[HISTORY: Adopted by the Town Board of the
Town of Fallsburg 3-20-1979 by L.L. No. 2-1979 (Ch. 132 of the 1971
Code). Amendments noted where applicable.]
The purpose of this chapter is to implement
for the Town of Fallsburg SEQR and Part 617.
A.
Generally. The terms and words used in this chapter
shall have the same meaning as such terms and words are defined in
Article 8 of the Environmental Conservation Law and Part 617, unless
the context requires a different meaning.
B.
EAF
EIS
PART 617
SEQR
Specific terms. The following terms shall have the
following meaning:
Environmental assessment form.
Environmental impact statement.
The rules and regulations set forth in 6 NYCRR 617.
The State Environmental Quality Review Act as set forth in
Article 8 of the Environmental Conservation Law.[1]
No action, other than an exempt, excluded or
Type II action, shall be carried out, approved or funded by any agency,
board, body or officer of the Town of Fallsburg, unless it has complied
with SEQR, Part 617 to the extent applicable and this chapter.
A.
Preparation of EAF. An EAF shall be prepared by or
on behalf of any agency, board, body or officer of the Town of Fallsburg
in connection with any Type I action such agency, board, body or officer
contemplates or proposes to carry out directly. For an unlisted action,
an EAF in a short or long form may be prepared to facilitate a preliminary
determination of environmental significance.
B.
Preliminary determination; time limit. An application
for permit or funding of a Type I action shall be accompanied by an
EAF, and for an unlisted action may be accompanied by a short or long
EAF as may be needed to assist the lead agency in making a preliminary
determination of environmental significance. An applicant may prepare
a draft EIS to accompany the application in place of the EAF. In lieu
of an EAF, the Planning Board or a lead agency having authority to
adopt its own regulations may adopt different procedure for reviewing
environmental significance of unlisted actions. The lead agency shall
make a preliminary determination of environmental significance of
the action on the basis of the EAF, draft EIS or with respect to unlisted
actions in accordance with its own procedures, as the case may be,
and such other information it requires. Such determination shall be
made within 20 days of its designation as lead agency or within 15
days of its receipt of all information it requires, whichever is later.
For Type I actions, a determination of nonsignificance shall be noticed
and filed as provided in 617.12(b)(1); for unlisted actions, a determination
for nonsignificance shall be sent to the applicant and maintained
in accordance with 617.8 and 617.12(b)(2). After a determination of
nonsignificance, the action including one involving a permit or funding
shall be processed without further regard to SEQR, Part 617 or this
chapter.
[Amended 5-11-2010 by L.L. No. 7-2010]
C.
Computation of time limit. The time of filing an application
for approval or funding of an action shall commence to run from the
date the preliminary determination of environmental nonsignificance
is rendered, or if in lieu of an EAF the applicant prepares a draft
EIS, from the date the applicant files a draft EIS acceptable to the
lead agency.
[Amended 5-11-2010 by L.L. No. 7-2010]
If the lead agency determines that an EIS is
required, it shall proceed as provided in Part 617.9, 617.11 and 617.12.
Commencing with the acceptance of the draft EIS, the time limitation
for processing the application for approval or funding of the action,
and a public hearing on the draft EIS, if any, shall be held concurrently
with any hearing to be held on such application. The draft EIS shall
be prepared by the applicant. Failure by the applicant to prepare
an EIS acceptable to the lead agency shall, at the option of the lead
agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated
as provided in Part 617.6, 617.7 and 617.8, except that in the following
Type I and unlisted actions the lead agency shall be as provided herein
(Note: The list of lead agencies in this section is not intended to
indicate a complete or ironclad predetermination of lead agencies
within the municipality, but rather to serve as an example. Lead agencies
will emerge through normal processing of actions, by agreement and
by designation of the Environmental Conservation Commissioner. Thus,
the list could change.)
A.
Adoption, amendment or change in zoning regulations
not requiring a federal or state agency permit or approval: the Town
Board;
B.
Construction or expansion of Town buildings, structures
and facilities within the Town not requiring a federal or state agency
permit or approval: the Town Board;
C.
Variances not requiring a federal or state agency
permit or approval: Zoning Board of Appeals;
D.
Purchase, sale and lease of real property by the Town
of Fallsburg not requiring a federal or state agency permit or approval:
the Town Board;
E.
Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: Town Planning Board;
F.
Site plan review and special use permit not requiring
a federal or state agency permit or approval: Town Planning Board;
G.
Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: Town Planning
Board;
H.
Parking lot not requiring a federal or state agency
permit, or approval: Town Planning Board.
The Planning Board shall act as the Town clearinghouse
for lead agency designation. Such clearinghouse shall assist agencies
and applicants to identify other agencies, including federal and state,
that may be involved in approving, funding or carrying out Type I
and unlisted actions. The clearinghouse shall also make recommendations
on the designation of a lead agency.
Environmental review of actions involving a
federal agency shall be processed in accordance with Part 617.15.
The fees for review or preparation of an EIS
involving an applicant for approval or funding of an action shall
be fixed from time to time by a resolution of the Town Board.
Critical environmental areas may be designated
by resolution of the Town Board in accordance with 6 NYCRR 617.14(g).
The following are deemed Type I actions in addition
to those set forth in Part 617.4: None.
