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.
No decision to carry out or approve an action other than an action listed in §
53-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, now or as hereafter amended, shall be made by the Board of Trustees or 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 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 chapter and Part 617 of Title 6 of
the New York Codes, Rules and Regulations have been fulfilled.
Upon receipt of a complete application and a statement, the
Village Planning Board shall cause a notice thereof to be posted on
the signboard, if any, of the Village maintained by the Village and
may also cause such notice to be published in the official newspaper
of the Village, if any, or in 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 Village Planning Board no later than a date specified in such
notice.
Every application for determination under this chapter shall be subject to the provisions of §
57-3 of the Code of the Village of Centre Island, which requires the payment of costs incurred by the Village in reviewing such application.
If, on the basis of a draft environmental impact statement or
a public hearing thereon, the Planning Board determines that an action
will not have a significant effect on the environment, the proposed
action may be processed without further regard to this chapter.
Except as otherwise provided herein, the Planning 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 the New York Codes, Rules and Regulations, provided that if the action involves an application, the Planning Board may direct that the applicant shall prepare the final environmental impact statement. 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 Planning 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. Where the action involves an application, such final environmental impact statement shall be accompanied by the fee specified in this chapter to defray the expenses of the Village in evaluating the same. The fee shall be determined in accordance with the provisions of §
57-3 of the Code of the Village of Centre Island but shall not exceed 1/2 of 1% of the proposed project's projected total cost.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
53-9 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. 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.
No decision to carry out or approve an action which has been
the subject of a final environmental impact statement by the Planning
Board or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement. Where
the Planning 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.
When the Planning 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 policy, to the maximum extent practicable, from among the
reasonable alternatives thereto, that 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.
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 determination
shall be filed and made available as provided in Part 617 of Title
6 of the New York Codes, Rules and Regulations.
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
by the Planning Board.
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 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 chapter 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 Board of Trustees modifies an action undertaken
or approved prior to that date and the Planning 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 of Title 6 of the New York Codes, Rules and Regulations.