[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Local Zoning Law, adopted March 28, 1977, is hereby repealed, and this Local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.
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.
BUILDING INSPECTOR
EAF
EIS
PART 617
PLANNING BOARD
SEQR
VILLAGE
VILLAGE ADMINISTRATOR
VILLAGE BOARD
VILLAGE CLERK
The following terms shall have the following meanings:
The Village Building Inspector of the Village of Tarrytown.
Environmental assessment form.
Environmental impact statement.
The rules and regulations set forth in 6 NYCRR 617.
The Planning Board of the Village of Tarrytown.
The State Environmental Quality Review Act as set forth in Article
8 of the Environmental Conservation Law.
The Incorporated Village of Tarrytown.
The Village Administrator of the Village of Tarrytown or his designee.
The Board of Trustees of the Village of Tarrytown.
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.
Environmental review of actions involving a federal agency shall be
processed in accordance with Part 617.16.
Critical areas of environmental concern may be designated by resolution
of the Board of Trustees in accordance with Part 617.4(j).
