Planning Board Basics · 9/24/2009  · § 7-718 Planning board; creation, appointment. 1....

Planning Board BasicsPresenter:

Philip Street, Director of PlanningNYS Tug Hill Commission

Thursday, September 24, 2009Hosted by Village of Central Square

Certificates of attendance will be available for those needing Continuing Education credits

Planning Board AuthorizationTown Law – Article 16§ 271. Planning board, creation, appointment. 1. Authorization. The town board of each town is hereby authorized by local law or ordinance, to create a planning board consisting of five or seven members and shall, by resolution, appoint the members of such board and designate the chairperson thereof. In the absence of a chairperson the planning board may designate a member to serve as chairperson. The town board may, as part of the local law or ordinance creating said planning board, provide for the compensation of planning board members.

Village Law – Article 7§ 7-718 Planning board; creation, appointment. 1. Authorization. The village board of trustees of each village is hereby authorized by local law to create a planning board consisting of five or seven members. Members and the chairperson of such planning board shall be appointed by the mayor subject to the approval of the board of trustees. In the absence of a chairperson the planning board may designate a member to serve as chairperson. The village board of trustees may, as part of the local law creating said planning board, provide for the compensation of planning board members.

SEQR for Dummies

SEQRSEQR(A)SEQRA

State Environmental Quality Review (Act)

Authority

• Statute• Environmental Conservation Law Article 8• (ECL Article 8)

• DEC Administrative Regulations• 6 NYCRR Part 617• http://www.dec.ny.gov/regs/4490.html

Applies To State Entities Who:

• Carry out• Fund• Issue permits

• Discretionary acts vs.• Ministerial acts

• Involved agency vs. • Interested agency

Part of “Application Completion” Process

617.3 General Rules(c) An application for agency funding or

approval of a Type I or Unlisted action will not be complete until:(1) a negative declaration has been issued;

or(2) until a draft EIS has been accepted by

the lead agency…

Overview of Process

• Fill out forms• Look at application• Determine significance of impacts• Prepare environmental impact

statement (EIS)• Fill out and file more forms

Step 1 – Determine Type of Action

• Type I (presumed significant)• 617.4 (b)

• Type II (exempt)• 617.5 (c)

• Unlisted (all other things)

ZBA - Type II (Exempt)

• 617.5 (c)

• (12) granting of individual setback and lot line variances;

• (13) granting of an area variance(s) for a single-family, two-family or three-family residence;

• (31) interpreting an existing code, rule or regulation;

Step 2 – Environmental Assessment Form

• Applicant fills out Part 1 of the EAF

• Short EAF (for most things)

• Long EAF (for all Type 1 Actions)

• http://www.dec.ny.gov/permits/6191.html

Step 3 – EAF Parts 2 and 3

• Identify the relevant areas of environmental concern

• Take a “hard look” at them

• 617.7 - Determining Significance

• Make a “reasoned elaboration” of the basis for your determination

Step 4 - Records

• File appropriate motions and papers– Copy of EAF– Motion of type of action– Motion of positive or negative declaration– Forms for recording determinations on-line

Type 1 Action: Notes

• Coordinated review of involved agencies

• Long EAF form Part 1, #25

• Send Part 1 to other involved agencies

• 30 days to establish lead agency

• 20 days to make determination of significance

Betty Ann HughesSEQRA Coordination and Training UnitNYS Department of Environmental Conservation Division of Environmental Permits625 BroadwayAlbany NY 12233-1750(518) 402-9158 (office)(518) 402-9168 (fax)bahughes@gw.dec.state.ny.us

Planning Board Reviews

Somewhat Plain English Major Subdivision Review

Process

Somewhat Plain English Minor Subdivision Review

Process

Somewhat Plain English Site Plan Review Process

Cluster Subdivision

Conservation Subdivision

•(518)473-3355 Local Gov.•(518)474-6740 Legal•(800)367-8488 Toll Free•localgov@dos.state.ny.us

http://www.dos.state.ny.us

Contacting the Department of State

Thank You

Philip Street, Planning DirectorJean Waterbury, Senior Planner