[HISTORY: Adopted by the Town Board of the Town of Marlborough 1-31-1983
as L.L. No. 1-1983. Amendments noted where applicable.]
The purpose of this chapter is to implement, for the Town of Marlborough,
the provisions of the State Environmental Quality Review Act and the State
Environmental Quality Review Regulations, thereby incorporating environmental
factors into existing planning and decisionmaking processes.
This chapter is adapted under authority of the Municipal Home Rule Law,
the State Environmental Quality Review Act and the State Environmental Quality
Review Regulations.
A.
EAF
EIS
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
STATE ENVIRONMENTAL QUALITY REVIEW REGULATIONS (PART 617)
As used in this chapter, the following terms shall have
the meanings indicated:
Environmental assessment form.
Environmental impact statement.
Article 8 of the Environmental Conservation Law, which is Chapter
43-B of the Consolidated Laws of the State of New York.
Part 617 of Title 6 of the official compilation of codes, rules and
regulations of the State of New York.
B.
All other terms for which definitions are given in SEQR
and/or Part 617 have the same meanings in this chapter.
All agencies, boards, departments, offices, other bodies or officers
of the Town of Marlborough must comply with SEQR, Part 617, and this chapter,
to the extent applicable, prior to carrying out, approving or funding any
action other than an exempt, excluded or Type II action.
A.
The lead agency is the agency (i.e., board, department,
office, other body or officer of the Board) principally responsible for carrying
out, funding or approving an action. The lead agency is responsible for determining
whether an EIS is required for the action and for preparing and filing the
EIS if it is required.
B.
Where more than one (1) agency is involved, the lead
agency is determined and designated as provided in Sections 617.6 and 617.7
of Title 6, except that for the following specific Type I and unlisted actions,
in cases where a federal or state agency permit or approval is not necessary,
the lead agency is:
(1)
Adoption, amendment or change in zoning or land use regulations:
Town Board.
(2)
Variances: Zoning Board of Appeals.
(3)
Construction or expansion of Town of Marlborough buildings,
structures and other facilities, including highways within the town: Town
Board.
(4)
Purchase, sale and/or lease of real property by the town:
Town Board.
(5)
Planned unit development or cluster zoning: Planning
Board.
(6)
Site plan review and special use permits: Planning Board.
(7)
Construction or expansion of a nonresidential facility:
Planning Board.
C.
The Town Supervisor will be the town's clearinghouse
for lead agency designation. It will assist agencies and applicants to identify
other federal, state and local agencies that may be involved in approving,
funding or carrying out Type I and unlisted actions. The clearinghouse will
make recommendations on designation of lead agencies for particular actions.
D.
Environmental review of actions involving a federal agency
will be processed in accordance with Section 617.16 of Title 6.
A.
When any agency, department, body, board or officer of
the town contemplates directly carrying out, funding or approving any Type
I action, a full environmental assessment form (EAF) must be prepared by it
or on its behalf. When an unlisted action is contemplated, either a full or
short-form EAF, as appropriate, must be prepared. The EAF forms given in Appendixes
A and B of Part 617 will be used as models, but may be modified to meet the
needs of particular cases. However, the final scope of such a modified EAF
must be at least as comprehensive as the scope of the model forms.
B.
When any person submits an application for funding or
a permit or other approval of a Type I or unlisted action to any agency, department,
body, board or officer of the town, an EAF must accompany the application.
For Type I actions, a full EAF must be prepared; for unlisted actions, either
the full EAF or the short-form may be used, as appropriate. An applicant may
choose to prepare a draft EIS in place of an EAF.
C.
The lead agency must make a determination of environmental
significance of the action. This determination must be based on the EAF or,
with respect to unlisted actions, its own procedures, as the case may be,
and on such other information as it may require. The criteria stated in Section
617.11 of Title 6 must also be considered by the lead agency in making its
determination of significance. The determination must be made within fifteen
(15) days of its designation as lead agency or within fifteen (15) days of
its receipt of all information it requires, whichever is later.
D.
For Type I actions, the lead agency must give public
notice and file a determination of nonsignificance, as provided in Subdivision
617.10(b) of Title 6. For unlisted actions, the lead agency must send a determination
of nonsignificance to the applicant and maintain its own records thereof,
in accordance with Subdivisions 617.7(e) and 617.10(f) of Title 6.
E.
If the lead agency makes a determination of nonsignificance,
the direct action, approval or funding involved will be processed without
further regard to SEQR, Part 617, or this chapter.
F.
The time of filing an application for approval or funding
of an action commences from the date the determination of environmental nonsignificance
is made. If the applicant prepared a draft EIS in lieu of an EAF, the time
of filing commences from the date the lead agency accepts the draft EIS as
adequate in scope and content and commences the public comment period.
A.
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed as
provided in Sections 617.8, 617.9 and 617.10 of Title 6. The draft EIS will
normally be prepared by the applicant. If the applicant fails to prepare a
draft EIS or prepares a draft EIS which is unacceptable to the lead agency,
the lead agency may either prepare a draft EIS itself, discontinue further
processing until the applicant can provide an acceptable draft EIS or deem
the application abandoned and discontinue review.
C.
If a public hearing is held on the draft EIS, it must,
whenever possible, be concurrent with any other hearing on the application.
A.
The fees for review or preparation of an EIS involving
approval or funding of an action will be fixed from time to time by resolution
of the Town Board.
B.
Fees so fixed will be consistent with the limitations
set by Section 617.17 of Title 6. When the EIS is prepared by an agency on
behalf of the applicant, fees will reflect the cost of preparation, including
publication of notices, but not the cost of environmental review by the agency.
However, the agency may not charge a fee for its determination of significance.
Critical areas of environmental concern will be designated from time
to time by resolution of the Town Board in accordance with provisions of Subdivision
617.4(h) of Title 6.
