[HISTORY: Adopted Orangetown Town Board 10-23-1978 by Local Law
No. 11, 1978. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 5.
Land development regulations — See Ch. 21.
Watercourse diversion and pollution — See Ch. 41.
Be it enacted by the Town Board of the Town of Orangetown as
follows:
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this local law shall
have the same meanings as those defined in § 8-0113 of the
Environmental Conservation Law, as amended, and Part 617 of Title
6 of the Official Compilation of the Rules and Regulations of the
State of New York, as amended, hereinafter referred to as the "New
York Codes, Rules and Regulations (NYCRR)."
[Amended 8-17-1987 by L.L. No. 9, 1987]
B.
PLANNING BOARD
TOWN
As used in this local law, the following terms shall have
the meanings indicated:
The Planning Board of the Town of Orangetown.
The Town of Orangetown.
[Amended 9-24-1992 by L.L. No. 13, 1992]
No decision to carry out or approve an action other than an action listed in § 11B-3 hereof or in Section 617.13 of Title 6 of the New York Codes, Rules and Regulations as a Type II action shall be made by the Town Board or by a department, board, committee, agency, commission, office or employee of the Town until there has been full compliance with all requirements of this local law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the following actions, in
addition to those listed in Section 617.13 of Title 6 of the New York
Codes, Rules and Regulations as Type II actions, are deemed not to
have a significant effect on the environment:
A.
Changes in the Bulk and Use Table of the Zoning Code.
B.
Zoning district changes.
C.
Building permit applications.
D.
Demolition of structures.
E.
Public parking areas.
F.
Certificate of occupancy applications.
G.
Salt spreading and snowplowing by the Town Department of
Highways.
[Amended 8-17-1987 by L.L. No. 9, 1987]
H.
Maintenance or clearing of streams or drainage ditches
not otherwise requiring a permit from another agency.
I.
Any variance applications to the Zoning Board of Appeals
relating to bulk and use requirements.
J.
Road opening permits for the installation of sewers or
gas, water or underground electric services.
[Amended 8-17-1987 by L.L. No. 9, 1987]
The applicant seeking any action shall initially file with the
department, board, committee, agency, commission, officer or employee
of the Town involved, in addition to any application, drawings, sketches,
maps, applications or other documents or writings normally required,
Part I of the short environmental assessment form, as contained in
Appendix C of Part 617 of Title 6 of the New York Codes, Rules and
Regulations, copies of which are available at the Town. If, after
review of the overall application as hereinafter set forth, the project
is determined to be significant, a full environmental assessment form
as contained in Appendix A of Part 617 of Title 6 of the New York
Codes, Rules and Regulations, copies of which are available at the
Town, shall be completed and filed as for the short environmental
assessment form. The applicant may also initially file any other relevant
explanatory material desired by said applicant and shall file such
additional information required initially by the department, board,
committee, agency, commission, officer or employee.
[Amended 8-17-1987 by L.L. No. 9, 1987]
After the filing in § 11B-4 above has been determined to be complete, with respect to the submission of the environmental assessment form(s) and the normal requirements of said body or person, the application shall be processed in accordance with Sections 617.4 and 617.5 of Part 617 of Title 6 NYCRR.
[Amended 8-17-1987 by L.L. No. 9, 1987]
The agency either initiating the formulation of an action or receiving an application for a funding or approval action shall be responsible for the implementation of a state environmental quality review and the initial review in accordance with § 11B-5.
[Amended 8-17-1987 by L.L. No. 9, 1987]
The local lead agency (see § 11B-6) will initiate the procedures specified in Section 617.6 of Part 617 of Title 6 NYCRR to establish the lead agency and to determine the significance of the proposed action. (See Section 617.11 of Part 617 of Title 6 NYCRR.)
[Amended 8-17-1987 by L.L. No. 9, 1987]
A.
Scoping may occur either at the initiation of a lead agency
or at the request of the applicant and shall conform to Section 617.7
of Part 617 of Title 6 NYCRR.
B.
The applicant or the lead agency, at the lead agency's
option, shall prepare the draft environmental impact statement. If
the applicant does not prepare the draft environmental impact statement,
the lead agency shall prepare it, cause it to be prepared, following
the procedures of Section 617.8 Part 617 of Title 6 NYCRR, or terminate
its review of the action. A fee may be charged by the lead agency
for the preparation and review of an environmental impact statement,
pursuant to Section 617.7 of Part 617 of Title 6 NYCRR.
C.
The preparation and content of the environmental impact
statement shall conform to the requirements of Section 617.14 of Part
617 of Title 6 NYCRR.
[Amended 8-17-1987 by L.L. No. 9, 1987]
This section shall conform to the requirements of Section 617.10
of Part 617 of Title 6 NYCRR.
[Amended 8-17-1987 by L.L. No. 9, 1987]
This local law shall take effect upon publishing, posting and
upon filing a copy with the Secretary of State, as required by law.
