[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 11-6-1985 by L.L. No. 7-1985. Amendments noted where applicable.]
The purpose of this chapter is to implement, for the Village of Ossining, the provisions of the State Environmental Quality Review Act and the State Environmental Quality Review Regulations, thereby incorporating environmental factors into existing planning and decisionmaking 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.
As used in this chapter, the following terms shall have the meanings indicated:
- Environmental assessment form.
- Environmental impact statement.
- STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR)
- Article 8 of the Environmental Conservation Law, which is Chapter 43-b of the Consolidated Laws of the State of New York.
- STATE ENVIRONMENTAL QUALITY REVIEW REGULATIONS (Part 617)
- Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
All other terms for which definitions are given in SEQR and/or Part 617 shall have the same meaning in this chapter.
All agencies, boards, departments, offices, other bodies or officers of the Village of Ossining must 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.
The lead agency is the agency, board, department, office, other body or officer of the Village of Ossining 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.
Where more than one agency is involved, the lead agency is determined and designated as provided in § 6 of 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:
For adoption, amendment or change in zoning or land use regulations: the Village Board.
For construction or expansion of residential buildings, structures, and other facilities within the Village of Ossining, except where site plan review by the Planning Board is also required: the Building Inspector.
For variances: the Zoning Board of Appeals.
For purchase, sale and/or lease of real property by the Village of Ossining: the Village Board.
For planned unit development or cluster zoning: the Village Board.
For site plan review, subdivision approval and special use permits: the Planning Board.
For construction or expansion of nonresidential facilities, except where site plan review by the Planning Board is also required: the Building Inspector.
The Building Department will act as the clearinghouse for lead agency designation. It will assist 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. The clearinghouse will make recommendations on designation of lead agencies for particular actions.
Environmental review of actions involving a federal agency will be processed in accordance with § 16 of Part 617.
When any agency, department, body, board or officer of the Village of Ossining 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 Appendices A and C of Part 617 will be used as models. but may be modified to meet the needs of particular cases. However, the final scope of such modified EAF must be at least as comprehensive as the scope of the model forms.
When any person submits an application for funding or a permit or other approval for a Type I or unlisted action to any agency, department, body, board or officer of the Village of Ossining, an EAF must accompany the application. For Type I action a full EAF must be prepared, and for unlisted actions, either the 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.
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 § 11 of Part 617 must also be considered by the lead agency in making and determination of significance. The determination must be made within 15 days of its designation as lead agency or within 15 days of receipt of the information it requires, whichever is later.
For Type I actions, the lead agency must give public notice and file a determination of nonsignificance as provided in Subdivision 10(a) of Part 617. For unlisted actions, the lead agency must send a determination of nonsignificance to the applicant and maintain its own records thereof in accordance with Subdivision 10(e) of Part 617.
If the lead agency makes a determination on nonsignificance, the direct action, approval or funding involved will be processed without further regard to SEQR, Part 617 or this chapter.
The time of filing of an application for approval or funding of an action commences from the date of 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 from the public comment period.
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.
If an EIS is required, the lead agency must proceed as provided in §§ 8, 9 and 10 of 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.
If a public hearing is held on the draft EIS, it must, whenever possible, be concurrent with any other hearing on the application.
Fees to be fixed will be consistent with the limitations set by § 17 of Part 617. When the EIS is prepared by the applicant, fees will reflect actual expenses of reviewing it. When the EIS is prepared by the agency on behalf of the applicant, the fees will reflect the cost of preparation, including publication of notices, but not the cost of environmental review by the Agency. However, the lead agency may not charge a fee for its determination of significance.
Critical areas of environmental concern will be designated from time to time by resolution of the Village Board in accordance with the provisions of Subdivision 4(h) of Part 617.
For the purposes of this chapter, Type I actions include all those given in § 12 of Part 617.
For the purposes of this chapter, Type II actions include all those listed in § 13 of Part 617.
Consistent with Part 617 and the criteria therein, the following actions, in addition to those listed in § 13 of Part 617 as Type II actions, are deemed not to have a significant effect on the environment: