[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley 8-8-77 by L.L. No. 5-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 14.
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.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
PLANNING BOARD
The Planning Board of the Village of Ardsley.
VILLAGE
The Incorporated Village of Ardsley.
VILLAGE BOARD
The Village Board of the Village of Ardsley.
VILLAGE CLERK
The Village Clerk of the Village of Ardsley.
No decision to carry out or approve an action (other than an exempt action, an action listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action or an action listed in a supplemental schedule of Type II actions under the regulations of the Planning Board) shall be made by the Village Board 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 does 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 the New York Codes, Rules and Regulations have been fulfilled.
A. 
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 Village Clerk, setting forth the name of the applicant, the location of the real property affected, if any, and a description of the nature of the proposed action. Such statement shall also include any claim that the proposed action is an exempt action under Section 617.13 of Title 6 of the New York Codes, Rules and Regulations or a Type II action under Section 617.12 of Title 6 of the New York Codes, Rules and Regulations or the regulations of the Planning Board; the estimated total cost of the action; and, if no claim is made that the proposed action is an exempt or Type II action, a detailed explanation of the reasons why, in the view of the applicant, a proposed action may or will not have a significant effect on the environment.
B. 
Where the action involves an application, the statement shall be filed simultaneously with the application for the action.
C. 
The statement provided herein shall be upon a form prescribed by the Planning Board of the Village of Ardsley 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 materials required by the Planning Board.
Except in those instances where the Planning Board has made a determination that a proposed action is exempt, the Planning Board, upon receipt of a complete application and a statement from the Village Clerk, shall cause a notice, at a cost to the applicant, to be published in the official newspaper of the village and simultaneously given to the Conservation Advisory Commission, 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 from the Village Clerk; 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. If the Planning Board's determination is that such proposed action will not have a significant effect on the environment under § 102-6A of this chapter, the determination shall so specifically state. 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, to the extent practicable, with other time limitations provided by statute or local law, ordinance or regulation of the village.
A. 
If the Planning Board determines that the proposed action is an exempt action, an action listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action or an action listed in a supplemental schedule of Type II actions under the regulations of the Planning Board, the proposed action may be processed without further regard to this chapter.
B. 
If the Planning Board determines that the proposed action will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter.
C. 
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 the New York Codes, Rules and Regulations, 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 the New York Codes, Rules and Regulations.
Following a determination that a proposed action may have significant effect on the environment, the Planning Board shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
A. 
In the case of an action involving an applicant, immediately notify the applicant of the determination and direct the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
B. 
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
Upon completion of a draft environmental impact statement prepared by or at the direction of the Planning Board, a notice of completion containing the information specified in Section 617.7(d) of Title 6 of the New York Codes, Rules and Regulations shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. In addition, it shall be published in the official newspaper of the village at the applicant's cost. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
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 at least 10 days prior to such public hearing, all at the cost of applicant. 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. Notice of public hearing shall also be sent to the Village Conservation Advisory Committee which may submit its own comments and recommendations to the Planning Board prior to the hearing. Such hearing shall commence no less than 15 calendar days nor more than 60 calendar days after the filing of the draft environmental impact statement; provided, however, that the Planning Board may extend this time if necessary for public or other agency review of the draft environmental impact statement or where a different hearing date is required or appropriate under other applicable law.
If, on the basis of a draft environmental impact statement or a public hearing thereon, the Planning Board makes a written determination that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter.
A. 
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, further, that if the action involves an application, the Planning Board may direct the applicant to prepare the final environmental impact statement.
B. 
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.
C. 
Where the action involves an application, such final environmental impact statement shall be accompanied by the fee specified in this section to defray the expenses of the village incurred or to be incurred in preparing and/or evaluating impact statements under this chapter:
Estimated Total Cost of Proposed Action
Fee
Less than $50,000.
$100
More than $50,000, and less than $200,000.
$250, plus 1/4 of 1% of the estimated total cost of action
More than $200,000, and less than $2,000,000.
$500, plus 1/4 of 1% of the estimated total cost of action
More than $2,000,000.
$1,000, plus 1/4 of 1% of the estimated total cost of action
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 102-8 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent 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 shall be made by the Planning Board or by another village agency 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 or other village agency 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. 
There shall be consistency with social, economic and other essential considerations of state policy to the maximum extent practicable from among the reasonable alternatives thereto. The action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant impact statements.
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including the effects disclosed in the relevant environmental impact statements.
For public information purposes, a copy of the determination referred to in § 102-14 herein shall be filed and made available as provided in Section 617.8(c) 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 preapared by the Planning Board or other village agencies.
Where more than one agency is involved in an action, the procedure 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 village or any of its departments, boards, commissions, officers or employees having jurisdiction 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.