[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence 2-12-1979 by L.L. No. 2-1979. Amendments noted where applicable.]
Filled-in land — See Ch. 86.
Flood damage prevention — See Ch. 94.
Garbage, rubbish and refuse — See Ch. 106.
Sewers and cesspools — See Ch. 162.
Subdivision of land — Sec Ch. 182.
Zoning — See Ch. 212.
Editor's Note: Local Law No. 2-1979 superseded L.L. No. 3-1977, adopted 3-28-1977, which established previous environmental quality review procedures.
The purpose of this chapter is to implement SEQR and Part 617 for the Village of Lawrence.
The terms and words used in this chapter shall have the same meanings as such terms and words are defined in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning.
For the purposes of this chapter, the following terms shall have the following meanings:
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 chapter.
An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Village in connection with any Type I action such agency, board, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
An application for a permit for or funding of a Type I action shall be accompanied by an 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. In lieu of an EAF, the Village Board or a lead agency having authority to adopt its own regulations may adopt different procedures for reviewing the environmental significance of unlisted actions. The lead agency shall make a preliminary determination of the environmental significance of the action on the basis of the EAF or 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 the information it requires, whichever is later. For Type I actions, a determination of nonsignificance shall be noticed and filed as provided in Part 618.10(b); for unlisted actions, a determination of nonsignificance shall be sent to the applicant and maintained in accordance with Part 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 chapter.
The time of filing an application for approval or funding of an action shall commence to run from the date on which the preliminary determination of environmental nonsignificance is rendered or, if, in lieu of an EAF, the applicant prepares a draft EIS, from the date on which the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed as provided in Part 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 Part 617.6 and 617.7, except that, in the following Type I and unlisted actions, the lead agency shall be as provided herein:
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: the Village Board.
Construction or expansion of Village buildings, structures and facilities within the town not requiring a federal or state agency permit or approval: the Village Board.
Variances not requiring a federal or state agency permit or approval: the Zoning Board of Appeals.
Purchase, sale and lease of real property by the Village not requiring a federal or state permit or approval: the Village Board.
Planned unit development or cluster zoning not requiring a federal or state agency permit or approval: the Village Board.
Site plan review and special use permit not requiring a federal or state agency permit or approval: the Village Planning Board.
Construction or expansion of a nonresidential facility not requiring a federal or state agency permit or approval: the Village Building Inspector.
Parking lot not requiring a federal or state agency permit or approval: the Building Inspector.
The Village Attorney shall act as the Village clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be processed in accordance with Part 617.16.
The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be fixed from time to time by a resolution of the Village Board in accordance with the limitations of Part 617.17.
Critical areas of environmental concern may be designated by resolution of the Village Board in accordance with Part 617.4(j).