[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 3-28-1977
by L.L. No. 1-1977. 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 NYCRR.
No decision to carry out or approve an action, other than an action listed in § 95-3B hereof or § 617.12 of 6 NYCRR as Type II action, shall be made by the officer or employee of the Village Board 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 actions listed in § 617.12 of Title 6 of NYCRR
as Type I actions are likely to have a significant effect on the environment.
B.
Consistent with Part 617 of Title 6 of NYCRR and the
criteria therein, actions listed in § 617-12 of Title 6 of NYCRR
as Type II actions are deemed not to have a significant effect of the environment.
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 Village
Administrator 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 Village Administrator 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 material required by the Village Administrator.
Upon receipt of a complete application and a statement, the Village
Administrator shall cause a notice thereof to be posted on the signboard of
the village maintained by the village and may also cause such notice to be
published in the official newspaper of the village describing the nature of
the proposed action and stating that written views thereon of any person shall
be received by the Village Administrator no later than a specified date, in
such notice.
A.
The Village Administrator 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 Village Administrator. The determination
shall state whether such proposed action may or will not have a significant
effect on the environment. The Village Administrator 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 Administrator.
Every application under this chapter shall be accompanied by a fee of
$5. In addition, the applicant shall pay a reasonable fee, in accordance with
Title 6 of NYCRR, to defray expenses incurred in rendering such determination.
If the Village Administrator determines that the proposed action is not an exempt action, not an action listed in § 95-3B hereof or § 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 Village Administrator shall prepare, file and circulate such determination as provided is § 617.7(b) of Title 6 of NYCRR and thereafter the proposed action may be processed without further regard to this chapter. If the Village Administrator determines that the proposed action may have a significant effect on the environment, the Village Administrator shall prepare, file and circulate such determination as provided in § 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 Village Administrator 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 request that the applicant 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 Village Administrator shall prepare or cause to be prepared
the draft environmental impact statement or, in his or her discretion, notify
the applicant that the processing of the application will cease and that no
approval will be issued. The Village Administrator may require an applicant
to submit a fee to defray the expenses of preparing a draft environmental
impact statement or reviewing same if it is prepared by the applicant. Such
fees shall be in accordance with Title 6 of NYCRR.
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 § 617.7(d) of Title 6 of NYCRR shall be prepared, filed
and circulated as provided in § 617.7(e) and (f) of Title 6 of NYCRR,
and a copy thereof shall also be posted on a 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 § 617.7(e)
and (f) of Title 6 of NYCRR.
If the Village Administrator 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 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 of the filing of
the draft environmental impact statement, except as otherwise provided where
the Village Administrator 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 Village Administrator 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 Village Administrator 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 Village Administrator shall
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,
that the Village Administrator may extend this time as necessary to complete
the statement adequately or where problems identified with the proposed action
require material reconsideration or modification. Failure to complete the
final environmental impact statement in agreed time specified above shall
cause the Village Administrator to notify the applicant that the application
shall be considered withdrawn and that no approval will be issued. Where the
action involves an application, such final environmental impact statement
shall be accompanied by a fee of $25 to defray the expenses of the Village
Administrator in evaluating same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 95-10 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 Village Inspector or by any
other agency shall be made until after the filing and consideration of the
final environmental impact statement. Where the village 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 the Village Administrator decides to carry out or approve an action
which may have a significant effect on the environment, he 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.
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 Village Administrator.
Where more than one agency is involved in an action, the procedures
of §§ 617.4 and 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 Village Board modifies an action undertaken or approved prior to
that date and the Village Administrator 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.
