[HISTORY: Adopted by the Town Board of the Town of Union 2-19-1997
by L.L. No. 3-1997. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Include:
Projects or physical activities, such as construction or other activities
that may affect the environment by changing the use, appearance or condition
of any natural resource or structure, that:
Agency planning and policy-making activities that may affect the environment
and commit the agency to a definite course of future decisions.
Adoption of agency rules, regulations and procedures, including local
laws, codes, ordinances, executive orders and resolutions, that may affect
the environment.
Any combination of the above.
A negative declaration issued by a lead agency for an unlisted action,
involving an applicant, in which the action as initially proposed may result
in one or more significant adverse environmental impacts; however, mitigation
measures identified and required by the lead agency, pursuant to the procedures
in 6 NYCRR 617.7(d), will modify the proposed action so that no significant
adverse environmental impacts will result.
Physical conditions that will be affected by a proposed action, including
land, air, water, minerals, flora, fauna, noise, resources of agricultural,
archaeological, historic or aesthetic significance, existing patterns of population
concentration, distribution or growth, existing community or neighborhood
character and human health.
A written draft or final document prepared in accordance with 6 NYCRR
617.9 and 617.10. An EIS provides a means for agencies, project sponsors and
the public to systemically consider significant adverse environmental impacts,
alternatives and mitigations. An EIS facilitates the weighing of social, economic
and environmental factors early in the planning and decisionmaking process.
A draft EIS is the initial statement prepared by either the project sponsor
or the lead agency and circulated for review and comment. An EIS may also
be a generic, in accordance with 6 NYCRR 617.10 (a) through (d), a supplemental,
in accordance with 6 NYCRR 617.9(a)(7), or a federal document in accordance
with 6 NYCRR 617.15.
A written statement prepared by each involved agency, in accordance
with 6 NYCRR 617.11, after a final EIS has been filed, that considers the
relevant environmental impacts presented in an EIS, weighs and balances them
with social, economic and other essential considerations, provides a rationale
for the agency's decision and certifies that the SEQR requirements have
been met.
A written determination by the lead agency that the implementation
of the action as proposed will not result in any significant adverse environmental
impacts. A negative declaration may also be a conditioned negative declaration
as defined in 6 NYCRR 617.2(h). Negative declarations must be prepared, filed
and published in accordance with 6 NYCRR 617.7 and 617.12.
A written statement prepared by the lead agency indicating that implementation
of the action as proposed may have a significant adverse impact on the environment
and that an environmental impact statement will be required. Positive declarations
must be prepared, filed and published in accordance with 6 NYCRR 617.7 and
617.12.
The Town of Union, Broome County, New York.
An action or class of actions that are to be directly undertaken,
funded or approved by the Town as identified in 6 NYCRR 617.4 or in any involved
agency's procedures adopted pursuant to 6 NYCRR 617.14.
An action or class of actions identified in 6 NYCRR 617.5.
All actions not identified as a Type I or Type II action in 6 NYCRR
617 or, in the case of particular agency action, not identified as a Type
I or Type II action in the Town's own SEQR procedures.
No decision to carry out or approve an action shall be made by the Town
Board or by any department, board, commission, officer or employee of the
Town of Union until a negative declaration or conditional negative environmental
determination findings resulting from an EIS have been filed or a finding
of no significant impact is filed. The only exceptions to this would be provided
under 6 NYCRR 617.5(c)(18), (21) and (28) or when the action has been determined
by the Planning Department to be a Type II action.
Applicants proposing actions classified by the Planning Department as
Type I actions shall prepare Part I of the full environmental assessment form
(EAF) submitted with other required application materials. The applicant must
also include a list of all involved agencies. The Planning Department may
require additional information needed to determine the type of action and
its significance. An environmental determination shall be made within 20 calendar
days of receipt of all application materials.
Applicants proposing actions classified as unlisted actions by the Planning
Department shall have a short environmental assessment form (EAF) submitted
with other application materials. A full EAF may be required in cases where
the short form will not provide sufficient information necessary to determine
significance. The Planning Department may require other information necessary
to determine significance. An environmental determination on the action shall
be made within 20 calendar days of receipt of all required information. An
unlisted action with a conditioned negative declaration requires a full EAF
and filing with the environmental notice bulletin. A conditional negative
declaration must be rescinded and issued a positive declaration requiring
the preparation of a draft EIS if it receives substantive comments that identify
potentially significant adverse environmental impacts that were not previously
identified and assessed or were inadequately assessed in the review or that
identify a substantial deficiency in the proposed mitigation measures.
Actions classified as Type II shall not be subject to the review process
set forth in this chapter. No environmental assessment form is required prior
to the approval of the action.
To establish a lead agency:
A.
Procedures under 6 NYCRR 617.6(b)(1) shall be followed
if a single agency is involved.
B.
Procedures under 6 NYCRR 617.6(b)(2) shall be followed
if more than one agency is involved.
C.
Procedures under 6 NYCRR 617.6(b)(3) shall be followed
for a coordinated review.
D.
For an unlisted action, an uncoordinated review (involving
more than one agency) must be followed under 6 NYCRR 617.6(b)(4).
A.
Determinations of actions shall be made by the Town Board
or a department, board, commission, officer or employee of the Town of Union
in accordance with the criteria outlined in 6 NYCRR 617.7. A positive, negative
or conditional negative declaration must be reached for all actions.
B.
At any time prior to its decision to undertake, fund
or approve an action, the Town must rescind a negative declaration if it determines
that a significant environmental effect may result from a project modification
or that there exists a change of circumstances which was not previously addressed.
Prior to any rescission, the Town Planning Department must inform other involved
agencies and must provide a reasonable opportunity for the applicant to respond.
C.
After reasonable notice to the applicant, the Town must
prepare, file and publish a positive declaration in accordance with 6 NYCRR
617.12.
D.
Negative declarations for unlisted actions shall be kept
on file in the Planning Department. All positive and negative declarations
for Type I actions and positive and conditioned negative declarations for
unlisted actions shall be maintained in a file which is readily accessible
to the public and filed according to 6 NYCRR 612.12(a) and (b). Conditioned
negative declarations shall also comply with 6 NYCRR 617.7(d).
E.
An application for Town approval of a Type I or unlisted
action shall not be complete until:
(1)
A negative declaration has been filed.
(2)
A draft environmental impact statement has been accepted
by the Town and is satisfactory with respect to scope, content and adequacy.
Commencing upon such acceptance, the environmental review process shall run
concurrently with other procedures relating to the review and approval of
the action, if reasonable time is provided for the preparation, review and
public hearings with respect to the draft EIS.
A.
If a positive declaration is issued by the Town on a
submitted full environmental assessment form, a draft EIS shall be completed.
Only one draft and one final EIS need be prepared on the action, provided
that the statement addresses each part of the action at a level of detail
sufficient for an adequate analysis. A supplement to a draft or final EIS
will only be required in the circumstances prescribed in 6 NYCRR 617.9(a)(7).
The applicant may complete the draft EIS or request the Town to prepare it.
A fee may be charged by the lead agency for preparation or review of an EIS
pursuant to 6 NYCRR 617.13. The content of a draft or final EIS shall follow
the framework outlined in 6 NYCRR 617.9(b). The content of a generic EIS is
prescribed in 6 NYCRR 617.10.
B.
All steps or segments of the project shall be considered
part of the overall action. These steps may include but shall not be limited
to planning, design, contracting, demolition, construction and operation.
If the Town determines that a segmented review is in order, investigating
a specific portion of environmental impact, it shall be clearly stated in
the determination of significance with supporting reasons that such review
is clearly no less protective of the environment.
C.
When the applicant prepares the draft environmental impact
statement:
(1)
It shall be submitted to the Town, which shall determine
within 45 calendar days whether to accept or reject it. The Town shall use
the final written scope and use the standards outlined under 6 NYCRR 617.9(b)
to determine the adequacy of the draft EIS.
(2)
If the draft EIS is inadequate, the Town must notify
the applicant in writing of the deficiencies.
(3)
The Town shall determine whether to accept the resubmitted
draft EIS within 30 days of receipt.
D.
When the Town has completed a draft EIS or when the draft
EIS the applicant has submitted has been accepted as adequate, the Town shall
prepare, file and publish a notice of completion of the draft EIS and file
copies of the draft EIS in accordance with the requirements set forth in 6
NYCRR 617.12. A minimum public comment period on the draft EIS is 30 days.
The comment period begins with the first filing and circulation of the notice
of completion.
E.
The Town may decide to hold a public hearing on the draft
EIS if there is a high degree of public interest, if significant environmental
issues have been raised, if the mitigation measures or the consideration of
alternatives is questionable or if the Town feels that public comment would
aid in the decisionmaking process. If a hearing is to be held, the Town shall
file a notice in accordance with 6 NYCRR 617.12(a) and (b). The notice must
be published at least 14 calendar days in advance of the public hearing in
the official newspaper of the Town.
F.
The hearing shall commence no less than 15 calendar days
or no more than 60 calendar days after the filing of the notice of completion
of the draft EIS by the Town. The hearing may be conducted in conjunction
with other public hearings.
G.
Comments will be received and considered by the Town
for not less than 30 days from the filing of the notice of completion of the
draft EIS or no more than 10 days following the public hearing, whichever
is later.
H.
No final EIS (FEIS) is required if the proposed action
has been withdrawn or the Town has determined that the action will not have
a significant effect on the environment. A negative declaration shall be prepared
and filed for the finding of no significant impact. A FEIS shall be filed
within 45 calendar days after the close of any hearing or within 60 calendar
days after the filing of the draft EIS, whichever occurs last.
I.
The last date for filing the FEIS may be extended where
it is determined that additional time is required to prepare the statement
adequately or where reconsideration or modification of the proposed action
is required. Notice of completion of the FEIS shall be filed in accordance
with 6 NYCRR 617.12. Prior to the issuance of a finding, the Town may require
a supplementary EIS, targeting specific issues not addressed or not adequately
addressed in the FEIS. The supplemental EIS shall be filed in accordance with
6 NYCRR 617.12. The supplemental EIS may be required under the following circumstances:
If scoping is required by the Town, the applicant must submit a draft
scope that contains the items identified in 6 NYCRR 617.8(f)(1) through (5).
The Town must provide a final written scope to the project sponsor within
60 days of its receipt of a draft scope. Public participation is required
either by providing a period of time for review and written comments or by
providing for public input through meetings or exchanges of written material.
If the Town fails to provide a final written scope, the applicant can prepare
and submit a draft EIS consistent with the draft scope. The Town shall follow
all procedures as outlined under 6 NYCRR 617.8.
