No decision to carry out or approve an action, other than an action listed in §
58-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by the Town Board until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that nothing herein shall be construed as prohibiting:
A. The conducting of contemporaneous environmental, engineering,
economic feasibility or other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action which do not
commit the Town to approve, commence or engage in such action.
B. The granting of any part of an application which relates
only to technical specifications and requirements, provided that no such partial
approval shall entitle or permit the applicant to commence the action until
all requirements of this chapter and Part 617 of Title 6 of the New York Codes,
Rules and Regulations have been fulfilled.
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 shall file a written statement with the Environmental
Review Board setting forth the name of the applicant, the location of the
real property affected, if any, a description of the nature of the proposed
action and the effect it may have on the environment. In addition, applicants
may include a detailed statement of the reasons why, in their view, a proposed
action may or will not have a significant effect on the environment. Where
the action involves an application, the statement shall be filed simultaneously
with the application for the action. The statement provided herein shall be
upon a form prescribed by resolution by the Town Board and 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 Planning
Board.
[Amended 3-13-2003 by L.L. No. 3-2003]
Every application for a determination under this chapter shall be accompanied by a reasonable fee as set forth in Chapter
85, Fees, Article
I, Building, Planning and Zoning, of the Code of the Town of Goshen.
If the Environmental Review Board determines that the proposed action is not an exempt action nor an action listed in §
58-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Environmental Review Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the Environmental Review Board determines that the proposed action may have a significant effect on the environment, the Environmental Review Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Where more than one agency is involved in an action, the procedures
of Section 617.4 of Part 617 of Title 6 of the New York Codes, Rules and Regulations
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 of the New York Codes, Rules and Regulations;
provided, however, that if, after such dates, the Planning Board modifies
an action undertaken or approved prior to that date and the Planning Board
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 of the New York Codes, Rules and Regulations.