Town of DeWitt, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of DeWitt 3-28-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Commission — See Ch. 8.
Planning Board — See Ch. 37.
Excavating, grading and filling — See Ch. 86.
Fire prevention and building construction — See Ch. 94.
Flood damage prevention — See Ch. 100.
Subdivision of land — See Ch. 164.
Zoning — See Ch. 192.
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 Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
TOWN
The Town of DeWitt.
No decision to carry out or approve an action other than an action listed in § 83-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations 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 Part 617 of Title 6 of the New York Codes, Rules and Regulations; 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 action which do not commit the town to approve, commence or engage in such action; 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 Part 617 of Title 6 of the New York Codes, Rules and Regulations have been fulfilled.
A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions, are likely to have a significant effect on the environment:
(1) 
Formation of new water, sewer or drainage districts.
(2) 
Change of zone.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type II actions, are deemed not to have a significant effect on the environment:
(1) 
Issuance of building permits.
(2) 
Issuance of highway permits.
(3) 
Drainage of town highways.
(4) 
Posting of motor vehicle control signs.
(5) 
Approval of site plans by the Town Planning Board pursuant to § 192-117J(3).
[Amended 4-11-2011 by L.L. No. 4-2011]
(6) 
Lateral extension of sewer, water and drainage lines in existing districts.
(7) 
Construction on town-owned lands.
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 permits or other approvals shall file a written statement with the Town Board or appropriate department, board, commission, officer or employee having jurisdiction, 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. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Town Board or appropriate department, board, commission, officer or employee having jurisdiction.
A. 
The Town Board or the appropriate department, board, commission, officer or employee having jurisdiction shall render a written determination on such application within thirty (30) 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 Town Board or appropriate department, board, commission, officer or employee having jurisdiction. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Town Board or appropriate department, board, commission, officer or employee having jurisdiction 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.
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.
If the Town Board or appropriate department, board, commission, officer or employee having jurisdiction determines that the proposed action is not an exempt action, not an action listed in § 83-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Town Board or appropriate department, board, commission, officer or employee having jurisdiction shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the Town Board or appropriate department, board, commission, officer or employee having jurisdiction determines that the proposed action may have a significant effect on the environment, the Town Board or appropriate department, board, commission, officer or employee having jurisdiction shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Following a determination that a proposed action may have a significant effect on the environment, the Town Board or appropriate department, board, commission, officer or employee having jurisdiction shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
A. 
In the case of an action involving an applicant, 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.
B. 
In the case of an action not involving an applicant, prepare a draft environmental impact statement. If the applicant decides not to submit an environmental impact report, the Town Board or appropriate department, board, commission, officer or employee having jurisdiction shall notify the applicant that the processing of the application will cease and that no approval will be issued.
Where more than one (1) agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.
Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that if after such dates the Town Board or appropriate department, board, commission, officer or employee having jurisdiction modifies an action undertaken or approved prior to that date and the Town Board or appropriate department, board, commission, officer or employee having jurisdiction determines that the modification may have a significant adverse effect on the new environment, such modification shall be an action subject to this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.