Where an action subject to this chapter involves
an applicant and the village has been responsible for the preparation
of environmental impact statements, the village shall charge a fee
not to exceed one-half of one percent (1/2 of 1%) of the action's
total cost to the applicant in order to recover the costs of preparing
and/or reviewing environmental impact statements.
The village may, from time to time after public
hearing, modify the procedures of this chapter, broaden the scope
of actions for which environmental review is required and establish
further environmental review criteria. Such amendments shall be no
less protective of environmental values, public participation and
agency and judicial review than the procedures set forth in Part 617
NYCRR and New York State Environmental Conservation Law § 8-0113.
Upon the written request of any person, the
Commissioner of the New York State Department of Environmental Conservation
shall review and determine whether any action contained in the village's
own list or classification system is consistent with the criteria
of Section 617.9 and the actions in Section 617.12 of Part 617 of
the New York Codes, Rules and Regulations, State Environmental Quality
Review. The Commissioner shall give written notification of the determination
to such persons and the village within thirty (30) days of receipt
of a request.
Within ten (10) calendar days after the filing
of a final decision of the village of the environmental impact of
a proposed action, the village will accept a written statement of
questions of specific nature pertaining to such decision by any person(s)
or agency(s).
At the mutual consent of the village and the
person(s) or agency(s) which has caused the statement of questions
to be prepared to the village, the date, time and location of a meeting
of both parties shall be established. Such meeting shall take place
not later than thirty (30) calendar days after the receipt of the
written statement by the village. If more than one (1) written statement
of questions is received by the village, the village may, at its discretion,
hold one (1) meeting to address all statements of questions.
Within ten (10) calendar days of receipt of
a written statement of questions, the village shall cause notice of
receipt of such questions to be published in a newspaper of general
circulation within the village. Such notice shall state that the questions
may be reviewed at the office of the Village Clerk and the date, time
and location of the meeting between the village and the person(s)
or agency(s) which has caused the statement of questions to be prepared
and that any person(s) or agency(s) that wish to comment upon the
statement of questions may do so at such meeting. The cost of such
notice shall be paid by the person(s) or agency(s) that caused the
statement of questions to be prepared.
The purpose of the meeting between the village
and the person(s) or agency(s) that caused the statement of questions
to be prepared shall be to discuss the environmental ramifications,
social and economic ramifications and other mitigating circumstances
which led to the final decision made by the village on the action.
Only those questions which appear upon the written statement of questions
shall be discussed at such meeting.
Based upon the discussion between the village and the person(s) or agency(s) that caused the statement of questions to be prepared and with any other person(s) or agency(s) with which the village may wish to consult, the village may modify its final decision. No further consideration of questions pertaining to any decision of the village upon the proposed action as provided in this section will be made. Notice of the final decision shall be made in the same manner as provided in §§ 144-35, 144-36 and 144-45 of this chapter. The village shall maintain a file open to public inspection of all notices of determination prepared by it.
This chapter shall take effect on March 1, 1979,
for any actions undertaken by the village. This chapter shall take
effect on November 1, 1978, for any action proposed by an applicant
which requires a permit or other approval from the municipality.
