No decision to carry out or approve an action, other than an action listed in §
60-3B hereof or § 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 by 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.
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.
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 Planning
Board or 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, the 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
provided herein shall be upon a form prescribed by resolution of the Planning
Board or Building Department and shall contain such additional relevant information
as shall be required in the prescribed form. Such statement shall be accompanied
by drawings, sketches and maps, if any, together with any relevant explanatory
material required by the Planning Board or Building Department.
Upon receipt of a complete application and a statement, the Planning
Board or 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 Planning Board or Building Department
no later than a date specified in such notice.
Every application for determination under this chapter shall be accompanied
by a reasonable fee, set forth in this section, to defray the expenses incurred
in rendering such determination. The fee shall be as determined by the Board
of Trustees.
If the Planning Board or Building Department determines that the proposed action is not an exempt action, not an action listed in §
60-3B hereof or § 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 Planning Board or Building Department shall prepare, file and circulate such determination as provided in § 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 Planning Board or Building Department determines that the proposed action may have a significant effect on the environment, the Planning Board or Building Department shall prepare, file and circulate such determination as provided in § 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 provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
If, on the basis of a draft environmental impact statement or a public
hearing thereon, the Planning Board or 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.
Except as otherwise provided herein, the Planning Board or Building
Department shall prepare or cause to be prepared a final environmental impact
statement in accordance with the provisions of Part 617 of Title 6 of the
New York Codes, Rules and Regulations, provided further that if the action
involves an application, the Planning Board or 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 Planning
Board or 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. Where the action involves
an application, such final environmental impact statement shall be accompanied
by the fee specified in this section to defray the expenses of the village
in preparing and/or evaluating the same. The fee shall be determined by the
Board of Trustees.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
60-10 herein. 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 Planning Board or Building
Department or by any other agency shall be made until after the filing and
consideration of the final environmental impact statement. Where the Planning
Board or 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.
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 Planning Board
or Building Department.
Where more than one agency is involved in an action, the procedures
of §§ 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, a Planning Board or Building
Department modifies an action undertaken or approved prior to that date and
the Planning Board or 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 Part 617 of Title 6 of the
New York Codes, Rules and Regulations.