Village of Athens, NY
Greene County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Athens as indicated in article histories. Amendments noted where applicable.
GENERAL REFERENCES
Flood damage prevention — See Ch. 158.
Subdivision of land — See Ch. 205.
Waterfront consistency review — See Ch. 233.
Zoning — See Ch. 250.
[Adopted 8-31-1976 by L.L. No. 14-1976 (Ch. 33, Art. I, of the 1976 Code)]

§ 140-1 Intent to exercise regulatory authority. [1]

Pursuant to § 24-0501 of the New York State Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law), the Village of Athens shall fully undertake and exercise its regulatory authority with regard to activities subject to regulation under the Act in freshwater wetlands, as shown on the Freshwater Wetlands Map, as such map may from time to time be amended, filed by the Department of Environmental Conservation pursuant to the Act, and in all areas adjacent to any such freshwater wetland up to 100 feet from the boundary of such wetland. Such regulatory authority shall be undertaken and exercised in accordance with all of the procedures, concepts and definitions set forth in Article 24 of the New York Environmental Conservation Law and Title 23 of Article 71 of such law relating to the enforcement of Article 24, as such law may from time to time be amended.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-2 Filing of map.

This article shall take effect after filing with the Secretary of State upon the filing with the Clerk of the Village of Athens of the final Freshwater Wetlands Map by the New York State Department of Environmental Conservation pursuant to § 24-0301 of the Freshwater Wetlands Act applicable to any or all lands within the Village of Athens.
[Adopted 3-29-1977 by L.L. No. 2-1977 (Ch. 33, Art. II, of the 1976 Code)]

§ 140-3 Definitions.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this article shall have the same meanings 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. 
"Village" shall mean the Village of Athens.

§ 140-4 Compliance required; exceptions. [1]

No decision to carry out or approve an action other than an action listed in § 140-5B hereof or § 617.5 of Title 6 of the New York Codes, Rules and Regulations as a Type II action shall be made by the authorized board or any department, board, commission, officer or employee of the Village of Athens until there has been full compliance with all requirements of this article and Part 617 of Title 6 of the New York Codes, Rules and Regulations; 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.
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 article and Part 617 of Title 6 of the New York Codes, Rules and Regulations have been fulfilled.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-5 Type I and Type II actions. [1]

A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in § 617.4 of Title 6 of the New York Codes, Rules and Regulations as Type I actions, are likely to have a significant effect on the environment:
(Reserved)
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in § 617.5 of Title 6 of the New York Codes, Rules and Regulations as Type II actions, are deemed not to have a significant effect on the environment:
(Reserved)
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-6 Filing of statement by applicant. [1]

For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, an applicant for a permit or other approval shall file a written statement with the authorized board 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, an applicant may include a detailed statement of the reasons why, in his 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 provided herein shall be upon a form prescribed by resolution by the authorized board 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 authorized board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-7 Time limitation for Board action. [1]

A. 
The authorized board shall render a written determination on such application within 20 days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the authorized board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The authorized board 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 article shall be coordinated with, to the extent practicable, other time limitations provided by statute, local law, or regulation of the Village.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-8 Fees; escrow.

[Amended 5-17-1977 by L.L. No. 3-1977[1]]
A. 
Every application for determination under this article shall be accompanied by a reasonable fee to defray the expenses incurred in rendering such determination. The fee shall be as set from time to time by the Board of Trustees in accordance with § 250-34 of the Code of the Village of Athens.
B. 
The applicant shall be required to establish an escrow account to reimburse the Village of Athens for the legitimate costs of review associated with the application. The funds may be utilized for the paying of professionals qualified to review the required plans, reports and other technical information submitted in support of an application. The initial amount of the establishment of the escrow account shall be determined on a case-by-case basis as 1% of the estimated overall cost of the project but in no case shall be less than $3,000 or a larger amount estimated by the Planning Board to be reasonable and necessary to cover the cost of the review to be incurred by the Village. All necessary reviewing professionals assisting the Village in such reviews shall provide an estimate of the approximate cost of review services. The Village shall submit an itemized bill to the applicant at least five days prior to any deduction of such amount billed from the escrow account. The Village may periodically and in its discretion require the replenishment of the escrow account established hereunder. Upon completion of the application and review process, any balance remaining in the escrow account shall be refunded to the applicant within 30 days of the submission and payment of the final bill by the Village and payment in full of all application and approval fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-9 Processing of action after Board determination. [1]

A. 
If the authorized board determines that the proposed action is not an exempt action and not an action listed in § 140-5B hereof or § 617.5 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the authorized board shall prepare, file and circulate such determination as provided in § 617.8 of Title 6 of the New York Codes, Rules and Regulations and thereafter the proposed action may be processed without further regard to this article.
B. 
If the authorized board determines that the proposed action may have a significant effect on the environment, the authorized board shall prepare, file and circulate such determination as provided in § 617.8 of Title 6 of the New York Codes, Rules and Regulations and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this article and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-10 Environmental impact statements. [1]

A. 
Following a determination that a proposed action may have a significant effect on the environment, the authorized board shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
(2) 
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
B. 
If the applicant decides not to submit an environmental impact report; the authorized board shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing of the application will cease and that no approval will be issued.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-11 Procedure when more than one agency involved. [1]

Where more than one agency is involved in an action, the procedures of §§ 617.14 and 617.9 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 140-12 Prior actions exempt for modifications. [1]

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 article and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that if, after such dates, the authorized board modifies an action undertaken or approved prior to that date and the authorized board determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this article and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).