The purpose of this chapter is to implement for the Village
of Hillburn the State Environmental Quality Review Act and Part 617.
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.
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:
The following are deemed Type II actions in addition to those
set forth in § 617.13: