[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius 4-24-1979 as L.L. No. 2-1979. Amendments noted where
applicable.]
The purpose of this chapter is to implement
for the Village of Manlius SEQR and Part 617.
A.
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
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EAF — environmental assessment form.
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EIS — environmental impact statement.
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Part 617 — the rules and regulations set
forth in 6 NYCRR 617.
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SEQR — the State Environmental Quality
Review Act, as set forth in Article 8 of the Environmental Conservation
Law.
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B.
Word usage. 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.
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, unless it has complied with
SEQR and Part 617 and this chapter.
A.
An EAF shall be prepared by or on behalf of any agency,
board, body or officer of the Village in connection with any Type
I action that 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. The Village Board shall prescribe the
forms for the short and long form EAF.
B.
An application for a permit or funding of a Type I
action shall be accompanied by a long form EAF and for an unlisted
action may be accompanied by a short or long form 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 Village Board, or a lead agency having authority to adopt its
own regulations, may adopt different procedures for reviewing environmental
significance of unlisted actions. 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. 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 617.7(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.
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.
D.
All applications to the lead agency shall include
an environmental clearance statement on a form to be prescribed by
the Village Board.
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 EIS shall run concurrently with the time limitations
applicable to 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 furnished 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.
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:
A.
Adoption, amendment or change in zoning regulations
not requiring a federal or state agency permit or approval: Village
Board.
B.
Construction or expansion of Village buildings, structures
and facilities within the Village not requiring a federal or state
agency permit or approval: Village Board.
C.
Variance or Zoning Ordinance interpretation not requiring
a federal or state agency permit or approval: Village Board of Zoning
Appeals.
D.
Purchase, sale and lease of real property by the Village
not requiring a federal or state agency permit or approval: Village
Board.
E.
Special use permits not requiring a federal or state
agency permit or approval: Village Board.
F.
Site development plan review and subdivision review
not requiring a federal or state agency permit or approval: Village
Planning Board.
G.
Construction or expansion of a nonresidential facility
not requiring a federal or state agency permit or approval: Village
Building Inspector.
The Village Clerk or her designee is hereby
designated as the Village Environmental Review Officer, whose responsibilities
shall include attending to each notice requirement as specified in
Part 617 and this chapter, maintaining Village SEQR forms and files
and, upon request from agencies and applicants, generally assisting
in various SEQR matters, such as helping to identify other agencies
that may be involved in approving, funding or carrying out Type I
and unlisted actions, making recommendations on the designation of
a lead agency and otherwise coordinating Village SEQR compliance.
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 resolution of the Village Board. Part
617.17 prescribes limitations on the amount of fees. 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 Village Board in accordance with
Part 617.4(j).
The lead agency may refer any application to
the Village Environmental Council for its recommendations in advance
of making any SEQR determination. Such referral shall extend any time
limit set forth in Part 617 for an additional 20 days.
