[HISTORY: Adopted by the Board of Trustees
of the Village of Athens as indicated in article histories. Amendments
noted where applicable.
[Adopted 8-31-1976 by L.L. No. 14-1976 (Ch. 33, Art. I, of the 1976 Code)]
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.
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)]
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.
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.
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:
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(Reserved)
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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:
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(Reserved)
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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.
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.
[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.
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.
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.
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.
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.
