[HISTORY: Adopted by the Town Board of the Town of Stony Point 6-8-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 112.
Freshwater wetlands — See Ch. 116.
Subdivision of land — See Ch. 191.
Zoning — See Ch. 215.
Fee Schedule — See Ch. A221.
This chapter is adopted to comply with the local agency implementation requirements of Article 8 of the New York State Environmental Conservation Law.
A. 
The following terms shall have the meanings given herein:
NYCRR
The New York State Codes, Rules and Regulations, issued by the respective administrative agencies of the executive branch.
TOWN
The Town of Stony Point.
TOWN AGENCY
The Town Board, Planning Board, Zoning Board of Appeals, Freshwater Wetlands Review Board and any other agency, officer, department or employee of the town having jurisdiction over carrying out or approving an action.
B. 
Unless the context shall otherwise require, the terms, phrases, words and derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and in Part 617 of Title 6 of NYCRR.
No town agency shall carry out or approve any action until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of NYCRR.
The following actions shall not be governed by this chapter:
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.
C. 
Actions listed as Type II actions in § 617.5 of Title 6 of NYCRR.
D. 
Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings.
E. 
Official acts of a ministerial nature involving no exercise of discretion.
F. 
Maintenance or repair involving no substantial changes in existing structure or facility.
G. 
Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies; provided, however, that a modification carried out or approved by a town agency which the town agency determines may have a significant adverse effect on the environment shall not be an exempt action.
H. 
The following additional actions:
(1) 
Town agency resolutions and other actions of an administrative, budgetary or policy nature not involving physical alteration of the environment.
(2) 
Town agency actions taken to minimize damage to the public health, safety or welfare during an emergency.
A. 
Every applicant for a permit or approval to carry out an action which is not an exempt action shall file with the appropriate town agency a written and verified addendum with his application.
B. 
Said addendum shall be on the form, if any, prescribed by the appropriate town agency and shall set forth:
(1) 
The name of the applicant.
(2) 
The location by Tax Map, lot and block number of any real property affected by the proposed action.
(3) 
The nature of the interest the applicant holds in the subject real property.
(4) 
A description of the nature of the proposed action.
(5) 
The estimated cost of the proposed action, both to the applicant and to any other parties involved.
(6) 
Any effect on the environment by the proposed action.
(7) 
A detailed statement of the reasons why, in the applicant's view, said action may or will not have a significant effect on the environment.
(8) 
Any additional relevant information that may be required by the town agency, including but not limited to drawing, sketches and maps.
C. 
No application for a permit or approval to carry out any action which is not an exempt action shall be complete without the addendum required by this section.
A. 
Before carrying out or granting approval to any action which is not an exempt action, the appropriate town agency must determine, in writing, whether such action may have a significant effect on the environment.
B. 
Where the action is to be approved by a town agency, the determination of significant effect must be made within 15 days following receipt of the completed application and addendum. This time limitation may be extended by the mutual agreement of the applicant and the appropriate town agency.
A. 
If the appropriate town agency determines that a proposed action is an exempt action, the action and/or application may be processed without further regard to this chapter.
B. 
If the appropriate town agency determines that a proposed action is not exempt but will not have a significant effect on the environment, the procedures of § 617.8 of Title 6 of NYCRR shall be followed, and thereafter the action and/or application may be processed without further regard to this chapter.
C. 
If the appropriate town agency determines that a proposed action is not exempt and may have a significant effect on the environment, the procedures of § 617.8 of Title 6 of NYCRR shall be followed, and thereafter the proposed action shall be processed in accordance with § 617 of Title 6 of NYCRR.
D. 
Where more than one agency is involved in an action, the procedures of §§ 617.14 and 617.9 of Part 617 of Title 6 of NYCRR shall be followed.
An appropriate town agency may require an applicant to pay the actual reasonable cost of preparing a draft environmental impact statement or of reviewing the same if it is prepared by the applicant. The amount charged shall not exceed 1/2 of 1% of the action's total cost to the applicant.
[1]
Editor's Note: See Ch. A221, Fee Schedule.