[HISTORY: Adopted by the Board of Trustees
of the Village of Central Square 3-7-1983 by L.L. No. 1-1983 as Ch.
29 of the 1983 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Environmental Quality Review Law of the Village of Central
Square."
The purpose of this chapter is to implement
for the Village of Central Square SEQR and Part 617.
A.
Generally. The terms and words used in this chapter
shall have the same meaning as such terms and words are defined in
Article 8 of the Environmental Conservation Law and Part 617, unless
the context requires a different meaning.
B.
EAF
EIS
PART 617
SEQR
VILLAGE
Specific terms. The following terms shall have the
following meanings:
Environmental assessment form.
Environmental impact statement.
The rules and regulations set forth in 6 NYCRR 617.
The State Environmental Quality Review Act as set forth in
Article 8 of the Environmental Conservation Law.
The Village of Central Square.
No action, other than an exempt, excluded or
Type II action, shall be carried out, approved or funded by any agency,
board, body or officer of the Village of Central Square unless it
has complied with SEQR, Part 617 to the extent applicable, and this
chapter.
A.
Preparation of EAF. An EAF shall be prepared by or
on behalf of any agency, board, body or officer of the Village of
Central Square in connection with any Type I action such agency, board,
body or officer contemplates or proposes to carry out directly. For
an unlisted action an EAF in a short or long form may be prepared
to facilitate a preliminary determination of environmental significance.
B.
Preliminary determination; time limit. An application
for permit or funding of a Type I action shall be accompanied by an
EAF, and for an unlisted action may be accompanied by a short or long
EAF as may be needed to assist the lead agency in making a preliminary
determination of environmental significance. An applicant may prepare
a draft EIS to accompany the application in place of the EAF. In lieu
of an EAF the Board of Trustees or a lead agency having authority
to adopt its own regulations may adopt a different procedure for reviewing
environmental significance of unlisted actions.
(1)
The lead agency shall make a preliminary determination
of environmental significance of the action on the basis of the EAF,
draft EIS or, with respect to unlisted actions, in accordance with
its own procedures, as the case may be, and such other information
it requires. Such determination shall be made within 15 days of its
designation as lead agency or within 15 days of its receipt of all
information it requires, whichever is later.
(2)
For Type I actions a determination of nonsignificance
shall be noticed and filed as provided in Part 617.10(b). For unlisted
actions a determination of nonsignificance shall be sent to the applicant
and maintained in accordance with Part 617.7(e) and 617.10(f). After
a determination of nonsignificance, the action, including one involving
a permit or funding, shall be processed without further regard to
SEQR, Part 617 or this chapter.
C.
Computation of time limit. The time of filing an application
for approval or funding of an action shall commence to run from the
date the preliminary determination of environmental nonsignificance
is rendered or, if in lieu of an EAF the applicant prepares a draft
EIS, from the date the applicant files a draft EIS acceptable to the
lead agency.
If the lead agency determines that an EIS is
required, it shall proceed as provided in Part 617.8, 617.9 and 617.10.
Commencing with the acceptance of the draft EIS, the time limitation
for processing the application for approval or funding of the action,
and a public hearing on the draft EIS, if any, shall 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 Part 617.6 and 617.7, except that in the following
Type I and unlisted actions the lead agency shall be as provided herein:
(1)
Adoption, amendment or change in zoning regulations
not requiring a federal or state agency permit or approval: the Board
of Trustees.
(2)
Construction or expansion of Village buildings, structures
and facilities within the Village not requiring a federal or state
agency permit or approval: the Board of Trustees.
(3)
Variances not requiring a federal or state agency
permit or approval: Zoning Board of Appeals.
(4)
Purchase, sale and lease of real property by the Village
of Central Square not requiring a federal or state agency permit or
approval: the Board of Trustees.
(5)
Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: Planning Board.
[Amended 1-8-2007 by L.L. No. 2-2007]
(6)
Site plan review and special use permit not requiring
a federal or state agency permit or approval: Planning Board.
[Amended 1-8-2007 by L.L. No. 2-2007]
(7)
Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: Planning
Board.
[Amended 1-8-2007 by L.L. No. 2-2007]
(8)
Parking lot not requiring a federal or state agency
permit or approval: Planning Board.
[Amended 1-8-2007 by L.L. No. 2-2007]
B.
The list of lead agencies in this section is not intended
to indicate a complete or ironclad predetermination of lead agencies
within the municipality but rather to serve as an example. Lead agencies
will emerge through normal processing of actions, by agreement and
by designation of the Environmental Conservation Commissioners. Thus,
the list could change.
The Building Inspector 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.
Environmental review of actions involving a
federal agency shall be processed in accordance with Part 617.16.
The fees for review or preparation of an EIS
involving an applicant for approval or funding of an action shall
be fixed from time to time by a resolution of the Board of Trustees.
If the applicant prepares the EIS, the Village may charge a fee for
actual expenses of reviewing it, but if a Village agency prepares
an EIS on behalf of an applicant, it may charge a fee for the cost
of preparing, including publication of notices, but not for the cost
of professional review.
Critical areas of environmental concern may
be designated by resolution of the Board of Trustees in accordance
with Part 617.4(j).
The following are deemed Type I actions in addition
to those set forth in Part 617.12: None.
The following are deemed Type II actions in
addition to those set forth in Part 617.13:
A.
Reconstruction or repair of existing highways, including
drainage, not involving the addition of new travel lanes.
B.
Installation or repair of utility facilities within
a highway right-of-way.
C.
Reconstruction or replacement of bridges on the same
location.
D.
Construction of individual driveway entrances.