Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kingsbury 7-9-1979 by L.L. No. 1-1979 (Ch. 43 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 32.
Subdivision regulations — See Ch. 240, Part 1.
120a Appendix A

§ 120-1 Definitions.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meanings as those defined in § 8-0105 of the Environmental Conservation Law and § 617.2 of Part 617 of Title 6 of NYCRR, said Part 617 referred to herein as adopted September 1, 1978.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
NYCRR
Codes, rules and regulations of the State of New York.
TOWN
The Town of Kingsbury.
C. 
A list of "ministerial acts" performed by Town employees are included herein under Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.

§ 120-2 Compliance required.

No decision to carry out or approve an action, other than an action listed in § 120-3B hereof or § 617.13 of Title 6 of NYCRR as a Type II action, shall be made by the Town Board or 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 of 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.
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 NYCRR have been fulfilled.

§ 120-3 Type I and Type II actions.

A. 
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to those listed in § 617.12 of Title 6 of NYCRR as Type I actions, are likely to have a significant effect on the environment: none.
B. 
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to those listed in § 617.13(d) of the Title 6 of NYCRR as Type II actions, are deemed not to have a significant effect on the environment:
(1) 
Construction of a minor subdivision, as defined in the Town Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 240, Part 1, Subdivision Regulations.
(2) 
General highway maintenance, including patching roads with blacktop or emulsion, ditching, brush cutting, burning of brush, plowing snow, salting of roads for ice control, using salt and calcium for road stabilization and dust control.
(3) 
Installing traffic control devices on existing streets.
C. 
The Type I and Type II actions listed in Subsections A and B of this section may be explained by resolution of the Town Board subsequent to a public hearing.

§ 120-4 Applications; filing of environmental assessment form.

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 Town 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 an environmental assessment form prescribed by resolution of 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 Town lead agency.

§ 120-5 Rendering of determination; time limitations.

A. 
The Town lead agency 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 lead agency. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The lead agency shall consider the criteria enumerated in § 617.11 of Part 617 in making such a determination. The lead agency 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 which pertains to the action in question.[1]
[1]
Editor's Note: Original Section 6, which immediately followed this section, which established a fee for an application for a determination of significance, was repealed 12-28-1983 by L.L. No. 2-1983. For current fee provisions, see Ch. 130, Fees.

§ 120-6 Preparation, filing and circulation of determination of significance.

If the Town lead agency determines that the proposed action is not an exempt action, not an action listed in § 120-3B hereof or § 617.13 of Title 6 of NYCRR as a Type II action, and that it will not have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in § 617.10(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Town lead agency determines that the proposed action may have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in § 617.10(b) of Title 6 of 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 of NYCRR.

§ 120-7 Preparation of environmental impact statements.

Following a determination that a proposed action may have a significant effect on the environment, the lead agency shall proceed as follows, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
A. 
Actions involving an applicant.
(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. If the applicant decides not to submit an environmental impact report, the Town lead agency may prepare or cause to be prepared the draft environmental impact statement or may terminate review of the proposed action.
(2) 
The Town lead agency will 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 in conformance with § 617.17 of Part 617 of Title 6 of NYCRR. The applicant shall provide an estimate of the project cost. Where the total project cost estimate exceeds $100,000, elements of the cost estimate shall be certified by the appropriate professionals (i.e., professional engineers, licensed real estate appraisers, etc.).
B. 
Other actions.
(1) 
In the case of an action not involving an applicant, the lead agency shall prepare a draft environmental impact statement.
(2) 
Where a draft impact statement is required, the application for the action shall be decreed incomplete until the draft impact statement has been prepared, submitted, accepted and filed by the lead agency.

§ 120-8 Filing of notice of completion; publication.

Upon completion of a draft environmental impact statement prepared by or at the request of the lead agency, a notice of completion containing the information specified in § 617.10(d) of Title 6 of NYCRR shall be prepared, filed and circulated as provided in § 617.10(d). In addition, it shall be published in the official newspaper, if any, of the Town or, if none, a newspaper having general circulation within the Town, and a copy thereof shall also be posted on a signboard of the Town. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in § 617.10(e) of Title 6 of NYCRR.

§ 120-9 Public hearing.

If the Town lead agency determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official newspaper of the Town, if any, or, if none, in a newspaper having general circulation within the Town at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence no less than 15 calendar days nor more than 60 calendar days after the filing of the draft environmental impact statement, except where a different hearing date is required under other statutes which apply to the action under review.

§ 120-10 Change in determination of environmental significance.

If, on the basis of a draft environmental impact statement or a public hearing thereon, the lead agency determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter. In such a case, a negative declaration shall be issued in conformance with § 617.10(b) of Part 617 of Title 6 of NYCRR.

§ 120-11 Final environmental impact statements; procedures.

A. 
Except as otherwise provided herein, the lead agency shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of §§ 617.8 and 617.14 of Part 617 of Title 6 of NYCRR; provided, further, that if the action involves an application, the lead agency may request the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 30 days after the close of any hearing or within 45 days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the lead agency may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Where the action involves an application, such final environmental impact statement shall be accompanied by the fee determined in conformance with § 617.17 of Part 617 of Title 6 of NYCRR.
B. 
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 120-8 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
C. 
No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the lead agency or by any other agency shall be made until after the filing and consideration of the final environmental impact statement.
D. 
In the case of an action involving an applicant, the lead agency's decision on whether or not to approve an action which has been the subject of a final environmental impact statement shall be made within 30 calendar days after the filing of the final environmental impact statement except for good cause.
E. 
No agency, whether lead agency or not, shall make a final decision to commence, engage in, approve, conditionally approve or deny an approval of an action that has been the subject of a final federal or a final state environmental quality review environmental impact statement until it has given consideration to the final environmental impact statement; and:
(1) 
In the case of a decision to commence, engage in, approve or conditionally approve an action:
(a) 
Until it has made the specific findings prescribed in Subsection F of this section; and
(b) 
Prepared a written statement of the facts and conclusions relied upon in the environmental impact statement supporting its decision and indicating the social, economic and other factors and standards which formed the basis of its decision.
(2) 
In the case of a decision not to commence, engage in or approve an action, it shall prepare a written statement of the facts and conclusions relied on in the environmental impact statement or comments provided in the review process supporting its decision.
F. 
When a lead agency decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
(1) 
Consistent with social, economic and other essential considerations from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the relevant environmental impact statement.
(2) 
Consistent with social, economic and other essential considerations to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided.
(3) 
Consistent with social, economic and other essential considerations, to the maximum extent practicable, from among the reasonable alternatives thereto the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact statements.
(4) 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

§ 120-12 Copies to be kept on file.

A. 
For public information purposes, a copy of the determination shall be filed and made available as provided in § 617.10 of Part 617 of Title 6 of NYCRR.
B. 
The Town shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the lead agency.

§ 120-13 Actions involving more than one agency.

Where more than one agency is involved in an action, the procedures of §§ 617.6 and 617.7 of Part 617 of Title 6 of NYCRR and the appropriate section of this chapter shall be followed.

§ 120-14 Designation of lead agency.

The Town Planning Board is herein designated as the Town lead agency.