[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 8-13-2007
by L.L. No. 14-2007. Amendments noted where applicable.]
This chapter will be known as the "Village of Sagaponack Environmental
Quality Review Law."
The purpose of this chapter is to implement the provisions of the State
Environmental Quality Review Act and the State Environmental Quality Review
Regulations, thereby incorporating environmental factors into the existing
planning and decisionmaking process.
This chapter is adopted under authority of the Municipal Home Rule Law,
the State Environmental Quality Review Act and the State Environmental Quality
Review Regulations.[1]
[1]
Editor's Note: See 6 NYCRR 617.
A.
EAF
EIS
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
As used in this chapter, the following terms shall have
the meanings indicated:
Environmental assessment form.
Environmental impact statement.
Article 8 of the Environmental Conservation Law, which is Chapter
43-B of the Consolidated Laws of the State of New York.
B.
All other terms for which definitions are given in SEQRA
and/or Part 617 have the same meanings in this chapter.
All agencies, boards, departments, offices, other bodies or officers
of the Village of Sagaponack must comply with SEQRA, Part 617 and this chapter
to the extent applicable prior to carrying out, approving or funding any action,
other than an exempt, excluded or Type II action.
A.
The lead agency is the agency (i.e., board, department,
office, other body or officer of the Village) principally responsible for
carrying out, funding or approving an action. The lead agency is responsible
for determining whether an EIS is required for the action and for preparing
and filing the EIS if it is required.
B.
Where more than one agency is involved, the lead agency
is determined and designated as provided in Section 6 of Part 617.
C.
The Board of Trustees will be the Village clearinghouse
for lead agency designation. It will assist agencies and applicants to identify
other federal, state and local agencies that may be involved in approving,
funding or carrying out Type I and unlisted actions. The clearinghouse will
make recommendations on the designation of lead agencies for particular actions.
A.
When any agency, department, body, board or officer of
the Village of Sagaponack contemplates directly carrying out, funding or approving
any Type I action, a full EAF must be prepared by it or on its behalf. When
an unlisted action is contemplated, either a full or short-form EAF, as appropriate,
must be prepared. The EAF forms given in Appendixes A, B and C of Part 617
will be used as models but may be modified to meet the needs of particular
cases. However, the final scope of such a modified EAF must be at least as
comprehensive as the scope of the model forms.
B.
When any person submits an application for funding or
a permit or other approval of a Type I or unlisted action to any agency, department,
body, board or officer of the Village, an EAF must accompany the application.
For Type I actions, a full EAF must be prepared; for unlisted actions, either
the full EAF or the short form may be used, as appropriate. An applicant may
choose to prepare a draft EIS in place of an EAF.
C.
The lead agency must make a determination of environmental
significance of the action. This determination must be based on the EAF or,
with respect to unlisted actions, its own procedures, as the case may be,
and on such other information as it may require. The criteria stated in Section 7
of Part 617 must also be considered by the lead agency in making its determination
of significance. The determination must be made within 20 days of its designation
as lead agency or within 20 days of its receipt of all information it requires,
whichever is later.
D.
For Type I actions, the lead agency must give public
notice and file a determination of nonsignificance as provided in Section
12 of Part 617. For unlisted actions, the lead agency must send a determination
of nonsignificance to the applicant and maintain its own records thereof in
accordance with Sections 6, 7 and 12 of Part 617.
E.
If the lead agency makes a determination of nonsignificance,
the direct action, approval or funding involved will be processed without
further regard to SEQRA, Part 617 or this chapter.
F.
The time of filing an application for approval or funding
of an action commences from the date the determination of environmental nonsignificance
is made. If the applicant prepared a draft EIS in lieu of an EAF, the time
of filing commences from the date the lead agency accepts the draft EIS as
adequate in scope and content and commences the public comment period.
A.
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed as
provided in Sections 9, 11 and 12 of Part 617. The draft EIS will normally
be prepared by the applicant. If the applicant fails to prepare a draft EIS
or prepares a draft EIS which is unacceptable to the lead agency, the lead
agency may either prepare a draft EIS itself, discontinue further processing
until the applicant can provide an acceptable draft EIS or deem the application
abandoned and discontinue review.
C.
If a public hearing is held on the draft EIS, it must,
whenever possible, be concurrent with any other hearing on the application.
A fee shall be charged to the applicant for the review or preparation
of the draft EIS, and scoping shall be considered part of the draft EIS for
purposes of determining the fee. All costs actually incurred by the Village
shall be recovered from the applicant. Such fees will be equal to the maximum
allowable under Section 13 of Part 617 of the New York Codes, Rules and Regulations.
No agency shall have the authority to waive or modify this fee.
For purposes of this chapter, Type I actions include all those given
in Section 4 of Part 617.
For purposes of this chapter, Type II actions include all those listed
in Section 5 of Part 617.
This chapter shall take effect immediately upon filing in the office
of the Secretary of State. A copy of this chapter must be filed with the Commissioner
of the Department of Environmental Conservation.
