[HISTORY: Adopted by the Board of Trustees of the Village of Hillburn 2-28-1979 by L.L. No. 2-1979 (Ch. 13 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building codes — See Ch. 80.
Building demolition — See Ch. 84.
Flood damage control — See Ch. 130.
Subdivision and site plan regulations — See Ch. 210.
Timber harvesting — See Ch. 222, Art. I.
Zoning — See Ch. 250.
The purpose of this chapter is to implement for the Village of Hillburn the State Environmental Quality Review Act and Part 617.
A. 
The terms and words used in this chapter shall have the same meanings as such terms and words are defined in Article 8 of the Environmental Conservation Law and Part 617, unless the context requires a different meaning.
B. 
The following terms shall have the following meanings:
EAF
Environmental assessment form.
EIS
Environmental impact statement.
PART 617
The rules and regulations set forth in 6 NYCRR 617.
SEQR
The State Environmental Quality Review Act, as set forth in Article 8 of the Environmental Conservation Law.
VILLAGE
The Village of Hillburn.
No action, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body or officer of the Village unless it has complied with SEQR, Part 617, to the extent applicable, and this chapter.
A. 
An EAF shall be prepared by or on behalf of any agency, board, body or officer of the Village in connection with any Type I action that such agency, body or officer contemplates or proposes to carry out directly. For an unlisted action, an EAF in a short or long form may be prepared to facilitate a preliminary determination of environmental significance.
B. 
An application for permit or funding of a Type I action shall be accompanied by an EAF and, for an unlisted action, may be accompanied by a short or long form EAF, as may be needed, to assist the lead agency in making a preliminary determination of environmental significance. An applicant may prepare a draft EIS to accompany the application in place of the EAF. In lieu of an EAF the Village Board or a lead agency having authority to adopt its own regulations may adopt different procedures for reviewing the environmental significance of unlisted actions. The lead agency shall make a preliminary determination of environmental significance of the action on the basis of the EAF, draft EIS or, with respect to unlisted actions, in accordance with its own procedures, as the case may be, and such other information it requires. Such determination shall be made within 15 days of its designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I actions, a determination of nonsignificance shall be noticed and filed as provided in § 617.10(b); for unlisted actions, a determination of nonsignificance shall be sent to the applicant and maintained in accordance with §§ 617.7(3) and 617.10(f). After a determination of nonsignificance, the action, including one involving a permit or funding, shall be processed without further regard to SEQR, Part 617, or this chapter.
C. 
The time of filing an application for approval or funding of an action shall commence to run from the date the preliminary determination of environmental nonsignificance is rendered or, if in lieu of an EAF the applicant prepares a draft EIS, from the date the applicant files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed as provided in §§ 617.8, 617.9 and 617.10. Commencing with the acceptance of the draft EIS, the time limitation for processing the application for approval or funding of the action and a public hearing on the draft EIS, if any, shall be held concurrently with any hearing to be held on such application. The draft EIS shall be prepared by the applicant. Failure by the applicant to prepare an EIS acceptable to the lead agency shall, at the option of the lead agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in §§ 617.6 and 617.7, except that, in the following Type I and unlisted actions, the lead agency shall be as provided herein:
A. 
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval by the Board of Trustees.
B. 
Construction or expansion of Village buildings, structures and facilities within the Village not requiring a federal or state agency permit or approval by the Village Board.
C. 
Variances not requiring a federal or state agency permit or approval by the Zoning Board of Appeals.
D. 
Purchase, sale and lease of real property by the Village not requiring a federal or state agency permit or approval by the Village Planning Board (if the Planning Board has been given this authority).
E. 
Site plan review and special use permit not requiring a federal or state agency permit or approval by the Village Planning Board (if the Planning Board has been given this authority).
F. 
Construction or expansion of nonresidential facility not requiring a federal or state agency permit or approval by the Building Inspector or Planning Board.
The Village Attorney shall act as the Village clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be processed in accordance with § 617.16.
The fees for review or preparation of an EIS involving an applicant for approval or funding of an action shall be fixed from time to time by a resolution of the Village Board. (Section 617.17 prescribes limitations on the amount of fees. If the applicant prepares the EIS, the Village may charge a fee for actual expenses of reviewing it, but if a Village agency prepares an EIS on behalf of the applicant, it may charge a fee for the cost of preparing, including publications of notices, but not for the cost of professional review.)
Critical areas of environmental concern may be designated by resolution of the Village Board in accordance with § 617.4(j).
The following are deemed Type I actions in addition to those set forth in § 617.12:[1]
[1]
Editor's Note: In the local law from which this chapter is derived, no actions were listed after the colon. Attached to said L.L. No. 2-1979 were, however, §§ 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations. Copies are on file in the office of the Village Clerk, where they may be examined during regular business hours.
The following are deemed Type II actions in addition to those set forth in § 617.13:[1]
[1]
Editor's Note: In the local law from which this chapter is derived, no actions were listed after the colon. Attached to said L.L. No. 2-1979 were, however, §§ 617.12 and 617.13 of Title 6 of the New York Codes, Rules and Regulations. Copies are on file in the office of the Village Clerk, where they may be examined during regular business hours.