[HISTORY: Adopted by the Board of Trustees of the Village
of Centre Island 3-28-1977 by L.L. No. 1-1977. Amendments noted where
applicable.]
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 the New York Codes. Rules
and Regulations.[1]
No decision to carry out or approve an action other than an action listed in § 53-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, now or as hereafter amended, shall be made by the Board of Trustees 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 the New York Codes, Rules and Regulations; 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
the New York Codes, Rules and Regulations have been fulfilled.
A.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the following actions, in
addition to those listed in Section 617.12 of Title 6 of the New York
Codes, Rules and Regulations as Type I actions, are likely to have
a significant effect on the environment: none.
B.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the following actions, in
addition to those listed in Section 617.12 of Title 6 of the New York
Codes, Rules and Regulations as Type II actions, are deemed not to
have a significant effect on the environment: none.
A.
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 Planning Board of the Village, 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.
B.
The statement provided herein shall be upon a form prescribed by
resolution by the Village Planning Board 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 explanatory material required
by the Village Planning Board.
Upon receipt of a complete application and a statement, the
Village Planning Board shall cause a 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, describing the nature of the proposed action and
stating that written views thereon of any person shall be received
by the Village Planning Board no later than a date specified in such
notice.
A.
The Village Planning Board 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 Planning Board. The determination
shall state whether such proposed action may or will not have a significant
effect on the environment. The Planning Board 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.
Every application for determination under this chapter shall be subject to the provisions of § 57-3 of the Code of the Village of Centre Island, which requires the payment of costs incurred by the Village in reviewing such application.
A.
If the Planning Board determines that the proposed action is not an exempt action or an action listed in § 53-3B hereof and that it will not have a significant effect on the environment, the Planning Board shall prepare such determination, and such determination shall be filed with and circulated to the Commissioner of the Department of Environmental Conservation, the regional office of the Department of Environmental Conservation and the office of the Village Clerk, and thereafter the proposed action may be processed without further regard to this chapter.
B.
Determination of significant effect.
(1)
If the Planning Board determines that the proposed action may have
a significant effect on the environment, the Planning Board shall
prepare, file and circulate such determination as provided in Section
617.7(b) of Title 6 of the New York Codes, Rules and Regulations,
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 the New York Codes, Rules and Regulations.
(2)
Following a determination that a proposed action may have a significant
effect on the environment, the Planning Board shall, in accordance
with the provisions of Part 617 of Title 6 of the New York Codes,
Rules and Regulations:
(a)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and request the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement.
(b)
In the case of an action not involving an applicant, prepare
a draft environmental impact statement.
(3)
If the applicant decides not to submit an environmental impact report, the Planning Board shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing of the application will cease and that no approval will be issued. The Planning Board may require an applicant to submit a fee to defray the expense to it of preparing and/or of reviewing the draft environmental impact statement if it is prepared by the applicant. Such fees shall be determined in accordance with the provision of § 57-3 of the Code of the Village of Centre Island but shall not exceed 1/2 of 1% of the proposed project's projected total cost.
A.
Upon completion of a draft environmental impact statement prepared
by or at the request of the Village, a notice of completion shall
be issued, containing the following information:
(1)
A brief description of the action covered by the statement and the
location of its potential impacts and effects.
(2)
A statement indicating where and how copies of the statement can
be obtained from the Village.
(3)
A statement that comments on the statement are requested and will
be received and considered by the Village at Village Hall, Centre
Island Road. Centre Island, New York, for a period not less than 30
calendar days from the first filing and circulation of the notice
of completion pursuant to this section or not less than 10 calendar
days following a public hearing at which the environmental impacts
of the proposed action are considered.
B.
The notice of completion shall be sent to all other agencies involved
in the action, persons who have requested it, the editor of the State
Bulletin, the state clearinghouse and the relevant regional clearinghouse
designated under the Federal Office of Management and Budget Circular
A-95. The Village shall maintain a file open to public inspection
of notices of completion and draft environmental impact statements
that it has requested an applicant to prepare or has prepared.
A.
If the Planning Board 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, if any, or
if none in a newspaper having general circulation within 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.
B.
The hearing shall commence no fewer than 15 calendar days nor more
than 60 calendar days after the filing of the draft environmental
impact statement, except as otherwise provided where the Planning
Board 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 Planning Board 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 Planning Board shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations, provided that if the action involves an application, the Planning Board may direct that the applicant shall 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 Planning Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Where the action involves an application, such final environmental impact statement shall be accompanied by the fee specified in this chapter to defray the expenses of the Village in evaluating the same. The fee shall be determined in accordance with the provisions of § 57-3 of the Code of the Village of Centre Island but shall not exceed 1/2 of 1% of the proposed project's projected total cost.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 53-9 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 Planning
Board or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement. Where
the Planning Board 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 Planning Board decides to carry out or approve an action
which may have a significant effect on the environment, it 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, that 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 the New York Codes, Rules and Regulations.
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 Planning Board.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York
Codes, Rules and Regulations 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 the
New York Codes, Rules and Regulations; provided, however, that if
after such dates the Board of Trustees modifies an action undertaken
or approved prior to that date and the Planning Board 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 the New York Codes, Rules and Regulations.
