[HISTORY: Adopted by the Town Board of the Town of Greenfield 6-9-1977
by L.L. No. 3-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 11.
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this chapter shall have the same
meaning as those defined in § 8-0105 of the New York Environmental
Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and
Regulations.
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.
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: none.
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: none.
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.
A.
The Town Commission for conservation of the Environment
shall render a written determination of such application within 15 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 Commission
for Conservation of the Environment. The determination shall state whether
such proposed action may or will not have a significant effect on the environment.
The Town Commission for Conservation of the Environment 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 of 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.
[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.
A.
If the Town Commission for Conservation of the Environment determines that the proposed action is not an exempt action, not 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 and that it will not have a significant effect on the environment, the Town Commission for Conservation of the Environment 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.
B.
If the Town Commission for Conservation of the Environment
determines that the proposed action may have a significant effect on the environment,
the Town Commission for Conservation of the Environment 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.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Town Commission for Conservation
of the Environment shall, in accordance with the provisions of Part 617 of
Title 6 of the New York Codes, Rules and Regulations:
(1)
In the case of an action involving an applicant immediately
notify the applicant of the determination and request the applicant to prepare
an environmental impact report in the form of a draft environmental impact
statement.
(2)
In the case of an action not involving an applicant,
prepare a draft environmental impact statement.
B.
If the applicant decides not to submit an environmental
impact report, the Town Commission for Conservation of the Environment shall
prepare or cause to be prepared the draft environmental impact statement or,
in its discretion, notify the applicant that the processing of the application
will cease and that no approval will be issued. The Town Commission for Conservation
of the Environment may require an applicant to submit a fee to defray the
expense to it of preparing a draft environmental impact statement or reviewing
same if it is prepared by the applicant. Such fees shall be determined as
follows:
(1)
Fees and costs. In those cases where the Town Commission
for Conservation of the Environment prepares or causes to be prepared the
draft environmental impact statement, the Town Commission of Conservation
of the Environment may charge a fee to the applicant for the cost of such
preparation. The fee shall be calculated according to the following schedule,
but in no event shall it exceed 1/2 of 1% of the total cost of the project:
|
Fee = X[(A) + (A)(B) + (C)]
|
|
Where
| ||
|
A =
|
Personal service rate per hour.
| |
|
B =
|
Fringe benefits at the rate set annually by the Comptroller.
| |
|
C =
|
Overhead at a rate of 35% of (A)(B).
| |
|
X =
|
Time expressed in hours.
| |
(2)
Public hearings and notices thereof. The Town Commission
for Conservation of the Environment may charge a fee to an applicant for the
cost of publishing a notice of hearing on a draft environmental impact statement
and for the cost incurred in the conducting of a public hearing.
C.
Upon the completion of a draft environmental impact statement
prepared by or at the request of the Town, a notice of completion containing
the information specified in Section 617.7(d) of Title 6 of the New York Codes,
Rules and Regulations shall be prepared, filed and circulated as provided
in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
In addition, it shall be published in the official newspaper, if any, of the
Town, or, if none, a newspaper having general circulation within the Town,
and a copy thereof shall also be posted on a signboard of the Town. Copies
of the draft environmental impact statement and the notice of completion shall
be filed, sent and made available as provided in Section 617.7(e) and (f)
of Title 6 of the New York Codes. Rules and Regulations.
D.
If the Town Commission for Conservation of the Environment
determines to hold a public hearing on a draft environmental impact statement,
notice thereof shall be filed, circulated and sent in the same manner as the
notice of completion and shall be published in the official newspaper of the
Town, if any, or, if none, in a newspaper having general circulation within
the Town, at least 10 days prior to such public hearing. Such notice shall
also state the place where substantive written comments on the draft environmental
impact statement may be sent and the date before which such comments shall
be received. The hearing shall commence no less than 15 calendar days nor
more than 60 calendar days from the filing of the draft environmental impact
statement, except as otherwise provided where the Town Commission for Conservation
of the Environment determines that additional time is necessary for the public
or other agency review of the draft environmental impact statement or where
a different hearing date is required, as appropriate, under other applicable
law.
E.
If, on the basis of a draft environmental impact statement
or a public hearing thereon, the Town Commission for Conservation of the Environment
determines that an action will not have a significant effect on the environment,
the proposed action may be processed without further regard to this chapter.
A.
Except as otherwise provided herein, the Town Commission
for Conservation of the Environment shall prepare or cause to be prepared
a final environmental impact statement in accordance with the provisions of
Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided,
further, that if the action involves an application, the Town Commission for
Conservation of the Environment may direct the applicant to prepare the final
environmental impact statement. Such final environmental impact statement
shall be prepared within 45 days after the close of any hearing or within
60 days after the filing of the draft environmental impact statement, whichever
last occurs; provided, however, that the Town Commission for Conservation
of the Environment may extend this time as necessary to complete the statement
adequately or where problems identified with the proposed action require material
reconsideration or modification.
B.
Where the action involves an application, such final
environmental impact statement shall be accompanied by the fee specified in
this section to defray the expenses of the Town in preparing and/or evaluating
same. The fee shall be determined as follows:
(1)
Fees and costs. In those cases where the Town Commission
for Conservation of the Environment prepares or causes to be prepared the
final environmental impact statement, the Town Commission for Conservation
of the Environment may charge a fee to the applicant for the cost of such
preparation. The fee shall be calculated according to the following schedule,
but in no event shall it exceed 1/2 of 1% of the total cost of the project:
[Amended 12-28-1988 by L.L. No. 10-1988]
|
Fee = X[(A) + (A)(B) + (C)]
|
|
Where
| ||
|
A =
|
Personal service rate per hour.
| |
|
B =
|
Fringe benefits at the rate set annually by the Comptroller.
| |
|
C =
|
Overhead at a rate of 35% of (A)(B).
| |
|
X =
|
Time expressed in hours.
| |
(2)
Public hearings and notices thereof. The Town Commission
for Conservation of the Environment may charge a fee to an applicant for the
cost of publishing a notice of hearing on a final environmental impact statement
and for the cost incurred in the conducting of a public hearing.
[Amended 12-28-1988 by L.L. No. 10-1988]
C.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 49-9C herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
D.
No decision to carry out or approve an action which has
been the subject of a final environmental impact statement by the Town Commission
for Conservation of the Environment or by any other agency shall be made until
after the filing and consideration of the final environmental impact statement.
Where the Town Commission for Conservation of the Environment has been the
lead agency for an action, it shall make a decision whether or not to approve
the action within 30 days of the filing of the final environmental impact
statement.
A.
When the Town Commission for Conservation of the Environment
decides to carry out or approve an action which any have a significant effect
on the environment it shall make the following findings in a written determination:
(1)
Consistent with social, economic and other essential
considerations of state policy, to the maximum extent practicable, from among
the reasonable alternatives thereto, the action to be carried out or approved
is one which minimizes or avoids adverse environmental effects, including
the effects disclosed in the relevant environmental impact statements; and
(2)
All practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse environmental effects.
B.
For public information purposes, a copy of the determination
shall be filed and made available as provided in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
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.
