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 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.
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.
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.
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.
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.
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.
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.