Town of Bergen, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bergen 5-23-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 256.
Flood damage prevention — See Ch. 275.
Freshwater wetlands — See Ch. 282.
Stormwater management and erosion control — See Ch. 425.
Subdivision of land — See Ch. 437.
Zoning — See Ch. 475.

§ 268-1 Definitions.

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 § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 NYCRR.
TOWN
The Town of Bergen.

§ 268-2 Compliance required.

No decision to carry out or approve an action other than an action listed in § 268-3B hereof or Part 617.12 of 6 NYCRR as Type II action, shall be made by the Town Board of by any department, board, commission, officer or employee of the Town until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 NYCRR; 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; or
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 NYCRR have been fulfilled.

§ 268-3 Actions likely and not likely to have effect on environment.

A. 
Consistent with Part 617 of Title 6 NYCRR and the criteria therein, the following actions, in addition to those listed in Part 617.12 of Title 6 NYCRR as Type 1 actions, are likely to have a significant effect on the environment.[1]
[1]
Editor's Note: So in original.
B. 
Consistent with Part 617 of Title 6 NYCRR and the criteria therein, the following actions, in addition to those listed in Part 617.12 of Title 6 NYCRR as Type II actions, are deemed not to have a significant effect on the environment.[2]
[2]
Editor's Note: So in original.

§ 268-4 Written statement by applicant.

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 Planning 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 Planning 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.

§ 268-5 Time limit for determination by Planning Board.

A. 
The Planning Board shall render 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 Planning Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Planning Board will 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.

§ 268-6 Fee.

Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in this section to defray the expenses incurred in rendering such determination. The fees shall be as follows.[1]
[1]
Editor's Note: So in original.

§ 268-7 Determination by Planning Board.

If the Planning Board determines that the proposed action is not an exempt action, not an action listed in § 268-3B hereof or Part 617.12 of Title 6 of NYCRR as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in Part 617.7(b) of Title 6 NYCRR and thereafter the proposed action may be processed without further regard to this chapter. If the Planning Board determines that the proposed action may have significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in 617.7(b) of Title 6 NYCRR and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 NYCRR.

§ 268-8 Preparation of environmental impact report.

A. 
Following a determination that a proposed action may have a significant effect on the environment, the Planning Board shall, in accordance with the provisions of Part 617 of Title 6 NYCRR:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement; or
(2) 
In the case of an action not involving an applicant, shall prepare a draft environmental impact statement.
B. 
If the applicant decides not to submit an environmental impact report, the Planning Board shall prepare to cause to be prepared the draft environmental impact statement, or in its discretion notify the applicant that the processing of the application will cease and that no approval will be issued. 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 pursuant to Part 617.11 of Title 6 NYCRR.

§ 268-9 Procedures for more than one agency.

Where more than one agency is involved in an action, the procedures of Parts 617.4 and 617.8 of Part 617 of Title 6 NYCRR shall be followed.

§ 268-10 Effect on previously approved actions.

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 NYCRR; 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 NYCRR.