[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 10-23-1989
by L.L. No. 5-1989 as Ch. 104 of the 1989 Code. 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
meanings as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
No decision to carry out or approve an action other than an action listed in § 129-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action shall be made by the Board of Trustees 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 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.
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 617.12 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: none.
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 617.12 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: 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 Superintendent
of Public Works, 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 Board of Trustees 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 Board of Trustees.
A.
The Superintendent of Public Works 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 Superintendent of Public Works.
The determination shall state whether such proposed action may or will not
have a significant effect on the environment The Superintendent of Public
Works or his authorized representative may hold informal meetings with the
applicant and may meet with and consult any other person for the purpose of
aiding him in making a determination on the application.
B.
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 fee as set forth by the Board of Trustees from time to time by resolution
and kept on file in the office of the Village Clerk, such fees to defray the
expenses incurred in rendering such determination.
A.
If the Superintendent of Public Works determines that the proposed action is not an exempt action and not an action listed in § 129-3B hereof or Section 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 Superintendent of Public Works shall prepare, file and circulate such determination as provided in Section 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.
B.
If the Superintendent of Public Works determines that
the proposed action may have significant effect on the environment, the Superintendent
of Public Works shall prepare, file and circulate such determination as provided
in Section 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.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Superintendent of Public
Works shall, in accordance with the provisions of Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
(1)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and request the applicant to prepare
an environmental impact report in the form of a draft environmental impact
statement.
(2)
In the case of an action not involving an applicant,
prepare a draft environmental impact statement.
B.
If the applicant decides not to submit an environmental
impact report, the Superintendent of Public Works shall prepare or cause to
be prepared the draft environmental impact statement or, in his 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 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 Superintendent of Public Works
modifies an action undertaken or approved prior to that date and the Superintendent
of Public Works 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.
