Subdivision 3 of § 8-0113 of the State Environmental Quality
Review Act (SEQRA) (Article 8 of the Environmental Conservation Law) requires
the Town to adopt additional procedures necessary for implementation of SEQRA
consistent with the rules and regulations adopted by the Commissioner of the
Department of Environmental Conservation of the State of New York. The rules
and regulations so adopted are Part 617 of the Official Compilation of Codes,
Rules and Regulations of the State of New York. The purpose of this chapter
is to comply with Subdivision 3 of § 8-0113 of SEQRA.
As used in this chapter, the following terms shall have the meanings
indicated:
Any activity, except an exempt action, as defined in this section,
including, without limitation, the following:
Physical activities such as construction or other activities which change
the use or appearance of any natural resource or a structure.
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.
Licensing activities such as the proposing, approval or disapproval
of a lease, permit, license, certificate or other entitlement for use or permission
to act.
Planning activities such as site selection for other activities and
the proposing, approval or disapproval of master or long-range plans, zoning
or other land use maps, ordinances or regulations, development plans or other
plans designed to provide a program for future activities.
Policy-making activities such as the making, modification or establishment
of rules, regulations, procedure, policies and guidelines.
Conditional approvals as defined in this section.
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.
Any person making an application or other request for department
action.
An application which, in the judgment of the appropriate Town department,
contains sufficient information on which to make a decision whether or not
to approve or tentatively approve an action proposed by the applicant. In
the case of an action involving an applicant, it shall include the filing
of all applications to the department associated with the proposed action
that are required pursuant to any statute, rule or regulation unless, in the
judgment of such department, such filing is not feasible or appropriate given
the nature of the action or that the failure to file all such applications
at the same time will not preclude adequate reviews by the department.
A general and preliminary expression of department assent that a
large-scale project proposed by an applicant, such as staged construction
of a realty subdivision on a specified site, is feasible in light of environmental
and statutory constraints. A "conditional approval" does not automatically
assure the issuance of necessary permits and approvals for a project, which
are subject to final approval based upon more complete and developed engineering
and other planning details provided by the applicant at a later time.
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 or population concentration,
distribution or growth and existing community or neighborhood character.
An evaluation of the short- and long-term, primary and secondary
environmental effects of an action, with particular attention to the same
areas of environmental impacts as would be contained in an Environmental Impact
Statement. It is the means by which the Town may determine whether an action
under consideration may or will not have a significant effect on the environment.
A written document prepared in accordance with these regulations.
An "environmental impact statement" may either be a draft or final.
A written report submitted to the Town by an applicant. It contains
an analysis of the environmental factors as they relate to the applicant's
proposed action and such other information as may be deemed necessary.
Any one of the following:
Enforcement or criminal proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings.
Ministerial actions.
Maintenance or repair involving no substantial changes in an existing
structure or facility.
Actions which are immediately necessary on a limited emergency basis
for the protection or preservation of life, health, property or natural resources.
An action performed upon a given state of facts in a prescribed manner
imposed by law without exercise of any judgment of 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.
A written statement prepared by the Town, after conducting an environmental
analysis of an action, which announces that the Town has determined that the
action will not have a significant effect on the environment.
A written statement prepared by the Town, after conducting an environmental
analysis of an action, which announces that the Town has determined that the
action may have a significant effect on the environment.
Any agency, individual, corporation, governmental entity, partnership,
association, trustee or other legal entity.
For specific projects initiated by the Town, for special use permits
and for requests for changes in zoning, the official so designated by the
Town Board.
For site plan reviews under the Zoning Ordinance and subdivisions under
the Subdivision Regulations,[1] the Planning Board.
In all other cases, the official in whom is vested the ultimate authority
to approve the action under consideration.
A written analysis submitted to the Town by an applicant in a form
prescribed by and at the request of the Town, providing an identification
and analysis of the environmental impacts of proposed actions subject to Town
approval.
