[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence
2-12-1979 by L.L. No. 2-1979.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
Editor's Note: Local Law No. 2-1979 superseded L.L. No. 3-1977, adopted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.
A.
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.
B.
For the purposes of this chapter, the following terms
shall have the following meanings:
EAF — Environmental assessment form.
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EIS — Environmental impact statement.
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PART 617 — The rules and regulations set forth in 6
NYCRR 617.
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SEQR — The State Environmental Quality Review Act as
set forth in Article 8 of the Environmental Conservation Law.
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VILLAGE — The Village of Lawrence.
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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.
A.
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.
B.
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.
C.
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:
A.
Adoption, amendment or change in zoning regulations not
requiring a federal or state agency permit or approval: the Village Board.
B.
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.
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 permit or approval: the Village Board.
E.
Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: the Village Board.
F.
Site plan review and special use permit not requiring
a federal or state agency permit or approval: the Village Planning Board.
G.
Construction or expansion of a nonresidential facility
not requiring a federal or state agency permit or approval: the Village Building
Inspector.
H.
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).