[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 2-18-1974. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENVIRONMENTAL IMPACT ASSESSMENT
- A written evaluation and report, prepared by an applicant as provided herein.
It is declared the policy of the Village, the Planning Board and the Board of Appeals, in addition to the policy and authority otherwise granted, in the interests of the health, safety and welfare of the Village and the orderly development thereof:
To seek to conserve and enhance the natural environment and to provide for the wisest use of available resources by minimizing adverse environmental impacts.
To seek to preserve unique natural and cultural features.
To assure the best possible environment for man, animals and other desirable organisms within or affected by any development area.
To understand, evaluate and protect the quality of the environment of the Village.
To analyze long-range patterns of development and encourage the most desirable alternatives.
It is in furtherance of this policy that environmental impact assessments will be required in accordance with the provisions of this chapter.
To permit the Board of Appeals and the Planning Board to meet their responsibility hereunder, an environmental impact assessment shall be prepared by every applicant for a special permit in accordance with the provisions of § 224-47B of the Irvington Code, when so ordered by the Board of Appeals; every applicant for a planned unit residential development (PURD) under Article VII of Chapter 224, Zoning, of the Irvington Code; and every applicant for approval of a subdivision plat under Chapter 188, Subdivision of Land, of the Irvington Code if the area of the plat is more than five acres, or if the area involved is less than five acres when so ordered by the Planning Board. Environmental impact assessments by applicants for a PURD or for approval of a subdivision plat shall be filed with the Planning Board, and environmental impact assessments by applicants for a special permit shall be filed with the Board of Appeals.
If an environmental impact assessment is required by this chapter to be filed with any application for a special permit, subdivision plat or PURD, such application shall not be approved unless such assessment has been filed with and found acceptable in form and substance by the Planning Board or the Board of Appeals as herein provided.
Six copies of any required environmental impact assessment shall be filed by delivering the same to the Village Clerk in a package addressed to the Planning Board or the Board of Appeals, whichever is to receive the same. The environmental impact assessment, with respect to a subdivision plat with an area of more than five acres or application for a PURD shall be filed at the time the preliminary layout is presented to the Planning Board as provided in §§ 188-8 and 224-30 of the Irvington Code; and with respect to any other application referred to in Subsection A above, shall be filed as soon as practicable after the Planning Board or the Board of Appeals advises the applicant in writing that the same shall be required.
The environmental impact assessment shall contain a description with drawings and/or sketches of the proposed or potential site improvement for the tract in question and a detailed analysis of its environmental impact, and such information as would be required in an application to the State of New York Department of Environmental Conservation in accordance with the Environmental Considerations in Project Review, issued by the Division of Resource Management Services, Bureau of Water Regulation, dated November 8, 1971, or latest revision. In analyzing environmental impact, each environmental impact assessment shall include but not be limited to studies of the impact of the proposed or potential site improvement on topography, wildlife, vegetation, water resources, wetlands, surface water drainage, erosion, sewage and waste disposal, population, recreational facilities, traffic and transportation, air pollution, noise pollution, public facilities and services, and any special environmental considerations which are applicable in the opinion of the Planning Board or the Board of Appeals, as the case may be.
The environmental impact assessment shall state that the proposed site improvement will meet all requirements of any applicable federal, state and local laws and regulations relating to environmental impact and/or related matters, to pollution control, water resources, surface water drainage, sewage and waste disposal.
The environmental impact assessment filed as required herein with respect to any application shall be made available to the public prior to and at any public hearing with respect to such application.
Upon receipt of an environmental impact assessment from an applicant for a special permit, the Board of Appeals may meet its obligations hereunder by referring the same to the Planning Board for review, advice and recommendations as provided in Subsections B and C below, and the advice and recommendations of the Planning Board with respect thereto, including recommendations for modification and/or conditions to approval, may be adopted by the Board of Appeals.
Upon receipt of an environmental impact assessment, the Planning Board or the Board of Appeals, as the case may be, may in its discretion submit the same to the Conservation Advisory Council. The Council will review the assessment and submit a written report thereon to the Planning Board or Board of Appeals, as the case may be, within 30 days of the date of submission. Each such report shall set forth the comments of the Council with respect to the form and substance of the assessment, including any recommendations as to further information required in the assessment, and any recommendations as to modifications or conditions to approval, necessary or desirable to conform the proposal outlined in such application to the policy set forth herein. All such reports must be approved by the affirmative vote of a majority of the members at a meeting of the Conservation Advisory Council at which a majority of the entire Council is present.
As soon as practicable after receipt of an environmental impact assessment (or if the same has been submitted to the Conservation Advisory Council then after receipt of the report referred to in Subsection B above), the Planning Board or the Board of Appeals shall advise the party submitting the environmental impact assessment that the same does not comply with the provisions hereof in which event such party shall amend the assessment in form or substance, so that it shall comply with such provisions; or, if the environmental impact assessment complies with the provisions hereof, advise the submitting party thereof and make such recommendations, if any, for the modification or conditions of approval of the proposal outlined in such assessment as such Board shall deem necessary, appropriate or desirable so that the environmental impact of such proposal will be consistent with the health, safety and welfare of this Village. Each such applicant shall be required to make such modifications or accept such conditions before the application giving rise to such assessment is approved.