[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)[1] 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.
[1]
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.
A.
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:
A.
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
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 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:
A.
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:
(1)
Public institutions, such as hospitals, schools and institutions
of higher learning and churches and correction facilities and office
centers.
(2)
Road or highway sections, including bridges.
(3)
Parking facilities or other facilities with an associated parking
area for five or more cars.
(4)
Dams.
(5)
Any facility, development or project which is to be directly located
in one of the following critical areas:
(6)
Any facility, development or project having an impact on any historic
or prehistoric district, buildings, structure or site.
(7)
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.
(8)
Any facility, development or project which would use ground or surface
water excessively.
(9)
Any publicly or privately owned sewage treatment works.
(10)
A residential development or any alteration, addition or demolition
of an historic structure or in an historic district.
(11)
Any lakes, ponds and all other substantial bodies of water with a
water surface.
(12)
Any development, project or permanent facility of a nonagricultural
use on agricultural lands which requires a permit.
(13)
The process, exhaust and/or ventilation systems emitting air contaminants.
(14)
The process, exhaust and/or ventilation systems from which the total
emission rate is excessive.
(15)
The application of pesticides or herbicides over more than 200 contiguous
acres.
(16)
The clearcutting or clearing of 3/4 acre of forest cover or vegetation,
other than for crops or for expansion of existing farmlands.
(17)
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:
A.
Normal agricultural farm management practices.
B.
The operation, repair, maintenance or minor alteration of existing
structures, land uses and equipment.
C.
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.
D.
The repaving of existing highways not involving widening.
E.
Street openings for the purpose of repair or maintenance of existing
utility facilities.
F.
The installation of traffic control devices on existing streets,
roads and highways, other than multiple fixtures on long stretches.
G.
The mapping of existing roads, streets, highways, uses, ownership
patterns and the like.
H.
The sale of surplus government property, other than land, radioactive
material, pesticides, herbicides or other hazardous materials.
I.
Collective bargaining activities.
J.
Operating, expense or executive budget planning, preparation and
adoption not involving new programs or major reordering of priorities.
K.
Investments by or on behalf of agencies or pensions or retirement
systems.
L.
Actions which are necessary for the protection and preservation of
life, health, property or natural resources.
M.
The granting of a building permit, except for historic structures
or sites or in historic districts.
N.
A routine administration and management of agency functions not including
new programs or major reordering of priorities.
O.
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].
P.
The extension of utility facilities to serve new or altered single
or residential structures.
Q.
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]
A.
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.
B.
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 mutual agreement of the applicant and the Planning Board.
A.
The determination shall state whether such proposed action may or
will not have a significant effect on the environment.
B.
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.
A.
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).
B.
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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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.
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 accessible.
The Village shall maintain files open for public inspection
of all draft and final environmental 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.
