No decision to carry out or approve an action, other than an action listed in §
49-3B 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 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.
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 Commission
for Conservation of the Environment 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. The statement
provided herein shall be upon a form prescribed by resolution of the Town
Commission for Conservation of the Environment and shall contain such additional
relevant information as shall be required in the prescribed form. Such statement
shall be accompanied by drawings, sketches and maps, if any, together with
any other relevant explanatory material required by the Town Commission for
Conservation of the Environment.
Upon receipt of a complete application and a statement, the Town Commission
for Conservation of the Environment shall cause a notice thereof to be posted
on the signboard, if any, of the Town maintained by the Town Clerk and may
also cause such notice to be published in the official newspaper of the Town,
if any, or in a newspaper having general circulation within the Town, describing
the nature of the proposed action and stating that written views thereon of
any person shall be received by the Town Commission for Conservation of the
Environment no later than a date specified in such notice.
[Amended 12-28-1988 by L.L. No. 10-1988]
Every application for determination under this chapter shall be accompanied
by a reasonable fee to defray the expenses incurred in rendering such determination.
Such fee shall be determined by the Town Board on a case-by-case basis.
The Town shall maintain files, open for public inspection, of all notices
of completion, draft and final environmental impact statements and written
determinations prepared or caused to be prepared by the Town Commission for
Conservation of the Environment.
Where more than one 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, a Town Commission for Conservation
of the Environment modifies an action undertaken or approved prior to that
date and the Town Commission for Conservation of the Environment determines
that the modification may have a significant adverse effect on the 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.