[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 3-28-1977 by L.L. No. 1-1977 (Ch. 60 of the 1987
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch.
65.
Freshwater wetlands — See Ch.
219.
A. Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter 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. "County," "town" and "Village" shall mean the County of Onondaga,
Town of Salina, Village of Liverpool.
No decision to carry out or approve an action, other than an action listed in §
184-4 hereof or § 617.12 of Title 6 of NYCRR as a Type II action, 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 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.
Consistent with Part 617 of Title 6 of NYCRR and the criteria
therein, the following actions, in addition to those listed in § 617.12
of Title 6 of NYCRR and Type I actions, are likely to have a significant
effect on the environment: none.
Consistent with Part 617 of Title 6 of NYCRR and the criteria
therein, the following actions, in addition to those listed in § 617.12
of Title 6 of NYCRR as Type II actions, are deemed not to have a significant
effect on the environment: none.
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 file a written statement
with the Planning 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, 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 provided herein shall be upon a form prescribed
by resolution by the Planning 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 Planning Board.
Upon receipt of a complete application and a statement, the
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 Planning Board
no later than a date specified in such notice.
A. The Planning Board shall render a written determination on such application
within 15 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 Planning Board. The determination shall state
whether such proposed action may or will not have a significant effect
on the environment. The Planning 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 chapter shall be coordinated
with, to the extent practicable, other time limitations provided by
statute or local law, ordinance or regulation of the county and town.
[Amended 5-26-1987 by L.L. No. 2-1987]
Every application for determination under this chapter shall
be accompanied by a reasonable fee in an amount set by resolution
of the Board of Trustees to defray the expenses incurred in rendering
such determination.
If the Planning Board determines that the proposed action is not an exempt action, not an action listed in §
184-4 hereof or in § 617.12 of Title 6 of NYCRR as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in § 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Planning Board determines that the proposed action may have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in § 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.
A. Following a determination that a proposed action may have a significant
effect on the environment, the Planning 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 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, shall prepare
a draft environmental impact statement.
B. If the applicant decides not to submit an environmental impact report,
the Planning 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. The Planning Board may require an applicant to submit
a fee to defray the expense to it of preparing a draft environmental
impact statement or reviewing same if it is prepared by the applicant.
Such fees shall be determined as follows: 1/2 of 1% of the action's
total cost of preparing and reviewing the environmental impact statements.
Upon completion of a draft environmental impact statement prepared
by or at the request of the Village, a notice of completion containing
the information specified in § 617.7(d) of Title 6 of NYCRR
shall be prepared, filed and circulated as provided in § 617.7(e)
and (f) of Title 6 of NYCRR. In addition, it may be published in the
official newspaper, if any, of the Village or, if none, a newspaper
having general circulation within the Village, and a copy thereof
shall also be posted on a signboard of the Village. Copies of the
draft environmental impact statement and the notice of completion
shall be filed, sent and made available as provided in § 617.7(e)
and (f) of Title 6 of NYCRR.
If the Planning 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 at least 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 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 of the
filing of the draft environmental impact statement, except as otherwise
provided where the Planning 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.
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 §§ 617.4 and 617.8 of Part 617 of Title 6 of NYCRR
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 NYCRR;
provided, however, that if, after such dates, a Planning Board or
Board of Trustees modifies an action undertaken or approved prior
to that date and the Planning Board or Board of Trustees 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 NYCRR.