Town of Berne, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Berne 1-11-1978 by L.L. No. 3-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 109.
Freshwater wetlands — See Ch. 114.
Subdivision of land — See Ch. 170.
Zoning — See Ch. 190.
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 NYCRR.
TOWN
The Town of Berne.
TOWN AGENCY
The Town officer, employee, board, commission or representative having jurisdiction of the proposed action, or if there be none, the Town officer employee, board, commission, or representative designated by the Town Board by resolution from time to time.
No decision to carry out or approve an action (other than an action listed in Appendix B hereof or Section 617.12 of Title 6 NYCRR as Type II actions) shall be made by the Town of Berne or by any Town agency until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 NYCRR.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The actions in Appendix A are likely to have a significant effect on the environment. The actions in Appendix B are deemed not to have a significant effect on the environment. The Town Board may amend Appendix A and Appendix B from time to time by resolution.[1]
[1]
Editor's Note: Appendixes A and B are included at the end of this chapter.
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 for action not listed in Appendix B shall file a written statement with the Town Agency upon a form prescribed by resolution of the Town, which 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 Town. Where the action involves an application, the statement shall be filed simultaneously with the application for the action.
The Town Agency shall, within 20 days following receipt of a complete application and statement or such longer period which may be agreeable to the applicant, determine whether such proposed action may or will not have a significant effect on the environment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
If the Town Agency determines that the proposed action is not an exempt action, not an action listed in Appendix B hereof or Section 617.12 of Title 6 NYCRR as a Type II action and that it will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter. If it is determined that the proposed action may have a significant effect on the environment, the Town Agency shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 NYCRR and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 NYCRR.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Upon a determination that a proposed action may have a significant effect on the environment, the Town Planning Board and the Conservation Board shall, in accordance with the provisions of Part 617 of Title 6 NYCRR:
A. 
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. If the applicant does not submit an environmental impact report, the processing of the application will cease and no approval will be issued; or
B. 
In the case of an action not involving an applicant (i.e., the Town, county or school), prepare a draft environmental impact statement.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Where more than one agency is involved in an action, the procedures of sections 617.4 and 617.8 of Part 617 of Title 6 NYCRR shall be followed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 NYCRR; provided, however, that if, after such dates the Town Planning Board or Conservation Advisory Council 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 NYCRR.
Fees to be paid by applicants shall be as set by the Town Board from time to time.