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.
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.
[Amended 10-7-2020 by L.L. No. 6-2020]
A. 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.
B. 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.
C. 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.
D. Environmental review of actions involving a federal agency will be
processed in accordance with Section 617.15 of Part 617.
[Amended 10-7-2020 by L.L. No. 6-2020]
A. 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.
B. 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.
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 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.
D. 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.
E. 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.
F. 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.
[Amended 10-7-2020 by L.L. No. 6-2020]
A. 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.
B. 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.
C. If a public hearing is held on the draft EIS, it must, whenever possible,
be concurrent with any other hearing on the application.
[Amended 10-7-2020 by L.L. No. 6-2020]
A. 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.
B. 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.
[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.
[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.
[Amended 10-7-2020 by L.L. No. 6-2020]
A. For the purposes of this chapter, Type II actions include all those
listed in Section 617.5 (Type II actions) of Part 617.
B. 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.