[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Local Zoning Law, adopted March 28, 1977, is hereby repealed, and this Local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, is substituted therefor.
The purpose of this article is to implement for the Village of Tarrytown
SEQR and Part 617 of Title 6 of NYCRR.
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.
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).