Town of Wilson, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wilson 4-11-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 112.
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.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
COUNTY, CITY, TOWN and VILLAGE
The Town of Wilson.
No decision to carry out or approve an action other than an action listed in § 67-3B hereof or Section 617.12 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 any department, board, commission, officer or employee of the Town until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; 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 the New York Codes, Rules and Regulations have been fulfilled.
A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, all actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions are deemed likely to have a significant effect on the environment.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, all actions listed in Section 617.12 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.
C. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the lists in this section are not all inclusive. The Town Board or appropriate designated department, board, commission, officer or employee of the Town having jurisdiction shall determine the significance with respect to actions not listed in this section pursuant to the criteria set forth in Section 617.9 and 617.10 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein.
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 Board 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 resolution 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 required by the Town Board.
Upon receipt of a complete application and a statement, the Town Board shall cause a notice thereof to be posted on the signboard, if any, of the Town maintained by the Town and may also cause such notice to be published in the official newspaper of the Town, if any, or in a newspaper having general circulation within the Town, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Town Board no later than a date specified in such notice.
A. 
The Town Board 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 Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Town Board 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 in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the Town.
Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in this section to defray the expenses incurred in rendering such determination. The fee to be charged shall be 1/2 of 1% of the action's total cost to the applicant, in order to recover the cost of preparing and reviewing the environmental impact statements.
If the Town Board determines that the proposed action is not an exempt action, not an action listed in § 67-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Town Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the Town Board determines that the proposed action may have a significant effect on the environment, the Town Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Following a determination that a proposed action may have a significant effect on the environment, the Town Board shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
A. 
In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement; or
B. 
In the case of an action not involving an applicant, prepare a draft environmental impact statement. If the applicant decides not to submit an environmental impact report, the Town Board 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 Town Board may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. The fee to be charged shall be 1/2 of 1% of the action's total cost to the applicant.
A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the Town Board, a notice of completion containing the information specified in Section 617.7(d) of Title 6 of the New York Codes, Rules and Regulations shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
B. 
If the Town Board 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 shall be published in the official newspaper of the Town Board, if any, or, if none, in a newspaper having general circulation within the Town, at least 10 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 of 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 Town Board 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 Town Board shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, further, that if the action involves an application, the Town Board may 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; provided, however, that the Town Board 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 Town in preparing and/or evaluating same. The fee to be charged shall be 1/2 of 1% of the action's total cost to the applicant.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 67-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact state 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 by the Town Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Town Board has been the 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.
When a Town Board 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. 
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 effects, including the effects disclosed in the relevant environmental impact statements; and
B. 
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 Part 617 of Title 6 of the New York Codes, Rules and Regulations.
The Town Board 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 Town Board.
Where more than one agency is involved in an action, the procedures of Section 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes, Rules and Regulations 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 Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that if, after such dates, a Town Board modifies an action undertaken or approved prior to that date and the Town Board determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Upon completion of a draft environmental impact statement prepared by or at the request of the Town, the Town shall follow the procedures in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations prior to proceeding with any action subject to this chapter or prior to the issuance of a permit or other approvals to any applicants pursuant to the rules, regulations, ordinances and local laws of the Town of Wilson.
The Town Board may delegate the authority and jurisdiction of implementing this chapter to any appropriate department, board, commission, officer or employee as may be determined by resolution of the Town Board.