Village of Scarsdale, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 1-15-1979 by L.L. No. 2-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 132.
Flood damage prevention — See Ch. 167.
Freshwater wetlands — See Ch. 171.
Site plan review — See Ch. 251.
Diversion of watercourses — See Ch. 302.
Zoning — See Ch. 310.
The purpose of this chapter is to incorporate environmental factors into the existing planning and decisionmaking procedures of all village agencies by adopting procedures. This purpose is to be accomplished through provisions for identifying actions that may have a significant effect on the environment and by requiring that any action found to have such effect will be carried out in a manner that will minimize its possible harmful effects.
Except as modified by provisions of this chapter, the requirements of 6 NYCRR 617, as may be amended from time to time, are hereby adopted as the procedures, rules and regulations relative to environmental quality reviews undertaken by any village agency.
For the purposes of this chapter, the definitions set forth in 6 NYCRR 617.2 shall be modified as follows:
AGENCY
A state, local or village agency.
VILLAGE AGENCY
The Board of Trustees or any department, board, commission, officer or employee of the village.
The Board of Trustees shall designate an Environmental Review Officer (ERO) whose duties shall be to:
A. 
Recommend to the Village Board such amendments to this chapter, not inconsistent with 6 NYCRR 617, as may from time to time be necessary or advisable for the orderly compliance with the purpose of this chapter.
B. 
Prescribe the form of reports required to be filed under the provisions of this chapter and 6 NYCRR 617 and to cause or effect the notification and filing requirements of 6 NYCRR 617.10 in a timely manner.
C. 
Receive copies of all environmental report forms and statements filed in connection with any proposed action and review such forms and statements with respect to scope, content and adequacy and so advise the village agency having jurisdiction.
D. 
Notify all applicants or village agencies proposing any action of the procedures to be followed pursuant to this chapter and 6 NYCRR 617 and to serve in an administrative advisory capacity with respect to these procedures to any village agency upon request.
E. 
Designate, in the event of a proposed Type I action or an unlisted action for which a confirmed initial determination of significance is required, the lead agency when such proposed action is subject to the jurisdiction of two or more village agencies.
F. 
Perform such other related duties as may, from time to time, be directed by the Board of Trustees.
Village agencies may vary the time periods established in 6 NYCRR 617 in order to coordinate the environmental review process with other procedures relating to the review and approval of actions. Except for good cause, the following general rules regarding time periods shall be observed:
A. 
A village agency not holding regularly scheduled meetings shall observe the time periods set forth in 6 NYCRR 617.
B. 
A village agency holding regularly scheduled meetings shall complete any pertinent review, make a determination of environmental significance or perform a related prescribed action no later than the next duly constituted meeting of the agency following that meeting at which all necessary data has been filed and accepted when the time period prescribed in 6 NYCRR 617 expires prior to such next duly constituted meeting.
C. 
A village agency customarily holding public hearings shall combine a public hearing on a draft environmental impact statement with its customary hearing on the action, and the time periods for holding of the customary hearing and the public notification therefor shall apply.
The requirements of 6 NYCRR 617.8 shall be modified as follows:
A. 
When a village agency, serving as the lead agency, determines that an Environmental Impact Statement (EIS) is required on a proposed action involving an applicant and the applicant fails to prepare the draft EIS in a timely manner, all further review and consideration of the action shall terminate.
B. 
When a village agency proposes a direct action requiring the preparation of an EIS, the village agency shall contract with an outside consultant for preparation of the draft and final (if required) EIS.
The list of Type II actions as set forth in 6 NYCRR 617.13(d) shall be amended to add the following:
(20)
Construction or alteration of a single-family or two-family residence and accessory appurtenant uses or structures not in conjunction with the construction or alteration of two or more such residences and not in one or more of the following areas:
i.
A freshwater wetlands area as defined in Article 24 of the Environmental Conservation Law;
ii.
A freshwater wetlands controlled area as shown on the Village Freshwater Wetlands Map;
iii.
A floodplain area having special flood hazards as defined in 6 NYCRR 500;
iv.
A site as described in 6 NYCRR 617.12(b)(9) and (11).
(21)
The extension of utility facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions.
(22)
Construction or alteration of a store, office or restaurant designed for an occupancy load of 20 persons or less, if not in conjunction with the construction or alteration of two or more stores, offices or restaurants and if not in one of the areas described in (20) above, and the construction of utility facilities to serve such establishments.
Applicants proposing an action subject to this chapter and for which a draft or final EIS is required may be charged the following fees and costs:
A. 
A filing fee representing reasonable reimbursement to the village for administrative costs, including publication and distribution of required notices, attendant upon the action; and
B. 
A fee to recover the cost of reviewing draft and final EIS's; provided, however, that such fee shall not exceed the limit set forth in 6 NYCRR 617.17.