[HISTORY: Adopted by the Town Board of the Town of Harrison 3-16-1977 byL.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 47.
Building construction — See Ch. 103.
Erosion and sediment control — See Ch. 130.
Excavations and soil removal — See Ch. 133.
Fees — See Ch. 137.
Flood damage prevention — See Ch. 146.
Freshwater wetlands — See Ch. 144.
Streets and sidewalks — See Ch. 201.
Subdivision of land — See Ch. 204.
Zoning — See Ch. 235.
A. 
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.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACTION
Any activity of an agency, except an exempt action as defined in the Appendix of Part 617 of Title 6 of the New York Codes, Rules and Regulations.
(1) 
Physical activities, such as construction or other activities which change the use or appearance of any natural resource or structure.
(2) 
Funding activities, such as the proposing, approval or disapproval of contracts, grants, subsidies, loans, tax abatements or exemptions, or other forms of direct or indirect financial assistance.
(3) 
Licensing activities, such as the proposing, approval or disapproval of a lease, permit, license, certificate or other entitlement for use or permission to act.
(4) 
Planning activities, such as site selection for other activities and the proposing, approval or disapproval of master or long-range plans, zoning or other and use maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities.
(5) 
Policymaking activities, such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines.
AGENCY
Any state department, agency, board, public benefit corporation, public authority or commission or any local agency, including any village, town, city, county, board, district, commission, governing body and other political subdivision of the state.
APPLICANT
Any person making an application or other request for agency action.
COMMISSIONER
The Commissioner of Environmental Conservation.
DEPARTMENT
The Department of Environmental Conservation.
ENVIRONMENT
The physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth and existing community or neighborhood character.
ENVIRONMENTAL IMPACT STATEMENT
A written document prepared in accordance with Section 617.6 of Title 6 of the New York Codes. Rules and Regulations. An environmental impact statement may either be a draft or be final.
EXEMPT ACTION
Any one of the following:
(1) 
Enforcement or criminal proceedings or the exercise of prosecutory discretion in determining whether or not to institute such proceedings.
(2) 
Ministerial actions.
(3) 
Maintenance or repair involving no substantial changes in an existing structure or facility.
(4) 
With respect to the requirements of Subdivision 2 of § 8-0109 of Article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under Articles VII and VIII of the Public Service Law and the consideration, grant or denial of any such certificate.
(5) 
With respect to the requirements of Subdivision 2 of § 8-0109 of Article 8 of the Environmental Conservation Law, actions subject to the jurisdiction of the Adirondack Park Agency pursuant to § 809 of the Executive Law, including actions of the Adirondack Park Agency thereunder and actions subject to the jurisdiction of local governments pursuant to § 808 of the Executive Law, including actions of such local governments thereunder.
(6) 
Except as set forth in Section 617.5 of Title 6 of the New York Codes, Rules and Regulations, actions undertaken or approved prior to June 1, 1977. An action shall be deemed to be undertaken or approved prior to June 1, 1977, if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
(7) 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
(8) 
Actions of the Legislature of the State of New York or of any court.
MINISTERIAL ACTION
An action performed upon a given state of facts in a prescribed manner imposed by law, without the exercise of any judgment or discretion as to the propriety of the action, such as the grant of a driver's license, although such law may require, in some degree, a construction of its language or intent.
PERSON
Any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.
PLANNING BOARD
The Planning Board of the Town of Harrison.
TOWN
The Town of Harrison.
TYPICAL ASSOCIATED ENVIRONMENTAL EFFECTS
Changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles. For example, the diminution of a predator population is typically associated with the increase in a prey population.
No decision to carry out or approve an action, other than an action listed in § 126-3A 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 to the formulation of a proposal for action, which do not commit the town to approve, commence or engage in such action.
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, those actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions are deemed likely to have a significant effect on the environment.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, those actions 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.
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 Planning Board 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; the effect it may have on the environment; and 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, this statement shall be completed and filed in order to have the application for the action deemed completed. The statement provided herein shall be upon a form prescribed by resolution by the Planning Board 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 Planning Board.
Upon receipt of a complete application and a statement, the Planning Board shall cause a notice thereof to be posted on the signboard, if any, of the town, maintained by the town, and at the applicant's expense shall also cause such notice to be published in the official newspaper of the town 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 Planning Board no later than a date specified in such notice.
A. 
The Planning Board shall render a written determination on the environmental assessment 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 Planning Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Planning Board 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 on 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.
Every application for determination under this chapter shall be accompanied by a fee, set forth by the Planning Board, to defray the expenses incurred in rendering the initial determination of whether the action may or will not have a significant effect on the environment.
A. 
If the Planning Board determines that the proposed action is not an exempt action and not an action listed in § 126-3B 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 enviornment, the Planning Board shall prepare and file 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 Planning Board determines that the proposed action may have a significant effect on the environment, the Planning Board shall prepare and file 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 Planning Board 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 shall 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 Planning Board shall notify the applicant that the processing of the application will cease and that no approval will be issued.
A. 
Upon completion of a draft enviornmental impact statement prepared by t+he applicant 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 and filed 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 at the applicant's expense 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.
B. 
If the Planning Board 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, of the filing of the draft environmental impact statement, except as otherwise provided where the Planning Board 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.
If, on the basis of a draft environmental impact statement and/or a public hearing thereon, the Planning Board 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.
[Amended 2-19-1986 by L.L. No. 2-1986; 2-21-2007 by L.L. No. 1-2007]
Except as otherwise provided herein, the Planning Board shall 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 Planning Board shall 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 60 days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the Planning Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. 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 set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 126-10 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.
No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Planning Board or any other agency shall be made until after the filing and consideration of the final enviromental impact statement. Where the Planning Board 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.
When a Planning Board decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
A. 
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.
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.
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 Planning Board.
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 governing body or appropriate department, board, commission, officer or employee having jurisdiction modifies an action undertaken or approved prior to that date, and the Planning Board 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.