[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.]
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:
A state, local or 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:
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(20)
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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:
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i.
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A freshwater wetlands area as defined in Article
24 of the Environmental Conservation Law;
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ii.
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A freshwater wetlands controlled area as shown
on the Village Freshwater Wetlands Map;
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iii.
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A floodplain area having special flood hazards
as defined in 6 NYCRR 500;
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iv.
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A site as described in 6 NYCRR 617.12(b)(9)
and (11).
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(21)
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The extension of utility facilities to serve
new or altered single- or two-family residential structures or to
render service in approved subdivisions.
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(22)
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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.
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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.
