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