No decision to carry out or approve an action other than an action listed in §
117-3B hereof or Section 617.12 of Title 6 of NYCRR as a Type II action shall be made by the Board of Trustees or 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.
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.
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 the 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, if any, of the village and may also cause such notice to
be published in the official newspaper of the village, if any, or
in 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 Board of Trustees no later
than a date specified in such notice.
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.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in §
117-3B hereof or Section 617.12 of Title 6 of NYCRR 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 Section 617.7(b) of Title 6 of NYCRR, 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 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.
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 of 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, 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 same. The fee shall be determined as
follows: $10.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
117-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. 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 a 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;
and
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 of 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 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 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 of NYCRR.