[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 8-8-77 by L.L. No. 5-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch.
14.
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:
VILLAGE
The Incorporated Village of Ardsley.
No decision to carry out or approve an action
(other than an exempt action, an action listed in Section 617.12 of
Title 6 of the New York Codes, Rules and Regulations as a Type II
action or an action listed in a supplemental schedule of Type II actions
under the regulations of the Planning Board) shall be made by the
Village Board 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 of the New
York Codes, Rules and Regulations; provided, however, that nothing
herein shall be construed as prohibiting:
A. The conducting 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 does 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 of the New York Codes, Rules and Regulations have been fulfilled.
A. 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,
and a description of the nature of the proposed action. Such statement
shall also include any claim that the proposed action is an exempt
action under Section 617.13 of Title 6 of the New York Codes, Rules
and Regulations or a Type II action under Section 617.12 of Title
6 of the New York Codes, Rules and Regulations or the regulations
of the Planning Board; the estimated total cost of the action; and,
if no claim is made that the proposed action is an exempt or Type
II action, a detailed explanation of the reasons why, in the view
of the applicant, a proposed action may or will not have a significant
effect on the environment.
B. Where the action involves an application, the statement
shall be filed simultaneously with the application for the action.
C. The statement provided herein shall be upon a form
prescribed by the Planning Board of the Village of Ardsley 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
materials required by the Planning Board.
Except in those instances where the Planning
Board has made a determination that a proposed action is exempt, the
Planning Board, upon receipt of a complete application and a statement
from the Village Clerk, shall cause a notice, at a cost to the applicant,
to be published in the official newspaper of the village and simultaneously
given to the Conservation Advisory Commission, describing the nature
of the proposed action and stating that written views thereon of any
person shall be received by the Planning Board no later than a date
specified in such notice.
A. The Planning Board shall render a written determination on such application within 15 days following receipt of a complete application and statement from the Village Clerk; provided, however, that such period may be extended by mutual agreement of the applicant and the Planning Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. If the Planning Board's determination is that such proposed action will not have a significant effect on the environment under §
102-6A of this chapter, the determination shall so specifically state. The Planning Board 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.
B. The time limitations provided in this chapter shall
be coordinated, to the extent practicable, with other time limitations
provided by statute or local law, ordinance or regulation of the village.
A. If the Planning Board determines that the proposed
action is an exempt action, an action listed in Section 617.12 of
Title 6 of the New York Codes, Rules and Regulations as a Type II
action or an action listed in a supplemental schedule of Type II actions
under the regulations of the Planning Board, the proposed action may
be processed without further regard to this chapter.
B. If the Planning Board determines that the proposed
action will not have a significant effect on the environment, the
Planning Board shall prepare, file and circulate such determination
as provided in Section 617.7(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.
C. If the Planning Board determines that the proposed
action may have a significant effect on the environment, the Planning
Board shall prepare, file and circulate such determination as provided
in 617.7(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.
Following a determination that a proposed action
may have significant effect on the environment, the Planning Board
shall, in accordance with the provisions of Part 617 of Title 6 of
the New York Codes, Rules and Regulations:
A. In the case of an action involving an applicant, immediately
notify the applicant of the determination and direct 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,
prepare a draft environmental impact statement.
Upon completion of a draft environmental impact
statement prepared by or at the direction of the Planning Board, a
notice of completion containing the information specified in Section
617.7(d) of Title 6 of the New York Codes, Rules and Regulations shall
be prepared, filed and circulated as provided in Section 617.7(e)
and (f) of Title 6 of the New York Codes, Rules and Regulations. In
addition, it shall be published in the official newspaper of the village
at the applicant's cost. Copies of the draft environmental impact
statement and the notice of completion shall be filed, sent and made
available as provided in Section 617.7(e) and (f) of Title 6 of the
New York Codes, Rules and Regulations.
If the Planning Board 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 at least 10 days prior to such public hearing, all at
the cost of applicant. 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.
Notice of public hearing shall also be sent to the Village Conservation
Advisory Committee which may submit its own comments and recommendations
to the Planning Board prior to the hearing. Such hearing shall commence
no less than 15 calendar days nor more than 60 calendar days after
the filing of the draft environmental impact statement; provided,
however, that the Planning Board may extend this time if necessary
for public or other agency review of the draft environmental impact
statement or where a different hearing date is required or appropriate
under other applicable law.
If, on the basis of a draft environmental impact
statement or a public hearing thereon, the Planning Board makes a
written determination that an action will not have a significant effect
on the environment, the proposed action may be processed without further
regard to this chapter.
A. Except as otherwise provided herein, the Planning
Board 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 Planning Board may
direct the applicant to prepare the final environmental impact statement.
B. 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 Planning Board
may extend this time as necessary to complete the statement adequately
or where problems identified with the proposed action require material
reconsideration or modification.
C. Where the action involves an application, such final
environmental impact statement shall be accompanied by the fee specified
in this section to defray the expenses of the village incurred or
to be incurred in preparing and/or evaluating impact statements under
this chapter:
Estimated Total Cost of Proposed Action
|
Fee
|
---|
Less than $50,000.
|
$100
|
More than $50,000, and less than $200,000.
|
$250, plus 1/4 of 1% of the estimated total
cost of action
|
More than $200,000, and less than $2,000,000.
|
$500, plus 1/4 of 1% of the estimated total
cost of action
|
More than $2,000,000.
|
$1,000, plus 1/4 of 1% of the estimated total
cost of action
|
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
102-8 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent 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.
No decision to carry out or approve an action
which has been the subject of a final environmental impact statement
shall be made by the Planning Board or by another village agency until
after the filing and consideration of the final environmental impact
statement. Where the Planning Board has been the lead agency for an
action, it 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 Planning Board or other village 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. There shall be consistency 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
impact statements.
B. All practicable means will be taken in carrying out
or approving the action to minimize or avoid adverse environmental
effects, including the effects disclosed in the relevant environmental
impact statements.
For public information purposes, a copy of the determination referred to in §
102-14 herein shall be filed and made available as provided in Section 617.8(c) of Title 6 of the New York Codes, Rules and Regulations.
The village 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 preapared by the Planning Board or other village agencies.
Where more than one agency is involved in an
action, the procedure of Sections 617.4 and 617.8 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; provided, however,
that if, after such dates, the village or any of its departments,
boards, commissions, officers or employees having jurisdiction modifies
an action undertaken or approved prior to that date and the Planning
Board determines 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 of the New York Codes, Rules
and Regulations.