[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay 8-9-1977 by L.L. No. 3-1977. Amendments noted where applicable.]
A. Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter shall have the same meanings
as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B. As used in this chapter, the following terms shall have the meanings
indicated.
No decision to carry out or approve an action, other than an
action listed in Section 617.12 of Title 6 of the New York Codes,
Rules and Regulations as a Type II action, shall be made by the Village
Board 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 Part 617 of Title 6 of the New York Codes, Rules
and Regulations; 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
does not commit the village to approve, commence or engage in such
action.
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
the New York Codes, Rules and Regulations have been fulfilled.
A. Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the actions listed in Section
617.12 of Title 6 of the New York Codes, Rules and Regulations as
Type I actions are likely to have a significant effect on the environment.
B. Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the following actions, in
addition to those listed in Section 617.12 of Title 6 of the New York
Codes, Rules and Regulations as Type II actions, are deemed not to
have a significant effect on the environment:
(1) Reconstruction, extension or alteration of existing roadways, waterlines,
sewer lines and electrical utility facilities performed by, at the
request of or under the direction of the Village of Solvay.
(2) Construction of new or additional electric transmission or distribution
facilities performed by, at the request of or under the direction
of the Village of Solvay Electric Department.
(3) Construction, reconstruction, extension or alteration of municipal
buildings performed by, at the request of or under the direction of
the Village of Solvay.
(4) Construction, reconstruction, extension or alteration of parks and
recreational facilities performed by, at the request of or under the
direction of the Village of Solvay.
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 Village Engineer 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 in 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 Village Board 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 Village Engineer.
Upon receipt of a complete application and a statement, the
Village Engineer shall cause a notice thereof to be posted on the
signboard, if any, of the village maintained by the village and may
also cause such notice to be published in the official newspaper of
the village, if any, or in a newspaper having general circulation
within the village, describing the nature of the proposed action and
stating that written views thereon of any person shall be received
by the Village Engineer no later than a date specified in such notice.
A. The Village Engineer 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 to the Village Engineer.
The determination shall state whether such proposed action may or
will not have a significant effect on the environment. The Village
Engineer may hold informal meetings with the applicant and may meet
with and consult any other person for the purpose of aiding him 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 reasonable fee set forth in this section to defray
the expenses incurred in rendering such determination. The fees shall
be as set out by the Schedule of SEQR Application Fees adopted by
resolution of the Village Board of the Village of Solvay and as amended.
If the Village Engineer determines that the proposed action is not an exempt action, not an action listed in §
75-3 B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and and that it will not have a significant effect on the environment, the Village Engineer shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the Village Engineer determines that the proposed action may have a significant effect on the environment, the Village Engineer shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, 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 the New York Codes, Rules and Regulations.
A. Following a determination that a proposed action may have a significant
effect on the environment, the Village Engineer shall, in accordance
with the provisions of Part 617 of Title 6 of the New York Codes,
Rules and Regulations.
(1) In the case of an action involving an applicant, immediately notify
the applicant of the determination and 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 Village Engineer shall prepare or cause to be prepared the draft
environmental impact statement or, in his discretion, shall notify
the applicant that the processing of the application will cease and
that the approval will be issued. The Village Board may require an
applicant to submit a fee to defray the expense to it of preparing
a draft environmental impact statement or reviewing the same if it
is prepared by the applicant. Such fees shall be determined in accordance
with Section 617.11 of Title 6 of the New York Codes, Rules and Regulations.
Upon completion of a draft environmental impact statement prepared
by or at the request of the village, a notice of completion containing
the information specified in Section 617.7(d) of Title 6 of the New
York Codes, Rules and Regulations shall be prepared, filed and circulated
as provided in Section 617.7(e) and (f) of Title 6 of the New York
Codes, Rules and Regulations. In addition, it shall be published in
the official newspaper, if any, of the village or, if none, in a newspaper
having general circulation within the village, and a copy thereof
shall also be posted on a signboard of the village. Copies of the
draft environmental impact statement and the notice of completion
shall be filed, sent and made available as provided in Section 617.7(e)
and (f) of Title 6 of the New York Codes, Rules and Regulations.
If the Village Board determines to hold a public hearing on
a draft environmental impact statement, notice thereof shall be filed,
circulated and sent in the same manner as the notice of completion
and shall be published in the official newspaper of the village, if
any, or, if none, in a newspaper having general circulation within
the village at least 10 days prior to each 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 15 calendar days nor more than 60 calendar days after
the filing of the draft environmental impact statement, except as
otherwise provided where the Village 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 laws.
If, on the basis of a draft environmental impact statement or
a public hearing thereon, the Village 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 Village Board shall
prepare or cause to be prepared a final environmental impact statement
in accordance with the provisions of Part 617 of Title 6 of the New
York Codes, Rules and Regulations, provided further that if the action
involves an application, the Village Board may direct the applicant
to prepare the final environmental impact statement. 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
Village 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. Where the action involves
an application, such final environmental impact statement shall be
accompanied by the fee specified in this section to defray the expenses
of the village in preparing and/or evaluating the same. The fee shall
be as set out in the Schedule of Fees for Preparation by the Village
Board of Final Environmental Impact Statement and the Schedule of
Fees for Evaluating Final Environmental Impact Statement adopted by
resolution of the Village Board of the Village of Solvay and as amended.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
75-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available 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 Village
Board or by any other agency shall be made until after the filing
and consideration of the final environmental impact statement. Where
the Village Board has been the lead agency for an action, it shall
make a decision whether or not to approve the action within 30 days
of the filing of the final environmental impact statement.
When the Village 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. 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 affects, 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 available as provided in Part 617 of Title
6 of the New York Codes, Rules and Regulations.
The village shall maintain files open for public inspection
of all notices of completion, draft and final environmental impact
statements and written determinations prepared or caused to be prepared
by the Village Board or the Village Engineer.
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 the New York
Codes, Rules and Regulations 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 the
New York Codes, Rules and Regulations; provided, however, that if,
after such dates, the Village Board modifies an action undertaken
as approved prior to that date, and the Village 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 Part
617 of Title 6 of the New York Codes, Rules and Regulations.