Village of Ossining, NY Environmental Quality Review

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.

§ 118-2 Authority.

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.

§ 118-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EAF

Environmental assessment form.

EIS

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 meanings in this chapter.

§ 118-4 Applicability.

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.

§ 118-5 Lead agency.

[Amended 10-7-2020 by L.L. No. 6-2020]

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 Section 617.6 of Part 617 of Title 6 (Environmental Conservation) of the State of New York Official Compilation of Codes, Rules and Regulations, 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:

(1)

For adoption, amendment or change in zoning or land use regulations: the Village Board of Trustees.

(2)

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.

(3)

For variances: the Zoning Board of Appeals.

(4)

For purchase, sale and/or lease of real property by the Village of Ossining: the Village Board of Trustees.

(5)

For planned unit development or cluster zoning: the Village Board of Trustees.

(6)

For site plan review, subdivision approval and special use permits: the Planning Board.

(7)

For construction or expansion of nonresidential facilities, except where site plan review by the Planning Board also is required: the Building Inspector.

The Planning 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 Section 617.15 of Part 617.

§ 118-6 Environmental assessment and determination of significance.

[Amended 10-7-2020 by L.L. No. 6-2020]

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 Section 617.20 (Appendixes A and B) 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 a 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 Section 617.7(c) of Part 617 must also be considered by the lead agency in making and determination of significance. The determination must be made within 20 calendar days of its receipt of an EAF and application and other reasonably necessary information, or within 20 calendar days of its establishment as lead agency, whichever comes later. For direct actions by an agency where there are no other parties involved and no triggering of the time clock by submission, circulation or receipt of an EAF, a determination of significance should be made as early as possible in the formulation of plans for an action and before any authorization is granted that commits an agency to an action.

For Type I actions, the lead agency must give public notice and file a determination of no significant adverse impact on the environment as provided in Section 617.12(b) of Part 617. For unlisted actions, the lead agency must send a determination of no significant adverse impact on the environment to the applicant and maintain its own records thereof in accordance with Section 617.12(b) of Part 617.

If the lead agency makes a determination of no significant adverse impact on the environment, 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 the determination of no significant adverse impact on the environment 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.

§ 118-7 Preparation of EIS.

[Amended 10-7-2020 by L.L. No. 6-2020]

If, based on review of the EAF and other information, the lead agency determines that the proposed action may have a significant adverse impact on the environment, then an EIS must be prepared.

If an EIS is required, the lead agency must proceed as provided in Sections 617.8 (Scoping), 617.9 (Preparation and content of environmental impact statements), 617.10 (Generic environmental impact statements) and 617.11 (Decision-making and findings requirements) 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.

§ 118-8 Fees for review and preparation of EIS.

[Amended 10-7-2020 by L.L. No. 6-2020]

The fees for review or preparation of an EIS involving approval or funding of an action will be fixed from time to time by resolution of the Village Board of Trustees.

Fees to be fixed will be consistent with the limitations set by Section 617.13 (Fees and Costs) 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, and where necessary, scoping. No fee may be charged for the preparation of an EAF or determination of significance.

§ 118-9 Critical areas.

[Amended 10-7-2020 by L.L. No. 6-2020]

Critical areas of environmental concern will be designated from time to time by resolution of the Village Board of Trustees in accordance with the provisions of Section 617.14(g) (Individual agency procedures to implement SEQR) of Part 617.

§ 118-10 Type I Actions.

[Amended 10-7-2020 by L.L. No. 6-2020]

For the purposes of this chapter, Type I actions include all those given in Section 617.4 (Type I actions) of Part 617.

§ 118-11 Type II actions.

[Amended 10-7-2020 by L.L. No. 6-2020]

For the purposes of this chapter, Type II actions include all those listed in Section 617.5 (Type II actions) of Part 617.

Consistent with Part 617 and the criteria therein, the following actions, in addition to those listed in Section 617.5 of Part 617 as Type II actions, are deemed not to have a significant adverse impact on the environment:

(1)

The issuance of a building permit or certificate of occupancy for any one of the actions set forth as Type II actions; and

(2)

The issuance of a license or permit by the Village Clerk pursuant of the provisions of this Code.