[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue 3-28-1977 by L.L. No. 12-1977; amended in its entirety 6-10-2004 by L.L. No.
5-2004 (Ch. 43 of the 1968 Code). Subsequent amendments
noted where applicable.]
This chapter is enacted pursuant to the powers
granted in Article 8 of the Environmental Conservation Law, the State
Environmental Quality Review Act, and the regulations promulgated
thereunder, 6 New York Code of Rules and Regulations Part 617, for
local agency review of actions which are to be undertaken or approved
and which may have an impact on the environment in and around the
Incorporated Village of Patchogue.
No permit shall be issued by any Village officer,
employee or agency having jurisdiction of same without a determination
first having been made, as required pursuant to the State Environmental
Quality Review Act (SEQRA), Article 8 of the Environmental Conservation
Law (ECL), and its implementing regulations, Volume 6 of the New York
Code of Rules and Regulations (NYCRR), Part 617, by the officer, employee
or agency responsible for issuing the permit, which such officer,
employee or agency shall be referred to as the "lead agency." The
"Definitions" of Section 617.2, NYCRR, and the "General rules" provided
in Section 617.3, NYCRR, are adopted herein by reference.
A.
For the purposes of this section, the reference to
the word "permit" shall include any and all other types of official
approvals and sanctions, including but not limited to the granting
of changes of zone, variances, etc.
B.
Those actions defined as both "Type I" and "Type II"
actions in Sections 617.4 and 617.5 of the NYCRR shall be adopted
by reference as Type I and Type II actions of the Village. The Planning
Board and the Zoning Board of the Village of Patchogue may recommend
and advise the Village Board on the adoption of additional actions
they request be included herein as Type I actions and/or as Type II
actions, which such recommendations shall become effective only upon
modification of this chapter by the Village Board.
C.
Upon the making of any application for a permit to
any Village officer or agency concerning real property, the reviewing
officer shall indicate whether or not the action to be taken under
the permit will or is likely to have a significant adverse effect
upon the environment.
In the event that any Village officer, employee
or agency shall determine that a proposed matter constitutes a Type
I action, or an action that constitutes an unlisted action that requires
coordination with another Village agency or agency outside of the
Village, establishment of a lead agency and the coordinated of review
of the matter shall occur in accordance with Section 617.6, NYCRR.
A.
The initiation of environmental review by any Village
officer, employee or agency shall be performed in accordance with
Section 617.6, NYCRR. In the event that a coordinated review is not
required or otherwise initiated under Section 617.6(a) and 617.6(b), the continued review and a determination of significance shall
be performed in accordance with Section 617.7, NYCRR.[1]
B.
In the event that the lead agency shall determine
that an environmental impact statement (EIS) is required for the matter,
a public scoping of the potentially adverse environmental impacts
of the project shall be initiated in accordance with Section 617.8,
NYCRR.
C.
Upon the completion of the public scoping process,
and should an EIS be required, the procedures of Section 617.9, NYCRR,
shall apply.
D.
All related procedures identified in Sections 617.10
("Generic environmental impact statements"); 617.11 ("Decision-making
and findings requirements"); 617.12 ("Document preparation, filing,
publication and distribution"); 617.14 ("Individual agency procedures
to implement SEQR"); as well as Section 617.15 ("Actions involving
a Federal agency"), shall be followed by lead agencies of the Village.
A.
In accordance with the provisions of Section 617.13,
NYCRR, the Village Clerk shall recommend, with the advice or recommendation
of the Planning Board and/or Zoning Board of Appeals, a schedule of
fees and costs, which such fees and costs may be adjusted as deemed
necessary by resolution of the Village Board.
B.
Appeal procedure. In the event that a dispute arises
between an applicant and the Village regarding the appropriateness
of fees imposed under this section, the Village Treasurer shall prepare
a written response to any written request filed by the applicant as
to why the fees have been imposed, or in response to any allegation
that such fees are inequitable, as is required by Section 617.13(f),
NYCRR.
