[HISTORY: Adopted by the Town Board of the Town of Clay 3-19-1979
by L.L. No. 1-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 81.
Flood damage prevention — See Ch. 112.
Subdivision of land — See Ch. 200.
Zoning — See Ch. 230.
PREAMBLE
The intent and purpose of the State Environmental Quality Review Act
(SEQR) and this local law is to provide a procedural framework for the inclusion
of environmental considerations in the local decision making process. SEQR
and this local law are not meant to take the place of existing decision making
processes, nor to supplant those other considerations which are crucial to
a well reasoned decision.
The SEQR procedure and this local law are not ends in themselves, and
are not meant to be used to avoid decisions on the underlying questions presented
by a proposed action. Rather, if SEQR and this local law are applied correctly,
the environmental aspects of a proposed action will be highlighted and a decision
can then be made with due regard to environmental considerations. The simple
fact that adverse environmental consequences of a proposed action are identified
should not necessarily be dispositive of the question of the advisability
of a proposed action, but rather, SEQR and this local law contemplate that
those consequences be considered and mitigated if possible.
The purpose of this chapter is to implement for the Town of Clay SEQR
and 6 NYCRR 617.
A.
The terms and words used in this chapter shall have the
same meaning as such terms and words are defined in Article 8 of the Environmental
Conservation Law and 6 NYCRR 617.2 unless the context requires a different
meaning.
B.
CLEARINGHOUSE CERTIFICATE
D/EIS
EAF
EIS
OCPB
PART 617
S/EAF
SEQR
TOWN
The following terms shall have the following meanings:
A certificate issued by the town clearinghouse that the application,
together with accompanying forms and supporting data, is deemed sufficiently
complete to permit the next level of review.
Draft environmental impact statement.
Environmental assessment form.
Environmental impact statement.
Onondaga County Planning Board.
Volume 6 of New York Code of Rules and Regulations Part 617 (6 NYCRR
617).
Short environmental assessment form.
The State Environmental Quality Review Act as set forth in Article
8 of the Environmental Conservation Law.
The Town of Clay.[1]
All actions may be classified as:
A.
Exempt (enforcement proceedings, ministerial acts, or
maintenance and repair).
B.
Excluded (approved prior to November 1, 1978).
C.
Type II (actions which have been determined not to have
a significant effect on the environment).
D.
Type I (actions which are most likely to require preparation
of an environmental impact statement).
E.
Unlisted (not otherwise listed but which require environmental
significance to be determined).
The Commissioner of Planning and Development shall act as clearinghouse
to:
A.
Determine whether the proposed action is exempt, excluded, or Type II, using the strictest interpretation of Part 617 and the chapter. Where any doubt exists, such determination shall be referred to the lead agency as designated under the provisions of § 97-8 of this chapter and to the Town Board in all other cases.
B.
Aid in designating lead agency or to make recommendations
therefor.
C.
Designate the lead agency where only one agency is involved
in the funding or approval process.
D.
Perform preliminary review of all applications, EAF,
S/EAF, D/EIS, EIS and supporting documents to determine probable sufficiency
as to scope, form and content.
E.
Issue clearinghouse certificates certifying that the
pertinent documents reviewed by him are deemed to be sufficiently complete
to permit the next level of review, and to forward to the appropriate town
lead agency, along with such clearinghouse certificates, a "notice of receipt
of application and recommendation with respect to environmental significance."
F.
Assist agencies and applicants to identify other agencies
including federal and state that may be involved in the approving, funding
or carrying out Type I and unlisted actions. The burden for determining other
involved agencies shall nevertheless rest solely on the applicant.
For all actions required to be referred to the OCPB by General Municipal
Law §§ 239-l, 239-m and 239-n, the determination that an action
is exempt, excluded, or Type II or is of no significance shall be forwarded
to OCPB at the time of filing such determination. For such actions when a
determination of possible significance is made, notice of that determination
and the notice of completion of the D/EIS, together with a copy of the D/EIS,
shall be forwarded to OCPB.[1]
In addition to those actions listed in 6 NYCRR 617.5, the following
are hereby designated as Type II actions:
A.
Site plan approval involving expansion or enlargement
of existing facilities on previously approved sites, where the expansion or
enlargement will not exceed the thresholds for Type I actions as set forth
in Part 617.4.
B.
Site plan approval involving the modification of a previous
approval which has not yet been carried out where the modification involves
less than 25% of the approved facilities.
C.
Special permits for home occupations.
Lead agency shall be determined as follows:
A.
Actions involving one agency. Where a single agency proposes
to directly undertake an action which does not require funding or approval
of any other agency, or has received an application to fund or approve an
action over which no other agencies have approval authority, that single agency
shall be called "lead agency," and such final designation of lead agency shall
be made by the town clearinghouse in accordance with the following:
(1)
Adoption, amendment or change in zoning ordinance, including
Zoning Map: the Town Board shall be the lead agency.
(2)
Construction or expansion of town buildings, structures
and facilities within the town: the Town Board shall be the lead agency.
(3)
Purchase, sale and lease of real property by the town:
the Town Board shall be the lead agency.
(4)
Interpretations, variances and authorized special permits:
the Zoning Board of Appeals shall be the lead agency.
(5)
Site plan approval, sign approvals, and authorized special
permits: the Town Planning Board shall be the lead agency.
(6)
Subdivision approval: the Town Planning Board shall be
the lead agency.
B.
Actions involving multiple agencies. Where an agency
proposed to directly undertake, or has received an application for, an action
requiring funding or approval by more than one agency, the lead agency shall
be determined in accordance with 6 NYCRR 617.6(b).[1]
C.
Where the town lead agency cannot be determined by application
of the above guidelines, the Town Board shall designate the lead agency.
A.
Determination by lead agency.
(1)
After due designation, the lead agency shall make all
determinations of environmental significance. Such determination shall be
made at the next regularly scheduled lead agency meeting following:
(a)
Issuance of clearinghouse certificate; and
(b)
Ten-day mailing to each town lead agency member of appropriate
notice and clearinghouse certificate, it being the intention that such determination
be made within 15 calendar days of the receipt of the complete application.
No application shall be deemed to be complete until a clearinghouse certificate
has been issued.
(2)
All determinations by the lead agency shall be by resolution
duly adopted by the lead agency.
A.
B.
Negative declaration based on mitigation measures. Notwithstanding
the prior issuance of a positive declaration by the lead agency, the lead
agency may thereafter at any stage of the proceedings examine the proposed
mitigation measures and on the basis of such mitigation measures make a determination
that, although the project could have a significant effect on the environment,
there will not be a significant effect in this case because mitigation measures
have been included as part of the project.
B.
In the case of an application for approval or funding,
the D/EIS shall be prepared by the applicant. Upon receipt of the D/EIS with
the clearinghouse certificate, the lead agency shall determine by resolution
whether to accept the D/EIS as satisfactory as to scope, form and adequacy.
D.
All time limits applicable to the processing of a D/EIS
and EIS shall commence to run on the date of filing of the notice of completion
of the D/EIS.
An application for a permit or funding shall be deemed complete so that
time limits may commence to run when:
Public hearings on the D/EIS shall be held concurrently with any hearings
required to be held by other involved agencies to the fullest extent practicable.
The fees for review or preparation of an EIS involving an applicant
for approval or funding of an action shall be fixed from time to time by a
resolution of the Town Board.[1]
Critical areas of environmental concern may be designated
by the Town Board through amendment of this chapter, pursuant to 6 NYCRR 617.14(g).