[HISTORY: Adopted Malone Village Board 2-13-1979 by Local Law
No. 5, 1979. Amendments noted where applicable.]
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this local law shall have the same meanings
as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of 6 NYCRR.
No decision to carry out or approve an action other than an action listed in § 21-3B hereof or Section 617.12 of 6 NYCRR as a Type II action shall be made by the Village of Malone, New York, or by any department, board, commission, officer or employee of the village until there has been full compliance with all requirements of this local law and Part 617 of 6 NYCRR; provided, however, that nothing herein shall be construed as prohibiting any of the following:
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.
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 local law and Part 617 of 6 NYCRR have
been fulfilled.
A.
Consistent with Part 617 of 6 NYCRR and the criteria therein, the
actions listed in Section 617.12 of 6 NYCRR as Type I actions are
deemed likely to have a significant effect on the environment.
B.
Consistent with Part 617 of 6 NYCRR and the criteria therein, the
actions listed in Section 617.12 of 6 NYCRR as Type II actions are
deemed not to have a significant effect on the environment.
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 Clerk of the Village of Malone, New York, 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 of the Village of Malone, New York, 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 Clerk of the Village of Malone, New
York.
A.
The Village Clerk of the Village of Malone, New York, 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 Village Clerk. The determination shall state whether such
proposed action may or will not have a significant effect on the environment.
The Village Clerk 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 local law shall be coordinated,
to the extent practicable, with other time limitations provided by
statute or local law, ordinance or regulation of the village.
Every application for determination under this local law 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: $10 plus the actual costs of printing, publication
and other cash expenditures.
A.
If the Village Clerk determines that the proposed action is not an exempt action, not an action listed in § 21-3B hereof or Section 617.12 of 6 NYCRR as a Type II action and that it will not have a significant effect on the environment, the Village Clerk shall prepare, file and circulate such determination as provided in Section 617.7(b) of 6 NYCRR, and thereafter the proposed action may be processed without further regard to this local law. If the Village Clerk determines that the proposed action may have a significant effect on the environment, the Village Clerk shall prepare, file and circulate such determination as provided in 617.7(b) of 6 NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this local law and Part 617 of 6 NYCRR.
B.
Following a determination that a proposed action may have a significant
effect on the environment, the Village Clerk shall, in accordance
with the provisions of Part 617 of 6 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; or
(2)
In the case of an action not involving an applicant, prepare a draft
environmental impact statement.
C.
If the applicant decides not to submit an environmental impact report,
the Village Clerk 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. The Village Clerk may require an applicant to submit
a fee to defray the expense to it of preparing a draft environmental
impact statement or reviewing same if it is prepared by the applicant.
Such fees shall be determined as follows: $10 plus the actual costs
of printing, publication and other cash expenditures.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of 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 local law and the provisions
of Article 8 of the Environmental Conservation Law and Part 617 of
6 NYCRR; provided, however, that if, after such dates, the Village
Clerk modifies an action undertaken or approved prior to that date
and the Village Clerk determines that the modification may have a
significant adverse effect on the environment, such modification shall
be an action subject to this local law and Part 617 of 6 NYCRR.
This local law shall take effect immediately upon filing with
the Secretary of State.
