[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn
Estates 4-4-1977 by L.L. No. 3-1977. Amendments
noted where applicable.]
No decision to carry out or approve an action other than an action listed
in Section 617.5 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; 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 Part 617 of Title 6 of NYCRR have been
fulfilled.[2]
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 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 Board of Trustees no later than a date specified in 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, other 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 on filing of preliminary environmental
assessment statement shall be calculated in accordance with 6 NYCRR 617.13.
If the Board of Trustees determines that the proposed action is not
an exempt action, not an action listed in Section 617.5 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.
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 of NYCRR:
(1)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and 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,
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. The fees
shall be calculated in accordance with 6 NYCRR 617.13.[1]
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 Section 617.12(a) of Title 6 of NYCRR shall be
prepared, filed and circulated as provided in Section 617.12(b) and (c) of
Title 6 of NYCRR. In addition, it shall be published in the official newspaper,
if any, of the village or, if none, a newspaper having general circulation
within the village, 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
Section 617.12(b) and (c) of Title 6 of NYCRR.[1]
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, if any, or,
if none, in a newspaper having general circulation within 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 no less than 15 calendar days nor more than 60 calendar
days from 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 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, 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.
The fees shall be calculated in accordance with 6 NYCRR 617.13.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 49-9 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 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; 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 617.14 and 617.9 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.