Village of Bath, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Bath 5-23-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 57.
Subdivision of land — See Ch. 99.
Zoning — See Ch. 119.
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:
AGENCY
The Village of Bath Planning Board.
VILLAGE
The Village of Bath.
No decision to carry out or approve an action other than an action listed in § 52-3B hereof shall be made by the Village Board of by any department thereof until there has been full compliance with all requirements of this chapter.
A. 
The actions listed in Section 617.4 of Title 6 of the New York Codes, Rules and Regulations as Type I actions are likely to have an effect on the environment and will, therefore, require the preparation of an environmental impact statement as provided for in this chapter.
B. 
The actions listed in Section 617.5 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 and will, therefore, not require the preparation of an environmental impact statement as provided for in this chapter.
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 agency 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 a permit application, the statement shall be filed simultaneously with the application for the action. The statement, as provided herein, shall be upon a form prescribed by the agency 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 agency.
The agency 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 agency. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The agency 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.
A. 
If the agency determines that the proposed action is an exempt action and that it will not have a significant effect on the environment, the agency shall prepare, file and circulate such determination as provided in Section 617.8(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.
B. 
If the agency determines that the proposed action may have a significant effect on the environment, the agency shall prepare, file and circulate such determination as provided in Section 617.8(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 agency 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 agency shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, shall notify the applicant that the processing of the application will cease and that no approval will be issued.
C. 
The agency may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement. Such fee shall be 0.5% of the total cost of the action. (This is optional; it can be less, but no more.)
A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the agency, a notice of completion containing the information specified in Section 617.8(d) of Title 6 of the New York Codes, Rules and Regulations shall be prepared, filed and circulated as provided in Section 617.8(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.8(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
B. 
If the agency 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 such 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 within no less than 15 calendar days nor more than 60 calendar days of the filing of the draft environmental impact statement, except as otherwise provided where the agency determines that additional time is necessary for the public or other agency review of the draft environmental impact statement.
If, on the basis of a draft environmental impact statement or a public hearing thereon, the agency 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 agency 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 agency 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 agency 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 § 52-7C to defray the expenses of the agency in preparing and/or evaluating same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 52-8 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.
The agency 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 agency 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 effects, 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 in the same manner as a draft environmental impact statement.
The agency 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 agency.
Where more than one agency is involved in an action, the procedures of Sections 617.14 and 617.9 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, except in the cases provided in Section 617.6(a) and (b) of Part 617 of Title 6 of the New York Codes, Rules and Regulations.