[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch 2-13-1979 by L.L. No. 2-1979 (Ch. 40 of the 1973
Code). Amendments noted where applicable.]
The purpose of this chapter is to implement for the Village
of the Branch, the State Environmental Quality Review Act and Part
617 of the New York Codes, Rules and Regulations (NYCRR).
A.Â
The terms and words used in this chapter shall have the same meanings
as such terms and words are defined in Article 8 of the Environmental
Conservation Law and Part 617 of the New York Codes, Rules and Regulations
(NYCRR), unless the context requires a different meaning.
B.Â
EAF
EIS
PART 617
SEQR
VILLAGE
For the purposes of this chapter, the following terms shall have
the following meanings:
An environmental assessment form.
An environmental impact statement.
The rules and regulations set forth in 6 NYCRR 617.
The State Environmental Quality Review Act as set forth in
Article 8 of the Environmental Conservation Law.
The Village of the Branch.
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 and Part
617, to the extent applicable, and this chapter.
A.Â
An EAF shall be prepared by or on behalf of any agency, board, body
or officer of the Village in connection with any Type I action such
agency, board, body or officer contemplates or proposes to carry out
directly. For an unlisted action an EAF in a short or long form may
be prepared to facilitate a preliminary determination of environmental
significance.
B.Â
An application for permit or funding of a Type I action shall be
accompanied by an EAF, and for an unlisted action may be accompanied
by a short or long form EAF as may be needed to assist the lead agency
in making a preliminary determination of environmental significance.
An applicant may prepare a draft EIS to accompany the application
in place of the EAF. In lieu of an EAF, the Village Board or a lead
agency having authority to adopt its own regulations may adopt different
procedure for reviewing environmental significance of unlisted actions.
The lead agency shall make a preliminary determination of environmental
significance of the action on the basis of the EAF, draft EIS or with
respect to unlisted actions in accordance with its own procedures,
as the case may be, and such other information as it requires. Such
determination shall be made within 15 days of its designation as lead
agency or within 15 days of its receipt of all information it requires,
whichever is later. For Type I actions, a determination of nonsignificance
shall be noticed and filed as provided in § 617.10(b). [1]For unlisted actions a determination of nonsignificance
shall be sent to the applicant and maintained in accordance with §§ 617.7(e)
and 617.10(f).[2] After a determination of nonsignificance, the action including
one involving a permit or funding shall be processed without further
regard to SEQR, Part 617 or this chapter.
C.Â
The time of filing an application for approval or funding of an action
shall commence to run from the date the preliminary determination
of environmental nonsignificance is rendered, or if in lieu of an
EAF the applicant prepares a draft EIS, from the date the applicant
files a draft EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall
proceed as provided in §§ 617.8, 617.9 and 617.10.[1] Commencing with the acceptance of the draft EIS, the time
limitation for processing the EIS shall run concurrently with the
time limitations applicable to 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.
[1]
Editor's Note: See now 6 NYCRR §§ 617.9, 617.11
and 617.12.
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.Â
Adoption, amendment or change in zoning regulations not requiring
a federal or state agency permit or approval: the Village Board of
Trustees.
B.Â
Construction or expansion of Village buildings, structures and facilities
within the Village not requiring a federal or state agency permit
or approval: the Village Board of Trustees.
C.Â
Variances not requiring a federal or state agency permit or approval:
the Zoning Board of Appeals.
D.Â
Purchase, sale and lease of real property by the Village not requiring
a federal or state agency permit or approval: the Village Board of
Trustees.
E.Â
Planned unit development or cluster zoning not requiring a federal
or state agency permit or approval: the Village Planning Board and
Village Board of Trustees.
F.Â
Site plan review and special use permit not requiring a federal or
state agency permit or approval: the Village Planning Board.
G.Â
Construction or expansion of a nonresidential facility not requiring
a federal or state agency permit or approval: the Village Planning
Board.
H.Â
Parking lot not requiring a federal or state agency permit or approval:
the Village Planning Board.
The Board of Trustees through 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.[1]
[1]
Editor's Note: See now 6 NYCRR § 617.15.
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.