[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.
[Adopted 9-5-2023 by L.L. No. 5-2023]
The following areas are hereby designated as critical environmental
areas pursuant to the provisions of the New York State Environmental
Quality Review Act (SEQRA) regulations in 6 NYCRR 617.14(g):
A.
Schunnemunk Mountain CEA.
(1)
The area designated as "Schunnemunk Mountain CEA" on Attachment 1 to Chapter 112, Schunnemunk Mountain CEA Map, of the Town of Blooming Grove,[1] encompasses all that part of the unincorporated area of
the Town situated east of Clove Road (also designated Orange County
Road 27) which is 700 feet or more above mean sea level.
[1]
Editor's Note: The Critical Environmental Areas Working
Map is included as an attachment to this chapter.
(2)
This area possesses specific environmental characteristics which
are exceptional and unique, and it is the specific goal of this designation
to identify and protect those characteristics which are set forth
below:
(a)
This area includes environmentally sensitive lands, particularly
wetlands, areas of steep slopes, and areas of noteworthy biological
diversity and/or valuable habitat.
(b)
During any SEQR proceedings for any actions within this area,
the environmental sensitivity of the CEA shall be analyzed. Sensitive
environmental features may be adversely affected by any change, development
or disturbance in the area, and any proposed action must be scrutinized.
Mitigation measures may be required as part of the proposed action
to protect these critical environmental features.
