[HISTORY: Adopted by the Board of Trustees of the Village of Upper Brookville 12-22-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Appeals — See Ch. 4.
Planning Board — See Ch. 40.
Excavating and filling — See Ch. 108.
Freshwater wetlands — See Ch. 119.
Pesticides — See Ch. 160.
Subdivision of land — See Ch. 180.
Zoning — See Ch. 205.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
A person, corporation, partnership or association submitting an application to the Board of Trustees, Planning Board, Board of Appeals or other board or agency established by the Trustees or an appeal to the Board of Appeals.
BOARD
The Board of Trustees, Planning Board, Board of Appeals or any board or agency established by the Trustees.
BOARD OF APPEALS
The Board of Appeals of the village.
BUILDING INSPECTOR
The Building Inspector of the village.
CLERK
The Village Clerk.
DEIS
Draft environmental impact statement.
EIS
Final environmental impact statement.
PLANNING BOARD
The Planning Board of the village.
RULES AND REGULATIONS
The village's rules and regulations as adopted or amended by the Trustees for the implementation and administration of this chapter.
SEQR
Article 8 of the Environmental Conservation Law of the State of New York, entitled "Environmental Quality Review," the state law.
6 NYCRR 617 OR PART 617 NYCRR
The New York State rules and regulations for implementing SEQR which apply to all state and local government bodies and agencies.
6 NYCRR 617.1 THROUGH 617.14
Section numbers of Part 617 NYCRR.
TRUSTEES
The Board of Trustees of the village.
TYPE I ACTIONS
Actions or classes of actions as set forth in 6 NYCRR 617.4 and the rules and regulations that are likely to require preparation of an EIS because they will in almost every instance have a significant effect on the environment.
TYPE II ACTIONS
Actions or classes of actions which have been determined not to have a significant effect on the environment and which do not require an EIS as set forth in 6 NYCRR 617.5 or the rules and regulations.
VILLAGE
The Incorporated Village of Upper Brookville.
B. 
Unless the context or the above definitions shall otherwise require, the terms, phrases, words and their derivations used in this chapter shall have the same meaning as those defined in § 8-0105 of SEQR and in Part 617 NYCRR.
A. 
The Trustees shall adopt and may amend from time to time, by resolution, rules and regulations for the implementation and administration of this chapter which shall be no less protective of the environment and consistent with SEQR and with Part 617 NYCRR.
B. 
The rules and regulations may set forth additional Type I and Type II actions which shall be consistent with Part 617 NYCRR.
C. 
The rules and regulations shall use the definitions and abbreviations set forth in § 104-1 above.
No decision to carry out or approve an action other than an action listed as a Type II action in the rules and regulations or in 6 NYCRR 617.5 shall be made by the Trustees or by any other board, officer or employee of the village until there has been full compliance with all requirements of this chapter and Part 617 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 all requirements of this chapter and Part 617 NYCRR have been fulfilled.
Applicants in all cases, unless otherwise specified in the rules and regulations and § 104-3 above, shall file a written statement with the board or officer designated by the rules and regulations 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 required above shall be upon a form prescribed by the rules and regulations 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 rules and regulations.
Upon receipt of a complete application and a statement, the Clerk shall cause a notice thereof to be posted in a conspicuous place, designated in the rules and regulations, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the village no later than a date specified in such notice.
A. 
A written determination on such application shall be rendered within 15 calendar days following receipt of a complete application and statement with all required supporting documents; provided, however, that such period may be extended by mutual agreement. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The board and/or its staff 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.
B. 
To the extent practicable, other time limitations provided by statute or local law or the rules and regulations shall be coordinated with the time limitations provided in this chapter.
Every application for determination under this chapter shall be accompanied by fees, as determined and set forth in the rules and regulations, to defray the expenses incurred in rendering such determination. Such fees shall bear a reasonable relationship to the direct costs incurred in the processing and review of said application and to such other costs as may be provided for in the rules and regulations.
If the board determines that the proposed action is an exempt action or is a Type II action or that it will not have a significant effect on the environment, the board shall prepare, file and circulate such determination, as provided in 6 NYCRR 617.12, and thereafter the proposed action may be processed without further regard to this chapter. If the board determines that the proposed action is not an exempt action and is not a Type II action and that it may have a significant effect on the environment, the board shall prepare, file and circulate such determination, as provided in 6 NYCRR 617.12, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 NYCRR.
A. 
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 NYCRR:
(1) 
In the case of an action involving an applicant, immediately notify the applicant of the determination and require the applicant to prepare a DEIS; or
(2) 
In the case of an action proposed by a governmental agency, require that agency to prepare a DEIS.
B. 
If an applicant decides not to submit a DEIS, the board shall notify the applicant that the application will not be further processed until said environmental impact statement is submitted and that no approval will be issued.
A. 
Upon completion of a DEIS prepared at the request of the board, a notice of completion containing the information specified in 6 NYCRR 617.12(a) shall be prepared, filed and circulated, as provided in 6 NYCRR 617.12(b) and (c). In addition, it shall be published in the official newspaper of the village at the applicant's expense, and a copy thereof shall also be posted in a conspicuous place designated in the rules and regulations. Copies of the DEIS and the notice of completion shall be filed, sent and made available, as provided in 6 NYCRR 617.7(b) and (c).
B. 
If the board determines to hold a public hearing on a DEIS, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official newspapers of the village at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the DEIS 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 from the filing of the DEIS, except as otherwise provided where the board determines that additional time is necessary for the public or other agency review of the DEIS or where a different hearing date is required as appropriate under other applicable law.
C. 
If, on the basis of a DEIS 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 SEQR or this chapter.
D. 
If, on the basis of a DEIS or a public hearing thereon, the board determines that the proposed action will have a significant effect on the environment, the board shall require the preparation of an EIS in accordance with the provisions of Part 617 NYCRR. Such EIS shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the DEIS, 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.
A. 
A notice of completion of an EIS shall be prepared, filed and sent in the same manner as provided in § 104-10 herein and shall be sent to all persons to whom the notice of completion of the DEIS was sent. Copies of the EIS shall be filed and made available for review in the same manner as the DEIS.
B. 
No decision to carry out or approve an action which has been the subject of an EIS shall be made by the board until after the filing and consideration of the EIS. The board shall make a decision whether or not to approve the action within 30 calendar days of the filing of the EIS.
C. 
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:
(1) 
Consistent with social, economic and other essential considerations of state and local 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; and
(2) 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.
D. 
For public information purposes, a copy of this determination shall be filed and made available as provided in Part 617 NYCRR.
The village shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared.
Actions undertaken or approved prior to the date specified in SEQR for local agencies shall be exempt from this chapter and the provisions of SEQR and Part 617 NYCRR; provided, however, that if after such date 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 NYCRR.