[HISTORY: Adopted by the Board of Trustees of the Village of Minoa
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Village of Minoa
Environmental Quality Review Law."
The purpose of this chapter is to implement for the Village of Minoa
the provisions of Article 8 of the New York Environmental Conservation Law,
known as the "New York State Environmental Quality Review Act," and Part 617
of Title 6 of the New York Codes, Rules and Regulations adopted pursuant to
said Act, thereby incorporating environmental factors into existing planning
and decision-making processes.
This chapter is adopted under authority of the Municipal Home Rule Law,
the State Environmental Quality Review Act, and the State Environmental Quality
Review Regulations.
A.
Generally. The terms, phrases and words used in this
chapter shall have the same meaning as such terms, phrases and words are defined
in Article 8 of the Environmental Conservation Law and Part 617, unless the
context requires a different meaning.
B.
EAF
EIS
PART 617 or STATE ENVIRONMENTAL QUALITY REVIEW REGULATIONS
STATE ENVIRONMENTAL QUALITY REVIEW ACT or SEQR
Specific terms. The following terms shall have the following
meanings:
Environmental assessment form.
Environmental impact statement.
Part 617 of Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York.
Article 8 of the Environmental Conservation Law of New York.
All agencies, boards, departments, offices, other bodies or officers
of the Village of Minoa shall comply with SEQR, Part 617 and this chapter,
to the extent applicable, prior to carrying out, approving or funding any
action, other than an exempt, excluded or Type II action.
A.
The lead agency is the agency (i.e., board, department,
office, other body or officer) of the Village of Minoa principally responsible
for carrying out, funding or approving an action. The lead agency is responsible
for determining whether an EIS is required for the action, and for preparing
and filing the EIS if it is required.
B.
Where more than one agency is involved, the lead agency
is determined and designated as provided in Part 617, except that for the
following specific Type I and unlisted actions, in cases where a federal or
state agency permit or approval is not necessary, the lead agency is as follows:
(1)
Adoption, amendment or change in zoning or land use regulations:
Board of Trustees.
(2)
Construction or expansion of village buildings, structures
and other facilities, including highways, within the Village of Minoa: Board
of Trustees.
(3)
Variances and special use permits: Zoning Board of Appeals.
(4)
Purchase, sale and/or lease of real property by the Village
of Minoa: Board of Trustees.
(5)
Site plan review: Planning Board.
(6)
Construction or expansion of a nonresidential facility:
Planning Board.
(7)
Subdivision review: Board of Trustees.
C.
The Village Board will be the clearinghouse for lead
agency designation. The Codes Enforcement Officer will assist the Village
Board and agencies and applicants to identify other federal, state and local
agencies that may be involved in approving, funding or carrying out Type I
and unlisted actions.
D.
Environmental review of actions involving a federal agency
will be processed in accordance with Part 617.
A.
When any agency, department, body, board or officer of
the Village of Minoa contemplates directly carrying out, funding or approving
any Type I action, a full environmental assessment form (EAF) must be prepared
by it or on its behalf. When an unlisted action is contemplated, either a
full or short-form EAF, as appropriate, must be prepared. The EAF forms given
in the Appendixes to Part 617 will be used as models but may be modified to
meet the needs of particular cases. However, the final scope of such a modified
EAF must be at least as comprehensive as the scope of the model forms.
B.
When any person submits an application for funding or
a permit or other approval of a Type I or unlisted action to any agency, department,
body, board or officer of the Village of Minoa, an EAF must accompany the
application. For Type I actions, a full EAF must be prepared; for unlisted
actions, either a full EAF or the short form may be used, as appropriate.
An applicant may choose to prepare a draft EIS in place of an EAF.
C.
The lead agency must make a determination of environmental
significance of the action. This determination must be based on the EAF or,
with respect to unlisted actions, its own procedures, as the case may be,
and on such other information as it may require. The criteria stated in Part
617 must also be considered by the lead agency in making its determination
of significance.
(1)
For Type I actions, the lead agency will give public
notice and, if a determination of nonsignificance is made, file that determination
of nonsignificance, all as provided in Part 617.
(2)
For unlisted actions, if a determination of nonsignificance
is made, the lead agency must send a determination of nonsignificance to the
applicant and maintain its own records thereof in accordance with Part 617.
D.
If the lead agency makes a determination of nonsignificance,
the direct action, approval or funding involved will be processed without
further regard to SEQR, Part 617 or this chapter.
E.
The time of filing an application for approval or funding
of an action commences from the date that the determination of environmental
nonsignificance is made. If the applicant prepared a draft EIS in lieu of
an EAF, the time of filing commences from the date the lead agency accepts
the draft EIS as adequate in scope and content and commences the public comment
period.
A.
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed as
provided in Part 617. The draft EIS will normally be prepared by the applicant.
If the applicant fails to prepare a draft EIS or prepares a draft EIS which
is unacceptable to the lead agency, the lead agency may either prepare a draft
EIS itself, discontinue further processing until the applicant can provide
an acceptable draft EIS or deem the application abandoned and discontinue
review.
C.
If a public hearing is held on the draft EIS, it must,
whenever possible, be concurrent with any other hearing on the application.
B.
Fees so fixed will be consistent with the limitations
set in Part 617. When the EIS is prepared by the applicant, fees will reflect
actual expenses of reviewing it. When the EIS is prepared by an agency on
behalf of the applicant, fees will reflect the cost of preparation, including
publication of notices, and the costs incurred to review it. However, the
lead agency may not charge a fee for its determination of significance.
Critical geographical areas of environmental concern may be designated
from time to time by resolution of the Board of Trustees in accordance with
the provisions of Part 617.
For purposes of this chapter, Type I actions include all those designated
as Type I actions in Part 617, as well as:
For purposes of this chapter, Type II actions include all those listed
in Part 617 as actions not subject to review under Part 617, as well as:
A.
Reconstruction or repair of existing highways, including
drainage, not involving the addition of new travel lanes.
B.
Installation or repair of utility facilities within a
highway right-of-way.
C.
Reconstruction, replacement or repair of bridges on the
same location.
D.
Construction of individual driveway entrances.
This chapter takes effect immediately upon filing in the office of the
Secretary of State in accordance with § 27 of the Municipal Home
Rule Law. A copy of this chapter shall be filed with the Commissioner of the
Department of Environmental Conservation.
Any person who violates any of the provisions of this chapter shall be guilty of a violation pursuant to the Penal Law and, upon conviction thereof, shall be subject to the fines, penalties and other provisions set forth in Chapter 113.
