[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 3-28-1977 as L.L. No. 1-1977. Section 138-9 and
138-15B amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other 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 meaning as those defined in § 8-0105 of the Environmental
Conservation Law and NYCRR 617.
No decision to carry out or approve an action, other than an action listed in § 138-4 hereof or 6 NYCRR 617.12 as Type II action, shall be made by the Board of Trustees or by any department, board, commission, officer or employee of the village until there has been full compliance with all requirements of this chapter and 6 NYCRR 617; 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 6 NYCRR 617
have been fulfilled.
Consistent with 6 NYCRR 617 and the criteria
therein, the following actions, in addition to those listed in 6 NYCRR
617.12 as Type I actions, are likely to have significant effect on
the environment.
Consistent with 6 NYCRR 617 and the criteria
therein, the following actions, in addition to those listed in 6 NYCRR
617.12 as Type II actions, are deemed not to have a significant effect
on the environment.
A.
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 Building Department setting forth the
name of the applicant, the location 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.
B.
Where the action involves an application, the statement
shall be filed simultaneously with the application for the action.
C.
The statement provided herein shall be upon a form
prescribed by resolution by the Building Department and shall contain
such additional relevant information shall be required in the prescribed
form. Such statement shall be accompanied by drawings, sketches and
maps, if any, together with any other relevant explanatory material
required by the Building Department.
Upon receipt of a complete application and a
statement, the Building Department shall cause a notice thereof to
be posted on the signboard, if any, of the village maintained by the
village and may also cause such notice to be published in the official
newspaper of the village, if any, or in a newspaper having general
circulation within the village, describing the nature of the proposed
action and stating that written views thereon of any person shall
be received by the Building Department.
A.
The Building Department 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 Building
Department. The determination shall state whether such proposed action
may or will not have a significant effect on the environment.
B.
The Building Department 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 8-10-1987 by L.L. No. 4-1987; 12-10-2018 by L.L. No. 2-2018; 3-11-2019 by L.L. No. 2-2019]
A.
If the Building Department determines that the proposed action is not an exempt action, not an action listed in § 138-4 hereof or 6 NYCRR 617.12 as a Type II action and that it will not have a significant effect on the environment, the Building Department shall prepare, file and circulate such determination as provided in 6 NYCRR 617.7(b), and thereafter, the proposed action may be processed without further regard to this chapter.
B.
If the Building Department determines that the proposed
action may have a significant effect on the environment, the Building
Department shall prepare, file and circulate such determination as
provided in 6 NYCRR 617.7(b), and thereafter, the proposed action
shall be reviewed and processed in accordance with the provisions
of this chapter and 6 NYCRR 617.
Following a determination that a proposed action
may have a significant effect on the environment, the Building Department
shall, in accordance with the provisions of 6 NYCRR 617:
A.
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.
B.
In the case of an action not involving an applicant,
prepare a draft environmental impact statement. If the applicant decides
not to submit an environmental impact report, the Building Department
shall prepare or cause to be prepared the draft environmental impact
statement or, in its discretion, notify the applicant that the processing
of the application will cease and that no approval will be issued.
The Building Department may require an applicant to submit a fee to
defray the expense to it of preparing a draft environmental impact
statement of reviewing the same if it is prepared by the applicant.
Such fees shall be determined in accordance with the Planning Commission
fee schedule.
Upon completion of a draft environmental impact
statement prepared by or at the request of the village, a notice of
completion containing the information specified in 6 NYCRR 617.7(d)
shall be prepared, filed and circulated as provided in 6 NYCRR 617.7(e)
and (f). In addition, it shall be published in the official newspaper,
if any, of the village or, if none, a newspaper having general circulation
within the village, and a copy thereof shall also be posted on a signboard
of the village. Copies of the draft environmental impact statement
and the notice of completion shall be filed, sent and made available
as provided in 6 NYCRR 617.7(e) and (f).
If the Building Department determines to hold
a public hearing on a draft environmental impact statement, notice
thereof shall be filed, circulated and sent in the same manner as
the notice of completion and shall be published in the official newspaper
of the village, if any, or, if none, in a newspaper having general
circulation within the village, at least 10 days prior to such public
hearing. Such notice shall also state the place where substantive
written comments on the draft environmental impact statement may be
sent and the date before which such comments shall be received. The
hearing shall commence no less than 15 calendar days nor more than
60 calendar days of the filing of the draft environmental impact statement,
except as otherwise provided where the Building Department determines
that additional time is necessary for the public or other agency review
of the draft environmental impact statement or where a different hearing
date is required as appropriate under other applicable law.
If, on the basis of a draft environmental impact
statement or a public hearing thereon, the Building Department determines
that an action will not have a significant effect on the environment,
the proposed action may be processed without further regard to this
chapter.
[Amended 8-10-1987 by L.L. No. 4-1987; 12-10-2018 by L.L. No. 2-2018; 3-11-2019 by L.L. No. 2-2019]
The fee to be charged under the provisions of this chapter shall
be determined from time to time by resolution of the Board of Trustees.
A.
Except as otherwise provided herein, the Building
Department shall prepare or cause to be prepared a final environmental
impact statement in accordance with the provisions of 6 NYCRR 617;
provided, further, that if the action involves an application, the
Building Department may direct the applicant to prepare the final
environmental impact statement. Such final environmental impact statement
shall be prepared within 45 days after the close of any hearing or
within 60 days after the filing of the draft environmental impact
statement, whichever last occurs; provided, however, that the Building
Department may extend this time as necessary to complete the statement
adequately or where problems identified with the proposed action require
material reconsideration or modification.
B.
Where the action involves an application, such final
environmental impact statement shall be accompanied by a fee to defray
the expenses of the Village in preparing and/or evaluating the same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §§ 138-12 and 138-13 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
No decision to carry out or approve an action
which has been the subject of a final environmental impact statement
by the Building Department or by any other agency shall be made until
after the filing and consideration of the final environmental impact
statement. Where the Building Department has been the lead agency
for an action, it shall make a decision whether or not to approve
the action within 30 days of the filing of the final environmental
impact statement.
When a Building Department decides to carry
out or approve an action which may have a significant effect on the
environment, it shall make the following findings in a written determination:
A.
Consistent with social, economic and other essential
considerations of state policy, to the maximum extent practicable,
from among the reasonable alternatives thereto, the action to be carried
out or approved is one which minimizes or avoids adverse environmental
effects. including the effects disclosed in the relevant environmental
impact statements.
B.
All practicable means will be taken in carrying out
or approving the action to minimize or avoid adverse environmental
effects.
For public information purposes, a copy of the
determination shall be filed and made available as provided in Title
6 NYCRR 617.
The village shall maintain files open for public
inspection of all notices of completion, draft and final environmental
impact statements and written determinations prepared or caused to
be prepared by the Building Department.
Where more than one agency is involved in an
action, the procedures of 6 NYCRR 617.4 and 617.8 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 6 NYCRR 617;
provided, however, that if, after such dates a Building Department
modifies an action undertaken or approved prior to that date and the
Building Department determines that the modification may have a significant
adverse effect on the environment, such modification shall be an action
subject to this chapter and 6 NYCRR 617.
