Village of Greenport, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Greenport 4-11-1977 as L.L. No. 2-1977; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 68.
Waterfront consistency review — See Ch. 139.
Wetlands, floodplains and drainage — See Ch. 142.

§ 61-1 Definitions.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations (NYCRR) adopted by the Commissioner of Environmental Conservation.
B. 
For purposes of this chapter, the following terms shall have the meanings indicated:
VILLAGE
The Village of Greenport.
VILLAGE AGENCY
Any department, board, commission, officer or employee of the Village of Greenport.

§ 61-2 Compliance required; exceptions.

No decision to carry out or approve an action other than an action listed in § 61-3B hereof or Section 617.13 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by a village agency until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; 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 of Title 6 of the New York Codes, Rules and Regulations have been fulfilled.

§ 61-3 Type I and Type II actions.

A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions are likely to have a significant effect on the environment.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the actions listed in Section 617.13 of Title 6 of the New York Codes, Rules and Regulations as Type II actions are deemed not to have a significant effect on the environment.

§ 61-4 Filing of statement regarding effect of proposed action.

For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the village agency having jurisdiction 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 the applicant's 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 herein shall be upon a form prescribed by the village and shall contain such additional relevant information as shall be required. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the village agency.

§ 61-5 Notice of proposed action required.

Upon receipt of a complete application and a statement, the village agency shall cause a notice thereof to be posted on the signboard, if any, of the village maintained by the village and may also cause such notice to be published in the official newspaper of the village,[1] describing the nature of the proposed action and stating that written views thereon of any person shall be received by the village agency no later than a date specified in such notice.
[1]
Editor's Note: See Ch. 21, Official Newspaper.

§ 61-6 Time limit for determination by governing body.

A. 
The village agency shall render a written determination on such application within fifteen (15) days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the village agency. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The village agency 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. 
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the village.

§ 61-7 Fee.

Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in this section to defray the expenses incurred in rendering such determination. The fees shall be as follows: A fee, including consultant fees, shall be paid to the village in accordance with Part 617 of Title 6 of the New York Codes, Rules and Regulations. Where the village must prepare a final environmental impact statement, the fee charged shall be the actual cost incurred by the village.

§ 61-8 Procedures following determination of environmental significance.

A. 
If the village agency determines that the proposed action will not have a significant effect on the environment, the village agency shall prepare, file and circulate such determination as required by Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter.
B. 
If the village agency determines that the proposed action may have a significant effect on the environment, the village agency shall prepare, file and circulate such determination as required in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.

§ 61-9 Preparation of draft environmental impact statement.

Following a determination that a proposed action may have a significant effect on the environment, the village agency shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
A. 
In the case of an action involving an applicant, immediately notify the applicant of the determination and request that the applicant prepare a draft environmental impact statement.
B. 
In the case of an action not involving an applicant, prepare or cause to be prepared a draft environmental impact statement.
C. 
If the applicant decides not to submit an environmental impact statement the village agency shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that, by reason of the applicant's decision not to submit such statement, the application shall be deemed withdrawn and no further action will be taken thereon. The village agency may require an applicant to submit a fee to defray the cost to it of preparing a draft environmental impact statement and/or review of such statement if it is prepared by the applicant.
(1) 
Such fee shall be determined as follows:
(a) 
Actual cost of the preparation and filing of an environmental impact statement prepared by or at the request of the village.

§ 61-10 Notice of completion of draft environmental impact statement and public hearing.

A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the village agency, notice of completion containing the information specified in Section 617.7(d)[1] of Title 6 of the New York Codes, Rules and Regulations shall be prepared, filed and circulated as provided in Section 617.7(e) and (f)[2] of Title 6 of the New York Codes, Rules and Regulations. In addition such notice shall be published in the official newspaper of the village and a copy thereof shall also be posted on a signboard of the village. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6[3] of the New York Codes, Rules and Regulations.
[1]
Editor's Note: See now Section 617.6 of Title 6 of the New York Codes, Rules and Regulations.
[2]
Editor's Note: See now Section 617.6 of Title 6 of the New York Codes, Rules and Regulations.
[3]
Editor's Note: See now Section 617.6 of Title 6 of the New York Codes, Rules and Regulations.
B. 
In the event that the village agency determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official newspaper of the village at least ten (10) days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such contents shall be received. The hearing shall commence no less than fifteen (15) calendar days nor more than sixty (60) calendar days from the filing of the draft environmental impact statement, unless the village agency determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law.

§ 61-11 Processing of proposed action not significantly affecting environment.

If, on the basis of a draft environmental impact statement or a public hearing thereon, the village agency determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter.

§ 61-12 Final impact statement.

Except as otherwise provided herein, the village agency shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of New York Codes, Rules and Regulations, provided further that if the action involves an application, the village agency may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within forty-five (45) days after the close of any hearing or within sixty (60) days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the village agency may extend such time when necessary to adequately complete the statement or where problems identified with the proposed action require material reconsideration or modification. Where the action involves an application, such final environmental impact statement shall be accompanied by the fee specified in § 61-9C hereof to defray the expenses of the village in preparing and/or evaluating the same.

§ 61-13 Notice of completion of final environmental impact statement.

A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 61-10A hereof and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.

§ 61-14 Decision to approve or disapprove action's time limit.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement by a village agency or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the village agency has been the lead agency for an action, it shall make a decision whether or not to approve the action within thirty (30) days of the filing of the final environmental impact statement.

§ 61-15 Required findings in written determination.

When the village agency 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.
A. 
Consistent with social, economic and other essential considerations of state 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
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

§ 61-16 Access to records; filing of determination.

A. 
For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B. 
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 by a village agency.

§ 61-17 Actions involving more than one agency.

Where more than one (1) agency is involved in an action, the procedure of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.

§ 61-18 Actions exempt from provisions.

Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that if after such dates a village agency modifies an action undertaken or approved prior to that date and such agency 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 of Title 6 of the New York Codes, Rules and Regulations.

§ 61-19 Penalties for offenses.

Any person or persons, firm or corporation that violates any provisions of this chapter shall be punishable by a fine of not more than two hundred fifty dollars ($250.) nor less than twenty-five dollars ($25.) or imprisonment for a term of not more than fifteen (15) days, or both.