[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook 3-21-1977 as L.L. No. 7.1977. 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).
B.
"Village" shall mean the Village of Lynbrook.
No decision to carry out or approve an action other than an action listed in § 117-3B hereof or Section 617.12 of Title 6 of NYCRR as a Type II action shall be made by the Board of Trustees or by any department, board, commission, officer or employee of the village, until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of NYCRR; 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.
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
NYCRR have been fulfilled.
A.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.12
of Title 6 of NYCRR as Type I actions, are likely to have a significant
effect on the environment: none.
B.
Consistent with Part 617 of Title 6 of NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.12
of Title 6 of NYCRR as Type II actions, are deemed not to have a significant
effect on the environment: none.
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 Board of Trustees 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 their 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 provided herein shall be
upon a form prescribed by resolution by the Board of Trustees 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 Board of Trustees.
Upon receipt of a complete application and a statement, the
Board of Trustees shall cause a notice thereof to be posted on the
signboard, if any, of the village and may also cause such notice to
be published in the official newspaper of the village, if any, or
in a newspaper having general circulation within the village, describing
the nature of the proposed action and stating that written views thereon
of any person shall be received by the Board of Trustees no later
than a date specified in such notice.
A.
The Board of Trustees shall render a written determination on such
application within 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 Board of Trustees. The
determination shall state whether such proposed action may or will
not have a significant effect on the environment. The Board of Trustees
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: $10.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in § 117-3B hereof or Section 617.12 of Title 6 of NYCRR as a Type II action and that it will not have a significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Board of Trustees determines that the proposed action may have a significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, 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 NYCRR.
A.
Following a determination that a proposed action may have a significant
effect on the environment, the Board of Trustees shall, in accordance
with the provisions of Part 617 of Title 6 of NYCRR:
(1)
In the case of an action involving an applicant, immediately notify
the applicant of the determination and shall request the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement.
(2)
In the case of an action not involving an applicant, prepare a draft
environmental impact statement.
B.
If the applicant decides not to submit an environmental impact report,
the Board of Trustees shall prepare or cause to be prepared the draft
environmental impact statement or, in its discretion, notify the applicant
that the processing of the application will cease and that no approval
will be issued. The Board of Trustees may require an applicant to
submit a fee to defray the expense to it of preparing a draft environmental
impact statement or reviewing same if it is prepared by the applicant.
Such fees shall be determined by the Board of Trustees.
A.
Upon completion of a draft environmental impact statement prepared
by or at the request of the village, a notice of completion containing
the information specified in Section 617.7(d) of Title 6 of NYCRR
shall be prepared, filed and circulated as provided in Section 617.7(e)
and (f) of Title 6 of NYCRR. In addition, it shall be published in
the official newspaper, if any, of the village or, if none, a newspaper
having general circulation within the village, and a copy thereof
shall also be posted on the 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 of NYCRR.
B.
If the Board of Trustees 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, if
any, or, if none, in a newspaper having general circulation within
the village, at least 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 comments shall be received. The hearing shall commence
no less than 15 calendar days nor more than 60 calendar days after
the filing of the draft environmental impact statement, except as
otherwise provided where the Board of Trustees 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 Board of Trustees 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 Board of Trustees shall
prepare or cause to be prepared a final environmental impact statement
in accordance with the provisions of Part 617 of Title 6 of NYCRR,
provided further that if the action involves an application, the Board
of Trustees may direct the applicant to prepare the final environmental
impact statement. Such final environmental impact statement shall
be prepared within 45 days after the close of any hearing or within
60 days after the filing of the draft environmental impact statement,
whichever last occurs; provided, however, the Board of Trustees may
extend this time as necessary to complete the statement adequately
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 this section to defray the expenses of the village
in preparing and/or evaluating same. The fee shall be determined as
follows: $10.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 117-10 herein 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 the Board
of Trustees or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement. Where
the Board of Trustees has been the lead agency for an action, it shall
make a decision whether or not to approve the action within 30 days
of the filing of the final environmental impact statement.
When a Board of Trustees 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.
For public information purposes, a copy of the determination
shall be filed and made available as provided in Part 617 of Title
6 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
by the Board of Trustees.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR 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 NYCRR;
provided, however, that if, after such dates the Board of Trustees
modifies an action undertaken or approved prior to that date and the
Board of Trustees 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 NYCRR.