If an action is not exempt, as defined in Article III of this chapter, determination will be made by the village as to whether the action may have a significant effect upon the environment.
The following actions, in addition to those actions listed as Type I in Article XI, are likely to have a significant effect upon the environment:
A.
A substantial adverse change to ambient air quality
or water quality or noise levels or in solid waste production or drainage
or erosion or flooding.
B.
The removal or destruction of large quantities of
vegetation or fauna, the substantial interference with the movement
of any resident or migratory fish or wildlife species, impacts upon
critical habitat areas or the substantial affecting of a rare or endangered
species of animal or plant or the habitat of such species.
C.
The encouraging or attracting of a large number of
people to a place or places for more than a few days relative to the
number of people who would come to such a place absent the action.
D.
The creation of a material conflict with the community's
existing goal or plans as officially approved or adopted by the village.
E.
The impairment of the character or quality of important
historical, archaeological, architectural or aesthetic resources or
of existing community or neighborhood character.
F.
A major change in the use of either the quantity or
type of energy.
G.
The creation of a hazard to human health or safety
to any individual or group.
H.
The creation of a material demand for other actions
which would result in one (1) of the above consequences.
I.
A substantial change in the use or intensity of use
of land or other natural resources or in their capacity to support
existing uses, except where such an action has been included in broad
program statements, master or area-wide statements or statements for
comprehensive plans for which environmental impact statements have
been prepared. Agencies preparing such a statement shall develop procedures
for amending or supplementing such statements to reflect impacts which
are not addressed or adequately analyzed in such a statement as initially
prepared. Such procedures shall include such provisions for informing
the public and other agencies of the preparation of such amendments
or supplements and for allowing comment thereon before incorporation
of such amendments or supplements in said statement. Actions undertaken
or approved in conformity with this chapter shall require no further
review under this chapter.
J.
Changes in two (2) or more elements of the environment,
no one (1) of which is substantial, but when taken together result
in a material change in the environment.
K.
Where there has been duly prepared under the National
Environmental Policy Act of 1969 a negative declaration or other written
threshold determination that the action will not require a federal
impact statement, the village shall determine whether or not the action
may have a significant effect upon the environment pursuant to the
Village Environmental Quality Review Law.
A.
In order to determine whether a proposed Type I or
unlisted action may have a significant effect on the environment,
the impacts which may be reasonably expected to result from the proposed
action must be compared against the criteria in this section, whether
or not an environmental assessment form (EAF) has been prepared. The
following list is not exhaustive; however, these criteria are considered
indicators of significant effects on the environment.
(1)
A substantial adverse change in existing air quality,
water quality or noise levels; a substantial increase in solid waste
production; a substantial increase in potential for erosion, flooding
or drainage problems.
(2)
The removal or destruction of large quantities of
vegetation or fauna; the substantial interference with the movement
of any resident or migratory fish or wildlife species; impacts on
a significant habitat area; or substantial adverse effects on a threatened
or endangered species of animal or plant or the habitat of such a
species.
(3)
The encouraging or attracting of a large number of
people to a place or places for more than a few days compared to the
number of people who would come to such place absent the action.
(4)
The creation of a material conflict with a community's
existing plans or goals as officially approved or adopted.
(5)
The impairment of the character or quality of important
historical, archeological, architectural or aesthetic resources or
of existing community or neighborhood character.
(6)
A major change in the use of either the quantity or
type of energy.
(7)
The creation of a hazard to human health or safety.
(8)
A substantial change in the use or intensity of use
of land or other natural resources or in their capacity to support
existing uses.
(9)
The creation of a material demand for other actions
which would result in one (1) of the above consequences.
(10)
Changes in two (2) or more elements of the environment,
no one (1) of which has a significant effect on the environment, but
which when taken together result in a substantial adverse impact on
the environment.
(11)
Two (2) or more related actions undertaken,
funded or approved by an agency, no one (1) of which has or would
have a significant effect on the environment, but which cumulatively
meet one (1) or more of the criteria in this section.
B.
For the purpose of determining whether an action will
cause one (1) of the foregoing consequences, the action shall be deemed
to include other simultaneous or subsequent actions which are:
C.
The significance of a likely consequence (that is
whether it is material, substantial, large, or important) should be
assessed in connection with:
The significance of a likely consequence as enumerated in §§ 144-10 and 144-11 (i.e., whether it is material, substantial, large, important, etc.) should be assessed in connection with its setting (i.e., urban or rural), its probability of occurring, its duration, its irreversibility, its controllability, its geographic scope and its magnitude.
A.
For the purpose of assisting the village in the determination
of whether an action may or will not have a significant effect upon
the environment, applicants for permits or other approvals shall file
a written statement with the village setting forth:
B.
Such statement shall be filed simultaneously with
the application for action.
The statement provided herein shall be upon
a form titled "SEQR" prescribed by resolution by the village and shall
contain 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 village.
Upon receipt of a complete application, the
village shall cause 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,
if any, or in a newspaper having general circulation within the village.
The notice shall describe the nature of the proposed action and state
that written views thereon of any person shall be received by the
village no later than seven (7) days after posting of said notice.
The village 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. The determination shall state whether such proposed action
may or will not have a significant effect upon the environment. The
village may hold informal meetings with the applicant and may consult
with any other person for the purpose of making a determination of
the application.
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.
Actions proposed by the village shall be assessed
to determine whether or not the action may or will not have a significant
effect upon the environment.
The statement provided herein shall be upon a form as provided in § 144-14 of this chapter.
The statement of environmental significance shall be processed in the manner prescribed by § 144-15 of this chapter.
The village, upon determining whether an action
proposed by the village or an applicant to the village may or will
not have a significant effect upon the environment, shall immediately
file such a determination as follows:
A.
One (1) copy with the appropriate regional office
of the New York State Department of Environmental Conservation.
B.
One (1) copy with the Commissioner of the New York
State Department of Environmental Conservation.
C.
One (1) copy with the office of the Municipal Clerk
of the village.
D.
One (1) copy with the appropriate lead agency, if
any.
E.
One (1) copy with the applicant, if any.
F.
One (1) copy with other involved agencies, if any.
A.
If it is determined by the village that the action
will not have a significant effect upon the environment, the proposed
action may be processed without further regard to this chapter.
