[HISTORY: Adopted by the Board of Trustees
of the Village of Westhampton Beach 4-8-1988 by L.L. No. 4-1988.
Amendments noted where applicable.]
A.
Unless the context shall otherwise require, the terms,
phrases, words and their derivatives used in this chapter shall have
the same meanings as those defined in § 8-0105 of the Environmental
Conservation Law and Part 617 of Title 6 of the New York Codes, Rules
and Regulations.
No decision to carry out or approve an action, other than an action listed in § 81-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type II action, shall be made by the Board of Trustees or any department, board, commission, officer or employee of the Village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that nothing herein shall be construed as prohibiting:
A.
The conducting of contemporaneous environmental, engineering,
economic feasibility or other studies and preliminary planning and
budgetary processes necessary to the formulation of a proposal for
action which do not commit the Village to approve, commence or engage
in such action; or
B.
The granting of any part of an application which relates
only to technical specifications and requirements, provided that no
such partial approval shall entitle or permit the applicant to commence
the action until all requirements of this chapter and Part 617 of
Title 6 of the New York Codes, Rules and Regulations have been fulfilled.
[Amended 4-12-1991 by L.L. No. 10-1991; 10-11-1996 by L.L. No. 14-1996]
A.
Consistent with Part 617 of Title 6 of the New York
Codes, Rules and Regulations and the criteria therein, the following
actions, in addition to those listed in Section 617.4 of Title 6 of
the New York Codes, Rules and Regulations as Type I actions, are likely
to have a significant effect on the environment.
B.
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in Section 617.5 of the New York Codes, Rules and Regulations as Type II actions, are deemed not to have a significant effect on the environment, except as provided in § 81-3A.
(1)
Waiver of site plan.
For the purpose of assisting in the determination
of whether an action may or will not have a significant effect on
the environment, applicants for permits or other approvals shall file
a written statement with the appropriate department, board, commission,
officer or employee having jurisdiction, setting forth the name of
the applicant; the locale of the real property affected, if any; a
description of the nature of the proposed action; and the effect it
may have on the environment. In addition, applicants may include a
detailed statement of the reasons why, in their view, a proposed action
may or will not have a significant effect on the environment. Where
the action involves an application, the statement shall be filed simultaneously
with the application for the action. The statement, as provided herein,
shall be upon a form prescribed by the appropriate department, board,
commission, officer or employee having jurisdiction and shall contain
such additional relevant information as shall be required in the prescribed
form. Such statements shall be accompanied by drawings, sketches and
maps, if any, together with any other relevant explanatory material
required by the appropriate department, board, commission, officer
or employee having jurisdiction.
The appropriate department, board, commission,
officer or employee having jurisdiction shall render a written determination
on such application within 15 days following receipt of a complete
application and statement; provided, however, that such period may
be extended by mutual agreement of the applicant and the appropriate
department, board, commission, officer or employee having jurisdiction.
The determination shall state whether such proposed action may or
will not have a significant effect on the environment. The appropriate
department, board, commission, officer or employee having jurisdiction
may hold informal meetings with the applicant and may meet with and
consult any other person for the purpose of aiding it in making a
determination on the application.
The time limitations provided in this chapter
shall be coordinated with, to the extent practicable, other time limitations
provided by statute or local law, ordinance or regulation of the Village.
[Amended 5-14-2001 by L.L. No. 4-2001]
Every application for determination under this
chapter shall be accompanied by a fee. The fee shall be fixed and
established from time to time by resolution of the Board of Trustees.[1] In addition, the applicant shall pay a fee equal to the
costs incurred by the Village for the preparation and reviewing of
environmental impact statements. The total fees imposed under this
section shall not exceed 1/2 of 1% of the action's total cost to the
applicant. The Board of Trustees is authorized to change such fees,
from time to time, by resolution.
If the appropriate department, board, commission, officer or employee having jurisdiction determines that the proposed action is not an exempt action, not an action listed in § 81-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the appropriate department, board, commission, officer or employee having jurisdiction shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the appropriate department, board, commission, officer or employee having jurisdiction determines that the proposed action may have significant effect on the environment, the appropriate department, board, commission, officer or employee having jurisdiction shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action shall be reviewed and processed in accordance with the provision of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the appropriate department,
board, commission, officer or employee having jurisdiction shall,
in accordance with the provisions of Part 617 of Title 6 of the New
York Codes, Rules and Regulations:
(1)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and shall request the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement.
(2)
In the case of an action not involving an applicant,
prepare a draft environmental impact statement.
B.
If the applicant decides not to submit an environmental
impact report, the appropriate department, board, commission, officer
or employee having jurisdiction shall prepare or cause to be prepared
the draft environmental statement or, in its discretion, notify the
applicant that the processing of the application will cease and that
no approval will be issued.
Where more than one agency is involved in an
action, the procedures of Section 617.4 and 617.8 of Part 617 of Title
6 of the New York Codes, Rules and Regulations shall be followed.
Actions undertaken or approved prior to the
dates specified in Article 8 of the Environmental Conservation Law
for local agencies shall be exempt from this chapter and the provisions
of Article 8 of the Environmental Conservation Law and Part 617 of
Title 6 of the New York Codes, Rules and Regulations; provided, however,
that if, after such dates, the appropriate department, board, commission,
officer or employee having jurisdiction modifies an action undertaken
or approved prior to that date and the appropriate department, board,
commission, officer or employee having jurisdiction determines that
the modification may have a significant adverse effect on the environment,
such modification shall be an action subject to this chapter and Part
617 of Title 6 of the New York Codes, Rules and Regulations.
