[HISTORY: Derived from Ch. 32 of the 1978 Code of the Village of New Paltz. Amendments noted where applicable.]
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 Part 617 of Title 6 NYCRR.
No decision to carry out or approve an action other than an action listed in § 105-3B hereof or § 617.12 of 6 NYCRR as Type II action shall be made by the Planning Board 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 NYCRR; provided, however, that nothing herein shall be construed as prohibiting:
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 or the Planning Board to approve, commence or engage in such action; or
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 NYCRR have been fulfilled.
Type I actions. Consistent with Part 617 of Title 6 NYCRR and the criteria therein, the following actions, in addition to those listed in § 617.12 of the Title 6 NYCRR as Type I actions, are likely to have a significant effect on the environment:
Changes in existing topography due to grading, cut and fill and water - impermeable ground cover - which affect natural contours, stormwater runoff, natural cover and soil, the natural attractiveness of the site, vegetation, watercourses, ponds, historic places and similar irreplaceable assets.
The collection, storage, processing or omission of substances which alter or damage the atmosphere, soil, purity of watercourses, water bodies or water tables, vegetation, or natural attractiveness, of the site or surrounding area.
Offenses of noise, odor, visual appearance, activities which encourage or facilitate unlawful human activity or endangerment, changes in the aesthetic quality of the area immediately surrounding the site as well as the community as a whole.
Type II actions. Consistent with Part 617 of Title 6 NYCRR and the criteria therein, the following actions, in addition to those listed in § 617.12 of Title 6 NYCRR as Type II actions, are deemed not to have a significant effect on the environment: None.
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 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 Planning 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 Planning Board.
Procedure; time limit. The Planning Board shall render a written determination on such application within 30 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 Planning Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Planning Board may hold informal meetings with the applicant and may meet and consult with any other person for the purpose of aiding it in making a determination on the application.
Coordination. 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.
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. A fee will be charged for preparation of the Draft Environment Impact Statement if the applicant has not prepared his own. A fee will also be charged for the review of the Environment Impact Statement. Size of fee will be determined by the amount of work required of the Village employees in processing the proposed action. Advertising fees will be borne by the applicant with an affidavit of publication to be provided to the Village Clerk. Applicants will be billed for review and costs of the Draft Environmental Impact Statement at the current rate the Village charges plus postage for mailing to all interested agencies. The size of the fee will be determined by the amount of work required by the Village employees in processing the proposed action. In addition, the cost of advertising notices in the official Village newspaper will be borne by the applicant, who will be required to furnish an affidavit of publication to the Village Clerk.
No significant effect. If the Planning Board determines that the proposed action is not an exempt action, not an action listed in § 105-3B hereof or § 617.12 of Title 6 NYCRR as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in § 617.7(b) of Title 6 NYCRR and thereafter the proposed action may be processed without further regard to this chapter.
Significant effect. If the Planning Board determines that the proposed action may have a significant effect on the environment, the Planning Board shall prepare, file, and circulate such determination as provided in § 617.7(b) of Title 6 NYCRR and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 NYCRR.
Following a determination that a proposed action may have a significant effect on the environment, the Planning Board shall, in accordance with the provisions of Part 617 of Title 6 NYCRR:
Notification to applicant to prepare statement. 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.
Applicant not involved. In the case of an action not involving an applicant, prepare a Draft Environmental Impact Statement.
Failure of applicant to submit statement. If the applicant decides not to submit an environmental impact report, the Planning Board 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.
Where more than one agency is involved in a action, the procedure of § 617.4 and § 617.8 of Part 617 of Title 6 NYCRR 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 NYCRR; provided, however, that if after such dates the Planning Board modifies an action undertaken or approved prior to that date and the Planning 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 NYCRR.