Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 9-19-1977 by L.L. No. 11-1977. Section 136-23A(1), (2), (3) and (4) amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. I.
Planning Commission — See Ch. 42.
Fire prevention and building construction — See Ch. 154.
Flood damage prevention — See Ch. 158.
Littering — See Ch. 204.
Subdivision of land — See Ch. 300.
Zoning — See Ch. 345.
Fees — See Ch. A350.

§ 136-1 Definitions; word usage.

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 (NYCRR).
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Board of Trustees of the village.
COMMISSION
The Planning Commission of the village.
PEAS
The preliminary environment ment statement.
VILLAGE
The Village of Massapequa Park.

§ 136-2 Permitted actions.

No decision to carry out or approve an action, other than an exempt action or an action listed in § 136-3B hereof or Section 617.12 of Title 6 of NYCRR as a Type II action, shall be made 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 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 of NYCRR have been fulfilled.

§ 136-3 Interpretation of state regulations.

[Amended 4-23-1979 by L.L. No. 6-1979]
A. 
The actions listed in Section 617.12 of the regulations known as "Title 6 of NYCRR," as amended by the Department of Environmental Conservation, effective November 1, 1978, as Type I actions are hereby deemed likely to have a significant effect on the environment.
B. 
The actions listed in Section 617.13 of the regulations known as "Title 6 of NYCRR," as amended by the Department of Environmental Conservation, effective November 1, 1978, as Type II actions are hereby deemed not to have a significant effect on the environment.

§ 136-4 Preliminary environmental assessment statement (PEAS).

A. 
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, upon request, file a PEAS with the appropriate department, board, commission, officer or employee (that is, the department, board, commission, officer or employee having jurisdiction over the permit or other approval sought), 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.
B. 
Where the action involves an application, the PEAS, if requested at or before the time the applicant attempts to file its application, shall be filed simultaneously with the application for the action. If the PEAS is requested after the applicant has filed its application, it shall be filed within three days of the request.
C. 
The PEAS provided herein shall be upon a form prescribed by resolution by the Commission and shall contain such additional relevant information as shall be required in the prescribed form. Such PEAS shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Commission.

§ 136-5 Review of application.

A. 
The appropriate department, board, commission, officer or employee shall render a written determination on such application within 15 days following receipt of a complete application; provided, however, that such period may be extended by mutual agreement of the applicant and the appropriate department, board, commission, officer or employee. The determination shall state whether such proposed action has been found to be an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action. The appropriate department, board, commission officer or employee 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.

§ 136-6 Action upon determination of impact.

A. 
If the appropriate department, board, commission, officer or employee determines that the proposed action is an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-6B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action, the proposed action may be processed without farther regard to this chapter.
B. 
If not, the appropriate department, board, commission, officer or employee shall immediately forward to the Commission its file on the proposed action and notify the applicant, if any, to immediately file a PEAS if it has not already done so.

§ 136-7 Notice of proposed action.

The Commission shall require an applicant to submit a fee to defray the expense to it of reviewing the PEAS. Such fees shall be determined as set forth in § 136-23 hereof. Upon the payment of the required fee, the receipt of the file and receipt of the PEAS, if it was requested and/or prepared subsequent to the file being forwarded to the Commission, the Commission shall cause a notice to be posted on a signboard of and maintained by the village and may also cause such notice to be published in the official newspaper of the village, if any, or, if none, 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 appropriate department, board, commission, officer or employee no later than a date specified in such notice.

§ 136-8 Review of application by Commission.

The Commission shall thereafter consider the application within 15 days after the filing of all the required papers and fees, unless such time is extended with the consent of the applicant, and report to the Board whether, in its opinion, the proposed action is an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action and whether or not such action may or will have a significant effect on the environment.

§ 136-9 Review of application by Board.

Within 30 days after the filing of all the required papers and fees, unless such time is extended with the consent of the applicant, the Board shall render a determination on the application.
A. 
If the Board shall determine that the proposed action is an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action, the proposed action may be processed without further regard to this chapter.
B. 
If the Board shall determine that the proposed action is not an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action, but is still such an action as will not have a significant effect on the environment, it shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR and thereafter the proposed action may be processed without further regard to this chapter.
C. 
If the Board shall determine that the proposed action may have a significant effect on the environment, the Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of 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 of NYCRR.

§ 136-10 Action upon determination of significant impact.

A. 
Following a determination that a proposed action may have a significant effect on the environment, the Board shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare either an environmental impact report in the form of a draft environmental impact statement or a draft environmental impact statement and submit it to the Commission for its review. If the applicant is requested to prepare an environmental impact report, the Commission shall, after receipt of such report, prepare a draft environmental statement. Notwithstanding any use of outside resources or work, the Board shall make its own independent judgment of the scope, contents and adequacy of a draft environmental impact statement.
(2) 
In the case of an action not involving an applicant, the Commission shall prepare a draft environmental impact statement.
B. 
If the applicant decides not to submit the requested environmental impact report or draft environmental impact statement, the Board shall give written notice to the applicant that the processing of the application will cease and that no approval will be issued. The Board shall require an applicant to submit a fee to defray the expense to it of reviewing the environmental impact report or the draft environmental impact statement. Such fees shall be determined as set forth in § 136-23 hereof.

§ 136-11 Draft environmental impact statement; notice of completion.

A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the Board, a notice of completion, containing the information specified in Section 617.7(d) of Title 6 of NYCRR, shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of NYCRR. In addition, it shall be published in the official newspaper of the village, if any, or, if none, a newspaper having general circulation within the village, and a copy thereof shall also be posted on a signboard of and maintained by the village. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of NYCRR.
B. 
If the Board 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, not less than 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 he sent and the date before which such comments shall be received. The hearing shall commence no less than 15 calendar days nor more than 30 calendar days after the filing of the draft environmental impact statement, except as otherwise provided where the Board 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.
C. 
When a SEQR hearing is to be held, it shall be incorporated into existing hearing procedures.

§ 136-12 Review of draft environmental impact statement by Commission.

The Commission shall review the draft environmental impact statement and, five days prior to the hearing, report to the Board whether or not, in its opinion, the proposed action may or will have a significant effect on the environment.

§ 136-13 Review of draft environmental impact statement by Board.

If, on the basis of a draft environmental impact statement, a Commission report and a public hearing thereon, if any, the Board determines that an action will not have a significant effect on the environment, the Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR and thereafter the proposed action may be processed without further regard to this chapter.

§ 136-14 Final environmental impact statement.

A. 
Except as otherwise provided herein, the Board shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of NYCRR; provided, further, that if the action involves an application, the Board may direct the applicant to prepare the final environmental impact statement and submit it to the Commission for its review.
B. 
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 Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification.
C. 
Where the action involves an application, such final environmental impact statement shall be accompanied by the fee specified in § 136-23 to defray the expenses of the village in evaluating same.

§ 136-15 Notice of completion; availability of copies.

A. 
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 136-11 herein and shall be sent to all persons to which the notice of completion of the draft environmental impact statement was sent.
B. 
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.

§ 136-16 Review of final environmental impact statement by Commission.

The Commission shall review the final environmental impact statement and, within 15 days after the filing of the final environmental impact statement, report to the Board whether or not, in its opinion, the proposed action may or will have a significant effect on the environment.

§ 136-17 Review of final environmental impact statement by Board; time limit for consideration.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Board 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.

§ 136-18 Findings required upon approval of action with significant impact.

When the Board decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
A. 
That, consistent with social, economic and other essential considerations, 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 revealed in the relevant environmental impact statement process; and
B. 
That all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

§ 136-19 Availability of copies of final determination.

For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of NYCRR.

§ 136-20 Maintenance of files for public inspection.

The Clerk of the village shall maintain files open for public inspection of all notices of completion, environmental impact reports, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the Board.

§ 136-21 Procedures for actions involving more than one agency.

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 of NYCRR shall be followed.

§ 136-22 Exemptions; conditions.

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 NYCRR; provided, however, that if after such dates the appropriate department, board, commission, officer or employee modifies an action undertaken or approved prior to that date and the appropriate department, board, commission, officer or employee determines that the modification is not an action which is an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR, as a Type II action, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR.

§ 136-23 Fees and other charges.

A. 
The fees to be paid by applicants to the village in connection with applications reviewed under this chapter shall be as follows:
(1) 
On all applications, except those involving an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action, which are not applications for the approval of the subdivision of land, the PEAS shall be accompanied by a sum as provided in Chapter A350, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
On applications, except those involving an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in § 136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action, which are applications for the approval of the subdivision of land, the PEAS shall be accompanied by a sum as provided in Chapter A350, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
On all applications, the requested environmental impact report or the draft environmental impact statement shall be accompanied by a sum as provided in Chapter A350, Fees.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
On all applications, the final environmental impact statement shall be accompanied by a sum as provided in Chapter A350, Fees.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the fees set forth in Subsection A hereof, the applicant shall reimburse the village for all of the costs and expenses it incurs in the publication of the notices set forth in this chapter with regard to its application, whether the publication of such notices in mandatory or permissive.
C. 
In no event shall the total amount of the fees provided for in Subsections A and B of this section exceed 1/2 of 1% of the action's total cost to the applicant.