[HISTORY: Adopted by the Board of Trustees of the Village of Lake
Success 8-15-1977 as L.L. No. 2-1977.
Amendments noted where applicable.]
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.
No decision to carry out or approve an action, other than an action listed in § 52-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by the Board of Trustees or by any department, board, commission, officer or employee of the village 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.
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.
A.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, the following actions, in
addition to those 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:
(1)
Construction of any nonresidential building or addition
containing more than one hundred thousand (100,000) square feet of gross floor
area.
(2)
Parking facilities, not on the premises of any building,
for more than twenty-five (25) cars.
(3)
Residential development containing three (3) or more
residences in an unsewered area or ten (10) or more residences in a sewered
area.
(4)
Regrading or clear-cutting of one (1) or more contiguous
acres with forest cover or any other vegetation, when not in conjunction with
an approved building plan.
B.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, the following actions, in
addition to those listed in Section 617.12 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:
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
Planning Board 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 provided herein shall be
known as a preliminary environmental assessment statement and shall be upon
a form prescribed by resolution by the Board of Trustees 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 Village Planning Board.
A.
The Village Planning Board 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 Planning Board. The determination
shall state whether such proposed action may or will not have a significant
effect on the environment. The Village Planning Board 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.
Every application for determination under this chapter shall be accompanied
by a reasonable fee to defray the expenses incurred in rendering such determination.
The fees shall be as set forth in the Schedule of Fees adopted by resolution
of the Board of Trustees.[1]
If the Village Planning Board determines that the proposed action is not an exempt action, not an action listed in § 52-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in 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. If the Village Planning Board determines that the proposed action may have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in 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.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Village Planning Board shall,
in accordance with the provisions of Part 617 of Title 6 of the New York Codes,
Rules and Regulations:
(1)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and shall require the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement; or
(2)
In the case of an action not involving an applicant,
prepare or cause to be prepared a draft environmental impact statement.
B.
If the applicant refuses to submit an environmental impact
report, the Board of Trustees shall prepare or cause to be prepared the draft
environmental impact statement or, in its discretion, notify the applicant
that the processing of the application will cease and that no approval will
be issued.
C.
The Board of Trustees may require an applicant to submit
a fee to defray the expense to it of preparing a draft environmental impact
statement or reviewing same if it is prepared by the applicant. Such fees
shall be as set forth in the Schedule of Fees adopted by resolution of the
Board of Trustees.[1]
Where more than one (1) agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes,
Rules and Regulations shall be followed.
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 governing body, or appropriate
department, board, commission, officer or employee, having jurisdiction modifies
an action undertaken or approved prior to that date and the Board of Trustees
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.