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Town of North Greenbush, NY
Rensselaer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of North Greenbush 1-27-1981 by L.L. No. 2-1981 as Ch. 65 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 31.
Building construction and fire prevention — See Ch. 73.
Flood damage prevention — See Ch. 99.
Freshwater wetlands — See Ch. 103.
Site plan review — See Ch. 155.
Subdivision of land — See Ch. 163.
Waterfront development — See Ch. 193.
Zoning — See Ch. 197.
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 § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
TOWN
The Town of North Greenbush.
[Amended 11-14-1991 by L.L. No. 9-1991]
No decision to carry out or approve an action, other than an action listed in § 89-3B hereof or Section 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; 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 of the NYCRR have been fulfilled.
A. 
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, the following actions, in addition to those listed in Section 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 Section 617.13 of Title 6 of NYCRR as Type II actions, are deemed not to have a significant effect on the environment:
[Amended 11-14-1991 by L.L. No. 9-1991]
(1) 
The proposal of amendments to the comprehensive Zoning Law[1] of the Town.
[1]
Editor's Note: See Ch. 197, Zoning.
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 a form prescribed by resolution by the Town 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 Town Planning Board.
A. 
The Town Planning 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 Town Planning Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Town Planning 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.[1]
[1]
Editor's Note: Original § 65-6, entitled "Fees," which immediately followed this subsection, was repealed 3-9-1989 by L.L. No. 2-1989.
[Amended 11-14-1991 by L.L. No. 9-1991]
If the Town Planning Board determines that the proposed action is not an exempt action, not an action listed in § 89-3B hereof or Section 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 Town Planning Board shall prepare, file and circulate such determination as provided in Section 617.10(a)(2) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Town Planning Board determines that the proposed action may have a significant effect on the environment, the Town Planning Board shall prepare, file and circulate such determination as provided in Section 617.10(a)(2) 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.
Following a determination that a proposed action may have a significant effect on the environment, the Town Planning Board shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
A. 
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.
B. 
In the case of an action not involving an applicant, prepare or cause to be prepared a draft environmental impact statement.[1]
[1]
Editor's Note: Original § 65-8B, which dealt with draft environmental impact reports and immediately followed this subsection, was repealed 3-9-1989 by L.L. No. 2-1989.
Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR 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 NYCRR; provided, however, that if after such dates the Town Planning Board modifies an action undertaken or approved prior to that date and the Town 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 NYCRR.