[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.]
A.
APPLICANT
BOARD
BOARD OF APPEALS
BUILDING INSPECTOR
CLERK
DEIS
EIS
PLANNING BOARD
RULES AND REGULATIONS
SEQR
6 NYCRR 617 OR PART 617 NYCRR
6 NYCRR 617.1 THROUGH 617.14
TRUSTEES
TYPE I ACTIONS
TYPE II ACTIONS
VILLAGE
As used in this chapter, the following terms shall have
the meanings indicated:
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.
The Board of Trustees, Planning Board, Board of Appeals or any board
or agency established by the Trustees.
The Board of Appeals of the village.
The Building Inspector of the village.
The Village Clerk.
Draft environmental impact statement.
Final environmental impact statement.
The Planning Board of the village.
The village's rules and regulations as adopted or amended by
the Trustees for the implementation and administration of this chapter.
Article 8 of the Environmental Conservation Law of the State of New
York, entitled "Environmental Quality Review," the state law.
The New York State rules and regulations for implementing SEQR which
apply to all state and local government bodies and agencies.
Section numbers of Part 617 NYCRR.
The Board of Trustees of the village.
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.
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.
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.
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:
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.
Where an action is proposed to be undertaken by a board of the village,
the above procedures shall be followed except as otherwise provided by the
rules and regulations.
Where more than one agency is involved in an action, the procedures
of 6 NYCRR 617.14 and 617.9 shall be followed.
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.
