[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven
4-13-1977 by L.L. No. 2-1977. 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 the New York Codes, Rules and Regulations.
B.
"Village" shall mean the Incorporated Village of Manorhaven.
No decision to carry out or approve an action, other than an action listed in § 60-3B hereof or § 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type II action, 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 § 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 § 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.
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 Planning
Board or Building Department, 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, the 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 Planning
Board or Building Department 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 relevant explanatory
material required by the Planning Board or Building Department.
Upon receipt of a complete application and a statement, the Planning
Board or Building Department 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 Planning Board or Building Department
no later than a date specified in such notice.
A.
The Planning Board or Building Department 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
or Building Department. The determination shall state whether such proposed
action may or will not have a significant effect on the environment. The Planning
Board or Building Department 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 fee shall be as determined by the Board
of Trustees.
If the Planning Board or Building Department determines that the proposed action is not an exempt action, not an action listed in § 60-3B hereof or § 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Planning Board or Building Department shall prepare, file and circulate such determination as provided in § 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the Planning Board or Building Department determines that the proposed action may have a significant effect on the environment, the Planning Board or Building Department shall prepare, file and circulate such determination as provided in § 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.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Planning Board or Building
Department shall, in accordance with the provisions of Part 617 of Title 6
of the New York Codes, Rules and Regulations:
(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; or
(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 Planning Board or Building Department 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 or Building Department
may require an applicant to submit a fee to defray the expense to it of preparing
a draft environmental impact statement or reviewing the same if it is prepared
by the applicant. Such fee shall be determined by the Board of Trustees.
A.
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 the New York
Codes, Rules and Regulations shall be prepared, filed and circulated as provided
in § 617.7(e) and (f) of Title 6 of the New York Codes, Rules and
Regulations. In addition, it shall be published in the official newspaper,
if any, of the village, or if none, a newspaper having general circulation
within the village, 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 the New York Codes, Rules and Regulations.
B.
If the Planning Board or Building Department 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.
The hearing shall commence not less 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 or Building Department
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 or Building Department 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 or Building
Department 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 further that if the action
involves an application, the Planning Board or Building Department may 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 Planning
Board or Building Department 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 section to defray the expenses of the village
in preparing and/or evaluating the same. The fee shall be determined by the
Board of Trustees.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 60-10 herein. 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 Building
Department or by any other agency shall be made until after the filing and
consideration of the final environmental impact statement. Where the Planning
Board or Building Department 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.
A.
When the Planning Board or Building Department decides
to carry out or approve an action which may have a significant effect on the
environment, it shall make the following finding in a written determination:
(1)
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.
(2)
All practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse environmental effects.
B.
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
or Building Department.
Where more than one agency is involved in an action, the procedures
of §§ 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, a Planning Board or Building
Department modifies an action undertaken or approved prior to that date and
the Planning Board or Building Department 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.