creation of a material demand for other actions
which would result in one of the above consequences.
(11)
Changes in two or more elements of the environment,
no one of which has a significant effect on the environment, but which,
when taken together, result in a substantial adverse impact on the
environment.
(12)
Two or more related actions undertaken, funded or
approved by an agency, no one of which has or would have a significant
effect on the environment, but which cumulatively meet one or more
of the criteria in this section.
B.
Contemporaneous or subsequent actions. For the purpose of determining whether an action will cause one of the consequences included in § 35-6A of this chapter, the action shall be deemed to include other contemporaneous or subsequent actions specified as follows:
(1)
Contemporaneous or subsequent actions which are included
in any long-range comprehensive integrated plan of which the action
under consideration is a part.
(2)
Contemporaneous or subsequent actions which are likely
to be undertaken as a result of the action under consideration.
(3)
Contemporaneous or subsequent actions which are dependent
upon the action under consideration.
C.
Significance of consequence. The significance of a likely consequence as enumerated in § 35-6A and B (i.e., whether it is material, substantial, large, important, etc.) should be assessed in connection with its setting (i.e., urban or rural), its probability of occurring, its duration, its irreversibility, its controllability, its geographic scope and its magnitude.
A.
Statement.
(1)
For the purpose of assisting the lead agency in the
determination of whether an action may or will not have a significant
effect upon the environment, applicants for permits or other approvals
shall file a written statement with the lead agency setting forth:
(2)
Such statement shall be filed simultaneously with
the application for action.
B.
Form. The statement provided herein shall be upon
a form entitled "EAF, Environmental Assessment," attached hereto and
identified as Appendix A and short environmental assessment form attached
hereto and identified as Appendix B and shall contain relevant information
as shall be required in the prescribed form.[1] Such statement shall be accompanied by drawings, sketches
and maps, if any, together with any other relevant explanatory material
required by the lead agency.
[1]
Editor's Note: Said Appendixes A and B are
on file in the office of the Town Clerk.
A.
Upon receipt of a complete application, the lead agency
shall cause notice thereof to be posted on the signboard, if any,
of the Town of Chenango maintained by the Town Clerk and may also
cause such notice to be published in the official newspaper of the
Town. The notice shall describe the nature of the proposed action
and state that written views thereon of any person shall be received
by the lead agency no later than a date specified in such notice.
B.
Written determination on action. The lead agency shall
render a written determination on such application within 15 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 lead agency. The determination shall state whether
such proposed action may or will not have a significant effect upon
the environment. The lead agency may hold informal meetings with the
applicant and may consult with any other person for the purpose of
making a determination on the application.
C.
Time limitations. 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.
Actions proposed by the Town shall be assessed
to determine whether or not the action may or will not have a significant
effect upon the environment.
The lead agency, upon determining whether an
action proposed either by the Town or an applicant to the lead agency
may or will not have a significant effect upon the environment, shall
immediately file such a determination as follows:
A.
One copy with the appropriate regional office of the
New York State Department of Environmental Conservation.
B.
One copy with the Commissioner of the New York State
Department of Environmental Conservation.
C.
One copy with the office of the Municipal Clerk of
the Town or whose jurisdiction most closely corresponds with the Town.
D.
One copy with the appropriate lead agency, if any.
E.
One copy with the applicant, if any.
F.
One copy with other involved agencies, if any.
A.
If it is determined by the lead agency that the action
will not have a significant effect upon the environment, the proposed
action may be processed without further regard to this chapter.
