[Amended 8-14-1996 by L.L. No. 5-1996]
No decision to carry out or approve an action other than an action listed in §
152-3B hereof or Section 617.13 of Title 6 of the New York Codes, Rules and Regulations as a Type II action shall be made by the village 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; 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 8-14-1996 by L.L. No. 5-1996]
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 617.13 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 617-13 of Title 6 of the New York Codes,
Rules and Regulations as Type II actions, are deemed not to have a significant
effect on the environment:
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 Village
Board 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. 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 by the Village Board 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 other relevant explanatory material required by the Village
Board.
[Amended 8-14-1996 by L.L. No. 5-1996]
Every application for determination under this chapter shall be accompanied
by payment of a reasonable fee to defray the expense incurred by the village
in reviewing the application and rendering a determination. Such fee shall
be as determined and approved by resolution of the Village Board and shall be in three parts, as appropriate:
A. Part 1: initial fee to accompany the application. This
fee is to be used by the village in establishing the magnitude of work to
be undertaken by the village, its employees and agents in reviewing the project.
B. Part 2: an estimated fee which will be based upon the
amount of review work anticipated to be undertaken by the village. Normally
this fee will be estimated by the Village Clerk, working with the Village
Attorney, Village Consulting Engineer and consulting environmentalists or
other specialists, depending upon the nature of the application.
C. Part 3: any overrun which may occur because of inordinate
circumstances of environmental concerns not apparent or anticipated at the
time of establishing Part 2 of the fee structure.
[Amended 8-14-1996 by L.L. No. 5-1996]
If the Village Board determines that the proposed action is not an exempt action, not an action listed in §
152-3B hereof or Section 617.13 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 Village Board shall prepare, file and circulate such determination as provided in Section 617.6 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 Village Board determines that the proposed action may have a significant effect on the environment, the Village Board shall prepare, file and circulate such determination as provided in Section 617.6 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.
Where more than one agency is involved in an action, the procedures
of Sections 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 Village Board modifies an action
undertaken or approved prior to that date and the Village Board 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.
[Added 10-13-1982 by L.L. No. 3-1982]
For the purpose of keeping this chapter of the Albion Village Code in
conformity with New York State mandates relative to environmental quality
review, this chapter is and the same is hereby amended to specifically incorporate
any and all changes in Article 8 of the New York State Environmental Conservation
Law and 6 NYCRR 617, including but not limited to those changes adopted September
1, 1978. It is the intention of the Village Board of Trustees by this chapter
to incorporate said state mandated changes, now and in the future, into this
chapter, as each change or modification becomes effective.