Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the North Hempstead Town Board 2-27-1979 as L.L. No. 1, 1979 (this local law also repealed former Ch. 20, Environmental Quality Review, adopted 3-15-1977 as L.L. No. 3, 1977). Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous excavations — See Ch. 17.
Highway excavations — See Oh. 18.
Grading and soil removal — See Ch. 25.
Sand bank and pit excavations — See Ch. 45.
It is the intent of the Town Board, in enacting this chapter, to implement the provisions of the State Environmental Quality Review Act in accordance with the rules and regulations promulgated by the New York State Department of Environmental Conservation and contained in Title 6, Part 617, of the New York Codes, Rules and Regulations (NYCRR).
A. 
The terms and words used in this chapter shall have the same meanings as such terms and words are defined in Article 8 of the Environmental Conservation Law of the State of New York and Title 6, Part 617, of the New York Codes, Rules and Regulations, unless the context requires a different meaning.
B. 
The following additional terms shall have the following meanings:
AGENCY
Any department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the Town of North Hempstead.
COMMISSIONER
The Commissioner of the Department of Planning and Research Development of the Town of North Hempstead.
DEPARTMENT
The Department of Planning and Research Development.
EAF
An environmental assessment form.
LEAD AGENCY
Has the same meaning as the one used in Title 6, Part 617, of the New York Codes, Rules and Regulations.
PART 617
Title 6, Part 617, of the New York Codes, Rules and Regulations.
SEQR
The State Environmental Quality Review Act contained in Article 8 of the Environmental Conservation Law as from time to time amended.
TOWN
The Town of North Hempstead.
A. 
Except as otherwise provided in this chapter, the provisions of SEQR and Part 617 shall be fully applicable within the unincorporated areas of the town.
B. 
No action, other than an exempt, excluded or Type II action, as defined in Part 617, shall be carried out, approved or funded by any agency unless it has complied with SEQR, Part 617 to the extent applicable and with this chapter.
The Department is hereby delegated the authority to implement this chapter and administer the enforcement of SEQR and Part 617 within the town, and the Commissioner or his designated representative shall promulgate rules and regulations and prescribe a standard EAF as he deems necessary for the implementation of this chapter and SEQR.
[Amended 8-14-1984 by L.L. No. 9, 1984]
A. 
The provisions of Part 617 shall determine the designation of a lead agency for all actions.
B. 
Upon request of a town lead agency designated pursuant to the provisions of Part 617, the Department shall assist and advise the lead agency to ensure its conformity with the provisions of SEQR.
If any clause, sentence, paragraph, section, word or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter directly involved in the controversy in which such judgment is tendered.