A.
Following a determination that an action may have
a significant effect upon the environment, the Planning Board shall:
(1)
In the case of an action not involving an applicant,
prepare a draft environmental impact statement in accordance with
the procedures outlined in this section.
(2)
In the case of an action involving an applicant, immediately notify the applicant to prepare an environmental impact report to assist the Planning Board in carrying out its responsibility under this chapter or may request the applicant to prepare a draft environmental impact statement; except where the action involves more than one agency, in which case, the procedures outlined in §§ 119-12 and 119-14 of this chapter shall be followed. If the applicant refuses to submit a draft environmental impact statement or the environmental impact statement or the environmental impact report, the Planning Board shall either prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing will cease and no approval will be issued.
B.
Cover sheet of the draft environmental impact statement.
All draft environmental impact statements shall be preceded by a cover
sheet stating:
(1)
That it is a draft environmental impact statement.
(2)
The name or other descriptive title of the action.
(3)
The location of the action, specifying Tax Map number
and deed book and page of each parcel involved.
(4)
The name and address of the Town Planning Board.
(5)
Identification of individuals or organizations which
prepared any portion of the statement.
(6)
The date of its completion.
C.
Table of contents. If the draft environmental impact
statement exceeds 10 pages in length, it shall have a table of contents
following the cover sheet.
D.
Contents of body of draft environmental impact statement.
The body of all draft environmental impact statements shall contain
at least the following:
(1)
A description of the proposed action in its environmental
setting.
(2)
A statement of the environmental impact of the proposed
action, including its short- and long-term effects, and typical associated
environmental effects.
(3)
An identification of any adverse environmental effects
which cannot be avoided if the proposed action is implemented.
(4)
A discussion of alternatives, including the null alternative,
to the proposed action and the comparable impacts and effects of such
alternatives.
(5)
An identification of any irreversible and irretrievable
commitments of resources which would be involved in the proposed action
should it be implemented.
(6)
A description of mitigation measures proposed to minimize
the adverse environmental impacts.
(7)
A description of any growth-inducing aspects of the
proposed action.
(8)
A discussion of the effects of the proposed action
on the use and conservation of energy.
(9)
A list of any underlying studies, reports and other
information obtained and considered in preparing the statement.
(10)
Any other requirements which the Town of Binghamton
deems necessary for adequate assessment of environmental impact.
E.
Incorporation of other documents by reference. A draft
environmental impact statement may incorporate by reference all or
portions of other documents which contain information relevant to
the statement. The reference document shall be made available to the
public in the office of the Town Clerk. When a statement uses incorporation
by reference, the referenced document shall be briefly described and
its date of preparation provided.
A.
Upon completion of a draft environmental impact statement,
the Planning Board shall issue a notice of completion containing the
following:
(1)
A brief description of the action covered by the statement
and the location of its potential impacts and effects.
(2)
A statement indicating where and how copies of the
statement can be reviewed or obtained.
(3)
A statement that comments pertaining to the draft
environmental impact statement are requested and will be considered
by the Planning Board if received by the Town Clerk within 30 days
from the first filing and circulation of the notice of completion
received.
B.
Filing of the notice of completion. The notice of
completion shall be sent to all other agencies involved in the action,
persons who have requested it, the editor of the State Bulletin, the
State Clearinghouse and the Southern Tier East Regional Planning Development
Board areawide clearinghouse designated under the Federal Office of
Management and Budget Circular A-95. The Town Clerk shall maintain
a file, open to public inspection, of notices of completion and draft
environmental impact statements it has requested an applicant to prepare,
has or caused to have been prepared.
C.
Filing of notice of completion and draft environmental
impact statements for public information purposes. Impact statements
and the notice of completion shall immediately be filed as follows:
(1)
One copy with the Town Clerk whose jurisdiction most
closely coincides with that of the lead agency.
(2)
One copy with the appropriate regional office of the
New York State Department of Environmental Conservation.
(3)
One copy with the Commissioner of the New York State
Department of Environmental Conservation.
