[HISTORY: Adopted by the Town Board of the Town of Southold 5-9-1978
by L.L. No. 3-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands — See Ch. 275.
This chapter shall be known and may be cited as the "Environmental Quality
Review Law of the Town of Southold."
A.
RULES
TOWN
TOWN AGENCY
As used in this chapter, the following terms shall have
the meanings indicated:
Refers to Part 617 of Title 6 of the New York Codes, Rules and Regulations
adopted by the Commissioner of Environmental Conservation.
The Town of Southold.
Any department, board, commission, officer or employee of the Town
of Southold.
B.
Except as otherwise provided in this section, or unless
the context otherwise requires, the words and phrases used in this chapter
shall, for the purposes of this chapter, have the meanings respectively ascribed
to them by Article 8 of the Environmental Conservation Law and Part 617 of
Title 6 of the New York Codes, Rules and Regulations (NYCRR).
[Amended 4-2-1996 by L.L. No. 1-1996]
No decision to carry out or approve an action, other than as a Type
II action, shall be made by a Town agency until there has been full compliance
with all requirements of this chapter and the Rules.
[Amended 4-2-1996 by L.L. No. 1-1996]
A.
Consistent with the Rules and the criteria therein, the
actions listed in Section 617.4 of the Rules as Type I actions are likely
to have a significant effect on the environment.
B.
Consistent with the Rules and the criteria therein, the
actions listed in Section 617.5 of the Rules as Type II actions are deemed
not to have a significant effect on the environment.
C.
Consistent with the Rules and the criteria herein, all
actions not identified as a Type I or Type II action shall be an unlisted
action.
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 Town agency
having jurisdiction 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,
the applicant may include a detailed statement of the reasons why, in the
applicant's view, a proposed action may or will not have a significant effect
on the environment. If the action involves an application, the statement shall
be filed simultaneously with the application for the action. The statement
required herein shall be upon a form prescribed by the Town and shall contain
such additional relevant information as may be required. Such statement shall
be accompanied by drawings, sketches and maps, if any, together with any other
relevant explanatory material required by the Town agency.
Upon receipt of a complete application and a statement, the Town agency
shall cause a notice thereof to be posted on the Town Clerk's signboard and
may also cause such notice to be published in the official Town newspaper
describing the nature of the proposed action and stating that written views
thereon of any person shall be received by the Town agency no later than a
date specified in such notice.
A.
The Town agency shall render a 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 Town agency. The determination shall state
whether such proposed action may or will not have a significant effect on
the environment. The Town agency may 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 herein shall be coordinated
with, to the extent practicable, other time limitations provided by law, rule
or regulation of the Town.
[Amended 4-2-1996 by L.L. No. 1-1996]
A.
If the Town agency determines that the proposed action
will not have a significant effect on the environment, the Town agency shall
prepare, file and circulate such determination as required by the Rules, and
thereafter the proposed action may be processed without further regard to
this chapter.
B.
If the Town agency determines that the proposed action
may have a significant effect on the environment, it shall prepare, file and
circulate such determination as required by the Rules, and thereafter the
proposed action shall be reviewed and processed in accordance with the provisions
of this chapter and the Rules.
Following a determination that a proposed action may have a significant
effect on the environment, the Town agency shall, in accordance with the provisions
of the Rules:
A.
In the case of an action involving an applicant, immediately
notify the applicant of the determination and request the applicant to prepare
a draft environmental impact statement.
B.
In the case of an action not involving an applicant,
prepare or cause to be prepared a draft environmental impact statement.
C.
If the applicant decides not to submit a draft environmental
impact statement, prepare or cause such statement to be prepared or, in its
discretion, notify the applicant that, by reason of applicant's decision not
to submit such statement, his application is deemed to be withdrawn and no
further action will be taken thereon. The Town agency may require the applicant
to submit a fee to defray the expense of the preparation and/or review of
such statement.
[Amended 4-2-1996 by L.L. No. 1-1996]
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the Town agency, a notice of completion containing
the specified information shall be prepared, filed and circulated as provided
in Sections 617.9 and 617.12 of the Rules. In addition, such notice shall
be published in the official Town newspaper and a copy thereof posted on the
Town Clerk's signboard. Copies of the draft environmental impact statement
and the notice of completion shall be filed, sent and made available as required
by the Rules.
B.
In the event that the Town agency determines that a public
hearing shall be held on a draft environmental impact statement, notice thereof
shall be filed, circulated and sent in the same manner as the notice of completion
and shall be published in the official Town newspaper at least 14 days prior
to such public hearing. The hearing shall commence no less than 15 calendar
days nor more than 60 calendar days of the filing of the draft environmental
impact statement, unless the Town agency determines that additional time is
necessary for the public or other agency review of the draft environmental
impact statement or where a different hearing date is required as appropriate
under other applicable law.
[Amended 4-2-1996 by L.L. No. 1-1996]
If, on the basis of a draft environmental impact statement or a public
hearing thereon, the Town agency determines that an action will not have a
significant effect on the environment, no final environmental impact statement
need be prepared and a negative declaration may be prepared, filed and published.
The Town agency shall prepare or cause to be prepared or direct the
applicant to prepare the final environmental impact statement. Such final
environmental impact statement shall be prepared within 45 days after the
close of any hearing or within 60 days after the filing of the draft environmental
impact statement, whichever last occurs. Notwithstanding the foregoing, the
Town agency may extend such time when necessary to adequately complete the
statement or where problems identified with the proposed action require material
reconsideration or modification.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 130-10 hereof and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
[Amended 4-2-1996 by L.L. No. 1-1996]
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement by a Town agency or by any other
agency shall be made until a reasonable time period after the filing and consideration
of the final environmental impact statement. Where the Town agency has been
lead agency for an action, it shall make a decision whether or not to approve
the action within 30 days of the filing of the final environmental impact
statement.
[Amended 4-2-1996 by L.L. No. 1-1996]
When the Town agency decides to carry out or approve an action which
may have a significant effect on the environment, it shall make the following
findings in a written determination:
A.
Consider the relevant environmental impacts, facts and
conclusions disclosed in the final EIS.
B.
Weigh and balance relevant environmental impacts with
social, economic and other considerations.
C.
Provide a rationale for the agency's decision.
D.
Certify that the requirements of this Part have been
met.
E.
Certify that consistent with social, economic and other
essential considerations from among the reasonable alternatives available,
the action is one that avoids or minimizes adverse environmental impacts to
the maximum extent practicable, and that adverse environmental impacts will
be avoided or minimized to the maximum extent practicable by incorporating
as conditions to the decision those mitigative measures that were identified
as practicable.
For public information purposes, a copy of the determination shall be
filed and made available as provided by the Rules.
The Town shall maintain files open for public inspection of all notices
of completion, draft and final environmental impact statements and written
determinations prepared or caused to be prepared by a Town agency.
[Amended 4-2-1996 by L.L. No. 1-1996]
Where more than one agency or department is involved in an action, the
procedures of Section 617.6 of the Rules shall be followed.[1]
[1]
Editor's Note: Former § 44-19, Exempt actions; modifications,
which previously followed this section, was repealed 4-2-1996 by L.L. No.
1-1996.
[Amended 8-23-1988 by L.L. No. 21-1988; 4-2-1996
by L.L. No. 1-1996]
Where an action subject to this chapter involves an applicant, a fee
shall be paid to the Town in accordance with 6 NYCRR 617.13.
This chapter shall take effect immediately.
