Village of Washingtonville, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Washingtonville 2-5-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
GENERAL REFERENCES

Building construction and fire prevention — See Ch. 56.

Flood damage prevention — See Ch. 93.

Subdivision of land — See Ch. 150.

Zoning — See Ch. 175.

§ 83-1
Legislative findings. 

§ 83-2
Receipt of documents. 

§ 83-3
Lead agency and determination of significance. 

§ 83-4
Scoping. 

§ 83-5
Environmental impact statement procedures. 

§ 83-6
Decisionmaking and findings statement procedures. 

§ 83-7
Time period regulations. 

§ 83-8
Costs and expenses; escrow. 

§ 83-9
Supersession of statutory provisions. 

§ 83-1 Legislative findings.

A. 

The Board of Trustees of the Village of Washingtonville finds that the time periods for procedures prescribed in the SEQR regulations promulgated to implement the State Environmental Quality Review Act

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
and codified as 6 NYCRR 617 (hereinafter referred to as "SEQR") do not fully integrate or correspond to the procedures followed by village boards and agencies. In order to more fully integrate and harmonize those time periods and procedures with the conduct of public procedures in the village, the Board of Trustees, pursuant to the authority granted in 6 NYCRR § 617.4(b), adopts this chapter to vary the time periods established by SEQR. The Board of Trustees finds that the time period changes set forth herein will not impose unreasonable delay in review and approval of applications and actions. The Board of Trustees intends that the time periods adopted herein shall supersede the periods for holding hearings or taking action with respect to applications as set forth in the Village Law § 7-728 to the extent necessary to assure and achieve full compliance with SEQR.

B. 

The Board of Trustees finds further that board and agency review of applications and actions is facilitated and expedited by requiring applicants to deposit in escrow sufficient funds to cover anticipated costs of review. Said deposits will help assure that the village's consultants perform services in a timely manner. Said deposits are intended to ensure that the funds necessary to pay for adequate village review are available when needed.

§ 83-2 Receipt of documents.

All documents submitted shall be deemed received for the purpose of commencing SEQR time periods at the next regular meeting following submission of the document. Initial applications must contain a complete application, application fee and environmental assessment form in order to be received by the village board or agency. For the purpose of determining time periods pursuant to this chapter, workshop sessions or meetings shall not be a meeting at which a document is considered formally received.

§ 83-3 Lead agency and determination of significance.

A. 

The time periods with respect to establishment of lead agency and determination of significance shall be as follows:

(1) 

Section 617.6(a)(1)(ii). The twenty-calendar-day period for determination of significance of an action subject to funding or approval which does not involve another agency is extended to the regular meeting which occurs one month after the meeting at which a complete application was formally received by the board or agency; or one month after the meeting at which a public hearing was closed.

(2) 

Section 617.6(c)(1). The thirty-calendar-day period for establishment of a lead agency in an action involving other agencies and for which a village board proposes to be lead agency is extended to the regular meeting occurring at least 30 days after other involved agencies are notified by mail of the village board's intent to be lead agency, provided that no other agency opposes the village board's intent to be lead agency.

(3) 

Section 617.6(c)(2). The twenty-calendar-day period for a determination of significance following establishment of a lead agency in an action undergoing coordinated review is extended to the meeting occurring one month after the regular meeting at which the lead agency is established; or one month after the meeting at which a public hearing was closed.

(4) 

Section 617.6(d)(1). The twenty-calendar-day period for determination of significance of an action involving more than one agency and not undergoing coordinated review is extended to the regular meeting occurring one month after the meeting at which the application was formally received by the board or agency; or one month after the meeting at which a public hearing was closed.

B. 

In the event that a lead agency cannot be established or a determination of significance cannot be made within the time periods set forth herein due to the lack of reasonably necessary information, such establishment of lead agency or determination of significance shall occur at the next regular meeting following formal receipt of all additional information reasonably necessary to establish lead agency or determine significance. However, such additional information should be identified to the applicant within the time periods herein provided.

§ 83-4 Scoping.

The time period for scoping shall be as follows:

A. 

Section 617.7(a). The thirty-calendar-day period following a resolution of positive declaration during which a lead agency should provide a scoping outline or after which an applicant may submit and the board or agency receive a draft environmental impact statement (EIS) in the absence of a scoping outline is extended to the regular meeting occurring two months after the meeting at which the resolution of positive declaration was adopted.

§ 83-5 Environmental impact statement procedures.

The time periods for environmental impact statement (EIS) procedures shall be as follows:

A. 

Section 617.8(b)(1), (2) and (4). The thirty-calendar-day period to accept a draft EIS or to accept a resubmitted draft EIS is extended to the regular meeting occurring two months after the meeting at which the draft EIS or resubmitted draft EIS was received.

B. 

Section 617.8(d)(2). The sixty-calendar-day period during which a public hearing, if any, on an accepted draft EIS should be held is extended to the regular meeting occurring two months after the meeting at which the draft EIS was accepted by the lead agency.

C. 

Section 617.8(e). The forty-five- and sixty-calendar-day periods in which the lead agency should cause a final EIS to be filed are hereby extended to such time as an applicant or sponsor reasonably requires to prepare such final EIS. The lead agency may cause the final EIS to be filed by requiring the applicant or sponsor, upon two months' notice, to file the final EIS.

D. 

Section 617.8(e)(1). Where the lead agency determines that no final EIS need be prepared, a resolution of negative declaration or conditional negative declaration shall be adopted at the meeting occurring two months after the meeting at which the determination not to require a final EIS was made.

§ 83-6 Decisionmaking and findings statement procedures.

The time periods for decisionmaking and findings statement requirements shall be as follows:

A. 

Section 617.9(b). The thirty-calendar-day period after the filing of a final EIS in which a lead agency's written finding statement should be made and filed and a final decision whether or not to approve or fund an action should be made is extended to the regular meeting occurring one month after the meeting which follows the close of the public comment period on the final EIS.

§ 83-7 Time period regulations.

A. 

If any event triggering a time period occurs at a special meeting or at a workshop session or meeting, said event shall be deemed to occur at the following regularly scheduled meeting.

B. 

If a regularly scheduled meeting is canceled or postponed, the time periods promulgated herein shall be extended to the next regularly scheduled meeting or to the adjourned or makeup meeting, whichever occurs first.

C. 

No time period for action after which an applicant is entitled under the Village Law to automatic approval and a Clerk's certificate attesting to the same shall be deemed to commence until all SEQR procedures have been completed.

D. 

The time periods set forth herein are directory, not mandatory.

E. 

Any and all time frames may be extended or waived with permission of the applicant.

§ 83-8 Costs and expenses; escrow.

A. 

All costs and expenses incurred by the village to review an application and all other documents submitted pursuant to the SEQR regulations shall be reimbursed by the applicant prior to any final decision to grant or deny approval or funding of an action.

B. 

Following the adoption of a resolution of positive declaration or provision of a scoping outline for any action involving an applicant, the village board or agency adopting such resolution shall provide to the applicant an estimate of its review costs. The amount of said costs shall be deposited by the applicant in an interest-bearing escrow account held by the village within 30 days of the applicant's receipt of said estimate of the village's anticipated review costs. The village shall draw upon said escrow account for the sole purpose of paying its consultants for review and analysis of the applicant's application and SEQR documents. In the event that withdrawals are made from said escrow account to the extent that the account balance is reduced to 10% of the initial deposit, the applicant shall deposit further funds in an amount determined by the subject village board.

C. 

All funds on deposit which are not used to pay for review costs and expenses shall be promptly returned to the applicant following a final decision on the action.

§ 83-9 Supersession of statutory provisions.

This chapter shall supersede any inconsistent provision of the Village Law, including but not limited to Village Law § 7-728.