[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 34
of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Village of Waterloo Environmental Quality Review Law."
The purpose of this chapter is to implement,
for the Village of Waterloo, the provisions of the State Environmental
Quality Review Regulations, thereby incorporating environmental factors
into existing planning and decisionmaking processes.
This chapter is adopted under authority of the
Municipal Home Rule Law, the State Environmental Quality Review Act
and the State Environmental Quality Review Regulations.[1]
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law and 6 NYCRR 617.
A.
Generally. The terms and words used in this chapter
shall have the same meanings as such terms and words are defined in
Article 8 of the Environmental Conservation Law and 6 NYCRR 617, unless
the context requires a different meaning.
B.
EAF
EIS
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
STATE ENVIRONMENTAL QUALITY REVIEW REGULATIONS (PART 617)
Specific terms. The following terms shall have the
following meanings:
Environmental assessment form.
Environmental impact statement.
Article 8 of the Environmental Conservation Law, which is
Chapter 43-b of the Consolidated Laws of the State of New York.
Part 617 of Title 6 of the Official Compilation of Codes,
Rules and Regulations of the State of New York.
All agencies, boards, departments, offices,
other bodies or officers of the Village of Waterloo must comply with
SEQR Part 617 and this chapter, to the extent applicable, prior to
carrying out, approving or funding any action, other than an exempt
or Type II action.
A.
The lead agency is the agency (i.e., board, department,
office, other body or officer) of the Village of Waterloo principally
responsible for carrying out, funding or approving an action. The
lead agency is responsible for determining whether an EIS is required
for the action and for preparing and filing the EIS if it is required.
B.
Where more than one agency is involved, the lead agency
is determined and designated as provided in Sections 617.6, 617.7
and 617.8 of Part 617, except that for the following specific Type
I and unlisted actions, in cases where a federal or state agency permit
or approval is not necessary, the lead agency is as indicated:
[Amended 7-12-1999 by L.L. No. 3-1999]
(1)
Adoption, amendment or change in zoning or land use
regulations: Board of Trustees.
(2)
Construction or expansion of Village buildings, structures
and other facilities, including highways within the Village of Waterloo:
Board of Trustees.
(3)
Variances: Board of Appeals.
(4)
Purchase, sale and/or lease of real property by the
Village of Waterloo: Board of Trustees.
(5)
Planned unit development or cluster zoning: Board
of Trustees.
(6)
Site plan review and special use permits: Planning
Board.
(7)
Construction or expansion of a nonresidential facility:
Planning Board.
C.
The Planning Board will be the clearinghouse for lead
agency designation. It will assist agencies and applicants to identify
other federal, state and local agencies that may be involved in approving,
funding or carrying out Type I and unlisted actions. The clearinghouse
will make recommendations on designation of lead agencies for particular
actions.
D.
Environmental review of actions involving a federal
agency will be processed in accordance with Section 617.15 of Part
617.
[Amended 7-12-1999 by L.L. No. 3-1999]
A.
When any agency, department, body, board or officer
of the Village of Waterloo contemplates directly carrying out, funding
or approving any Type I action, a full environmental assessment form
(EAF) must be prepared by it or on its behalf. When an unlisted action
is contemplated, either a full or short-form EAF, as appropriate,
must be prepared. The EAF forms given in Appendices A and B of Part
617 will be used as models but may be modified to meet the needs of
particular cases. However, the final scope of such a modified EAF
must be at least as comprehensive as the scope of the model forms.
B.
When any person submits an application for funding
or a permit or other approval of a Type I or unlisted action to any
agency, department, body, board or officer of the Village of Waterloo,
an EAF must accompany the application. For Type I actions a full EAF
must be prepared; for unlisted actions either a full EAF or the short
form may be used as appropriate. An applicant may choose to prepare
a draft EIS in place of an EAF.
C.
The lead agency must make a determination of the environmental
significance of the action. This determination must be based on the
EAF or, with respect to unlisted actions, its own procedures, as the
case may be, and on such other information as it may require. The
criteria stated in Section 617.7 of Part 617 must also be considered
by the lead agency in making its determination of significance. The
determination must be made within 20 days of its designation as lead
agency or within 20 days of its receipt of all information it requires,
whichever is later.
[Amended 7-12-1999 by L.L. No. 3-1999; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
D.
For Type I actions, the lead agency must give public
notice and file a determination of nonsignificance as provided in
Section 617.12 of Part 617. For unlisted actions, the lead agency
must send a determination of nonsignificance to the applicant and
maintain its own records thereof in accordance with Section 617.12
of Part 617.
[Amended 7-12-1999 by L.L. No. 3-1999]
E.
If the lead agency makes a determination of nonsignificance,
the direct action, approval or funding involved will be processed
without further regard to SEQR, Part 617 or this chapter.
F.
The time of filing an application for approval or
funding of an action commences from the date the determination of
environmental nonsignificance is made. If the applicant prepared a
draft EIS in lieu of an EAF, the time of filing commences from the
date the lead agency accepts the draft EIS as adequate in scope and
content and commences the public comment period.
A.
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed
as provided in Sections 617.9, 617.11 and 617.12 of Part 617. The
draft EIS will normally be prepared by the applicant. If the applicant
fails to prepare a draft EIS or prepares a draft EIS which is unacceptable
to the lead agency, the lead agency may either prepare a draft EIS
itself, discontinue further processing until the applicant can provide
an acceptable draft EIS or deem the application abandoned and discontinue
review.
[Amended 7-12-1999 by L.L. No. 3-1999]
C.
If a public hearing is held on the draft EIS, it must
whenever possible be concurrent with any other hearing on the application.
A.
The fees for review or preparation of an EIS involving
approval or funding of an action will be fixed from time to time by
resolution of the Board of Trustees.
B.
Fees so fixed will be consistent with the limitations
set by Section 617.13 of Part 617. When the EIS is prepared by the
applicant, fees will reflect actual expenses of reviewing it. When
the EIS is prepared by an agency on behalf of the applicant, fees
will reflect the cost of preparation, including publication of notices,
but not the cost of environmental review by the agency. However, the
lead agency may not charge a fee for its determination of significance.
[Amended 7-12-1999 by L.L. No. 3-1999]
[Amended 7-12-1999 by L.L. No. 3-1999]
Critical areas of environmental concern will
be designated from time to time by resolution of the Board of Trustees
in accordance with provisions of Section 617.14(g) of Part 617.
[Amended 7-12-1999 by L.L. No. 3-1999]
For purposes of this chapter, Type I actions
include all those given in Section 617.4 of Part 617.
[Amended 7-12-1999 by L.L. No. 3-1999]
For purposes of this chapter, Type II actions
include all those listed in Section 617.5 of Part 617.
This chapter takes effect immediately upon filing
in the office of the Secretary of State in accordance with § 27
of the Municipal Home Rule Law. A copy of this chapter must be filed
with the Commissioner of the Department of Environmental Conservation.
