Town of Blooming Grove, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Blooming Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-11-1988 by L.L. No. 3-1988; amended in its entirety 1-25-1999 by L.L. No. 1-1999]
The Town Board of the Town of Blooming Grove finds that the time periods for procedures prescribed by 6 NYCRR Part 617, constituting the State Environmental Quality Review Regulations do not fully integrate or correspond to the procedures followed by Town boards and agencies. To more fully integrate and harmonize those time periods and procedures with the conduct of public procedures in the Town, the Town Board, pursuant to the authority granted in 6 NYCRR § 617.14(b), is adopting this article varying the time periods established in the SEQR regulations. The Town Board finds that the time changes set forth herein will not impose unreasonable delay in review and approval of actions. The Town Board intends that the time periods adopted herewith shall supersede the periods for holding hearings or taking action with respect to applications set forth in Town Law § 276 to the extent necessary to assure and achieve full compliance with SEQR.
[Amended 5-23-2005 by L.L. No. 4-2005]
The following time periods are established with respect to the establishment of lead agency and determination of significance:
A. 
Section 617.6(b)(1)(ii). The twenty-calendar-day period for determination of significance of an action concerning funding or approval is extended to the meeting in the following month corresponding to the regular monthly meeting at which the application and all additional information reasonably necessary was received or until the meeting at which a public hearing is closed, if such hearing is either required or scheduled.
B. 
Section 617.6(b)(3)(i). The thirty-calendar-day period in which to establish the lead agency is extended to the meeting in the following month corresponding to the regular monthly meeting at which the application was initially received.
C. 
Section 617.6(b)(3)(ii). The twenty-calendar-day period in which a determination of significance must be made following establishment of the lead agency is extended to the meeting in the following month corresponding to the regular monthly meeting at which notice confirming establishment of the lead agency is received.
D. 
Section 617.6(b)(4)(i). The time period for determination of significance of an action is extended to the meeting in the following month corresponding to the regular monthly meeting at which the application and all additional information reasonably necessary was received or until the meeting at which a public hearing is closed, if such hearing is either required or scheduled.
E. 
Time periods set forth above in this section shall not begin to run until the date of the meeting at which all additional information reasonably needed to make a determination is received.
[Amended 5-23-2005 by L.L. No. 4-2005]
The time period for scoping procedures is extended as follows:
A. 
Section 617.8(f) and (i). The sixty-calendar-day period following receipt of a draft scope during which a lead agency must provide a final written scope or after which an applicant may submit a draft EIS is extended to the meeting in the month two months following the corresponding regular monthly meeting at which the draft scope was received.
[Amended 5-23-2005 by L.L. No. 4-2005]
The time periods for environmental impact statement procedures are extended as follows:
A. 
Section 617.9(a)(2). The forty-five-day period to accept a draft EIS and the thirty-day period to accept a resubmitted draft EIS are extended to the meeting in the month two months following the corresponding regular monthly meeting at which the draft EIS is received.
B. 
Section 617.9(a)(5). The forty-five- and sixty-calendar-day periods in which the lead agency must cause a FEIS to be filed are extended to such time as an applicant or sponsor reasonably needs to prepare such FEIS. The lead agency may cause the FEIS to be filed by requiring the applicant or sponsor to file the same.
[Amended 5-23-2005 by L.L. No. 4-2005]
The time period for decision-making and findings requirements is extended as follows:
A. 
Section 617.11(b). The thirty-calendar-day period after the filing of the final FEIS for a lead agency's filing of written findings and a decision whether or not to approve or fund an action is extended to the meeting in the following month corresponding to the regular monthly meeting following the close of the public comment period on the FEIS.
[Amended 5-23-2005 by L.L. No. 4-2005]
A. 
If any event triggering a time period occurs at a special meeting, it shall be deemed to occur at the following regularly scheduled meeting.
B. 
If a regularly scheduled meeting is canceled or postponed, the time periods promulgated hereunder shall be extended to the next regularly scheduled meeting or the adjourned or makeup meeting, whichever occurs first.
C. 
No time period after which an applicant may be entitled to automatic approval and a Clerk's certificate attesting to such fact shall be deemed to commence until all SEQR procedures have been completed.
D. 
The time periods set forth herein are directory, not mandatory.
This article shall supersede any inconsistent provision of the Town Law.