Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 6-3-1987 as L.L. No. 9-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 89.
Subdivision of land — See Ch. 187.
Zoning — See Ch. 225.

§ 107-1 Findings and intent.

It is hereby declared and found that the maintenance of a quality environment is a matter of vital importance to the health, safety and welfare of the residents of the Village of Great Neck Plaza; that a quality physical environment contributes to the enhancement of human and community resources; and that the protection and enhancement of the environment should be given appropriate weight by the village and its agencies, together with social and economic considerations, in the formulation of public policy and in modifying decisions. In order to better effectuate and achieve these goals, the village has determined that it is appropriate and desirable to repeal Local Law No. 10 of 1977 and to enact a new local law with respect to applicable procedures for conducting an environmental quality review of actions which may have a significant effect on the environment.

§ 107-2 Definitions and word usage.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meanings 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. 
As used in this chapter, the following terms shall have the meanings indicated:
VILLAGE
The Incorporated Village of Great Neck Plaza.

§ 107-3 Compliance required; preliminary planning.

No decision to carry out or approve an action, other than an action listed in § 107-4B hereof or in 6 NYCRR 617 as a Type II action, shall be made by any department, board, commission, officer or employee of the village until there has been full compliance with all requirements of this chapter and 6 NYCRR 617; provided, however, that nothing therein 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 6 NYCRR 617 have been fulfilled.

§ 107-4 Actions affecting or not affecting environment.

A. 
Consistent with 6 NYCRR 617 and the criteria therein, those actions listed in 6 NYCRR 617 as Type I actions are likely to have a significant effect on the environment and are hereby declared to be Type I actions.
B. 
Consistent with 6 NYCRR 617 and the criteria therein, the following actions, in addition to those listed in 6 NYCRR 617 as Type II actions, are those actions not likely to have a significant effect on the environment and are hereby declared to be Type II actions:
(1) 
The granting of routine permit approvals and renewals including:
(a) 
Demolition permits.
(b) 
Sign permits.
(c) 
Similar use permits.

§ 107-5 Written statement of applicant.

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 lead agency 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 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 as may be required by the lead agency.

§ 107-6 Time limitations for determination by lead agency.

A. 
The lead agency shall render a written determination on such application within 20 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 lead agency. The lead 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. The determination shall state whether such proposed action may or will not have a significant effect on the environment.
B. 
To the extent practicable, or otherwise required by law, the time limitations provided in this chapter shall be coordinated with other time limitations provided by statute, local law, ordinance or regulation of other applicable agencies.

§ 107-7 Determination of type of action.

If the lead agency determines that the proposed action is not an action listed in § 107-4A hereof or 6 NYCRR 617 as a Type I action and that it will not have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in 6 NYCRR 617, and thereafter the proposed action may be processed without further regard to this chapter. If the lead agency determines that the proposed action is not exempt and that the proposed action may have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in 6 NYCRR 617, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and 6 NYCRR 617.

§ 107-8 Draft environmental impact statement.

A. 
Following a determination that a proposed action may have a significant effect on the environment, the lead agency shall, in accordance with the provisions of 6 NYCRR 617:
(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; or
(2) 
In the case of an action prepared by a governmental agency, require that agency to prepare a draft environmental impact statement.
B. 
If the applicant decides not to submit an environmental impact report, the lead agency 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 lead agency may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing the same if it is prepared by the applicant. Such fees shall be the actual cost to the lead agency for the preparation of the draft environmental impact statement or, if the draft environmental impact statement is prepared by the applicant, the actual cost to the lead agency for a review of the draft environmental impact statement.

§ 107-9 Notice of completion of draft environmental impact statement.

A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the lead agency, a notice of completion containing the information specified in 6 NYCRR 617 shall be prepared, filed and circulated as provided in 6 NYCRR 617. In addition, it may 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 be made available at the office of the Clerk 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 6 NYCRR 617. The lead agency shall make a determination of whether to hold a public hearing.
B. 
If the lead 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 must be published in the official newspaper of the village, if any, or, if none, in a newspaper having general circulation within the village and shall be made available at the office of the Clerk of the village at least 14 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 from 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.

§ 107-10 Determination of nonsignificance.

If, on the basis of a draft environmental impact statement or a public hearing thereon, the lead 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.

§ 107-11 Final environmental impact statement.

Except as otherwise provided herein, the lead agency shall require the preparation of a final environmental impact statement in accordance with the provisions of 6 NYCRR 617. 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, that the lead agency 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 lead agency in preparing and/or evaluating the same. The fee shall be the actual cost to the lead agency for the preparation of the final environmental impact statement or, if the final environmental impact statement is prepared by the applicant, the actual cost to the lead agency for a review of the final environmental impact statement.

§ 107-12 Notice of completion of final environmental impact statement.

A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in 6 NYCRR 617 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.

§ 107-13 Approval of action.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement shall be made until after the filing and consideration of the final environmental impact statement.

§ 107-14 Findings of fact.

When the lead 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. 
That 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 impact statements; and
B. 
That all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

§ 107-15 Public access to files.

For public information purposes, a copy of the determination shall be filed and made available as provided in 6 NYCRR 617.

§ 107-16 Inspection of files.

The Village Clerk 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 lead agency, including negative and positive declarations.

§ 107-17 Involved agencies.

Where more than one agency is involved in an action, the procedure of 6 NYCRR 617 shall be followed.

§ 107-18 Certain prior actions exempt.

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 6 NYCRR 617; provided, however, that if, after such dates, the lead agency modifies an action undertaken or approved prior to that date and the lead 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 6 NYCRR 617.

§ 107-19 Lead agencies for specific actions.

For the following actions, the lead agency shall be as provided herein:
A. 
Adoption, amendment or change in zoning regulations or official map: Board of Trustees.
B. 
Conditional use permit: Board of Trustees.
C. 
Variances and applications for interpretations of the zoning regulations: Board of Zoning Appeals.
D. 
Waiver of off-street parking requirement: Board of Trustees.
E. 
Swimming pool and tennis court permits: Board of Trustees.
F. 
Architectural control of exterior design and appearance of buildings: Board of Trustees.
G. 
Preservation of natural features and landscaping requirements: Board of Trustees.
H. 
Permit of compliance: Board of Trustees.
I. 
Facade permit: Board of Trustees.

§ 107-20 Repealer.

The Village of Great Neck Plaza hereby repeals Local Law No. 10 of 1977.

§ 107-21 When effective; filing of provisions.

This chapter shall take effect immediately as provided in the Municipal Home Rule Law upon being filed in the Office of the Secretary of State and an additional copy shall be filed with the Department of Audit and Control and with the Department of Environmental Conservation.