[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.
[Amended 9-13-2023 by L.L. No. 8-2023]
No decision to carry out or approve an action
subject to SEQR, other than 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.
[Amended 9-13-2023 by L.L. No. 8-2023]
Actions shall be classified in accordance with current SEQR
regulations.
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.
A.
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:
(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 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.
