[HISTORY: Adopted by the Board of Trustees of the Village
of Depew 3-5-1979 by L.L. No. 2-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
The purpose of this chapter is to implement for the Village
of Depew SEQR and Part 617.
A.
General. The terms and words used in this chapter shall have the
same meaning 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.
Specific terms. The following terms shall have the following meanings:
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EAF — Environmental assessment form.
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EIS — Environmental impact statement.
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PART 617 — The rules and regulations set forth
in 6 NYCRR 617.
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SEQR — The State Environmental Quality Review
Act as set forth in Article 8 of the Environmental Conservation Law.
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VILLAGE — The Village of Depew.
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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 of Depew, unless it has complied with SEQR,
Part 617, to the extent applicable and this chapter.
A.
Preparation of EAF. An EAF shall be prepared by or on behalf of any
agency, board, body or officer of the Village of Depew 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.
Preliminary determination; time limit. 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 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 Planning Board or a lead agency having authority to adopt its
own regulations may adopt different procedure 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 nay be, and such other information
it requires. Such determination shall be made within 15 days of its
designation as lead agency or within 15 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 617.10(b); for unlisted actions a determination for nonsignificance
shall be sent to the applicant and maintained in accordance with Part
617.7(e) and 617.10(f). 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.
C.
Computation of time limit. 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 617.8, 617.9 and 617.10. Commencing with
the acceptance of the draft EIS, the time limitation for 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 by 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 and 617.7, except that in the following Type I and unlisted
actions the lead agency shall be as provided herein[1]:
A.
Adoption, amendment or change in zoning regulations not requiring
a federal or state agency permit or approval: the Village Board.
B.
Construction or expansion 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:
Zoning Board of Appeals.
D.
Purchase, sale and lease of real property by the Village of Depew,
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: Village Planning Board.
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: Village Planning Board.
H.
Parking lot not requiring a federal or state agency permit or approval
- Village Planning Board.
[1]
Editor's Note: The list of lead agencies in this section
is not intended to indicate a complete or ironclad predetermination
of lead agencies within the municipality, but rather to serve as an
example. Lead agencies will emerge through normal processing of actions,
by agreement and by designation of the Environmental Conservation
Commissioner. Thus, the list could change.
The Planning Board shall act as the Village clearinghouse for
lead agency designation. Such clearinghouse shall assist agencies
and applicants to identify other agencies, including federal and state,
that may be involved in approving, funding or carrying out Type I
and unlisted actions. The clearinghouse shall also make recommendations
on the designation of a lead agency.
Environmental review of actions involving a federal agency shall
be processed in accordance with Part 617.16.
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.
Critical areas of environmental concern may be designated by
resolution of the Village Board in accordance with Part 617.4(j).
The following are deemed Type I actions in addition to those
set forth in Part 617.12: None.
The following are deemed Type II actions in addition to those
set forth in Part 617.13: None.
