Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 3-28-1977 as L.L. No. 3-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 24.
Freshwater protection — See Ch. 28.

§ 24A-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 NYCRR.
B. 
The term "village" shall mean the Incorporated Village of Bayville.

§ 24A-2 Compliance required.

No decision to carry out or approve an action, other than an action listed in Section 617.12 of Title 6 NYCRR as a Type II action, shall be made by the Mayor, 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 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 the requirements of this chapter and Part 617 of Title 6 NYCRR have been fulfilled.

§ 24A-3 Type of actions.

Consistent with Part 617 of Title 6 NYCRR and the criteria therein, those actions listed in Section 617.12 of Title 6 NYCRR as Type I actions, i.e., those actions that are likely to have a significant effect on the environment, and those actions listed in Section 617.12 of Title 6 NYCRR as Type II actions, i.e., those actions that are deemed not to have a significant effect on the environment, are contained within this chapter and may be amended by resolution of the Board of Trustees of the Incorporated Village of Bayville.

§ 24A-4 Filing of application.

[Amended 2-9-1981 by L.L. No. 2-1981]
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 Bayville Environmental Conservation Commission 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 Bayville Environmental Conservation Commission 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 Bayville Environmental Conservation Commission. No application shall be deemed complete until such statement and accompanying material are submitted to the Bayville Environmental Conservation Commission.

§ 24A-5 Notice of application.

[Amended 2-9-1981 by L.L. No. 2-1981]
Pursuant to the requirements of Part 617 of Title 6 NYCRR, upon receipt of a complete application and a statement, the Bayville Environmental Conservation Commission shall cause a notice thereof to be posted in a conspicuous place in the Village Hall, 34 School Street, Bayville, New York describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Bayville Environmental Conservation Commission no later than a date specified in such notice.

§ 24A-6 Determination by Environmental Conservation Commission; time limitations.

A. 
The Bayville Environmental Conservation Commission shall render a written determination on such application within fifteen (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 Bayville Environmental Conservation Commission. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Bayville Environmental Conservation Commission 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.
[Amended 2-9-1981 by L.L. No. 2-1981]
B. 
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or by local law, ordinance or regulation of the village.

§ 24A-7 Fees.

Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in this section and which may from time to time be changed by resolution of the Board of Trustees. Such fees shall be set in order to defray the expenses incurred in rendering such determination.

§ 24A-8 Preparation, filing and circulation of determination.

[Amended 2-9-1981 by L.L. No. 2-1981]
If the Bayville Environmental Conservation Commission determines that the proposed action is not an exempt action, not an action listed in Section 617.12 of Title 6 NYCRR as a Type II action and that it will not have a significant effect on the environment, the Bayville Environmental Conservation Commission shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Bayville Environmental Conservation Commission determines that the proposed action may have a significant effect on the environment, the Bayville Environmental Conservation Commission shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 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 NYCRR.

§ 24A-9 Notification of applicant; preparation of impact statement.

[Amended 2-9-1981 by L.L. No. 2-1981]
A. 
Following a determination that a proposed action may have a significant effect on the environment, the Bayville Environmental Conservation Commission shall, in accordance with the provisions of Part 617 of Title 6 NYCRR:
(1) 
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.
(2) 
In the case of an action not involving an applicant, prepare a draft environmental impact statement.
B. 
If the applicant decides not to submit an environmental impact report, the Bayville Environmental Conservation Commission shall notify the applicant that the processing of the application will cease and that no approval will be issued; or, in its discretion, the Bayville Environmental Conservation Commission may cause to have the draft environmental impact statement prepared. The Bayville Environmental Conservation Commission may require an applicant to submit a fee in advance 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 by resolution of the Board of Trustees within the guidelines specified in Section 617.11 of Title 6 NYCRR.

§ 24A-10 Notice of completion; public hearing.

[Amended 2-9-1981 by L.L. No. 2-1981]
A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the village, a notice of completion containing the information specified in Section 617.7(d) of Title 6 NYCRR shall be prepared, filed and circulated as provided in Section 617-7(e) and (f) of Title 6 NYCRR. In addition, if the Bayville Environmental Conservation Commission requires a hearing to be held, it shall be published in the official newspaper of the village, and a copy thereof shall also be posted in a conspicuous place in the Village Hall 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 NYCRR.
B. 
If the Bayville Environmental Conservation Commission 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 ten (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.
C. 
The hearing shall commence no less than fifteen (15) calendar days nor more than sixty (60) calendar days after the filing of the draft environmental impact statement, except as otherwise provided where the Bayville Environmental Conservation Commission 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 as appropriate under other applicable law.

§ 24A-11 Processing of action determined not to have an effect.

[Amended 2-9-1981 by L.L. No. 2-1981]
If, on the basis of a draft environmental impact statement or a public hearing thereon, the Bayville Environmental Conservation Commission 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.

§ 24A-12 Final environmental impact statement.

[Amended 2-9-1981 by L.L. No. 2-1981]
Except as otherwise provided herein, the Bayville Environmental Conservation Commission shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 NYCRR, provided further that if the action involves an application, the Bayville Environmental Conservation Commission may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within forty-five (45) days after the close of any hearing or within sixty (60) days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the Bayville Environmental Conservation Commission 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 specified in this section to defray the expenses of the village in preparing and/or evaluating same. The fee shall be determined by resolution of the Board of Trustees in conformity with Title 6 NYCRR.

§ 24A-13 Notice and filing of final statement.

A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 24A-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of such environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.

§ 24A-14 Decision; time limit.

[Amended 2-9-1981 by L.L. No. 2-1981]
No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Bayville Environmental Conservation Commission or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. The Board of Trustees shall attempt to make a decision whether or not to approve the action within thirty (30) days of the filing of the final environmental impact statement.

§ 24A-15 Written findings.

[Amended 2-9-1981 by L.L. No. 2-1981]
When the Bayville Environmental Conservation Commission 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.

§ 24A-16 Filing of determination.

For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 NYCRR.

§ 24A-17 Public access to records.

[Amended 2-9-1981 by L.L. No. 2-1981]
The village shall maintain files open for public inspection during normal business hours of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the Bayville Environmental Conservation Commission.

§ 24A-18 Procedure when more than one agency involved.

Where more than one (1) Board or agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 NYCRR shall be followed.

§ 24A-19 Exemptions.

[Amended 2-9-1981 by L.L. No. 2-1981]
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 NYCRR; provided, however, that if after such dates the Mayor and Board of Trustees or Bayville Environmental Conservation Commission 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 NYCRR.