[HISTORY: Adopted by the Board of Trustees
of the Village of North Haven 4-6-1981 by L.L. No. 1-1981. Amendments noted where
applicable.]
The purpose of this chapter is to implement
for the Village of North Haven Article 8 of the Environmental Conservation
Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
All references herein to the laws and codes
of the State of New York are intended to refer to such laws and codes
as the same shall exist when this chapter shall take effect and shall
not incorporate any amendment to such laws and codes hereinafter enacted
unless such amendments shall be specifically adopted by the Village
hereafter.
A.
The terms and words used in this chapter shall have
the same meanings as such terms and words that are defined in Part
617 of Title 6 of the New York Codes, Rules and Regulations, unless
the context requires a different meaning.
B.
EAF
EIS
LEAD AGENCY
SEQR
VILLAGE
The following terms shall have the following meanings:
Environmental assessment form.
Environmental impact statement.
As set forth in § 66-12 of this chapter, the agency, board, body or officer of the Village charged with the responsibility of carrying out, approving or funding an action covered by SEQR and/or this chapter.
The State Environmental Quality Review Act as set forth in
Article 8 of the Environmental Conservation Law and Part 617 of Title
6 of the New York Codes, Rules and Regulations.
The Village of North Haven.
No action, other than an exempt or a Type II
action, shall be carried out, approved or funded by any agency, board,
body or officer of the Village unless it has complied with SEQR to
the extent applicable and with this chapter, except for the following:
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 does 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 SEQR have been
fulfilled.
[Amended 2-1-1994 by L.L. No. 1-1994; 2-5-2002 by L.L. No. 1-2002]
Nothing herein shall be construed as prohibiting
the undertaking of exempt actions listed in Environmental Conservation
Law § 8-105(5) and SEQRA Section 617.5 (c)(33), which include:
A.
The enforcement of criminal proceedings or the exercise
of prosecutorial discretion in determining whether or not to institute
such proceedings.
B.
Ministerial acts which are performed upon a given
state of facts in a prescribed manner imposed by law, without the
exercise of any judgment or discretion as to the propriety of the
action, such as the granting of a license.
C.
Maintenance or repair involving no substantial changes
in an existing structure or facility.
D.
Action which are immediately necessary on a limited
emergency basis for the protection or preservation of life, health,
property or natural resources.
[Amended 2-5-2002 by L.L. No. 1-2002]
Type II actions shall be as set forth in SEQRA
Section 617.5(c).
[Amended 2-11-1982; 11-9-1993 by L.L. No. 5-1993; 2-5-2002 by L.L. No. 1-2002]
Type I actions shall be as set forth in SEQRA
Section 617.4.
All actions which are not classified as exempt,
Type I or Type II actions must be considered as unlisted actions,
which are subject to environmental analysis.
The procedures for environmental analysis are
as follows:
A.
All Type I and unlisted actions must be analyzed, based upon an EAF, in order to ascertain whether they will have a significant effect on the environment. If so, such actions will require the preparation of an environmental impact statement (EIS). The EIS procedure is outlined in § 66-11 of this chapter. In the case of an unlisted action, a short-form of EAF may first be used to ascertain whether or not there is a possible adverse environmental effect, and, if so, a standard EAF must be prepared to further analyze the action.
B.
The EAF shall be prepared by or on behalf of any agency,
board, body or officer of the Village in connection with any Type
I or unlisted action such agency, board, body or officer contemplates
or proposes to carry out directly.
C.
To assist in the determination of whether a Type I or unlisted action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file an EAF with the board or officer designated as the lead agency according to § 66-12 of this chapter. The EAF shall be in the form approved by the Board of Trustees, stating the name of the applicant, the location of the property affected, if any, and a description of the nature of the proposed action and the effect it may have on the environment. The EAF shall be accompanied by required drawings, sketches, maps and other relevant information and may include the applicant's reason why the proposed action may or will not have a significant effect on the environment. Where the action involves the filing of an application form, the EAF shall be filed simultaneously with the application. In lieu of an EAF, the applicant may file a draft EIS.
A.
The lead agency shall make a preliminary determination
of the environmental significance of a Type I or unlisted action on
the basis of the EAF or draft EIS, as the case may be, and such other
information as the agency requires. Such determination shall 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.
For Type I actions or unlisted actions, a determination of nonsignificance
shall be noticed and filed as provided in Section 617.12. After a
determination of nonsignificance, the action, including one involving
a permit or funding, shall be processed without further required SEQRA
or this chapter. The above-stated time limitations shall be subject
to other time limitations provided by local law, ordinance or regulation
of the Village.
[Amended 2-1-1994 by L.L. No. 1-1994; 2-5-2002 by L.L. No. 1-2002]
B.
The running time of filing an application for approval
or funding of an action shall commence on the date the preliminary
determination of environmental nonsignificance is rendered or, if,
in lieu of an EAF, the applicant prepares a draft EIS, then from the
date the applicant's draft EIS is declared acceptable by the lead
agency.
[Amended 2-5-2002 by L.L. No. 1-2002]
If the lead agency determines that the action
may have a significant environmental effect and an EIS is required,
it shall proceed as provided in SEQRA. Commencing with the declared
acceptance of the draft EIS by the lead agency, the time limitation
for processing the EIS shall run concurrently with the time limitation
applicable to processing the application for approval or funding of
the action, and a public hearing, if any, on the draft EIS may be
held concurrently with any hearing to be held on such application.
The draft EIS shall be prepared by the applicant. Failure by the applicant
to prepare an EIS acceptable to the lead agency shall, at the option
of the lead agency, be deemed an abandonment and discontinuance of
the application.
A.
The lead agency shall be determined and designated
as provided in Section 617.6.
[Amended 11-9-1993 by L.L. No. 5-1993; 2-1-1994 by L.L. No. 1-1994]
B.
The Board of Trustees shall act as the Village clearinghouse
for lead agency designation. Such clearinghouse shall assist agencies
and applicants to identify other agencies, including federal and state,
that may be involved in approving, funding or carrying out Type I
and unlisted actions. The clearinghouse shall also make recommendations
on the designation of a lead agency.
A.
Every application requiring the determination of the
environmental significance of a Type I or unlisted action under SEQR
or this chapter shall be accompanied by a fee of $100 or such other
fee as fixed by resolution of the Board of Trustees, as amended. Any
cost for consultation fees or other expenses in connection with the
review of the application shall be charged to the applicant as provided
under 6 NYCRR 617.13 and otherwise in this Code. In addition, the
applicant shall pay a fee equal to the costs incurred by the Village
for the preparation and reviewing of environmental impact statements.
The total fees imposed under this section shall not exceed 2% of the
total project value.
[Amended 8-4-1986 by L.L. No. 7-1986; 5-1-2007 by L.L. No. 6-2007; 8-5-2008 by L.L. No. 3-2008]
B.
The Board of Trustees is authorized to change such
fees from time to time by resolution.
[Amended 11-9-1993 by L.L. No. 5-1993]
Critical areas of environmental concern may
be designated by resolution of the Board of Trustees.
