[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken 3-7-1977
by L.L. No. 2-1977. Amendments noted where applicable.]
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this chapter shall have the same
meanings as those defined in § 8-0105 of the Environmental Conservation
Law of the State of New York and Part 617 of Title 6 of the New York Codes,
Rules and Regulations.
A.
No decision to carry out or approve an action not involving an application, other than an action listed in § 61-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by the Board of Trustees of the village or by any officer, department, board, commission or employee of the village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B.
No application seeking approval of a permit, decision, resolution, variance or certificate and the like for an action, other than an action listed in § 61-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations, shall be accepted for filing by the Board of Trustees of the village or by any officer, department, board, commission or employee of the village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
C.
(1)
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, Board of Trustees or an officer, department, board, commission
or employee of the village to approve, commence or engage in such action;
or
(2)
The granting of any part of an application which refers
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 the New York Codes,
Rules and Regulations have been fulfilled.
A.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, the following actions, in
addition to those listed in Section 617.12 of Title 6 of the New York Codes,
Rules and Regulations as Type I actions, are likely to have a significant
effect on the environment:
(1)
An application to the Village Planning Board for subdivision
or resubdivision approval, as the same is defined by the Code of the village.
(2)
An application to the Board of Zoning Appeals of the
village for a use variance of any of the use provisions of the Zoning Ordinance
of the village.
(3)
An application for the demolition or removal of a structure
or building located within 1,000 feet of mean high water made pursuant to
the Code of the village.
(4)
An application for burning of a structure or building
made to the Superintendent of Buildings of the village.
[Amended 6-4-1990 by L.L. No. 2-1990]
B.
Consistent with Part 617 of Title 6 of the New York Codes,
Rules and Regulations and the criteria therein, the following actions, in
addition to those listed in Section 617.12 of Title 6 of the New York Codes,
Rules and Regulations as Type II actions, are deemed not to have a significant
effect on the environment:
(1)
An application for a building permit for the development
of real property other than a subdivision or resubdivision as the same is
defined by the Code of the village.
(2)
An application for an area variance made to the Board
of Zoning Appeals pursuant to the Code of the village, unless the same is
to facilitate a Type I action as the same is set forth in Section 617.12 of
Title 6 of the New York Codes, Rules and Regulations.
(3)
An appeal to the Board of Zoning Appeals from the determination
of the Superintendent of Buildings of the village, except when such appeal
is to facilitate a Type I action.
[Amended 6-4-1990 by L.L. No. 2-1990]
A.
For the purposes of this chapter and to reduce the possibility
of multiple jurisdiction, the Board of Trustees of the Village of Asharoken
is herewith charged with the responsibility of enforcement and administration
of this chapter.
B.
The Board of Trustees shall be deemed in all cases to
be the lead agency as the same is described in Section 617.4 of Title 6 of
the New York Codes, Rules and Regulations.
C.
The Board of Trustees may adopt rules and regulations
if it deems the same as necessary to assist in the enforcement and administration
of this chapter.
D.
The Village Board of Trustees is herewith authorized
to employ a professional engineer to assist in carrying out the provisions
of this chapter.
A.
For the purpose of assisting in the determination of whether an action, as described in § 61-2B hereof, 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 Board of Trustees. All actions not involving an application as set forth in § 61-2A hereof shall also be subject to the following procedures. The written statement shall set 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, a detailed statement of the reasons why a proposed action may or will not have a significant effect on the environment may be included in this written statement. 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 Village Board of Trustees and shall contain such additional relevant information as shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Village Board of Trustees.
B.
Upon receipt of a complete application and a statement,
the Village 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
describing the nature of the proposed action and stating that written views
thereon of any person shall be received by the Village Board of Trustees no
later than a date specified in such notice.
C.
The Village 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 in an action as described under § 61-2B hereof by mutual agreement of the applicant and the Village Board of Trustees. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Village 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.
D.
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.
E.
Every application for determination under this chapter arising under § 61-2B hereof shall be accompanied by a reasonable fee set forth in this section to defray the expenses incurred in rendering such determination.
[Amended 10-4-1999 by L.L. No. 1-1999]
F.
If the Village Board of Trustees determines that the proposed action is not an exempt action, not an action listed in § 61-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Village Board of Trustees shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the Village Board of Trustees, upon the review and analysis of the Village Engineer, determines that the proposed action may have a significant effect on the environment, the Village Board of Trustees shall prepare, file and circulate such determination as provided in Section 617.17(b) of Title 6 of the New York Codes, Rules and Regulations, 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 the New York Codes, Rules and Regulations.
Following a determination that a proposed action may have a significant
effect on the environment, the Village Board of Trustees shall, in accordance
with the provisions of Part 617 of Title 6 of the New York Codes, Rules and
Regulations:
A.
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.
B.
In the case of an action not involving an applicant, prepare a draft environmental impact statement. If the applicant, in an action arising under § 61-2B hereof, decides not to submit an environmental impact report, the Village 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.
[Amended 10-4-1999 by L.L. No. 1-1999]
C.
Pursuant to applicable state regulations, there is hereby
imposed, upon each and every applicant for a determination by either the Village
Board of Trustees or the Planning Board as lead agency under the State Environmental
Quality Review Act (SEQRA), a fee to recover the actual cost of preparation
of an environmental impact statement (EIS) and/or review of an EIS presented
by an applicant. In either event, the fee shall be equal to the actual cost
to the village in time and support facilities incurred by each specific application.
No fee shall exceed 2% of the total project cost as defined in Section 617.17(b)
of Title 6 of the New York Codes, Rules and Regulations for residential projects,
or 1/2 of 1% of the total project cost as defined in Section 617.17(c) of
Title 6 of the New York Codes, Rules and Regulations for nonresidential projects.
[Added 10-4-1999 by L.L. No. 1-1999]
D.
The Planning Board shall, with the assistance of the
Building Inspector, formulate policies and procedures to properly assess the
actual cost to the village of EIS preparation and review.
[Added 10-4-1999 by L.L. No. 1-1999]
E.
An applicant may dispute the fee assessment by submitting
a written request for an explanation. The request, the fee assessment and
other pertinent documentation shall be forwarded to the Building Inspector
for the village for a determination. Upon review by the Building Inspector,
the Building Inspector shall give the applicant a written determination setting
forth reasons why the applicant's claims are valid or invalid in whole or
in part. The determination by the Building Inspector shall constitute a final
administrative determination of the fees and costs. Such appeal procedure
shall not interfere with or cause a delay in the EIS process or prohibit action
from being undertaken.
[Added 10-4-1999 by L.L. No. 1-1999]
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the Village Board of Trustees, a notice of
completion containing the information specified in Section 617.7(d) of Title
six of the New York Codes, Rules and Regulations shall be prepared, filed
and circulated as provided in Section 617.7(e) and (f) of Title six of the
New York Codes, Rules and Regulations. In addition, it shall be published
in the official newspaper, if any, of 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 617.17(e) and (f) of Title six of the New
York Codes, Rules and Regulations.
B.
If the Village 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 at least 14
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 45 calendar
days from the filing of the draft environmental impact statement, except as
otherwise provided where the Village Board of Trustees determines by resolution
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.
[Amended 6-4-1990 by L.L. No. 2-1990]
C.
If, on the basis of a draft environmental impact statement
or a public hearing thereon, the Village 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.
A.
Except as otherwise provided herein, the Village 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 six of the New York Code, Rules and Regulations; provided further that if the action involves an application arising under § 61-2B hereof, the Village 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 Village Board of Trustees may extend this time by resolution 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 arising under § 61-2B hereof, 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. Such fees shall be assessed and imposed pursuant to § 61-6C herein.
[Amended 10-4-1999 by L.L. No. 1-1999]
B.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 61-9 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.
C.
No decision to carry out or approve an action which has
been the subject of a final environmental impact statement by the Village
Board of Trustees or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement.
A.
When the Village Board of Trustees decides to approve
an action which may have a significant effect on the environment, it shall
make the following findings in a written determination:
(1)
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
(2)
All practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse environmental effects.
B.
For public information purposes, a copy of the determination
shall be filed and made available as provided in Part 617 of Title six of
the New York Codes, Rules and Regulations.
C.
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 Village
Board of Trustees.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Title six of the New York Codes, Rules and
Regulations shall be followed.
Actions undertaken or approved prior to the dates specified in Article
Eight of the Environmental Conservation Law for local agencies shall be exempt
from this chapter and the provisions of Article Eight of the Environmental
Conservation Law and Part 617 of Title six of the New York Codes, Rules and
Regulations; provided, however, that if, after such dates, the Board of Trustees,
officer, board, department, commission or employee of the village modifies
an action undertaken or approved prior to that date and the Village 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 six of the New York Codes, Rules and Regulations.
For the purposes of this chapter, an action including a subdivision or resubdivision
which has been preliminarily approved by the Village Board of Trustees, shall
not be deemed approved as hereinabove set forth.
