[Adopted 8-27-1979 by L.L. No. 7-1979]
[Amended 5-6-1991 by L.L. No. 5-1991]
Local Law No. 2 of 1977, which was the 59th amendment to the Tarrytown Local Zoning Law, adopted March 28, 1977, is hereby repealed, and this Local Law No. 7 of 1979, which is an amendment to the Tarrytown Local Zoning Law,[1] is substituted therefor.
[1]
Editor's Note: See Ch. 305, Zoning.
The purpose of this article is to implement for the Village of Tarrytown SEQR[1] and Part 617 of Title 6 of NYCRR.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
A. 
The terms and words used in this article shall have the same meanings as such terms and words are defined in Article 8 of the State Environmental Conservation Law and Part 617 of Title 6 of NYCRR, unless the context requires a different meaning.
B. 
The following terms shall have the following meanings:
BUILDING INSPECTOR
The Village Building Inspector of the Village of Tarrytown.
EAF
Environmental assessment form.
EIS
Environmental impact statement.
PART 617
The rules and regulations set forth in 6 NYCRR 617.
PLANNING BOARD
The Planning Board of the Village of Tarrytown.
SEQR
The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law.
VILLAGE
The Incorporated Village of Tarrytown.
VILLAGE ADMINISTRATOR
The Village Administrator of the Village of Tarrytown or his designee.
VILLAGE BOARD
The Board of Trustees of the Village of Tarrytown.
VILLAGE CLERK
The Village Clerk of the Village of Tarrytown.
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 this article.
No agency, board, body or officer of the village shall consider any proposed Type I action to be carried out or funded by the village directly unless and until an EAF has been prepared by or on behalf of such agency, board, body or officer. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
A. 
Insofar as actions proposed by individuals and nongovernmental entities are concerned, all applications for building permits, subdivision approvals, site plan approvals, changes in zoning laws of the village and changes in zoning designations on the Village Map shall first be referred to the Village Administrator. The Village Administrator shall make the initial determination as to whether or not an environmental assessment form (EAF) as set forth in Part 617 is required. The Village Administrator shall then refer the applicant to the appropriate agency (e.g., Building Inspector, Planning Board or Board of Trustees) and, if an EAF is required, will furnish the applicant with a copy of the EAF and will notify the appropriate agency that he has requested the applicant to file such form as part of the application. An application for a permit, approval or funding of a Type I action shall be accompanied by a long-form EAF and for an unlisted action may be accompanied by a short- or long-form EAF as may be needed to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF.
B. 
Each applicant submitting an environmental assessment form will be required to assume all costs associated with the review process. Said amount is to be deposited in a renewable escrow account in the amount to be determined by the Village Administrator at the time of submission.
[Added 10-15-1984 by L.L. No. 17-1984; amended 7-15-1996 by L.L. No. 4-1996]
C. 
The Village Administrator shall act as the village clearinghouse for lead agency designation. He shall assist agencies and applicants in identifying other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The Village Administrator, as clearinghouse, shall also make recommendations on the designation of a lead agency.
D. 
The lead agency shall make a preliminary determination of the environmental significance of the action on the basis of the EAF, draft EIS or, with respect to unlisted actions, in accordance with its own procedures, as the case may be, and such other information it requires. Such determination shall be made within 15 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions, a determination of nonsignificance shall be noticed and filed as provided in Part 617.10(b). For unlisted actions, a determination of nonsignificance shall be sent to the applicant and maintained in accordance with Parts 617.7(e) and 617.10(f). After a determination of nonsignificance, the action, including one involving a permit or funding, shall be processed without further regard to SEQR, Part 617 or this article.
E. 
Notwithstanding any contradictory provisions in other laws and regulations of the village and the Planning Board, the time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental nonsignificance is rendered or, if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
F. 
Fees.
[Amended 10-15-1984 by L.L. No. 17-1984; 5-6-1991 by L.L. No. 5-1991]
(1) 
Where the action involves an application, such draft environmental impact statement shall be accompanied by the fee as adopted by resolution of the Board of Trustees[1] to defray the expenses of the village incurred or to be incurred in preparing and/or evaluating impact statements under this article.
[1]
Editor's Note: Such fees are on file and available for inspection in the office of the Village Clerk during regular office hours.
(2) 
Such fee shall be payable to the Village Clerk upon filing of a draft environmental assessment form. Any applicant who disputes the amount or propriety of the fee may follow the appeal procedure set forth in Part 617.17.
If the lead agency determines that an EIS is required, it shall proceed as provided in Parts 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.
The lead agency shall be determined and designated as provided in Parts 617.6 and 617.7, except that in the following Type I and unlisted actions the lead agency shall be as provided herein:
A. 
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Board of Trustees.
B. 
Construction or expansion of village buildings, structures and facilities within the village not requiring a federal or state agency permit or approval: the Board of Trustees.
C. 
Variances not requiring a federal or state agency permit or approval: the Zoning Board of Appeals.
D. 
Purchase, sale and lease of real property by the village not requiring a federal or state agency permit or approval: the Board of Trustees.
E. 
Planned unit development or cluster zoning not requiring a federal or state agency permit or approval: the Planning Board.
F. 
Site plan review and special use permit not requiring a federal or state agency permit or approval: the Planning Board.
G. 
Construction or expansion of nonresidential facility not requiring a federal or state agency permit or approval: the Planning Board.
H. 
Parking lot not requiring a federal or state agency permit or approval: the Planning Board.