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 6 NYCRR 617.
No decision to carry out or approve an action, other than an action listed in §
115-3B hereof or 6 NYCRR 617 as 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 6 NYCRR 617; however, nothing herein shall be construed as prohibiting:
A. The conducting of contemporaneous environmental, engineering or 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 6 NYCRR 617 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 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 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 other relevant explanatory
material required by the Board of Trustees.
Every application for determination under this chapter shall
be accompanied by a reasonable fee to defray the expense incurred
in rendering such determination. The Board of Trustees shall, by resolution,
adopt a fee schedule, which said schedule may be revised from time
to time by said Board of Trustees as, in its discretion, may be deemed
necessary.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in §
115-3B hereof or 6 NYCRR 617 as 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 6 NYCRR 617 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 significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in 6 NYCRR 617, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and 6 NYCRR 617.
Where more than one agency is involved in an action, the procedures
of 6 NYCRR 617 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 6 NYCRR 617; 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 6 NYCRR 617.