Blasting — See Ch. 36.
Floodplains — See Ch. 55.
Subdivision of land — See Ch. 87.
Zoning — See Ch. 99.
§ 49-1Statement of purpose.
§ 49-2Definitions and word usage.
§ 49-3Compliance with regulations required.
§ 49-4Procedure for actions requiring environmental assessment.
§ 49-5Procedure for actions requiring environmental impact statement.
§ 49-6Determination of lead agency.
§ 49-7Environmental Review Officer.
§ 49-8Actions involving federal agency.
§ 49-10Areas of special concern.
§ 49-11Recommendations by Village Environmental Council; effect on time limit.
§ 49-12Classification of actions; exempt actions.
The purpose of this chapter is to implement for the Village of Manlius SEQR and Part 617.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
|EAF — Environmental assessment form.|
|EIS — Environmental Impact Statement.|
|PART 617 — The rules and regulations set forth in 6 NYCRR 617.|
|SEQR — The State Environmental Quality Review Act, as set forth in Article 8 of the Environmental Conservation Law.|
Word usage. The terms and words used in this chapter shall have the same meaning 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.
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 and Part 617 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 that 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. The Village Board shall prescribe the forms for the short and long form EAF.
An application for a permit or funding of a Type I action shall be accompanied by a long form 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 environmental significance of unlisted actions. The lead agency shall make a preliminary determination of environmental significance of the action on the basis of the EAF, 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 information it requires, whichever is later. For Type I actions a determination of nonsignificance shall be noticed and filed as provided in Part 617.10(b); for unlisted actions a determination of nonsignificance shall be sent to the applicant and maintained in accordance with Part 617.7(e) and 617.7(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 the preliminary determination of environmental nonsignificance is rendered or, if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
All applications to the lead agency shall include an environmental clearance statement on a form to be prescribed by the Village Board.
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 furnished 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: Village Board.
Construction or expansion of village buildings, structures and facilities within the village not requiring a federal or state agency permit or approval: Village Board.
Variance or Zoning Ordinance interpretation not requiring a federal or state agency permit or approval: Village Board of Zoning Appeals.
Purchase, sale and lease of real property by the village not requiring a federal or state agency permit or approval: Village Board.
Special use permits not requiring a federal or state agency permit or approval: Village Board.
Site development plan review and subdivision review not requiring a federal or state agency permit or approval: Village Planning Board.
Construction or expansion of a nonresidential facility not requiring a federal or state agency permit or approval: Village Building Inspector.
The Village Clerk or her designee is hereby designated as the Village Environmental Review Officer, whose responsibilities shall include attending to each notice requirement as specified in Part 617 and this chapter, maintaining village SEQR forms and files and, upon request from agencies and applicants, generally assisting in various SEQR matters, such as helping to identify other agencies that may be involved in approving, funding or carrying out Type I and unlisted actions, making recommendations on the designation of a lead agency and otherwise coordinating village SEQR compliance.
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 resolution of the Village Board. Part 617.17 prescribes limitations on the amount of fees. If the applicant prepares the EIS, the village may charge a fee for actual expenses of reviewing it, but if a village agency prepares an EIS on behalf of an applicant, it may charge a fee for the cost of preparing, including publication of notices, but not for the cost of professional review.
Critical areas of environmental concern may be designated by resolution of the Village Board in accordance with Part 617.4(j).
The lead agency may refer any application to the Village Environmental Council for its recommendations in advance of making any SEQR determination. Such referral shall extend any time limit set forth in Part 617 for an additional 20 days.