[HISTORY: Adopted by the Board of Trustees of the Village
of Ravena 8-16-1977 as L.L. No. 2-1977. Section 62-6A amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 102.
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 NYCRR.
No decision to carry out or approve an action other than an action listed in § 62-3B hereof or Section 617.12 of 6 NYCRR as a Type II action shall be made by the Board of Trustees or 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 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;
or
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 NYCRR
have been fulfilled.
A.
Consistent with Part 617 of Title 6 NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.12
of Title 6 NYCRR as Type I actions, are likely to have a significant
effect on the environment:
(1)
Public institutions such as hospitals, schools and institutions of
higher learning and correction facilities, major office centers.
(2)
Parking facilities or other facilities with an associated parking
area for 250 or more cars only if such facility would require an indirect
source permit under 6 NYCRR, Part 203.
(3)
Stationary combustion installations operating at a total heating
input exceeding one thousand million (1,000,000,000) Btu's per
hour.
(4)
Cement plants.
(5)
Storage facilities designed for or capable of storing 1,000,000 or
more gallons of liquid natural gas, liquid petroleum gas or other
liquid fuels.
(6)
Brickyards.
(7)
Acquisition or sale by a public agency of more than 250 contiguous
acres of land.
B.
Consistent with Part 617 of Title 6 NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.12
of Title 6 NYCRR as Type II actions, are deemed not to have a significant
effect on the environment:
(1)
Construction or alteration of a single- or two-family residence and
accessory appurtenant uses or structures not in conjunction with the
construction or alteration of two or more such residences and not
in one of the critical areas described in this section for Type 1
actions.
(2)
The extension of utility facilities to serve new or altered single-
or two-family residential structures or to render service in approved
subdivisions.
(3)
Actions involving individual setback and lot line variances and the
like.
(4)
Agricultural farm management practices, including construction, maintenance
and repair of farm buildings and structures and land use changes consistent
with generally accepted principles of farming.
(5)
Operation, repair, maintenance or minor alteration of existing structures,
land uses and equipment.
(6)
Restoration or reconstruction of a structure in whole or in part
being increased or expanded by less than 50% of its existing size,
square footage or usage.
(7)
Repaving of existing highways not involving the addition of new travel
lanes.
(8)
Street openings for the purpose of repair or maintenance of existing
utility facilities.
(9)
Installation of traffic control devices on existing streets, roads
and highways other than multiple fixtures on long stretches.
(10)
Mapping of existing roads, streets, highways, uses, ownership patterns
and the like.
(11)
Sales of surplus government property other than land, radioactive
material, pesticides, herbicides or other hazardous materials.
(12)
Actions which are immediately necessary for the protection or preservation
of life, health, property or natural resources.
(13)
Routine administration and management of agency functions not including
new programs or major reordering of priorities.
(14)
Routine license and permit renewals where there is no significant
change in preexisting conditions.
(15)
Routine activities of educational institutions which do not include
capital construction.
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 Board of Trustees 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 resolution of the Board of Trustees 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 Board of Trustees.
A.
The Board of Trustees 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 Board. The determination
shall state whether such proposed action may or will not have a significant
effect on the environment. The Board of Trustees 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 accompanied by a reasonable fee set forth in this section to defray
the expenses incurred in rendering such determination. The fees shall
be as follows:
A.
An initial application fee, in an amount set by resolution of the
Board of Trustees from time to time, shall accompany the application.
This fee is to be used by the village in establishing the magnitude
of work to be undertaken by the village, its employees and agents
in reviewing the project.[1]
B.
An estimated fee which will be based upon the amount of review work
anticipated to be undertaken by the village. Normally this fee will
be estimated by the Village Clerk, working with the Village Attorney,
Village Consulting Engineer, Consulting Environmentalists or other
specialists, depending upon the nature of the application.
C.
Any overrun which may occur because of inordinate circumstances of
environmental concerns not apparent or anticipated at the time of
establishing Part 2 of the fee structure.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in § 62-3B hereof or Section 617.12 of Title 6 NYCRR as a Type II action and that it will not have a significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Board of Trustees determines that the proposed action may have a significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 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 NYCRR.
A.
Following a determination that a proposed action may have a significant
effect on the environment, the Board of Trustees shall, in accordance
with the provisions of Part 617 of Title 6 NYCRR:
(1)
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.
(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 Board of Trustees 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.
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 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 NYCRR;
provided, however, that if, after such dates, the Board of Trustees
modifies an action undertaken or approved prior to that date and the
Board of Trustees 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 NYCRR.
