[HISTORY: Adopted by the Board of Trustees of the Village of Greenport
4-11-1977 as L.L. No. 2-1977; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this chapter shall have the same
meaning 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 (NYCRR)
adopted by the Commissioner of Environmental Conservation.
B.
VILLAGE
VILLAGE AGENCY
For purposes of this chapter, the following terms shall
have the meanings indicated:
The Village of Greenport.
Any department, board, commission, officer or employee of the Village
of Greenport.
No decision to carry out or approve an action other than an action listed in § 61-3B hereof or Section 617.13 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by a village agency 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 village 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, the actions listed in Section
617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions
are 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, the actions listed in Section
617.13 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.
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 village
agency having jurisdiction 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 the applicant's
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 required herein shall be
upon a form prescribed by the village and shall contain such additional relevant
information as shall be required. Such statement shall be accompanied by drawings,
sketches and maps, if any, together with any other relevant explanatory material
required by the village agency.
Upon receipt of a complete application and a statement, the village
agency shall cause a notice thereof to be posted on the signboard, if any,
of the village maintained by the village and may also cause such notice to
be published in the official newspaper of the village,[1] describing the nature of the proposed action and stating that
written views thereon of any person shall be received by the village agency
no later than a date specified in such notice.
A.
The village agency shall render a written determination
on such application within fifteen (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 village agency. The determination
shall state whether such proposed action may or will not have a significant
effect on the environment. The village agency 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 village.
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 fees shall be as follows: A fee, including
consultant fees, shall be paid to the village in accordance with Part 617
of Title 6 of the New York Codes, Rules and Regulations. Where the village
must prepare a final environmental impact statement, the fee charged shall
be the actual cost incurred by the village.
A.
If the village agency determines that the proposed action
will not have a significant effect on the environment, the village agency
shall prepare, file and circulate such determination as required by 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.
B.
If the village agency determines that the proposed action
may have a significant effect on the environment, the village agency shall
prepare, file and circulate such determination as required 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 village agency 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 that the applicant prepare
a draft environmental impact statement.
B.
In the case of an action not involving an applicant,
prepare or cause to be prepared a draft environmental impact statement.
C.
If the applicant decides not to submit an environmental
impact statement the village agency shall prepare or cause to be prepared
the draft environmental impact statement or, in its discretion, notify the
applicant that, by reason of the applicant's decision not to submit such statement,
the application shall be deemed withdrawn and no further action will be taken
thereon. The village agency may require an applicant to submit a fee to defray
the cost to it of preparing a draft environmental impact statement and/or
review of such statement if it is prepared by the applicant.
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the village agency, notice of completion
containing the information specified in Section 617.7(d)[1] 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)[2] of Title 6 of the New York Codes, Rules and Regulations. In addition
such notice shall be published in the official newspaper of the village and
a copy thereof shall also be posted on a signboard of the village. 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[3] of the New York Codes, Rules and Regulations.
B.
In the event that the village agency 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 village at least ten
(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 contents shall be received. The
hearing shall commence no less than fifteen (15) calendar days nor more than
sixty (60) calendar days from the filing of the draft environmental impact
statement, unless the village agency 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 village agency 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 village agency shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of New York Codes, Rules and Regulations, provided further that if the action involves an application, the village agency may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within forty-five (45) days after the close of any hearing or within sixty (60) days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the village agency may extend such time when necessary to adequately complete the statement 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 § 61-9C hereof to defray the expenses of the village in preparing and/or evaluating the same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 61-10A hereof and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement 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 a village agency or by any other
agency shall be made until after the filing and consideration of the final
environmental impact statement. Where the village agency has been the lead
agency for an action, it shall make a decision whether or not to approve the
action within thirty (30) days of the filing of the final environmental impact
statement.
When the village agency 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.
A.
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.
B.
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 by a village
agency.
Where more than one (1) agency is involved in an action, the procedure
of Sections 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 village agency modifies an action
undertaken or approved prior to that date and such agency 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.
Any person or persons, firm or corporation that violates any provisions
of this chapter shall be punishable by a fine of not more than two hundred
fifty dollars ($250.) nor less than twenty-five dollars ($25.) or imprisonment
for a term of not more than fifteen (15) days, or both.