No decision to carry out or approve an action, other than an exempt action or an action listed in §
136-3B hereof or Section 617.12 of Title 6 of NYCRR as a Type II action, shall be made 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 NYCRR; 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 NYCRR have been
fulfilled.
[Amended 4-23-1979 by L.L.
No. 6-1979]
A. The actions listed in Section 617.12 of the regulations
known as "Title 6 of NYCRR," as amended by the Department of Environmental
Conservation, effective November 1, 1978, as Type I actions are hereby deemed
likely to have a significant effect on the environment.
B. The actions listed in Section 617.13 of the regulations
known as "Title 6 of NYCRR," as amended by the Department of Environmental
Conservation, effective November 1, 1978, as Type II actions are hereby deemed
not to have a significant effect on the environment.
The Commission shall require an applicant to submit a fee to defray the expense to it of reviewing the PEAS. Such fees shall be determined as set forth in §
136-23 hereof. Upon the payment of the required fee, the receipt of the file and receipt of the PEAS, if it was requested and/or prepared subsequent to the file being forwarded to the Commission, the Commission shall cause a notice to be posted on a signboard of and maintained by the village and may also cause such notice to be published in the official newspaper of the village, if any, or, if none, a newspaper having general circulation within the village, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the appropriate department, board, commission, officer or employee no later than a date specified in such notice.
The Commission shall thereafter consider the application within 15 days after the filing of all the required papers and fees, unless such time is extended with the consent of the applicant, and report to the Board whether, in its opinion, the proposed action is an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in §
136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action and whether or not such action may or will have a significant effect on the environment.
Within 30 days after the filing of all the required papers and fees,
unless such time is extended with the consent of the applicant, the Board
shall render a determination on the application.
A. If the Board shall determine that the proposed action is an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in §
136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action, the proposed action may be processed without further regard to this chapter.
B. If the Board shall determine that the proposed action is not an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in §
136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR as a Type II action, but is still such an action as will not have a significant effect on the environment, it shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of NYCRR and thereafter the proposed action may be processed without further regard to this chapter.
C. If the Board shall determine that the proposed action
may have a significant effect on the environment, the Board shall prepare,
file and circulate such determination as provided in Section 617.7(b) of Title
6 of NYCRR 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 NYCRR.
The Commission shall review the draft environmental impact statement
and, five days prior to the hearing, report to the Board whether or not, in
its opinion, the proposed action may or will have a significant effect on
the environment.
If, on the basis of a draft environmental impact statement, a Commission
report and a public hearing thereon, if any, the Board determines that an
action will not have a significant effect on the environment, the Board shall
prepare, file and circulate such determination as provided in Section 617.7(b)
of Title 6 of NYCRR and thereafter the proposed action may be processed without
further regard to this chapter.
The Commission shall review the final environmental impact statement
and, within 15 days after the filing of the final environmental impact statement,
report to the Board whether or not, in its opinion, the proposed action may
or will have a significant effect on the environment.
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement by the Board or by any other agency
shall be made until after the filing and consideration of the final environmental
impact statement. Where the Board has been the lead agency for an action,
it shall make a decision whether or not to approve the action within 30 days
of the filing of the final environmental impact statement.
When the Board 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. That, consistent with social, economic and other essential
considerations, 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 revealed
in the relevant environmental impact statement process; and
B. That all practicable means will be taken in carrying
out or approving the action to minimize or avoid adverse environmental effects.
For public information purposes, a copy of the determination shall be
filed and made available as provided in Part 617 of Title 6 of NYCRR.
The Clerk of the village shall maintain files open for public inspection
of all notices of completion, environmental impact reports, draft and final
environmental impact statements and written determinations prepared or caused
to be prepared by the Board.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR 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 NYCRR; provided, however, that if after such dates the appropriate department, board, commission, officer or employee modifies an action undertaken or approved prior to that date and the appropriate department, board, commission, officer or employee determines that the modification is not an action which is an exempt action as provided in Section 617.13(h) of Title 6 of NYCRR, an action listed in §
136-3B hereof or an action listed in Section 617.12 of Title 6 of NYCRR, as a Type II action, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR.