No decision to carry out or approve an action other than an action listed in §
62-3B hereof or Section 617.12 of 6 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 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 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 of 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.
Every application for determination under this chapter shall
be accompanied by a reasonable fee set forth in this section to defray
the expenses incurred in rendering such determination. The fees shall
be as follows:
A. An initial application fee, in an amount set by resolution of the
Board of Trustees from time to time, shall accompany the application.
This fee is to be used by the village in establishing the magnitude
of work to be undertaken by the village, its employees and agents
in reviewing the project.
B. An estimated fee which will be based upon the amount of review work
anticipated to be undertaken by the village. Normally this fee will
be estimated by the Village Clerk, working with the Village Attorney,
Village Consulting Engineer, Consulting Environmentalists or other
specialists, depending upon the nature of the application.
C. Any overrun which may occur because of inordinate circumstances of
environmental concerns not apparent or anticipated at the time of
establishing Part 2 of the fee structure.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in §
62-3B hereof or Section 617.12 of Title 6 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 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 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 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 NYCRR.
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 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 NYCRR;
provided, however, that if, after such dates, the Board of Trustees
modifies an action undertaken or approved prior to that date and 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 NYCRR.