[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 3-28-1977 by L.L. No. 4-1977. 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 meanings 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 (NYCRR).
No decision to carry out or approve an action other than an action listed in § 27-3B hereof or 6 NYCRR 617.12 as a Type II[1] action shall be made by the Board of Trustees of the Village
until there has been full compliance with all requirements of this
chapter and Part 617 of Title 6 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.
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 NYCRR have been fulfilled.
[1]
Editor's Note: See now 617.5, Type II actions.
A.
Consistent with Part 617 of Title 6 NYCRR and the
criteria therein, the following actions, in addition to those listed
in 6 NYCRR 617.12[1] as Type I actions, are likely to have a significant effect
on the environment:
(1)
The construction of new or the alteration, rebuilding
or refurbishing of used car lots, body and fender shops, garages and
automobile repair shops and other businesses involved in the repair,
replacement and rebuilding of any motor vehicle, including motorcycles
or components thereof.
[1]
Editor's Note: See now 617.4, Type I actions.
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 Board of Trustees 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 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 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 Board of Trustees.
Upon receipt of a complete application and a
statement, the Board of Trustees shall cause a notice thereof to be
posted on the signboard of the Village maintained by the Village and
may also cause such notice to be published in the official newspaper
of the Village, describing the nature of the proposed action and stating
that written views thereon of any person shall be received by the
Board of Trustees no later than a date specified by such notice.
A.
The Board of Trustees shall render a written determination
on such application within 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 Board of
Trustees. The determination shall state whether such proposed action
may or will not have a significant effect on the environment. The
Board of Trustees 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, the 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 set forth in this
section to defray the expenses incurred in rendering such determination.
The fees shall be as follows: $10 shall be filed with the preliminary
environmental assessment statement; and such fee may be changed from
time to time by resolution of the Board of Trustees at an open public
meeting.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in § 27-3B hereof or 6 NYCRR 617.12[1] as a Type II action and that it will not have a significant
effect on the environment, the Board of Trustees shall prepare, file
and circulate such determination as provided in 6 NYCRR 617.7(b)[2] and thereafter the proposed action may be processed without
further regard to this chapter. If the Board of Trustees determines
that the proposed action may have a significant effect on the environment,
the Board of Trustees shall prepare, file and circulate such determination
as provided in 6 NYCRR 617.7(b), and thereafter the proposed action
shall be reviewed and processed in accordance with the provisions
of this chapter and Part 617 of Title 6 NYCRR.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Board of Trustees
shall, in accordance with the provisions of Part 617 of Title 6 NYCRR:
(1)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and shall request 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,
shall prepare a draft environmental impact statement.
B.
If the applicant decides not 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. 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 the same if it
is prepared by the applicant. Such fees shall be determined as follows:
The fee shall not exceed 1/2 of 1% of the action title cost to the
applicant, which is the fee as set forth under Part 617 of Title 6
NYCRR. Such fee may be changed from time to time by resolution of
the Board of Trustees at an open public meeting.
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the Village, a notice of completion
containing the information specified in 6 NYCRR 617.7(d) shall be
prepared, filed and circulated as provided in NYCRR 617.7(e) and (f).
In addition, it shall be published in the official newspaper and a
copy thereof shall also be posted on a signboard of the Village. Copies
of the draft environmental impact statement and the notice of completion
shall be filed, sent and made available as provided in 6 NYCRR 617.7(e)
and (f).[1]
[1]
Editor's Note: See now 617.12, Document preparation, filing,
publication and distribution.
B.
If the Board of Trustees determines to hold a public
hearing on a draft environmental impact statement, notice thereof
shall be filed, circulated and sent in the same manner as the notice
of completion and shall be published in the official newspaper of
the Village at least 10 days prior to such public hearing. Such notice
shall also state the place where substantive written comments on the
draft environmental impact statement may be sent and the date before
which such comments shall be received. The hearing shall commence
within no less than 15 calendar days nor more than 60 calendar days
of the filing of the draft environmental impact statement, except
as otherwise provided where the Board of Trustees determines that
additional time is necessary for the public or other agency review
of the draft environmental impact statement or where a different hearing
date is required as appropriate under other applicable law.
If, on the basis of a draft environmental impact
statement or a public hearing thereon, the Board of Trustees determines
that an action will not have a significant effect on the environment,
the proposed action may be processed without further regard to this
chapter.
Except as otherwise provided herein, the Board
of Trustees shall prepare or cause to be prepared a final environmental
impact statement in accordance with the provisions of Part 617 of
Title 6 NYCRR, provided further that if the action involves an application,
the Board of Trustees may direct the applicant to prepare the final
environmental impact statement. Such final environmental impact statement
shall be prepared within 45 days after the close of any hearing or
within 60 days after the filing of the draft environmental impact
statement, whichever last occurs; provided, however, that the Board
of Trustees may extend this time as necessary to complete the statement
adequately or where problems identified with the proposed action require
material reconsideration or modification. Where the action involves
an application, such final environmental impact statement shall be
accompanied by the fee specified in this section to defray the expenses
of the Village in preparing and/or evaluating the same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 27-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent, and copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
No decision to carry out or approve an action
which has been the subject of a final environmental impact statement
by the Board of Trustees or by any other agency shall be made until
after the filing and consideration of the final environmental impact
statement. Where the Board of Trustees 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 of Trustees 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.
Consistent with social, economic and other essential
considerations of state policy, 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 disclosed in the relevant environmental
impact statements.
B.
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 NYCRR.
The Village shall maintain files open for public
inspection of all notices of completion, draft and final environmental
impact statements and written determinations prepared or caused to
be prepared by the Board of Trustees.
Where more than one agency is involved in an
action, the procedures of 6 NYCRR 617.4 and 617.8[1] shall be followed.
[1]
Editor's Note: See now 617.14 and 617.9, respectively.
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 NYCRR; provided, however, that if, after such dates, the Board
of Trustees 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
NYCRR.
All ordinances, local laws or resolutions or
parts of ordinances, local laws or resolutions of the Village of Valley
Stream inconsistent with the provisions of this chapter are hereby
repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency, and in all respects this chapter shall
be in addition to other legislation regulating and governing the subject
matter covered by this chapter.
If any section, paragraph, subdivision or provisions
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole,
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
This chapter shall take effect immediately as
provided by law.
