The purpose of this chapter is to implement for the Town of Newburgh
SEQR and Part 617.
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.
The lead agency shall be determined and designated as provided in Part
617.6 and 617.7, 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: 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: Town Board.
C. Variances not requiring a federal or state agency permit
or approval: Town 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: Town Board.
E. Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: Town Planning Board.
F. Subdivision and/or site plan approval and special use
permit not requiring a federal or state agency permit or approval: Town Planning
Board.
G. Construction or expansion of any non-town-owned facility
not requiring a federal or state agency permit or approval: Town Planning
Board or Building Inspector where no Planning Board approval is required.
H. Parking lot not requiring a federal or state agency permit
or approval: Building Inspector.
The Town Engineer or his designated representative shall act as the
town clearinghouse for lead agency designation. Such clearinghouse shall assist
agencies and applicants in identifying 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 as provided in Chapter
104, Fees.
[Amended 4-15-1987 by L.L. No. 2-1987]
The following critical areas of environmental concern are hereby designated
in accordance with Part 617.4(h):
A. Chadwick Lake Reservoir Environs. All those plots, parcels
or pieces of land located within the following boundaries: Beginning at a
point at the intersection of New York State Route 32 and New York State Route
300 and proceeding westerly along said Route 300 to its intersection with
Mountain View Avenue; thence northerly along Mountain View Avenue to its intersection
with Mill Street; thence easterly on Mill Street to its intersection with
New York State Route 32; thence southerly along New York State Route 32 to
its intersection with Fostertown Road; thence southeasterly on Fostertown
Road to its intersection with Sarvis Lane; thence southwesterly on Sarvis
Lane to the point of its intersection with New York State Route 32; thence
southerly on New York State Route 32 to the point or place of beginning.
[Amended 4-15-1987 by L.L. No. 2-1987]
The following are deemed Type I actions in addition to those set forth
in Part 617.12:
A. Any action within a critical area of environmental concern as designated by §
100-10 of this chapter.