[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.]
A.Â
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
In the case of an action not involving an applicant, prepare a draft
environmental impact statement.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
