[HISTORY: Adopted by the Town Board of the Town of Brant 2-14-1979
as L.L. No. 1-1979. Sections 83-4B, 83-6 and 83-10 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
The purpose of this chapter is to implement for the Town of Brant SEQR
and Part 617.
A.
The terms and words used in this chapter shall have the
same meaning as such terms and words are defined in Article 8 of the Environmental
Conservation Law and Part 617, unless the context requires a different meaning.
B.
EAF
EIS
PART 617
SEQR
TOWN
The following terms shall have the following meanings:
Environmental assessment form.
Environmental impact statement.
The rules and regulations set forth in 6 NYCRR 617.
The State Environmental Quality Review Act as set forth in Article
8 of the Environmental Conservation Law.
The Town of Brant.
No action, other than an exempt, excluded or Type II action, shall be
carried out, approved or funded by any agency, board, body or officer of the
town unless it has complied with SEQR, Part 617, to the extent applicable,
and this chapter.
A.
An EAF shall be prepared by or on behalf of any agency,
board, body or officer of the town in connection with any Type I action that
such agency, board, body or officer contemplates or proposes to carry out
directly. For an unlisted action, an EAF in a short or long form may be prepared
to facilitate a preliminary determination of environmental significance.
B.
An application for permit or funding of a Type I action
shall be accompanied by an EAF and for an unlisted action may be accompanied
by a short- or long-form EAF, as may be needed to assist the lead agency in
making a preliminary determination of environmental significance. An applicant
may prepare a draft EIS to accompany the application in place of the EAF.
In lieu of an EAF, the Town Board or a lead agency having authority to adopt
its own regulations may adopt a different procedure for reviewing environmental
significance of unlisted actions. The lead agency shall make a preliminary
determination of environmental significance of the action on the basis of
the EAF, draft EIS or, with respect to unlisted actions, in accordance with
its own procedures, as the case may be, and such other information it requires.
Such determination shall be made within 20 days of its designation as lead
agency or within 20 days of its receipt of all information it requires, whichever
is later. For Type I actions, a determination of nonsignificance shall be
noticed and filed as provided in Part 617.10(a); for unlisted actions a determination
of nonsignificance shall be sent to the applicant and maintained in accordance
with Parts 617.10(a)(1) and 617.10(c). After a determination of nonsignificance,
the action, including one involving a permit or funding, shall be processed
without further regard to SEQR, Part 617 or this chapter.[1]
C.
The time of filing an application for approval or funding
of an action shall commence to run from the date the preliminary determination
of environmental nonsignificance is rendered or, if in lieu of an EAF the
applicant prepares a draft EIS, from the date the applicant files a draft
EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed
as provided in Parts 617.8, 617.9 and 617.10. Commencing with the acceptance
of the draft EIS, the time limitation for processing the EIS shall run concurrently
with the time limitations applicable to processing the application for approval
or funding of the action, and a public hearing on the draft EIS, if any, shall
be held concurrently with any hearing to be held on such application. The
draft EIS shall be prepared by the applicant. Failure by the applicant to
prepare an EIS acceptable to the lead agency shall, at the option of the lead
agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Part
617.6, except that in the following Type I and unlisted actions the lead agency
shall be as provided herein:
A.
Adoption, amendment or change in zoning regulations not
requiring a federal or state agency permit or approval: the Town Board.
B.
Construction or expansion of town buildings, structures
and facilities within the town not requiring a federal or state agency permit
or approval: the Town Board.
C.
Variances not requiring a federal or state agency permit
or approval: the Zoning Board of Appeals.
D.
Purchase, sale and lease of real property by the town
not requiring a federal or state agency permit or approval: the Town Board.
E.
Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: the Town Board.
F.
Site plan review and special use permit not requiring
a federal or state agency permit or approval: the Town Board.
G.
Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: the Town Board.
H.
Parking lot not requiring a federal or state agency permit
or approval: the Town Board.
The Town Attorney shall act as the town clearinghouse for lead agency
designation. Such clearinghouse shall assist agencies and applicants to identify
other agencies, including federal and state, that may be involved in approving,
funding or carrying out Type I and unlisted actions. The clearinghouse shall
also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be
processed in accordance with Part 617.16.
The fees for review or preparation of an EIS involving an applicant
for approval or funding of an action shall be fixed from time to time by a
resolution of the Town Board.
Critical areas of environmental concern may be designated by resolution
of the Town Board in accordance with Part 617.4(h).[2]
