An application to the Planning Board, Building
Inspector or Board of Zoning Appeals for approval or permit shall
be accompanied by an environmental assessment form (EAF) and a coastal
assessment form (CAF). A short EAF form may be used in the case of
an accessory structure or Type II action, otherwise the EAF shall
be a full EAF, including a visual assessment form. In the case of
a physical action proposed to be carried out or funded by the village,
the Village Engineer shall submit the EAF and coastal assessment forms.
The forms to be used for the EAF, visual assessment
form and coastal assessment form shall be available in the Village
Office.
The procedure for making findings as to environmental
effect shall be the procedure of SEQRA and NYCRR 617:
A.
If, based on review of the EAF and other information,
the responsible agency determines that the proposed action may be
environmentally significant, then an environmental impact statement
(EIS) is required.
B.
If an EIS is required, the responsible agency shall
proceed as provided in Sections 8, 9, 10 and 14 of NYCRR 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 responsible agency, the responsible agency may either prepare
a draft EIS itself, discontinue further processing until the applicant
can prepare an acceptable draft EIS or deem the application abandoned
and discontinue review.
C.
If a public hearing is held on a draft EIS, it shall
whenever possible be concurrent with any other hearing on the application.
The procedure for making findings as to consistency with the LWRP in actions other than the type stated in § 81-14F (i.e., in actions in which the Joint Village Coastal Management Commission is an advisory agency to the responsible agency) shall be as follows:
A.
The responsible agency shall forward a copy of the
application or direct action description, together with a copy of
the EAF and CAF and any supporting material, to the Joint Village
Coastal Management Commission (the "Commission") within five days
of receipt from the applicant.
B.
The Chairperson of the Commission shall determine
if the information supplied constitutes a full statement for the purpose
of determining the consistency with the LWRP. The Chairperson may
request any other material the Chairperson feels is necessary for
a complete review.
C.
If the Chairperson determines that there are other
interested agencies, the Commission shall forward the material concerning
the proposed action to each interested agency.
D.
The Commission shall review the proposed action to
determine whether it is consistent, consistent if conditions are met
or inconsistent with the LWRP. If inconsistent, the Commission shall,
if possible, list modifications that might be made to make the project
consistent.
E.
While the Commission is preparing its recommendations
as to the consistency of the proposed action with the LWRP, the responsible
agency shall proceed in its review of the proposed action as provided
for in this Part 2 and other applicable local laws.
F.
Within 62 days of its receipt of the application,
the Commission shall send its written recommendation to the responsible
agency. A responsible agency may not take action on an application
or direct action until it has received and considered the consistency
recommendation of the Commission in its decision. If the Commission
fails to send its written recommendation to the responsible agency
within 62 days of its receipt of the application, the responsible
agency may proceed with the action.
[Amended 2-13-2008 by L.L. No. 1-2008]
G.
If the responsible agency, after reviewing the written
recommendation of the Commission, finds that it disagrees with the
consistency recommendation of the Commission, it shall prepare a written
finding detailing its position within 15 days. The Commission and
responsible agency shall, upon completion of the responsible agency's
findings, meet to resolve their differences.
H.
If the Commission and the responsible agency cannot reach a mutually agreeable consistency determination, the matter will be referred to the Village Board of Trustees for final resolution. The responsible agency shall take no action until the Board of Trustees has made its determination. Where the action is a direct action, the Board of Trustees, in making its determination, shall adhere to the requirements of § 81-20.
I.
The responsible agency shall have the authority, in
its finding of consistency, to impose practicable and reasonable conditions
on the action to ensure that is carried out in accordance with this
Part 2.
J.
If the responsible agency finds that the proposed
action is in conflict with one or more of the policy standards of
the LWRP, the proposer of the action shall be notified, in writing,
of the points of conflict and shall be invited to submit modifications
of the proposed action and to meet with the responsible agency with
the purpose of finding means of eliminating the conflicts. If the
proposer does not respond, in writing, within a period of 60 days,
the proposal for the action shall be deemed to have been abandoned.
Unless and until an agreement is reached which eliminates the conflicts
in a proposed action, the finding of nonconsistency shall continue
in force and no approval, permit or funding of the proposed action
shall be given.
In actions in which the Commission is itself the responsible agency, i.e., in actions of the type stated in § 81-14F, the Commission shall not notify agencies of other governmental entities of its initial findings until it has obtained the advice and consent of the Board of Trustees. Following such advice and consent, the procedure shall be as described in Section V(D) of the LWRP and in Part 1, Integrated Municipal Review of Actions Within Coastal Area, of this chapter (Local Law No. 1 of 1990).
The responsible agency shall create a record
indicating its reasoning in arriving at its finding, and said record
shall be available for public inspection upon request.
[Amended 5-20-2020 by L.L. No. 3-2020]
