[HISTORY: Adopted by the Town Board of the Town of Geddes at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted
where applicable.]
It is hereby declared and found that the maintenance of a quality environment
is a matter of vital importance to the health, safety and welfare of the residents
of the Town of Geddes; that a quality physical environment contributes to
the enhancement of human and community resources; and that the protection
and enhancement of the environment should be given appropriate weight by the
town and its agencies, together with social and economic considerations, in
the formulation of public policy and in modifying decisions. In order to better
effectuate and achieve these goals, the town has determined that it is appropriate
and desirable to enact this chapter with respect to applicable procedures
for conducting an environmental quality review of actions which may have a
significant effect on the environment.
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this chapter shall have the same
meanings as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations (NYCRR).
No decision to carry out or approve an action, other than an action listed in § 105-4B hereof or in 6 NYCRR 617 as a Type II action, shall be made by any department, board, commission, officer or employee of the town until there has been full compliance with all requirements of this chapter and 6 NYCRR 617; provided, however, that nothing therein 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 6 NYCRR 617 have been fulfilled.
A.
Consistent with 6 NYCRR 617 and the criteria therein,
those actions listed in 6 NYCRR 617 as Type I actions are likely to have a
significant effect on the environment and are hereby declared to be Type I
actions.
B.
Consistent with 6 NYCRR 617 and the criteria therein,
the following actions, in addition to those listed in 6 NYCRR 617 as Type
II actions, are those actions not likely to have a significant effect on the
environment and are hereby declared to be Type II actions:
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 lead agency
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 the Town 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 as may be required by the lead agency.
A.
The lead agency shall render a written determination
on such application within 20 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 lead agency. The lead 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.
The determination shall state whether such proposed action may or will not
have a significant effect on the environment.
B.
To the extent practicable, or otherwise required by law,
the time limitations provided in this chapter shall be coordinated with other
time limitations provided by statute, local law, ordinance or regulation of
other applicable agencies.
If the lead agency determines that the proposed action is not an action listed in § 105-4A hereof or 6 NYCRR 617 as a Type I action and that it will not have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in 6 NYCRR 617, and thereafter the proposed action may be processed without further regard to this chapter. If the lead agency determines that the proposed action is not exempt and that the proposed action may have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in 6 NYCRR 617, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and 6 NYCRR 617.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the lead agency shall, in accordance
with the provisions of 6 NYCRR 617:
(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 prepared by a governmental agency,
require that agency to prepare a draft environmental impact statement.
B.
If the applicant decides not to submit an environmental
impact report, the lead agency shall prepare or 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 lead agency may require an applicant to submit a fee to defray
the expense to it of preparing a draft environmental impact statement or reviewing
the same if it is prepared by the applicant. Such fees shall be the actual
cost to the lead agency for the preparation of the draft environmental impact
statement or, if the draft environmental impact statement is prepared by the
applicant, the actual cost to the lead agency for a review of the draft environmental
impact statement.
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the lead agency, a notice of completion containing
the information specified in 6 NYCRR 617 shall be prepared, filed and circulated
as provided in 6 NYCRR 617. In addition, it may be published in the official
newspaper, if any, of the town or, if none, a newspaper having general circulation
within the town, and a copy thereof shall be made available at the office
of the Clerk of the town. Copies of the draft environmental impact statement
and the notice of completion shall be filed, sent and made available as provided
in 6 NYCRR 617. The lead agency shall make a determination of whether to hold
a public hearing.
B.
If the lead agency determines to hold a public hearing
on a draft environmental impact statement, notice thereof shall be filed,
circulated and sent in the same manner as the notice of completion and must
be published in the official newspaper of the town, if any, or, if none, in
a newspaper having general circulation within the town and shall be made available
at the office of the Clerk of the town at least 14 days prior to such public
hearing. Such notice shall also state the place where substantive written
comments on the draft environmental impact statement may be sent and the date
before which such comments shall be received. The hearing shall commence no
less than 15 calendar days nor more than 60 calendar days from the filing
of the draft environmental impact statement, except as otherwise provided
where the Town Board 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.
If, on the basis of a draft environmental impact statement or a public
hearing thereon, the lead agency determines that an action will not have a
significant effect on the environment, the proposed action may be processed
without further regard to this chapter.
Except as otherwise provided herein, the lead agency shall require the
preparation of a final environmental impact statement in accordance with the
provisions of 6 NYCRR 617. 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; provided, however, that the lead agency may extend this time as necessary
to complete the statement adequately or where problems identified with the
proposed action require material reconsideration or modification. Where the
action involves an application, such final environmental impact statement
shall be accompanied by the fee specified in this section to defray the expenses
of the lead agency in preparing and/or evaluating the same. The fee shall
be the actual cost to the lead agency for the preparation of the final environmental
impact statement or, if the final environmental impact statement is prepared
by the applicant, the actual cost to the lead agency for a review of the final
environmental impact statement.
A notice of completion of a final environmental impact statement shall
be prepared, filed and sent in the same manner as provided in 6 NYCRR 617
herein 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.
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement shall be made until after the filing
and consideration of the final environmental impact statement.
When the lead 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.
That consistent with social, economic and other essential
considerations of state policy, to the maximum extent practicable, from among
the reasonable alternatives thereto, the action to be carried out or approved
is one which minimizes or avoids adverse environmental impact statements;
and
B.
That all practicable means will be taken in carrying
out or approving the action to minimize or avoid adverse environmental effects.
For public information purposes, a copy of the determination shall be
filed and made available as provided in 6 NYCRR 617.
The Town Clerk 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 the lead agency,
including negative and positive declarations.
Where more than one agency is involved in an action, the procedure of
6 NYCRR 617 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 6 NYCRR 617; provided, however, that if, after such dates, the lead
agency modifies an action undertaken or approved prior to that date and the
lead agency determines that the modification may have a significant adverse
effect on the environment, such modification shall be an action subject to
this chapter and 6 NYCRR 617.
For the following actions, the lead agency shall be as provided herein:
A.
Adoption, amendment or change in zoning regulations or
official map: Town Board.
B.
Conditional use permit: Town Board.
C.
Variances and applications for interpretations of the
zoning regulations: Board of Zoning Appeals.
D.
Waiver of off-street parking requirement: Town Board.
E.
Swimming pool and tennis court permits: Town Board.
F.
Architectural control of exterior design and appearance
of buildings: Town Board.
G.
Preservation of natural features and landscaping requirements:
Town Board.
H.
Permit of compliance: Town Board.
I.
Facade permit: Town Board.
