[Adopted 1-8-1979 by L.L.
No. 1-1979]
The purpose of this chapter is to implement for the Village of Piermont
the State Environmental Quality Review Act and specifically Part 617 thereof.
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 complied with SEQR, Part 617, to the extent applicable,
and with this chapter.
If the lead agency determines that an EIS is required, it shall proceed
as provided in 6 NYCRR 617.8, 617.9 and 617.10. Commencing with the acceptance
of the draft EIS, the time limitation for processing the EIS shall run concurrently
with the time limitations applicable to 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. The
draft EIS shall be 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.
Environmental review of actions involving a federal agency shall be
processed in accordance with 6 NYCRR 617.16.
The fees for review or preparation of an EIS involving an applicant
for approval or funding of an action shall be fixed from time to time by a
resolution of the Board of Trustees. Limitations on the amount of fees is
prescribed by 6 NYCRR 617.17. 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.
[Amended 1-7-1992 by L.L.
No. 3-1992]
Critical areas of environmental concern may be designated by resolution
of the Board of Trustees in accordance with 6 NYCRR 617.4(h).
In addition to the Type I actions set forth in 6 NYCRR 617.12, the Board
of Trustees may by resolution from time to time add additional actions to
the Type I list.
[Adopted 4-23-1985 by L.L.
No. 5-1985]
[Amended 1-3-1989 by L.L.
No. 1-1989]
The Board of Trustees hereby designates the following areas as critical
environmental areas in accordance with Section 617 of the New York Code of
Rules and Regulations: See Schedule A.
Schedule A
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All property lying within the Village of Piermont
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[Amended 1-7-1992 by L.L.
No. 3-1992]
Any unlisted action taken with respect to properties located within
the critical environmental area shall be treated as a Type I action as defined
by the State Environmental Quality Review Act, unless excluded by the provisions of §
96-13.
All Type 1 actions shall require the filing of a long-form environmental
assessment form (EAF) with the Village lead agency. Not all Type 1 actions
shall require the filing of an environmental impact statement (EIS). The decision
as to whether an EIS is required shall be made by the Village lead agency.
The following actions shall be excluded from the requirements of this
article in connection with residential development and use:
A. Any use permitted by right which does not involve more
than one residential unit.
[Amended 1-3-1989 by L.L.
No. 1-1989]