No decision to carry out or approve an action listed as a Type
II action in the rules and regulations or in 6 NYCRR 617.5 shall be
made by the Trustees or by any other board, officer or employee of
the Village until there has been full compliance with all requirements
of this chapter and Part 617 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 NYCRR have been
fulfilled.
Applicants in all cases, unless otherwise specified in the rules and regulations and §
138-3 above, shall file a written statement with the Board or officer designated by the rules and regulations setting forth the name of the applicant, the location of the real property affected, if any, 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 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 required above shall be upon a form prescribed by the rules and regulations 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 rules and regulation.
Upon receipt of a complete application and a statement, the
Clerk shall cause a notice thereof to be posted in a conspicuous place,
designated in the rules and regulations, describing the nature of
the proposed action and stating that written views thereon of any
person shall be received by the Village no later than a date specified
in such notice.
Every application for determination under this chapter shall
be accompanied by fees, as determined and set forth in the rules and
regulations, to defray the expense incurred in rendering such determination.
Such fees shall bear a reasonable relationship to the direct costs
incurred in the processing and review of said application and to such
other costs as may be provided for in the rules and regulations.
If the Board determines that the proposed action is an exempt
action or is a Type II action or that it will not have a significant
effect on the environment, the Board shall prepare, file and circulate
such determination, as provided in 6 NYCRR 617.12, and thereafter
the proposed action may be processed without further regard to this
chapter. If the Board determines that the proposed action is not an
exempt action and is not a Type II action and that it may have a significant
effect on the environment, the Board shall prepare, file and circulate
such determination, as provided in 6 NYCRR 617.12, and thereafter
the proposed action shall be reviewed and processed in accordance
with the provisions of this chapter and Part 617 NYCRR.
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.
Where an action is proposed to be undertaken by a board of the
Village, the above procedures shall be followed except as otherwise
provided by the rules and regulations.
Where more than one agency is involved in an action, the procedures
of 6 NYCRR 617.14 and 617.6 shall be followed.
Actions undertaken or approved prior to the date specified in
SEQR for local agencies shall be exempt from this chapter and the
provisions of SEQR and Part 617 of NYCRR; provided, however, that
if after such date the Board modifies an action undertaken or approved
prior to that date and the 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 NYCRR.