The purpose of this chapter is to implement for the Village of Colonie
the State Environmental Quality Review Act (SEQR) and Part 617 of the New
York Codes, Rules and Regulations.
No action, other than an exempt, excluded or Type II action, shall be
carried out, approved or funded by any agency, board, body or officer of the
village unless it has been complied with SEQR and Part 617, to the extent
applicable, and this chapter.
If the lead agency determines that an environmental impact statement
(EIS) is required, it shall proceed as provided in Part 617. Commencing with
the acceptance of the draft EIS, the time limitation for processing the EIS
shall run concurrently with the time limitations acceptable for processing
the application for approval or funding of the action, and a public hearing
on the draft EIS, if any, shall be held concurrently with any hearing to be
held on such application. Where time schedules conflict with those of Part
617, they shall be adjusted. If the draft EIS is prepared by the applicant,
failure by the applicant to prepare an EIS acceptable to the lead agency shall,
at the option of the lead agency, be deemed an abandonment and discontinuance
of the application.
The lead agency shall be determined and designated as provided in Part
617, except that in the following Type I and unlisted actions the lead agency
shall be as provided herein:
A. Adoption, amendment or change in zoning regulations not
requiring a federal or state agency permit or approval: the Village Board.
B. Construction or expansion of village buildings, structures
and facilities within the village not requiring a federal or state agency
permit or approval: the Village Board.
C. Variances not requiring a federal or state agency permit
or approval: the Zoning Board of Appeals.
D. Purchase, sale and lease of real property by the village
not requiring a federal or state agency permit or approval: the Village Board.
E. Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: the Village Board.
F. Subdivision or site plan review: the Planning Commission.
G. Construction or expansion of a nonresidential facility
not requiring a federal or state agency permit or approval; or site plan approval:
the Code Enforcement Officer.
H. A parking lot not requiring a federal or state agency
permit or approval or site plan approval: the Code Enforcement Officer.
The Village Board shall act as the local clearinghouse for lead agency
designation. Such clearinghouse shall assist agencies and applicants in identifying
other agencies, including federal and state, that may be involved in approving,
funding or carrying out Type I and unlisted actions. The clearinghouse shall
also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be
processed in accordance with Part 617. Village agencies are encouraged to
seek lead agency designation for actions where they have funding or permitting
authority.
The fees for review or preparation of an EIS involving an application
for approval or funding of an action shall be fixed, from time to time, by
a resolution of the Village Board. Part 617 prescribes limitations on the
amounts of the fees. If the applicant prepares the EIS, the village may charge
a fee for the actual expenses of reviewing it, but if a village agency prepares
an EIS on behalf of an applicant, it may charge a fee for the cost of preparing,
including publication of notices, but not for the cost of professional review.
Critical areas of environmental concern may be designated by resolution
of the Village Board in accordance with Part 617.
The following are deemed Type I actions in addition to those set forth
in Part 617: none.
The following are deemed Type II actions in addition to those set forth
in Part 617: none.