[HISTORY: Adopted by the Board of Trustees of the Village of Colonie 8-28-1995 by L.L. No. 2-1995; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 16.
Clearing, grading and erosion control — See Ch. 95.
Freshwater wetlands — See Ch. 128.
Subdivision of land — See Ch. 199.
Zoning — See Ch. 242.
The purpose of this chapter is to implement for the Village of Colonie the State Environmental Quality Review Act (SEQR) and Part 617 of the New York Codes, Rules and Regulations.
A. 
The terms and words used in this chapter shall have the same meanings as such terms and words are defined in Article 8 of the Environmental Conservation Law and Part 617 of the New York Codes, Rules and Regulations unless the context requires a different meaning.
B. 
The following terms shall have the following meanings:
EAF
Environmental assessment form.
EIS
Environmental impact statement.
PART 617
The rules and regulations set forth in 6 NYCRR 617.
SEQR
The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.
VILLAGE
The Village of Colonie.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the village unless it has been complied with SEQR and Part 617, to the extent applicable, and this chapter.
A. 
An environmental assessment form (EAF) in long form shall be prepared by or on behalf of any agency, board, body or officer of the village in connection with any Type I action which such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
B. 
An application for a permit or funding of a Type I action shall be accompanied by a long-form EAF, and, for an unlisted action, said application may be accompanied by a short- or long-form EAF as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft environmental impact statement (EIS) to accompany the application in place of the EAF. In lieu of an EAF, the Village Board or a lead agency having authority to adopt its own regulations may adopt a different procedure for reviewing the environmental significance of unlisted actions, provided that it is based on information as comprehensive as would be provided by an EAF.
C. 
The lead agency shall make a preliminary determination of the environmental significance of the action on the basis of the EAF or the draft EIS or, with respect to unlisted actions, in accordance with its own procedures, as the case may be, and such other information as it requires. Such determination shall be made within 20 days of its designation as lead agency or within 20 days of its receipt of all of the information it requires, whichever is later, unless a longer period has been agreed to with the applicant. For all actions the lead agency shall follow all the notice, filing and other procedural requirements of Part 617, except that for all unlisted actions a coordinated review shall be mandatory.
D. 
The time of filing an application for approval or funding of an action shall commence to run from the date the determination of environmental significance is rendered or, if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an environmental impact statement (EIS) is required, it shall proceed as provided in Part 617. Commencing with the acceptance of the draft EIS, the time limitation for processing the EIS shall run concurrently with the time limitations acceptable for processing the application for approval or funding of the action, and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. Where time schedules conflict with those of Part 617, they shall be adjusted. If the draft EIS is prepared by the applicant, failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Part 617, except that in the following Type I and unlisted actions the lead agency shall be as provided herein:
A. 
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Village Board.
B. 
Construction or expansion of village buildings, structures and facilities within the village not requiring a federal or state agency permit or approval: the Village Board.
C. 
Variances not requiring a federal or state agency permit or approval: the Zoning Board of Appeals.
D. 
Purchase, sale and lease of real property by the village not requiring a federal or state agency permit or approval: the Village Board.
E. 
Planned unit development or cluster zoning not requiring a federal or state agency permit or approval: the Village Board.
F. 
Subdivision or site plan review: the Planning Commission.
G. 
Construction or expansion of a nonresidential facility not requiring a federal or state agency permit or approval; or site plan approval: the Code Enforcement Officer.
H. 
A parking lot not requiring a federal or state agency permit or approval or site plan approval: the Code Enforcement Officer.
The Village Board shall act as the local clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants in identifying other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be processed in accordance with Part 617. Village agencies are encouraged to seek lead agency designation for actions where they have funding or permitting authority.
The fees for review or preparation of an EIS involving an application for approval or funding of an action shall be fixed, from time to time, by a resolution of the Village Board. Part 617 prescribes limitations on the amounts of the fees. If the applicant prepares the EIS, the village may charge a fee for the actual expenses of reviewing it, but if a village agency prepares an EIS on behalf of an applicant, it may charge a fee for the cost of preparing, including publication of notices, but not for the cost of professional review.
Critical areas of environmental concern may be designated by resolution of the Village Board in accordance with Part 617.
The following are deemed Type I actions in addition to those set forth in Part 617: none.
The following are deemed Type II actions in addition to those set forth in Part 617: none.