[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
A.ย
APPLICANT
BOARD
BOARD OF APPEALS
BUILDING INSPECTOR
CLERK
DEIS
EIS
PLANNING BOARD
RULES AND REGULATIONS
SEQR
6 NYCRR 617 OR PART 617 NYCRR
6 NYCRR 617.1 THROUGH 617.20
TRUSTEES
TYPE I ACTIONS
TYPE II ACTIONS
VILLAGE
As used in this chapter, the following terms shall have the meanings
indicated:
A person, corporation, partnership or association submitting
an application to the Board of Trustees, Planning Board, Board of
Appeals or other board or agency established by the Trustees or an
appeal to the Board of Appeals.
The Board of Trustees, Planning Board, Board of Appeals or
any board or agency established by the Trustees.
The Board of Appeals of the Village.
The Building Inspector of the Village.
The Village Clerk.
The Draft Environmental Impact Statement.
The Final Environmental Impact Statement.
The Planning Board of the Village.
The Village's rules and regulations as adopted or amended
by the Trustees for the implementation and administration of this
chapter.
Includes Article 8 of the Environment Conservation Law of
the State of New York, entitled "Environmental Quality Review."
Includes The New York State rules and regulations for implementing
SEQR which apply to all state and local government bodies and agencies.
Section numbers of Part 617 NYCRR.
The Board of Trustees of the Village.
Includes Actions or classes of actions as set forth in 6
NYCRR 617.4 and the rules and regulations that are likely to require
preparation of an EIS because they will in almost every instance have
a significant effect on the environment.
Includes actions or classes of actions which have been determined
not to have a significant effect on the environment and which do not
require an EIS as set forth in 6 NYCRR 617.5 or the rules and regulations.
The Incorporated Village of Old Brookville.
B.ย
Unless the context or the above definitions shall otherwise require,
the terms, phrases, words, and their derivations used in this chapter
shall have the same meaning as those defined in ยงย 8-0105
of SEQR and in Part 617 NYCRR.
A.ย
The Trustees shall adopt and may amend from time to time, by resolution,
rules and regulations for the implementation and administration of
this chapter which shall be no less protective of the environment
and consistent with SEQR and with Part 617 NYCRR.
B.ย
The rules and regulations may set forth additional Type I and Type
II actions which shall be consistent with Part 617 NYCRR.
No decision to carry out or approve an action listed as a Type
II action in the rules and regulations or in 6 NYCRR 617.5 shall be
made by the Trustees or by any other board, officer or employee of
the Village until there has been full compliance with all requirements
of this chapter and Part 617 NYCRR; provided, however, that nothing
herein shall be construed as prohibiting:
A.ย
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 Village to approve, commence or engage in such action;
or
B.ย
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 NYCRR have been
fulfilled.
Applicants in all cases, unless otherwise specified in the rules and regulations and ยงย 138-3 above, shall file a written statement with the Board or officer designated by the rules and regulations setting forth the name of the applicant, the location of the real property affected, if any, 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 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 required above shall be upon a form prescribed by the rules and regulations 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 rules and regulation.
Upon receipt of a complete application and a statement, the
Clerk shall cause a notice thereof to be posted in a conspicuous place,
designated in the rules and regulations, describing the nature of
the proposed action and stating that written views thereon of any
person shall be received by the Village no later than a date specified
in such notice.
A.ย
A written determination on such application shall be rendered within 20
calendar days following receipt of a complete application and statement
with all required supporting documents; provided, however, that such
period may be extended by mutual agreement. The determination shall
state whether such proposed action may or will not have a significant
effect on the environment. The Board and/or its staff 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 of the
application.[1]
B.ย
To the extent practicable, other time limitations provided by statute
or local law or the rules and regulations shall be coordinated with
the time limitations provided in this chapter.
Every application for determination under this chapter shall
be accompanied by fees, as determined and set forth in the rules and
regulations, to defray the expense incurred in rendering such determination.
Such fees shall bear a reasonable relationship to the direct costs
incurred in the processing and review of said application and to such
other costs as may be provided for in the rules and regulations.
If the Board determines that the proposed action is an exempt
action or is a Type II action or that it will not have a significant
effect on the environment, the Board shall prepare, file and circulate
such determination, as provided in 6 NYCRR 617.12, and thereafter
the proposed action may be processed without further regard to this
chapter. If the Board determines that the proposed action is not an
exempt action and is not a Type II action and that it may have a significant
effect on the environment, the Board shall prepare, file and circulate
such determination, as provided in 6 NYCRR 617.12, and thereafter
the proposed action shall be reviewed and processed in accordance
with the provisions of this chapter and Part 617 NYCRR.
A.ย
Following a determination that a proposed action may have a significant
effect on the environment, the Board shall, in accordance with the
provisions of Part 617 NCYRR:
B.ย
If an applicant decides not to submit a DEIS, the Board shall notify
the applicant that the application will not be further processed until
said environmental impact statement is submitted and that no approval
will be issued.
A.ย
Upon receipt of a DEIS prepared at the request of the Board, a notice
of completion containing the information specified in 6 NYCRR 617.12(a)
shall be prepared, filed and circulated, as provided in 6 NYCRR 617.12(b)
and (c). In addition, it shall be published in the official newspaper
of the Village at the applicant's expense, and a copy thereof
shall also be posted in a conspicuous place designated in the rules
and regulations. Copies of the DEIS and the notice of completion shall
be filed, sent and made available, as provided in 6 NYCRR 617.12(b)
and (c).
B.ย
If the Board determines to hold a public hearing on a DEIS, notice
thereof shall be filed, circulated and sent in the same manner as
the notice of completion and shall be published in the official newspapers
of the Village at least 14 calendar 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. The hearing shall commence no less than 15 calendar days
nor more than 60 calendar days from the filing of the DEIS, except
as otherwise provided where the Board 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 applicable
law.[1]
C.ย
If, on the basis of a DEIS or a public hearing thereon, the Board
determines that an action will not have a significant effect on the
environment, the proposed action may be processed without further
regard to SEQR or this chapter.
D.ย
If, on the basis of a DEIS or a public hearing thereon, the Board
determines that the proposed action will have a significant effect
on the environment, the Board shall require the preparation of an
EIS in accordance with the provisions of Part 617 NYCRR. Such EIS
shall be prepared within 45 days after the close of any hearing or
within 60 days after the filing of the DEIS, whichever last occurs;
provided, however, that the 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.
A.ย
A notice of competition of an EIS shall be prepared, filed and sent in the same manner as provided in ยงย 138-10 herein and shall be sent to all persons to whom the notice of completion of the DEIS was sent. Copies of the EIS shall be filed and made available for review in the same manner as the DEIS.
B.ย
No decision to carry out or approve an action which has been the
subject of an EIS shall be made by the Board until after the filing
and consideration of the EIS. The Board shall make a decision whether
or not to approve the action within 30 calendar days of the filing
of the EIS.
C.ย
When the Board decides to carry out or approve the action which may
have a significant effect on the environment, it shall make the following
findings in a written determination:
(1)ย
Consistent with social, economic and other essential considerations
of state and local 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 effect disclosed in the relevant environmental
impact statements; and
(2)ย
All practicable means will be taken in carrying out or approving
the action to minimize or avoid adverse environmental effects.
D.ย
For public information purposes, a copy of this determination shall
be filed and made available as provided in Part 617 of NYCRR.
The Village 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.
Where an action is proposed to be undertaken by a board of the
Village, the above procedures shall be followed except as otherwise
provided by the rules and regulations.
Where more than one agency is involved in an action, the procedures
of 6 NYCRR 617.14 and 617.6 shall be followed.
Actions undertaken or approved prior to the date specified in
SEQR for local agencies shall be exempt from this chapter and the
provisions of SEQR and Part 617 of NYCRR; provided, however, that
if after such date the Board modifies an action undertaken or approved
prior to that date and the 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 NYCRR.