[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 5-16-1985 by L.L. No. 2-1985; amended in its entirety 3-21-1989 by L.L. No. 1-1989. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Environmental Quality Review Law" (for review of actions which may have a significant effect on the environment).
The purpose of this chapter is to implement for the Village of Nissequogue the State Environmental Quality Review Act (SEQRA) and Part 617 of the New York Codes, Rules and Regulations (Part 617) and to ensure that actions within the village will be consistent with the policies and purposes of the Local Waterfront Revitalization Program (LWRP) of the Village of Nissequogue and the Village of Head-of-the-Harbor. The LWRP is on file in the office of the Village Clerk.
Editor's Note: See the Environmental Conservation Law § 8-0101 et seq.
This chapter is adopted pursuant to the New York State Environmental Conservation Law providing for environmental quality review of actions which may have a significant effect on the environment to implement the provisions of SEQRA and Article 42 of the Executive Law with respect to waterfront revitalization and coastal resources.
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in the New York State Environmental Conservation Law and NYCRR.
No decision to carry out or approve an action, other than an action listed as Type II action, 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 the NYCRR for SEQRA; provided, however, that nothing herein shall be construed as prohibiting:
The conducting of contemporaneous environmental, engineering, economic feasibility or other studies and preliminary planning and budgetary processes necessary for the formulation of a proposal for action which do not commit the village to approve, commence or engage in such action; or
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 the NYCRR for SEQRA have been fulfilled.
Consistent with the NYCRR for SEQRA and the criteria therein, the following actions, in addition to those listed in the NYCRR as Type I actions, are likely to have a significant effect on the environment:
The granting of permits, funding or construction of new [or expansion by more than 50% of existing size, square footage or usage of existing] facilities as follows:
Public institutions, such as hospitals, schools and institutions of higher learning and churches and correction facilities and office centers.
Road or highway sections, including bridges.
Parking facilities or other facilities with an associated parking area for five or more cars.
Any facility, development or project which is to be directly located in one of the following critical areas:
Any facility, development or project having an impact on any historic or prehistoric district, buildings, structure or site.
Any facility, development or project which would generate more than ten-vehicle trips per any hour or more than twenty-five-vehicle trips per any eight-hour period.
Any facility, development or project which would use ground or surface water excessively.
Any publicly or privately owned sewage treatment works.
A residential development or any alteration, addition or demolition of an historic structure or in an historic district.
Any lakes, ponds and all other substantial bodies of water with a water surface.
Any development, project or permanent facility of a nonagricultural use on agricultural lands which requires a permit.
The process, exhaust and/or ventilation systems emitting air contaminants.
The process, exhaust and/or ventilation systems from which the total emission rate is excessive.
The application of pesticides or herbicides over more than 200 contiguous acres.
The clearcutting or clearing of 3/4 acre of forest cover or vegetation, other than for crops or for expansion of existing farmlands.
Acquisition or sale of land by a public agency.
Consistent with NYCRR and the criteria therein, the following actions, in addition to those listed in the NYCRR as Type II actions, are deemed not to have a significant effect on the environment, although the following actions are subject to the village bylaws, village procedure and village laws and are subject to review by the Planning Board, Architectural Review Board and other special committees appointed by the village:
Normal agricultural farm management practices.
The operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
The restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 50% of its existing size, square footage or usage, except of historic structures or of structures in historic districts.
The repaving of existing highways not involving widening.
Street openings for the purpose of repair or maintenance of existing utility facilities.
The installation of traffic control devices on existing streets, roads and highways, other than multiple fixtures on long stretches.
The mapping of existing roads, streets, highways, uses, ownership patterns and the like.
The sale of surplus government property, other than land, radioactive material, pesticides, herbicides or other hazardous materials.
Collective bargaining activities.
Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities.
Investments by or on behalf of agencies or pensions or retirement systems.
Actions which are necessary for the protection and preservation of life, health, property or natural resources.
The granting of a building permit, except for historic structures or sites or in historic districts.
A routine administration and management of agency functions not including new programs or major reordering of priorities.
The construction or alteration of a residence, other than an historic structure, and necessary accessory uses or structures not in conjunction with the construction or alteration of two or more such residences and not in one of the critical areas described for nonexempt actions [§ 62-6A(5) in Type I Actions].
The extension of utility facilities to serve new or altered single or residential structures.
Actions involving individual setback and lot line variances and the like.
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 with the Planning Board a detailed written statement and the short environmental assessment form (hereinafter "SEAF") which 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, the effect it may have on the environment and the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. The statement and SEAF shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Board of Trustees of the village.
[Amended 9-19-1989 by L.L. No. 8-1989; 6-27-1991 by L.L. No. 8-1991]
In the Local Waterfront Revitalization Areas (LWRA) of the village, applicants for permits or other approvals shall file a detailed written statement, the environmental assessment form (EAF) and the coastal assessment form (CAF) with the Joint Village Coastal Management Commission of Nissequogue and Head-of-the-Harbor, in order for the Commission to determine whether the proposed action is consistent with the LWRP policy standards. There shall be full compliance with all the requirements of the Coastal Consistency Review Law of the Village (Chapter 53 of the Code of the Village of Nissequogue).
[Amended 6-27-1991 by L.L. No. 8-1991]
Action to be directly undertaken, funded or approved by any board, department, office or officer of the village shall be consistent to the maximum extent practicable with the policy standards, policies and purposes of the LWRP.
Each board, department, office, other body or officer of the village shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Joint Waterfront Management Commission. Such files shall be made available for public inspection upon request.
If the Planning Board, after considering the completed short environmental assessment form (SEAF), has insufficient information, the applicant shall prepare a standard environmental assessment form.
The Planning Board shall render a written determination on such statement, SEAF and environmental assessment form within 60 days following receipt thereof; provided, however, that such period may be extended by mutal agreement of the applicant and the Planning Board.
The determination shall state whether such proposed action may or will not have a significant effect on the environment.
The Planning 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.
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law or regulation of the village.
Every applicant for determination under this chapter shall pay such fees as are necessary to defray the expenses incurred in rendering such determination.
If the Planning Board determines that the proposed action is an exempt action, an action listed in § 62-7 hereof or in NYCRR as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in NYCRR, and thereafter the proposed action may be processed without further regard to this chapter.
Following a determination that a proposed action may have a significant effect on the environment, the Planning Board shall, in accordance with the provisions of NYCRR, immediately notify the applicant of the determination and shall request the applicant to prepare a draft environmental impact statement (EIS).
All decisions of the Planning Board concerning the need for or sufficiency of a draft or final environmental impact statement (EIS) shall require a three-vote majority. Should the decision of the Planning Board concerning the need for or sufficiency of an environmental impact statement (EIS) not receive a three-vote majority, then that decision shall be referred to the Village Board of Trustees for final determination.
Where the determination concerning any matter within the purview of this chapter concerns the filing of a subdivision map, the Planning Board, prior to any vote, shall refer the matter to the Village Conservation Advisory Council for a report and recommendation of said Conservation Advisory Council.
Any matter concerning this chapter which comes before the Planning Board for review and determination, other than a subdivision map, may be referred by the Planning Board to the Village Conservation Advisory Council for a report and recommendation of said Conservation Advisory Council.
The completed draft EIS shall be submitted to the Planning Board which shall determine whether to accept it as satisfactory with respect to its scope, content and adequacy. Upon acceptance of a draft environmental impact statement, a notice shall be published by the Planning Board in the official newspaper of the village, and a copy thereof shall also be publicly posted. Copies of the draft environmental impact statement shall be accessibly on file, as provided in NYCRR.
The Planning Board shall hold a public hearing on a draft environmental impact statement, and notice thereof shall be published in the official newspaper of the village at least five 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 30 calendar days and not more than 60 calendar days after the filing of the draft environmental impact statement, except as otherwise provided, where the Planning Board determines 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.
If, on the basis of a draft environmental impact statement or a public hearing thereon, the Planning 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 Planning Board shall direct the applicant to prepare a final environmental impact statement in accordance with the provisions of NYCRR.
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 Planning 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.
Such final environmental impact statement shall be accompanied by a fee determined by the Planning Board to defray the expenses of the village in preparing and/or evaluating the same.
Copies of the final environmental impact statement shall be filed and made accessible for review in the same manner as the draft environmental impact statement.
No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the Planning Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Planning Board has been the lead agency for an action, it shall make a decision whether or not to approve the action within 60 days of the filing of the final environmental impact statement.
When a Planning Board decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
The action shall be 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.
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 accessible.
The village shall maintain files open for public inspection of all draft and final enviornmental impact statements and written determinations prepared or caused to be prepared by the Planning Board.
Where more than one agency is involved in an action, the procedure of NYCRR shall be followed.
Actions undertaken or approved prior to the dates specified in the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of the Environmental Conservation Law and NYCRR; provided, however, that if, after such dates, a Planning Board modifies an action undertaken or approved prior to the date and the Planning 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 NYCRR.