[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn
Harbor at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Amendments noted where applicable.]
Unless the context shall otherwise require, all 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
and 6 NYCRR 617.
The Planning Board of the Incorporated Village of Roslyn Harbor (hereinafter
referred to as the "Board") is hereby delegated the authority to implement
the provisions of this chapter and is authorized to adopt, promulgate, amend
and repeal rules and regulations governing its procedure and the transaction
of its business for the purpose of fully implementing the provisions of this
chapter. Such rules and regulations, and any amendment thereto, shall be subject
to approval by the Board of Trustees and, once approved, shall be made a part
of this Code with the same force and effect as all other laws of the Incorporated
Village of Roslyn Harbor.
No decision to carry out or approve an action, other than an action
listed in the rules and regulations of the Board as a Type II action or in
6 NYCRR 617.5 as a Type II action, or an action defined in 6 NYCRR 617.5 as
exempt, or defined in 6 NYCRR 617.5(c)(19) as ministerial, 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.
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.
Consistent with 6 NYCRR 617 and the criteria therein:
A.
Those actions likely to have a significant effect on
the environment, in addition to those listed in 6 NYCRR 617.4 as Type I actions,
shall be enumerated within the rules and regulations of the Board.
B.
Those actions deemed not to have significant effect on
the environment, in addition to those listed in 6 NYCRR 617.5 as Type II actions,
shall be enumerated within the rules and regulations of the Board.
For the purposes 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, except as otherwise provided in the rules and
regulations of the Board, shall file a written statement with the Board simultaneously
with the application for the action, upon a form prescribed by the rules and
regulations of the Board, setting forth the following:
A.
The name of the applicant.
B.
The location of the real property affected, if any.
C.
A description of the nature of the proposed action.
D.
The effect such action may have on the environment.
E.
Such additional information as regards the reason why,
in the applicant's view, a proposed action may or may not have a significant
effect on the environment.
F.
Such other relevant information as may be required by
the Board, including drawings, sketches, maps and other explanatory material.
Upon receipt of a complete application and a statement, as required,
the Board shall cause a notice thereof to be posted in a conspicuous place
in the office of the Village Clerk, describing the nature of the proposed
action and stating that written reviews thereon of any person shall be received
by the Board no later than a date specified in such notice.
A.
The Board shall render a written determination of such
application within 20 days following receipt of a complete application and
statement; provided, however, that such period may be extended by mutual agreement.
The determination shall state whether such proposed action is an exempt action
or a ministerial action, or whether such proposed action may or will not have
a significant effect on the environment. The Board 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.
To the extent possible, the time limitations provided
in this chapter shall be coordinated with other time limitations provided
by statute or other provisions of this Code.
The fee for such application shall be as determined by the Planning
Board. Such fee shall accompany each application, which shall be in writing
and shall be filed with the Board. The form for such application shall be
as prescribed by the Board.
If the Board or its duly appointed designee determines that the proposed
action is an exempt action, a ministerial action, a Type II action in the
rules and regulations of the Board or an action listed in 6 NYCRR 617.5 as
a Type II action, the proposed action may be processed without further regard
to this chapter.
If the Board determines that the proposed action is not a ministerial
action, not an exempt action, not an action listed as a Type II action in
the rules and regulations of the Board and not an action listed in 6 NYCRR
617.5 as a Type II action but that it will not have a significant effect on
the environment, the Board shall prepare, file and circulate such determination
as provided in 6 NYCRR 617.12, and thereafter the proposed action may be processed
without further regard to this chapter. If the Board determines that the proposed
action may have a significant effect on the environment, the Board shall prepare,
file and circulate such determination as provided in 6 NYCRR 617.12, and thereafter
the proposed action shall be reviewed and processed in accordance with the
provisions of this chapter and 6 NYCRR 617.
Following a determination that a proposed action may have a significant
effect on the environment, the Board shall, in accordance with the provisions
of 6 NYCRR 617:
A.
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.
B.
In the case of an action not involving an applicant,
prepare a draft environmental impact statement.
If the applicant decides not to submit an environmental impact statement,
the Board shall prepare or cause to be prepared the draft environmental impact
statement or, in its discretion, notify the applicant that the application
will not be further processed and no approval will be issued until said environmental
impact statement is submitted. The Board may require an applicant to submit
a fee, as determined by the Planning Board, to defray the expense to it of
preparing a draft environmental impact statement or reviewing the same if
it is prepared by the applicant.
A.
Notice of completion. Upon completion of a draft environmental
impact statement prepared by or at the request of the Board, a notice of completion
containing the information specified in 6 NYCRR 617.12(a) shall be prepared,
filed and circulated as provided in 6 NYCRR 617.12(b) and (c). Copies of the
draft environmental impact statement and the notice of completion shall be
filed, sent and made available as provided in 6 NYCRR 617.12(b) and (c).
B.
Public hearing. The Board may, in its discretion, determine to
hold a public hearing on a draft environmental impact statement. Notice of
such hearing 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 60 calendar days after the filing of the draft environmental impact
statement, except where the Board determines that additional time is necessary
for public or other agency review of the draft environmental impact statement
or where a different hearing date is required under other applicable law.
C.
Determination. If, on the basis of a draft environmental impact
statement or a public hearing thereon, the Board 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 shall prepare or cause
to be prepared a final environmental impact statement in accordance with the
provisions of 6 NYCRR 617; provided, however, that if the action involves
an application, the Board 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 first occurs;
provided, however, that the Board 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, the Board may require an applicant to submit a fee, as determined
by the Planning Board, to defray the expenses of the Village incurred in preparing
the final environmental impact statement or in reviewing and evaluating the
same if it is prepared by the applicant.
A.
Notice of completion. A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 117-12 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.
B.
Decision. No decision to carry out or approve an action which
has been the subject of a final environmental impact statement shall be made
by the Board of Trustees or by any department, board, commission, officer
or employee of the Village or by any other agency until after the filing and
consideration of the final environmental impact statement. Where the Board
has been the lead agency for an action (see 6 NYCRR 617.14), it shall make
a decision whether or not to approve the action within 30 days of the filing
of the final environmental impact statement.
The Board shall carry out or approve an action which may have a significant
effect on the environment only if it finds, in a written determination, that:
A.
Consistent with social, economic and other essential
considerations of state policy, the action to be carried out or approved is
one which minimizes or avoids, to the maximum extent practicable, adverse
environmental effects, including the effects disclosed in the relevant environmental
impact statements.
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 6 NYCRR 617.
The Village Clerk shall maintain files, available 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.
Where more than one agency is involved in an action, the procedures
of 6 NYCRR 617.14 and 617.9 shall be followed.
Actions undertaken or approved prior to the date 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 date the Board
of Trustees, or appropriate department, board, commission, officer or employee
having jurisdiction, modifies an action undertaken or approved prior to that
date and the 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.
