Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter shall have the same meaning as
those defined in § 8-0105 of the Environmental Conservation Law
and Part 617 of Title 6 NYCRR.
VILLAGE
The incorporated Village of Pelham Manor.
VILLAGE BOARD
The Board of Trustees of the Village of Pelham Manor.
VILLAGE MANAGER
The Village Manager of the Village of Pelham Manor.
[Amended 1-23-1995 by L.L. No. 1-1995]
ZONING BOARD
The Board of Appeals of the Village of Pelham Manor.
Actions completely exempt from the provisions of this chapter and requiring no process hereunder are defined in Sections 617.2 and 617.4(e) of Title 6 NYCRR and listed as Type II actions in Section 617.14 of Title 6 NYCRR and §
100-4 hereof. The following actions are also completely exempt from the provisions hereof:
A. Building permits for any type of residential or commercial
structure where its location has already been part of a subdivision, site
plan, parking plan or other permit or approval process; which process included
environmental review as a whole under this chapter; where such processing
has resulted in an approval after proper environmental review; and where the
construction is to follow the location, building style and type as approved
in the process; and where the builder follows all mitigating or precautionary
requirements of such approval documents (i.e., plat, plan, resolution, site
development plan, etc.).
B. Certificates of occupancy for any type of residential or commercial structure where either the building permit has been issued under exempt status classification, or issued after determination of exempt status in accordance with §§
100-2 and
100-5 of this chapter.
No decision to carry out or approve an action other than an exempt action as described in §
100-2 hereof 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 NYCRR; provided, however, that nothing herein shall be construed as prohibiting:
A. The granting of an approval or conditional approval which
is made subject to compliance with all provisions of a satisfactorily completed
and approved environmental review in accordance with the provisions of this
chapter and Part 617 of Title 6 NYCRR; or
B. The informal submission of a plan or descriptive material
by an individual group or organization to any agency or Board for discussion
purposes only, which may lead to a formal submitted application or formal
preapplication process, which discussion and review will not commit the Village
or any agency or Board thereof to any approval or course of action.
[Amended 1-23-1995 by L.L. No. 1-1995]
Upon receipt of a complete application and a statement, the Village
Manager shall cause a notice to be published in the official newspaper of
the Village, describing the nature of the proposed action and stating that
written views thereon of any person shall be received by the Village Manager,
until the 15th day following the date of the notice.
[Amended 1-23-1995 by L.L. No. 1-1995]
A. If the Village Manager determines that the proposed action
is an exempt action or Type II action as heretofore defined, his or her determination
shall so state and the proposed action may be processed without further regard
to this chapter.
B. Except as provided in Subsection
A of this section, if the Village Manager determines that the proposed action will not have a significant effect on the environment, the Village Manager shall file such determination and written findings supporting such determination as provided in Section 617.9(b) of Title 6 NYCRR and hereafter the proposed action may be processed without further regard to this chapter.
C. If the Village Manager determines that the proposed action
may have a significant effect on the environment, he or she shall file such
determination and written findings supporting such determination as provided
in Section 617.9(b) 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.
[Amended 1-23-1995 by L.L. No. 1-1995]
Upon completion of a draft environmental impact statement prepared by
or at the direction of the Village Manager, a notice of completion containing
the information specified in Section 617.9(e) of Title 6 NYCRR shall be prepared,
filed and circulated as provided in Section 617.9(f) and (g) of Title 6 NYCRR.
In addition, it shall be published in the official newspaper of the Village.
Copies of the draft environmental impact statement shall be filed, sent and
made available as provided in Section 617.7(g) of Title 6 NYCRR.
If the Board having jurisdiction of the application 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. 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. 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 Board having jurisdiction 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 or procedure.
If, on the basis of a draft environmental impact statement or a public
hearing thereon, the Board having jurisdiction 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 notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
100-10 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.
No decision to carry out or approve an action which has been the subject
of a environmental impact statement shall be made by any Village agency or
officer until after the filing and consideration of the final environmental
impact statement. The Board having jurisdiction shall make a decision whether
or not to approve the action within 30 days of the filing of the final environmental
impact statement.
For public information, a copy of the determination referred to in §
100-14 herein shall be filed and made available as provided in Part 617.10(c) of Title 6 NYCRR.
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 prepared by any Village agency or
officer.
Where more than one agency is involved in an action, the procedures
of Sections 617.6 and 617.10 of Part 617 of Title 6 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 6 NYCRR; 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 Board having jurisdiction 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 NYCRR.