Village of Pittsford, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford 3-14-1989 as Ch. 64 of the 1989 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.

§ 93-1 Definitions.

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 NYCRR.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
VILLAGE
The Village of Pittsford, New York.

§ 93-2 Compliance required; exceptions.

No decision to carry out or approve an action other than an action listed in § 93-3 hereof or Section 617.12 of Title 6 of NYCRR as a Type II action shall be made by the governing body or by any board, 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.

§ 93-3 Additional Type I or Type II actions.

Consistent with Part 617 of Title 6 of NYCRR and the criteria therein, in addition to those actions listed in Section 617.12 of Title 6 of NYCRR as Type I or Type II actions, a further list of Type I actions deemed to have a significant effect on the environment and Type II actions deemed not likely to have a significant effect on the environment shall be available in the office of the Village Clerk.

§ 93-4 Filing for approval.

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 governing body or appropriate board, officer or employee having jurisdiction, 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 governing body or appropriate board, officer or employee having jurisdiction 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 governing body or appropriate board, officer or employee having jurisdiction.

§ 93-5 Time limit for action on application.

A. 
The governing body or appropriate board, officer or employee having jurisdiction 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 governing body or appropriate board, officer or employee having jurisdiction. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The governing body or appropriate board, officer or employee having jurisdiction 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 of 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 village.

§ 93-6 Fees.

Every application for determination under this chapter shall be accompanied by a reasonable fee as set forth by the Village Board of Trustees to defray the expenses incurred in rendering such determination.

§ 93-7 Effect of determination.

A. 
If the governing body or appropriate board, officer or employee having jurisdiction determines that the proposed action is not an exempt action, not an action listed in § 93-3 hereof or Section 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 governing body or appropriate board, officer or employee having jurisdiction shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to this chapter.
B. 
If the governing body or appropriate board, officer or employee having jurisdiction determines that the proposed action may have a significant effect on the environment, the governing body or appropriate board, officer or employee having jurisdiction shall prepare, file and circulate such determination as provided in Section 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.
C. 
Actions having a significant effect on the environment.
(1) 
Following a determination that a proposed action may have a significant effect on the environment, the governing body or appropriate board, officer or employee having jurisdiction shall, in accordance with the provisions of Part 617 of Title 6 of NYCRR:
(a) 
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; or
(b) 
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
(2) 
If the applicant decides not to submit an environmental impact report, the governing body or appropriate board, officer or employee having jurisdiction 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.
(3) 
The governing body or appropriate board, officer or employee having jurisdiction may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing the same if it is prepared by the applicant. Such fees shall be as set forth from time to time by the Board of Trustees.
D. 
If, on the basis of a draft environmental impact statement, the governing body or appropriate board, officer or employee having jurisdiction 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.

§ 93-8 Preparation of final environmental impact statement.

Except as otherwise provided herein, the governing body or appropriate board, officer or employee having jurisdiction shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of NYCRR, provided further that, if the action involves an application, the governing body or appropriate board, officer or employee having jurisdiction may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 60 days after the filing of the draft environmental impact statement; provided, however, that the governing body or appropriate board, officer or employee having jurisdiction 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 a fee, as set forth from time to time by the Board of Trustees, to defray the expenses of the village in preparing and/or evaluating same.

§ 93-9 Notice of completion.

A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in Section 617.17(e) and (f) of Title 6 of NYCRR 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.

§ 93-10 Written determination.

When the governing body or appropriate board, officer or employee having jurisdiction 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, 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.

§ 93-11 Records.

A. 
For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of NYCRR.
B. 
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 governing body or appropriate board, officer or employee having jurisdiction.

§ 93-12 Effect of multiple agencies.

Where more than one agency is involved in an action, the procedures of Section 617.4 and 617.8 of Part 617 of Title 6 of NYCRR shall be followed.

§ 93-13 Exemptions.

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 governing body or appropriate board, officer or employee having jurisdiction modifies an action undertaken or approved prior to that date and the governing body or appropriate board, officer or employee having jurisdiction 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.