Village of Old Field, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 6-14-1977 as L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 23.
Excavations and dredging — See Ch. 35.
Flood hazard areas — See Ch. 44.
Noise — See Ch. 64.
Subdivision of land — See Ch. 95.
Zoning — See Ch. 121.

§ 26-1 Definitions.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning 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:
VILLAGE
The Village of Old Field.

§ 26-2 Compliance required prior to approval of action.

No decision to carry out or approve an action, other than an action listed in § 26-4 hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by the Board of Trustees 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 actions which do not commit the village to approve, commence or engage in such action.
B. 
The granting at 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.

§ 26-3 Type I actions.

Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in Section 612.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions are likely to have a significant effect on the environment:
A. 
Any construction on or alteration of the banks, beaches, bluffs or slopes along the shorelines in the village which would cause or tend to cause an increase in the erosion.
B. 
Any construction on or alteration of the grass-covered sand dunes lying between mean high tide and the sea bluffs or lying between mean high tide and 300 feet back on level or nearly level beach areas which would cause or tend to cause destruction of or any ecological damage to any banks, beaches, bluffs or slopes along the shorelines in the village, whether such destruction is occasioned by increased erosion, increased human abuse or otherwise.
C. 
Any regular, long-term, home or industrial process which uses ground seepage as a means for fluid disposal (other than the normal disposal of normal household waste fluids) of a nature that would impair or degrade the quality of the groundwater.
D. 
Construction, maintenance or conversion of any building or facility, the use of which would regularly generate more than 50 cars per eight-hour period on the roads within the village.
E. 
The installation or use of any permanent facility whose regular operation would cause significant air pollution or unreasonable or unusual noise levels beyond the boundaries of the property upon which the same is located.
F. 
Any construction which would result in areas of impervious surface in excess of 30% of any individual parcel of real property.
G. 
Construction of buildings or roads on slopes greater than 15%.

§ 26-4 Type II actions.

Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type II actions, are deemed not to have a significant effect on the environment.

§ 26-5 Written statement to be filed by applicant.

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 Board of Trustees of the Village of Old Field, 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 Board of Trustees of the Village of Old Field 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 said Board.

§ 26-6 Time limit for determination; hearings.

A. 
The Board of Trustees 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 Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment.
B. 
The 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.

§ 26-7 Coordination of time limitations.

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.

§ 26-8 Application fees.

Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in this section to defray the expenses incurred in rendering such determination. The fees shall be determined pursuant to Section 617.11 of the New York Codes, Rules and Regulations.

§ 26-9 Statement of determination of type.

A. 
If the Board determines that the proposed action is not an exempt action, not an action listed in § 2.6-4 hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the 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.
B. 
If the Board determines that the proposed action may have a significant effect on the environment, the 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 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.

§ 26-10 Action following determination of type.

Following a determination that a proposed action may have a significant effect on the environment, the 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 shall request 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, shall prepare a draft environmental impact statement. If the applicant decides not to submit an environmental impact report, the Board 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. The Board may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. Such fees shall be determined pursuant to Section 617.11 of the New York Codes, Rules and Regulations.

§ 26-11 Notice of completion of draft environmental impact statement.

Upon completion of a draft environmental impact statement prepared by or at the request of the 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 a newspaper having general circulation within the village, and a copy thereof shall also be posted on a signboard of the village. 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.

§ 26-12 Public hearing.

If the 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. a newspaper having general circulation within the village at least 10 days prior to such public hearing. 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. The hearing shall commence no less than 15 calendar days nor more than 60 calendar days of the filing of the draft environmental impact statement, except as otherwise provided where the Board determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required under other applicable law.

§ 26-13 Actions without significant environmental impact.

If, on the basis of a draft environmental impact statement or a public hearing thereon, the Board 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.

§ 26-14 Final environmental impact statement.

Except as otherwise provided herein, the 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 requires an application, the Board may direct the applicant to prepare the final environmental impact statement. 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 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. Where the action involves an application, such final environmental impact statement shall be accompanied by the fee determined to be due pursuant to Section 617.11 of the New York Codes, Rules and Regulations to defray the expenses of the village in preparing and/or evaluating same.

§ 26-15 Final statement required for deciding significant impact actions.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the 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.

§ 26-16 Approval of significant impact actions.

When the Board 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 avoids or minimizes 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 avoid or minimize adverse environmental effect.

§ 26-17 Filing of determination.

For public information purposes, a copy of the determination shall be filed and made available as provided in Part 61.7 of Title 6 of the New York Codes, Rules and Regulations.

§ 26-18 Files to be open to public.

The village shall maintain files open for public inspection of all notice of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the Board.

§ 26-19 Multiple agency actions.

Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.

§ 26-20 Effect on prior actions.

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 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 Title 6 of the New York Codes, Rules and Regulations.