Village of Middleport, NY Chapter 88 Environmental Quality Review

[HISTORY: Adopted by the Board of Trustees of the Village of Middleport 5-23-1977 by L.L. No. 1-1977. Amendments noted where applicable.]

§ 88-1 Definitions.

Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and 6 NYCRR 617.

ENVIRONMENTAL QUALITY REVIEW OFFICER

The Zoning Enforcement Officer of the Village of Middleport or such other department, board, commission, officer or employee as may be determined by resolution of the Board of Trustees.

VILLAGE

The Board of Trustees of the Village of Middleport.

§ 88-2 Compliance required.

No decision to carry out or approve an action, other than an action listed in § 88-3B hereof or 6 NYCRR 617.12 as 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 6 NYCRR 617; 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 6 NYCRR 617 have been fulfilled.

§ 88-3 Type I and Type II actions.

A. Consistent with 6 NYCRR 617 and the criteria therein, all actions listed in 6 NYCRR 617.12 as Type I actions are deemed likely to have a significant effect on the environment.

B. Consistent with 6 NYCRR 617 and the criteria therein, all actions listed in 6 NYCRR 617.12 as Type II actions and the following actions in addition to those listed under said section are deemed not to have a significant effect on the environment:

(1) The issuance of building permits pursuant to the Chapter 200, Zoning, in its present form, or as the same may be amended or replaced in the future.

(2) The maintenance, clearing, cleaning and repairing or replacing of ditches, drainage and sewer systems within the village which are in existence as of the date of this chapter.

(3) The review and approval of subdivisions of the Village of Middleport Planning Board which do not fall within those actions listed in 6 NYCRR 617.12 as Type I actions.

(4) Actions by the Village of Middleport Zoning Board of Appeals consisting of the granting of variances or special use permits, unless a determination is made by the Zoning Board of Appeals that the action will have a significant effect on the environment, as well as the extension of water and sewer lines within the village.

(5) Acquisition of land for and construction and maintenance of recreational facilities within the village, provided that no buildings or structure is placed thereon which is designed to contain more trial 500 people.

C. Consistent with 6 NYCRR 617 and the criteria therein, the lists in this section are not all inclusive. The Environmental Quality Review Officer shall determine the significance with respect to actions not listed in this section pursuant to the criteria set forth in 6 NYCRR 617.9 and 6 NYCRR 617.10 and the criteria therein.

§ 88-4 Written statement to be filed.

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 Village Environmental Quality Review Officer 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 the Village Environmental Quality Review Officer 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 Village Environmental Quality Review Officer.

§ 88-5 Notice.

Upon receipt of a complete application and a statement, the Village Environmental Quality Review Officer shall cause a notice thereof to be posted on the signboard, if any, of the village maintained by 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 Village Environmental Quality Review Officer no later than a date specified in such notice.

§ 88-6 Determinations.

A. Written determination.

(1) The Village Environmental Quality Review Officer 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 Village Environmental Quality Review Officer. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Village Environmental Quality Review Officer may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding in making a determination on the application.

(2) The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the village.

B. 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: The fee to be charged shall be 1/2 of 1% of the actions total cost to the applicant, in order to recover the cost of preparing and reviewing the environmental impact statements.

C. If the Village Environmental Quality Review Officer determines that the proposed action is not an exempt action, not an action listed in § 88-3B hereof or 6 NYCRR 617.12 as a Type II action and that it will not have a significant effect on the environment, the Village Environmental Quality Review Officer shall prepare, file and circulate such determination as provided in 6 NYCRR 617.7(b) and thereafter the proposed action may be processed without further regard to this chapter. If the Village Environmental Quality Review Officer determines that the proposed action may have a significant effect on the environment, the Village Environmental Quality Review Officer 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 6 NYCRR 617.

D. Following a determination that a proposed action may have a significant effect on the environment, the Village Environmental Quality Review Officer shall, in accordance with the provisions of 6 NYCRR 617:

(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. If the applicant decides not to submit an environmental impact report, the Village Environmental Quality Review Officer shall prepare or cause to be prepared the draft environmental impact statement or, in his discretion, notify the applicant that the processing of the application will cease and that no approval will be issued.

E. The Village Environmental Quality Review Officer may require an applicant to submit a fee to defray the expense to the village of preparing a draft environmental impact statement or reviewing the same if it is prepared by the applicant. The fee to be charged shall be 1/2 of 1% of the actions total cost to the applicant in order to recover costs of preparing and reviewing the environmental impact statements.

§ 88-7 Involvement by more than one agency.

Where more than one agency is involved in an action, the procedures of 6 NYCRR 617.4 and 617.8 shall be followed.

§ 88-8 Exemptions.

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 6 NYCRR 617; provided, however, that if after such dates a Village Board modifies an action undertaken or approved prior to that date and the Village Board determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and 6 NYCRR 617.

§ 88-9 Completed draft environmental impact statement.

Upon completion of a draft environmental impact statement prepared by or at the request of the village, the village shall follow the procedures in accordance with the provisions of 6 NYCRR 617 prior to proceeding with any action subject to this chapter or prior to the issuance of a permit or other approvals to any applicants pursuant to the rules, regulations, ordinances and local laws of the Town of Royalton.