[HISTORY: Adopted by the Town Board of the Town of Gardiner 3-20-1984
by L.L. No. 2-1984 as Ch. 32 of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Environmental Quality
Review Law of the Town of Gardiner, New York."
The purpose of this chapter is to implement for the Town of Gardiner
SEQR and Part 617.
A.
Generally. 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
Specific terms. The following terms shall have the following
meaning:
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 Gardiner.
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 of Gardiner, unless it has complied with SEQR, Part 617 to the extent
applicable and this chapter.
A.
Preparation of EAF. An EAF shall be prepared by or on
behalf of any agency, board, body or officer of the Town of Gardiner in connection
with any Type I action 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.
Preliminary determination; time limit. 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 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 617.12;
for unlisted actions a determination of nonsignificance shall be sent to the
applicant and maintained in accordance with Part 617.12 and 617.12. 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.
[Amended 8-12-2003 by L.L.
No. 3-2003]
C.
Computation of time limit. 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 Part 617.9, 617.11 and 617.12. Commencing with the acceptance
of the draft EIS, the time limitation for 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, 617.7 and 617.8, except that in the following Type I and unlisted actions
the lead agency shall be as provided herein [The list of lead agencies in
this section is not intended to indicate a complete or ironclad predetermination
of lead agencies within the municipality, but rather to serve as an example.
Lead agencies will emerge through normal processing of actions, by agreement
and by designation of the Environmental Conservation Commissioner. Thus, the
list could change.]:
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: Zoning Board of Appeals.
D.
Purchase, sale and lease of real property by the Town
of Gardiner, 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: Town Planning Board.
F.
Site plan review and special use permit not requiring
a federal or state agency permit or approval: Town Planning Board.
G.
Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: Town Planning
Board.
H.
Parking lot not requiring a federal or state agency permit
or approval: Town Planning Board.
The Planning Board 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 617.15.
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. If the applicant prepares the EIS, the Town
may charge a fee for actual expenses of reviewing it, but if a Town agency
prepares an EIS on behalf of an applicant, it may charge a fee for the cost
of preparing, including publication of notices, but not for the cost of professional
review.
[Amended 8-12-2003 by L.L.
No. 3-2003]
Critical environmental areas may be designated by resolution of the
Town Board in accordance with Part 617.14(g).
The following are deemed Type I actions in addition to those set forth
in Part 617.4: None.
The following are deemed Type II actions in addition to those set forth
in Part 617.5:
A.
Reconstruction or repair of existing highways, including
drainage, not involving the addition of new travel lanes.
B.
Installation or repair of utility facilities within a
highway right-of-way.
C.
Reconstruction or replacement of bridges on the same
location.
D.
Construction of individual driveway entrances.
