[HISTORY: Adopted by the Town Board of the Town of Goshen 3-24-1977
by L.L. No. 4-1977. Amendments noted where applicable.]
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this chapter shall have the same
meaning as those defined in chapter § 8-0105 of the Environmental
Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and
Regulations.
B.
"Town" shall mean the Town of Goshen.
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.
A.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, no actions are likely to have
a significant effect on the environment other than as stated in Section 617.12
of Title 6 of the New York Codes, Rules and Regulations as Type I actions.
B.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, no additional actions are
deemed to have a significant effect on the environment other than as stated
in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations
as Type II actions.
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.
A.
The Environmental Review Board shall render a written
determination on such application within 15 days following receipt of a complete
application and statement; provided, however, that such period may be extended
by mutual agreement of the applicant and the Environmental Review Board. The
determination shall state whether such proposed action may or will not have
a significant effect on the environment. The Environmental Review Board may
hold informal meetings with the applicant and may meet with and consult any
other person for the purpose of aiding it in making a determination on the
application.
B.
The time limitations provided in this chapter shall be
coordinated with, to the extent practicable, other time limitations provided
by statute or local law, ordinance or regulation of the Town.
[Amended 3-13-2003 by L.L. No. 3-2003]
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.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Environmental Review Board
shall, in accordance with the provisions of Part 617 of Title 6 of the New
York Codes, Rules and Regulations:
(1)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and request the applicant to prepare
an environmental impact report in the form of a draft environmental impact
statement.
(2)
In the case of an action not involving an applicant,
prepare a draft environmental impact statement. If the applicant decides not
to submit an environmental. impact report, the Planning Board shall prepare
or cause to be prepared the draft environmental impact statement or, in its
discretion shall notify the applicant that the processing of the application
will cease and that no approval will be issued.
B.
The Planning Board may require an applicant to submit
a fee to defray the expense to it of preparing a draft environmental impact
statement or reviewing same if it is prepared by the applicant. Such fees
shall be determined as follows: as set forth on an annual basis.
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.
