[HISTORY: Adopted by the Town Board of the Town of Henrietta 1-18-1978 by L.L. No. 1-1978; amended in its entirety 2-18-2015 by L.L. No. 1-2015. Subsequent amendments noted where applicable.]
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meanings as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
- The State Environmental Quality Review, as prescribed by Part 617 of Title 6 of the New York Codes, Rules and Regulations and the New York Environmental Conservation Law.
- The Town of Henrietta.
No decision to carry out or approve an action other than an action listed in § 103-3B hereof or in Section 617.5 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:
The conducting of contemporaneous environmental, engineering, economic feasibility or other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not commit the Town to approve, commence or engage in such action; or
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. Should multiple Town of Henrietta bodies be involved agencies with respect to an action subject to SEQR, and should those bodies not come to an agreement with regard to lead agency, the Town Board shall determine by resolution which town body, if any, shall be lead agency.
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 617.4 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:
The construction of shopping centers, industrial centers or other large-scale developments which would have a significant effect on existing drainage patterns and surface water runoff.
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 617.5 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:
Cleaning or improving existing drainage channels or creeks by the Town or its approved agent to prevent standing water or potential flooding conditions.
Roadside or park improvements for the protection or preservation of life, health, property or natural resources.
Construction of industrial or commercial buildings and/or small-scale subdivisions after receiving approval of appropriate Town boards and other reviewing agencies.
Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in a separate fee schedule to be adopted by the Town Board to defray the expenses incurred in rendering such determination.
Following a determination that a proposed action may have a significant effect on the environment, the Town shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
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.
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
If the applicant decides not to submit an environmental impact report, the Town 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 may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing the same if it is prepared by the applicant. Such fees shall be determined as follows: an amount equal to the estimated cost to the Town for such activity and/or estimates of time and materials, cost of Town employees and/or consultants hired by the Town for the specific purpose of preparing the draft environmental impact statement.