[HISTORY: Adopted by the Board of Trustees of the Village of Baxter
Estates 5-8-1979 by L.L. No. 1-1979. Amendments
noted where applicable.]
The purpose of this chapter is to implement for the Village of Baxter
Estates the provisions of the State Environmental Quality Review Act,[1] and the regulations from time to time issued thereunder.
[1]
Editor's Note: See Environmental Conservation Law Art. 8.
A.
The terms, words and phrases used in this chapter shall
have the same meanings as such terms, words and phrases are defined in Article
8 of the Environmental Conservation Law and Part 617 of the regulations issued
thereunder, unless the context requires a different meaning.
Notwithstanding the provisions of any other law, including the Village
Law of the State of New York, no action, other than an exempt, excluded or
Type II action, shall be carried out, approved or funded by any agency, board,
body, or officer of the Village unless there has been compliance with SEQR,
Part 617 to the extent applicable and this chapter.
A.
An EAF shall be prepared by or on behalf of any agency,
board, body or officer of the Village in connection with any Type I action
such agency, board, body or officer contemplates or proposes to carry out
directly. For an unlisted action an EAF in a short or long form may be prepared
to facilitate a preliminary determination of environmental significance.
B.
An application for permit or approval of funding of a
Type I action shall be accompanied by an EAF, and for an unlisted action shall
be accompanied by either a short- or long-form EAF as the board to which such
application is made may deem appropriate to assist the lead agency in making
a preliminary determination of environmental significance. An applicant may
prepare a draft EIS to accompany the application in place of the EAF. In lieu
of an EAF the Village Board of Trustees may adopt different procedures for
reviewing environmental significance of unlisted actions. The lead agency
shall make a preliminary determination of environmental significance of the
action on the basis of the EAF, draft EIS or, with respect to unlisted actions,
in accordance with its own procedures, as the case may be, and such other
information as it may require.
[Amended 9-19-2005 by L.L. No. 1-2005]
The fees for review or preparation of an EAF or EIS involving an applicant
for a permit, approval or funding of an action shall be fixed from time to
time by a resolution of the Village Board of Trustees.
[Amended 9-19-2005 by L.L. No. 1-2005]
Critical areas of environmental concern may be designated by resolution
of the Village Board of Trustees in accordance with Part 617.14(g).
The Board of Trustees may, from time to time, by resolution, adopt or
amend such regulations as may be necessary or required to implement the provisions
of this chapter.
