[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 9-20-1977 by L.L. No. 1-1977. Amendments noted where
applicable.]
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter have the same meanings
as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of Title 6 of NYCRR.
No decision to carry out or approve an action other than an
action listed in Section 617.12 of Title 6 of NYCRR as a Type II action
shall be made by the Board of Trustees or 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.
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.
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 fee as set forth in the current Village Fee Schedule (see Chapter 83, Fees) to defray the expenses incurred in rendering such determination.
If the Board of Trustees determines that the proposed action
is not an exempt action, not an action listed in Section 617.12 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 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 shall request the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement.
(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.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 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
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.
