[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 8-15-1983 by L.L. No. 3-1983. Amendments noted where
applicable.]
[Amended 7-22-1991 by L.L. No. 4-1991]
The purpose of this chapter is to implement
for the Incorporated Village of Sands Point SEQR and Part 617:
A.
Where an application for a variance and one or more
permits or approvals, other than a building permit, or more than one
permit or approval, including a building permit and including permits
or approvals required of other municipalities, state and/or federal
agencies, is required with regard to a proposed activity, the classification
of the action as Type I, Type II or unlisted and the determination
as to whether a proposed Type I or unlisted action may have significant
effect on the environment shall be determined upon a cumulative basis
without segmentation and upon consideration of all the activities
proposed and permits and approvals required.
B.
Where an application involves a variance and other
permits or approvals from the Village of Sands Point or any other
governmental agency, including but not limited to state and federal
agencies, or other relief which is within the jurisdiction of the
Board of Appeals, the Board of Appeals shall be deemed to be the lead
agency as to the Village and shall act as such for purposes of SEQR,
except that the Planning Board shall be the lead agency, even where
a variance is required, in cases of a subdivision application.
[Amended 5-27-2014 by L.L. No. 2-2014]
C.
Where a variance is required, the Board of Appeals
shall act as the permitting agency of original jurisdiction for all
permits and approvals for which the Board of Appeals would otherwise
act as the Appeals Board, including but not limited to coastal erosion
hazard area management permits and floodplain management permits.
As used in this chapter, the following terms
shall have the meanings indicated:
A person, corporation, partnership or association submitting
an application to the Board of Planning Board, Zoning Board or other
board or agency established by the Trustees or an appeal to the Zoning
Board.
The Board of Trustees, Planning Board, Zoning Board or any
board or agency established by the Trustees.
The Building Inspector of the Village.
The Village Clerk.
Draft environmental impact statement.
Environmental assessment form.
Final environmental impact statement, Village of Sands Point.
The rules and regulations set forth in 6 NYCRR 617.
The Planning Board of the Village.
The village's rules and regulations as adopted or amended
by the Trustees for the implementation and administration of this
chapter.
Section numbers of Part 617 NYCRR.
The State Environmental Quality Review Act as set forth in
Article 8 of the Environmental Conservation Law.
The Board of Trustees of the Village.
Actions or classes of actions as set forth in Part 617 NYCRR
and the rules and regulations that are likely to require preparation
of EIS's because they will in almost every instance have a significant
effect on the environment.
[Amended 7-22-1991 by L.L. No. 4-1991]
Actions or classes of actions which have been determined
not to have significant effect on the environment and which do not
require EIS's as set forth in Part 617 NYCRR or the rules and regulations.
[Amended 7-22-1991 by L.L. No. 4-1991]
The Incorporated Village of Sands Point.
The Board of Zoning Appeals of the Village.
Unless the context or the above definitions
shall otherwise require, the terms, phrases, words and their derivations
used in this chapter shall have the same meaning as those defined
in Article 8 of the Environmental Conservation Law and Part 617 unless
the context requires a different meaning.
A.
The Trustees shall adopt, and may amend from time
to time, by resolution, rules and regulations for the implementation
and administration of this chapter which shall be consistent herewith,
with SEQR and with Part 617 NYCRR.
B.
The rules and regulations may set forth additional
Type I and Type II actions which shall be consistent with Part 617
NYCRR.
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, Part 617 to the extent applicable and this chapter.
[Amended 7-22-1991 by L.L. No. 4-1991]
No decision to carry out or approve an action,
other than an action listed as a Type II action in the rules and regulations
or in Part 617 NYCRR, shall be made by the Trustees or by any other
board, officer or employee of the Village until there has been full
compliance with all requirements of this chapter and Part 617 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 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 Part 617 NYCRR
have been fulfilled.
Applicants in all cases, unless otherwise specified in the rules and regulations and § 76-4B above, shall file a written statement with the board or officer designated by the rules and regulations, 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. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement required above shall be upon a form prescribed by the rules and regulations 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 other relevant explanatory material required by the rules and regulations.
Upon receipt of a complete application and a
statement, the Clerk shall cause a notice thereof to be posted in
a conspicuous place, designated in the rules and regulations, describing
the nature of the proposed action and stating that the written views
thereon of any person shall be received by the Village no later than
a date specified in such notice.
A.
A written determination on such application shall
be rendered within 15 calendar days following receipt of a complete
application and statement with all required supporting documents;
provided, however, that such period may be extended by mutual agreement.
The determination shall state whether such proposed action may or
will not have a significant effect on the environment. The Board and/or
its staff may hold informal meetings with the applicant and may meet
with and consult with any other person for the purpose of aiding it
in making a determination on the application.
B.
To the extent practicable, other time limitations
provided by statute or local law or the rules and regulations shall
be coordinated with the time limitations provided in this chapter.
Every application for determination under this
chapter shall be accompanied by fees, as determined and set forth
in the rules and regulations, to defray the expenses incurred in rendering
such determination. Such fees shall bear a reasonable relationship
to the direct costs incurred in the processing and review of said
application and to such other costs as may be provided for in the
rules and regulations.
[Amended 7-22-1991 by L.L. No. 4-1991]
If the Board determines that the proposed action
is an exempt action or is a Type II action or that it will not have
a significant effect on the environment, the Board shall prepare,
file and circulate such determination as provided in Part 617 NYCRR
and thereafter the proposed action shall be reviewed and processed
in accordance with the provisions of this chapter and Part 617 NYCRR.
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 NYCRR:
B.
If an applicant decides not to submit a DEIS, the
Board shall notify the applicant that the application will not be
further processed until said environmental impact statement is submitted
and that no approval will be issued.
A.
Upon completion of a DEIS, prepared at the request
of the Board, a notice of completion containing the information specified
in Part 617 NYCRR shall be prepared, filed and circulated as provided
in Part 617 NYCRR. In addition, it shall be published in the official
newspaper(s) of the Village at the applicant's expense and a copy
thereof shall also be posted in a conspicuous place designated in
the rules and regulations. Copies of the DEIS and the notice of completion
shall be filed, sent and made available as provided in Part 617 NYCRR.
[Amended 7-22-1991 by L.L. No. 4-1991]
B.
If the Board determines to hold a public hearing on
a DEIS, 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(s) of the Village at least 10 days prior to
such public hearing. Such notice shall also state the place where
substantive written comments on the DEIS may be sent and the date
before which such comments shall be received. The hearing shall commence
no less than 15 calendar days nor more than 60 calendar days from
the filing of the DEIS, except as otherwise provided where the Board
determines that additional time is necessary for the public or other
agency review of the DEIS or where a different hearing date is required
as appropriate under other applicable law.
If, on the basis of a DEIS or a public hearing
thereon, the Board determines that an action will not have a significant
effect on the environment, the proposed action may be processed without
further regard to SEQR or this chapter.
If, on the basis of a DEIS or a public hearing
thereon, the Board determines that the proposed action will have a
significant effect on the environment, the Board shall require the
preparation of an EIS in accordance with the provisions of Part 617
NYCRR. Such EIS shall be prepared within 45 days after the close of
any hearing or within 60 days after the filing of the DEIS, 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.
A notice of completion of an EIS shall be prepared, filed and sent in the same manner as provided in § 76-11 herein and shall be sent to all persons to whom the notice of completion of the DEIS was sent. Copies of the EIS shall be filed and made available for review in the same manner as the DEIS.
No decision to carry out or approve an action
which has been the subject of an EIS shall be made by the Board until
after the filing and consideration of the EIS. The Board shall make
a decision whether or not to approve the action within 30 calendar
days of the filing of the EIS.
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.
Consistent with social, economic and other essential
considerations of state and local 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; and
B.
All practicable means will be taken in carrying out
or approving the action to minimize or avoid adverse environmental
effects.
For public information purposes, a copy of the
final determination shall be filed and made available as provided
in Part 617 NYCRR.
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.
Where an action is proposed to be undertaken
by a board of the Village, the above procedures shall be followed,
except as otherwise provided by the rules and regulations.
[Amended 7-22-1991 by L.L. No. 4-1991]
Where more than one agency is involved in an
action, the procedures of Part 617 NYCRR shall be followed.
Actions undertaken or approved prior to the
date specified in SEQR for local agencies shall be exempt from this
chapter and the provisions of SEQR and Part 617 NYCRR; provided, however,
that if, after such date, the Board modifies an action undertaken
or approved prior to that date and the Board 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 NYCRR.
