[HISTORY: Adopted by the Town Board of the
Town of Bergen 5-23-1977 by L.L. No. 1-1977. Amendments noted where
applicable.]
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 NYCRR.
The Town of Bergen.
No decision to carry out or approve an action other than an action listed in § 268-3B hereof or Part 617.12 of 6 NYCRR as Type II action, shall be made by the Town Board of 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 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 NYCRR have been fulfilled.
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 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
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 Planning Board.
A.
The Planning Board shall render 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 Planning
Board. The determination shall state whether such proposed action
may or will not have a significant effect on the environment. The
Planning Board will 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.
Every application for determination under this
chapter shall be accompanied by a reasonable fee set forth in this
section to defray the expenses incurred in rendering such determination.
The fees shall be as follows.[1]
[1]
Editor's Note: So in original.
If the Planning Board determines that the proposed action is not an exempt action, not an action listed in § 268-3B hereof or Part 617.12 of Title 6 of NYCRR as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in Part 617.7(b) of Title 6 NYCRR and thereafter the proposed action may be processed without further regard to this chapter. If the Planning Board determines that the proposed action may have significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in 617.7(b) of Title 6 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 NYCRR.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Planning Board shall,
in accordance with the provisions of Part 617 of Title 6 NYCRR:
(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; or
(2)
In the case of an action not involving an applicant,
shall prepare a draft environmental impact statement.
B.
If the applicant decides not to submit an environmental
impact report, the Planning Board shall prepare to cause to be prepared
the draft environmental impact statement, or in its discretion notify
the applicant that the processing of the application will cease and
that no approval will be issued. The Planning Board may 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 pursuant
to Part 617.11 of Title 6 NYCRR.
Where more than one agency is involved in an
action, the procedures of Parts 617.4 and 617.8 of Part 617 of Title
6 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 NYCRR; provided, however that if, after such dates, the Planning
Board modifies an action undertaken or approved prior to that date
and the 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 NYCRR.
