[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 3-28-1977 by L.L. No. 3-1977. Amendments noted where
applicable.]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No decision to carry out or approve an action,
other than an action listed in Section 617 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.
C.
The Mayor,
Board of Trustees, Board of Appeals and Planning Board from being
exempt from the provisions of this chapter if they independently comply
with the provisions of the Environmental Conservation Law and 6 NYCRR
Part 617 and do not refer an action to the Environmental Conservation
Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Consistent with Part 617 of Title 6 NYCRR and
the criteria therein, those actions listed in Part 617 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 Part 617 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.
[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.
[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.
A.
The Bayville Environmental Conservation Commission
shall render a written determination on such application within 20
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; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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.
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.
[Amended 2-9-1981 by L.L. No. 2-1981; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
If the Bayville Environmental Conservation Commission
determines that the proposed action is not an exempt action, not an
action listed in Part 617 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 Part 617 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 Part 617 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.
[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 Part 617 of Title 6 NYCRR.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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 Part 617 of Title 6 NYCRR
shall be prepared, filed and circulated as provided in Part 617 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 Part 617 of Title 6 NYCRR.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 14 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The hearing shall commence no less than 15 calendar
days nor more than 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.
[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.
[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 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 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.
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.
[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
30 days of the filing of the final environmental impact statement.
[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.
For public information purposes, a copy of the
determination shall be filed and made available as provided in Part
617 of Title 6 NYCRR.
[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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where more than one board or agency is involved
in an action, the procedures of Part 617 of Title 6 NYCRR shall be
followed.
[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.
