Town of Cheektowaga, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985 as Ch. 23A of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 48.
Drainage systems — See Ch. 99.
Excavations — See Ch. 111.
Flood damage prevention — See Ch. 125.
Zoning — See Ch. 260.
This chapter shall be known and may be cited as the "Environmental Impact Review Ordinance of the Town of Cheektowaga, New York."
This chapter is adopted pursuant to Article 8 of the New York State Environmental Conservation Law in order to provide for a review of actions to determine if such actions may have a significant effect on air, water and land quality.
A. 
Unless the context shall otherwise require, the terms, phrases and words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0113 of the Environmental Conservation Law of the State of New York and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
NYCRR
The New York Codes, Rules and Regulations.
TOWN
The Town of Cheektowaga.
No decision to carry out or approve an action other than an action listed-in § 107-5C hereof or Section 617.13[1] of Title 6 of NYCRR as a Type II action shall be made by the Town Board or by any department, board, commission, officer or employee of the town until there has been full compliance with all the requirements of this chapter and Part 617 of Title 6 of 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 of NYCRR have been fulfilled.
[1]
Editor's Note: Former Section 617.13 of Title 6 of NYCRR has been renumbered; see now Section 617.5.
[Amended 6-20-1988; 8-19-1991; 10-6-1997]
A. 
The following action, in place of § 107-5C, and in addition to those listed in Section 617.4 of Title 6 of NYCRR and the criteria therein as Type I actions, is likely to have a significant effect on the environment:
(1) 
Construction of new residential units which meet or exceed the following threshold: in a city, town or village having a population of less than 150,000: 100 units connected to community or publicly owned utilities.
B. 
The following areas, following written public notice and public hearings, shall be designated as critical environmental areas, and such designation shall be filed with the Commissioner of the Department of Environmental Conservation pursuant to Section 617.4(g)[1] of Title 6 of NYCRR:
(1) 
Land areas.
(a) 
That land commonly known as the "Reinstein Woods," a two-hundred-sixty-nine-and-forty-one-hundredths-acre nature preserve, bounded generally by Como Park Boulevard, Losson Road, John C. Stiglmeier Park and Hitchcock Drive (as more particularly shown on a map on file in the Town Clerk's office).
(b) 
That land comprising 4.74, plus or minus, acres in the center of the Reinstein Woods (being more particularly shown on a map on file in the Town Clerk's office).
(c) 
A four-hundred-foot-wide parcel of land abutting the Reinstein Woods along the entire perimeter of the Reinstein Woods (being more particularly shown on a map on file in the Town Clerk's office).
(2) 
Freshwater wetlands of 1/2 acre or greater located within the town, including but not limited to those areas designated same by the Department of Environmental Conservation; in addition to those lands and submerged lands commonly called marshes, swamps, sloughs, bogs and flats supporting aquatic or semiaquatic vegetation.
(3) 
John C. Stiglmeier Park.
(4) 
That portion of the Cayuga Creek one-hundred-year floodplain which lies within the corporate limits of the Town of Cheektowaga.
[1]
Editor's Note: Former Section 617.4(g) of Title 6 of NYCRR has been renumbered; see now Section 617.14(g).
C. 
The following actions, in addition to those listed in Section 617.5 of Title 6 of NYCRR and the criteria therein as Type II actions, are deemed not to have a significant effect on the environment:
(1) 
Modification of an existing single-family dwelling to a double.
(2) 
Extension of utility distribution facilities serving new or altered single- or two-family structures or rendering service in an approved subdivision.
(3) 
Construction of new single-family or double-family homes, unless part of a subdivision.
[Amended 10-6-1997]
A. 
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, licenses, rezonings, special permits or other actions listed as Type I actions in Section 617.4 of Title 6 of NYCRR and § 107-5A herein, shall file a written statement, hereinafter referred to as the environmental assessment form (EAF), with the Intake Officer, setting forth the name of the applicant; the location of the real property affected, if any; a site description and description of the nature of the project. 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. Such statement shall be filed with the application and shall contain such additional, relevant and explanatory information as the Intake Officer shall require, together with drawings, sketches and maps, if any.
B. 
If the application involves a town project not exempt under § 107-5C herein or Section 617.5 of Title 6 of NYCRR as a Type II action, the department proposing the action shall prepare the EAF.
C. 
If the action is one which is unlisted, then Part 1 of a full EAF shall be completed. Whether or not an EAF is prepared, a written record of the information upon which determination of significance is based shall be maintained.
D. 
Upon initial screening of the proposed action by the Intake Officer, the applicant has seven days to complete the appropriate form and statement. If the Intake Officer, upon initial screening, determines the proposed action to be Type II as listed in Section 617.5 of Title 6 of NYCRR or § 107-5C herein, no review is necessary. A determination that no review is necessary under Chapter 107 does not preclude a review under other applicable town laws or ordinances.
[Amended 10-6-1997]
The Supervising Building Inspector or his designee shall be designated the Intake Officer and Secretary to the Advisory Committee.
[Amended 5-16-1988; 10-6-1997]
The Advisory Committee shall be composed of the Town Zoning Inspector, Town Engineer, Town Superintendent of Highways, Town Planning Board Chairman, Traffic Control Officer of the Town of Cheektowaga Police Department, Cheektowaga Conservation Advisory Council Chairman, and Town Traffic Safety Commission Chairman, or their designees.
[Amended 10-6-1997]
A. 
If no other agencies are involved, the Town Board of the Town of Cheektowaga shall be designated as the lead agency. If other agencies are involved, the completed EAF and application shall be mailed to them and a lead agency designated by mutual agreement within 30 days of the EAF being mailed. The criteria of Section 617.6(b)(1) of Title 6 of NYCRR shall be followed in designating the lead agency.
B. 
If the action is unlisted, and other agencies are involved, Section 617.6(b)(4) of Title 6 of NYCRR shall be followed.
C. 
Upon receipt of a completed application, the Intake Officer shall cause a notice of the EAF and project information to be published in a newspaper of the town, describing the nature of the proposed project and stating that written views thereon of any person shall be received by the Advisory Committee no later than a date specified in such notice.
D. 
The Advisory Committee may, within 30 days of receipt of a complete application, hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in recommending a determination on the application.
[Amended 5-16-1988; 8-15-1994; 10-6-1997]
Every EAF shall be accompanied by a fee, as determined by Town Board resolution, to defray expenses.
[Amended 10-6-1997]
The Town Board shall render a determination of significance or nonsignificance based on the criteria of Section 617.7 of Title 6 of NYCRR within 45 days following receipt of a completed application; provided, however, that such period may be extended by mutual agreement of the applicant and the Advisory Committee. If the proposed action is not an exempt action, not an action listed in § 107-5C herein or 617.5 of Title 6 of NYCRR as a Type II action and will not have a significant effect on the environment, the Advisory Committee shall prepare, file and circulate, for Type I and unlisted actions, a negative declaration as provided in Section 617.12 of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Advisory Committee determines that the proposed action may have a significant effect on the environment, the Advisory Committee shall prepare, file and circulate such determination as provided in Section 617.10(c) of Title 6 of NYCRR and thereafter the proposed action shall be reviewed and processed in accordance with provisions of this chapter and Part 617 of Title 6 of NYCRR.
A. 
Following a determination that a proposed action may have a significant effect on the environment, the Building and Plumbing Inspector shall immediately notify the applicant or agency of the determination and shall request that a draft environmental impact statement (DEIS) be prepared, focusing on the concerns expressed by other interested parties.
B. 
If the applicant or agency fails to submit the DEIS in a reasonable time, the Building and Plumbing Inspector shall notify the applicant or agency that the processing of the application shall cease and that no approval will be issued.
C. 
Said DEIS shall be submitted with a fee, as determined by Town Board resolution, to defray expenses of the town in evaluating the same or a fee to cover the costs incurred to engage an outside consultant to review said DEIS, as regulated by 6 NYCRR Part 617.
[Amended 10-6-1997]
A. 
Upon completion of a DEIS, a notice of completion shall be prepared by the Building and Plumbing Inspector. It shall contain at least the following information:
(1) 
A brief precise description of the action covered by the statement; the location and nature of its potential environmental impacts and effects.
(2) 
Where and how copies of the DEIS can be obtained.
(3) 
A statement that public comment is requested and will be accepted for 30 days from filing of the notice of completion or 10 days following the close of a hearing if one is held.
B. 
A copy of the notice of completion and/or a copy of the DEIS shall be filed with those listed in Section 617.12 of Title 6 of NYCRR.
[Amended 10-6-1997]
C. 
If the Town Board determines that a public hearing shall be held, notice shall be published in a town newspaper at least 14 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the DEIS may be sent and the date before which such comments shall be received. Said hearing shall commence no less than 15 days nor more than 60 days after the filing of the DEIS, except as otherwise provided where the Advisory Committee determines that additional time is necessary for the public or other agency review of the DEIS or where a different hearing date is required as appropriate under other applicable law.
[Amended 10-6-1997]
[Amended 10-6-1997]
If, on the basis of the DEIS, comments received and the record of the public hearing, if one is held, the Town Board determines that an action will not have a significant effect on the environment, a negative declaration shall be filed pursuant to Section 617.12 of Title 6 of NYCRR, and the proposed action may be processed without further regard to this chapter.
A. 
If, upon review of the DEIS and comments received, the Advisory Committee recommends that an action may have a significant effect on the environment, the Town Board shall direct the Intake Officer to instruct the applicant to prepare a final environmental impact statement (FEIS) adhering to the following format:
[Amended 10-6-1997]
(1) 
All revisions to the DEIS are marked as such.
(2) 
Copies or a summary of all substantive comments received are appended.
(3) 
The source of each comment is noted (whether made in writing or at a public hearing).
(4) 
The Advisory Committee's response to each of the comments.
B. 
The FEIS shall be prepared within 60 days after the filing of the DEIS or within 45 days after the close of the hearing, whichever last occurs; provided, however, that the Building and Plumbing Inspector may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification.
C. 
Said FEIS shall be accompanied by a fee, as determined by Town Board resolution, to defray expenses of the town in evaluating the same or a fee to cover the costs to engage an outside consultant to review said FEIS, as regulated by 6 NYCRR Part 617.
[Amended 10-6-1997]
[Amended 10-6-1997]
A notice of completion of a FEIS shall be prepared, filed and sent by the Building and Plumbing Inspector pursuant to Section 617.12 of Title 6 of NYCRR.
[Amended 10-6-1997]
No decision to carry out or approve an action which has been the subject of an FEIS by the Advisory Committee or by any other agency shall be made until after the filing and consideration of the FEIS. The lead agency shall make a decision whether or not to approve the action not less than 10 days nor more than 30 days of the filing of the FEIS. It shall approve or disapprove the action based on criteria of Section 617.7(c) of Title 6 of NYCRR.
[Amended 10-6-1997]
When the Town Board decides to undertake, fund, approve or disapprove an action, it shall make its findings in a written determination. The findings must:
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 Town Board's decision.
D. 
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.
The town shall maintain open for public inspection files of all positive declarations, negative declarations, notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the lead agency.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter which shall remain in full force and effect; to this end, the provisions of this chapter are hereby declared to be severable.
Upon adoption by the Town Board, this chapter shall take effect 10 days after its publication as required by the laws of the State of New York, except that this chapter shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the Corporate Seal of the town, showing the date of its passage and entry in the minutes. This chapter shall not apply to actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies.