[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 3-9-1982 by L.L. No. 1-1982. Amendments noted where
applicable.]
The purpose of this chapter is to implement
for the Village of Shortsville SEQR and Part 617.
A.
The terms and words used in this chapter shall have
the same meanings as such terms and words are defined in Article 8
of the Environmental Conservation Law and Part 617, unless the context
requires a different meaning.
B.
EAF
EIS
PART 617
SEQR
For the purposes of this chapter, the following terms
shall have the following meanings:
The environmental assessment form.
The environmental impact statement, Village of Shortsville.
The rules and regulations set forth in 6 NYCRR 617.
The State Environmental Quality Review Act as set forth in
Article 8 of the Environmental Conservation Law.
No action, other than an exempt, excluded or
Type II action, shall be carried out, approved or funded by any agency,
board, body or officer of the Village, unless it has complied with
SEQR, Part 617 to the extent applicable and this chapter.
A.
An EAF shall be prepared by or on behalf of any agency,
board, body or officer of the Village in connection with any Type
I action such agency, board, body or officer contemplates or proposes
to carry out directly. For an unlisted action, an EAF in a short or
long form may be prepared to facilitate a preliminary determination
of environmental significance.
B.
An application for permit or funding of a Type I action
shall be accompanied by an EAF and for an unlisted action may be accompanied
by a short or long form EAF as may be needed to assist the lead agency
in making a preliminary determination of environmental significance.
An applicant may prepare a draft EIS to accompany the application
in place of the EAF. In lieu of an EAF, the Village Board or a lead
agency having authority to adopt its own regulations may adopt different
procedures for reviewing environmental significance of unlisted actions.
The lead agency shall make a preliminary determination of environmental
significance of the action on the basis of the EAF, draft EIS or with
respect to unlisted actions in accordance with its own procedures,
as the case may be, and such other information it requires. Such determination
shall be made within 20 days of its designation as lead agency or
within 20 days of its receipt of all information it requires, whichever
is later. For Type I actions, a determination of nonsignificance shall
be noticed and filed as provided in Part 617.12 of the New York Codes,
Rules and Regulations; for unlisted actions a determination of nonsignificance
shall be sent to the applicant and maintained in accordance with Part
617.12 of the New York Codes, Rules and Regulations. After a determination
of nonsignificance, the action, including one involving a permit or
funding, shall be processed without further regard to SEQR, Part 617
or this chapter.
[Amended 1-8-2002 by L.L. No. 1-2002]
C.
The time of filing an application for approval or
funding of an action shall commence to run from the date the preliminary
determination of environmental nonsignificance is rendered or, if
in lieu of an EAF the applicant prepares a draft EIS, from the date
the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is
required, it shall proceed as provided in Part 617.9, 617.11 and 617.12
of the New York Codes, Rules and Regulations. Commencing with the
acceptance of the draft EIS, the time limitation for processing the
EIS shall run concurrently with the time limitations applicable to
processing the application for approval or funding of the action,
and a public hearing on the draft EIS, if any, shall be held concurrently
with any hearing to be held on such application. The draft EIS shall
be prepared by the applicant. Failure of the applicant to prepare
an EIS acceptable to the lead agency shall, at the option of the lead
agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated
as provided in Part 617.6, 617.7 and 617.8 of the New York Codes,
Rules and Regulations, except that in the following Type I and unlisted
actions the lead agency shall be as provided herein:
A.
Adoption, amendment or change in zoning regulations
not requiring a federal or state agency permit or approval: the Village
Board.
B.
Construction or expansions of Village buildings, structures
and facilities within the Village not requiring a federal or state
agency permit or approval: the Village Board.
C.
Variances not requiring a federal or state agency
permit or approval: the Zoning Board of Appeals.
D.
Purchase, sale and lease of real property by the Village,
not requiring a federal or state agency permit or approval: the Village
Board.
E.
Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: the Village Planning
Board (if the Planning Board has been given this authority).
F.
Site plan review and special use permit not requiring
a federal or state agency permit or approval: Village Planning Board.
G.
Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: the Building
Inspector.
H.
Parking lot not requiring a federal or state agency
permit or approval: the Building Inspector.
In all cases other than those specified in § 45-6, the Planning Board shall act as the lead agency.
Environmental review of actions involving a
federal agency shall be processed in accordance with Part 617.15 of
the New York Codes, Rules and Regulations.
The fees for review or preparation of an EIS
involving an applicant for approval or funding of an action shall
be fixed from time to time by a resolution of the Village Board.
[Amended 1-8-2002 by L.L. No. 1-2002]
Critical environmental areas may be designated
by resolution of the Village Board in accordance with Part 617.14(g)
of the New York Codes, Rules and Regulations.