A chapter of the Village of Adams pursuant to Article 8 of the
New York Environmental Conservation Law providing for environmental
quality review of actions which may have a significant effect on the
environment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No decision to carry out or approve an action other than an action listed in §
111-4B hereof or Section 617.5 of 6 NYCRR as Type II action shall be made by the Trustees or by any department, board, commission, officer or employee of the Village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 NYCRR; provided. however, that nothing herein shall be construed as prohibiting.
A. The conduction of contemporaneous environmental, engineering, 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 Part 617 of Title 6 NYCRR
have been fulfilled.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Consistent with Part 617 of Title 6 NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.4
of Title 6 NYCRR as Type 1 actions, are likely to have a significant
effect on the environment: None.
B. Consistent with Part 617 of Title 6 NYCRR and the criteria therein,
the following actions, in addition to those listed in Section 617.5
of Title 6 NYCRR as Type II actions, are deemed not to have a significant
effect on the environment: None.
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 Village Clerk 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 involved 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 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 any other relevant explanatory material required by the Trustees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every application for determination under this chapter shall
be accompanied by a reasonable fee set forth in this section to defray
the expenses incurred in rendering such determination. The fees shall
be as in an amount established by resolution of the Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the Trustees determine that the proposed action is not an exempt action, not an action listed in §
111-4B hereof or Section 617.5 of Title 6 of 6 NYCRR as a Type II action and that it will not have a significant effect on the environment, the Trustees shall prepare, file and circulate such determination as provided in Section 617.8 of Title 6 NYCRR, and thereafter the proposed action may be processed without further regard to this chapter. If the Trustees determine that the proposed action may have a significant effect on the environment, the Trustees shall prepare, file and circulate such determination as provided in 617.8 of Title 6 NYCRR and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 NYCRR.
Following a determination that a proposed action may have a
significant effect on the environment, the Trustees shall, in accordance
with the provisions of Part 617 of Title 6 NYCRR:
A. In the case of an action involving an applicant, immediately notify
the applicant of the determination and shall request the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement.
B. In the case of an action not involving an applicant, shall prepare
a draft environmental impact statement. If the applicant decides not
to submit an environmental impact report, the Trustees shall prepare
or cause to be prepared the draft environmental impact statement,
or in its discretion notify the applicant that the processing of the
application will cease and that no approval will be issued. The Trustees
may require an applicant to submit a fee to defray the expense to
it of preparing a draft environmental impact statement or reviewing
same if it is prepared by the applicant. Such fees shall be an amount
as established by resolution of the Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where more than one agency is involved in an action, the procedures
of Sections 617.14 and 617.9 of Part 617 of Title 7 NYCRR 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 7 NYCRR;
provided, however, that if, after such dates the Trustees modify an
action undertaken or approved prior to that date and the Trustees
determine that the modification may have a significant adverse effect
on the environment, such modification shall be an action subject to
this chapter and Part 617 of Title 6 NYCRR.