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.
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.
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.