[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park 4-21-1977 by L.L. No. 2-1977. 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 meanings as those defined in § 8-0105
of the Environmental Conservation Law and Title 6 NYCRR Part 617.
"Village" shall mean the Village of Island Park.
No decision to carry out or approve an action other than an action listed in § 245-3B hereof or 6 NYCRR 617.5 as a 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 of 6 NYCRR Part 617; 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 of 6 NYCRR Part
617 have been fulfilled.
A.
Consistent with 6 NYCRR Part 617 and the criteria
therein, the following actions, in addition to those listed in 6 NYCRR
617.4 as Type I actions, are likely to have a significant effect on
the environment: those actions that are specified from time to time
by resolution of the Board of Trustees.
B.
Consistent with 6 NYCRR Part 617 and the criteria
therein, the following actions, in addition to those listed in 6 NYCRR
617.5 as Type II actions, are deemed not to have a significant effect
on the environment: those actions that are specified from time to
time by resolution of the Board of Trustees.
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 Board of Trustees setting forth the name
of the applicant and 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 of 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.
Upon receipt of a complete application and a
statement, the Board of Trustees 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 Board of Trustees no later than a date specified
in such notice.
A.
The Board of Trustees shall render a written determination
on such application within 20 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 Board of
Trustees. The determination shall state whether such proposed action
may or will not have a significant effect on the environment. The
Board of Trustees may hold informal meetings with the applicant and
may meet with and consult any other person for the purpose of aiding
it in making a determination on the application.[1]
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 sets from time to time by
the Board of Trustees to defray the expenses incurred in rendering
such determination.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in § 245-3B hereof or 6 NYCRR 617.5 as a Type II action and that it will not have a significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in 6 NYCRR 617.12, and thereafter the proposed action may be processed without further regard to this chapter. If the Board of Trustees determines that the proposed action may have a significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in of 6 NYCRR 617.12, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and 6 NYCRR Part 617.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Board of Trustees
shall, in accordance with the provisions of 6 NYCRR Part 617:
(1)
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.
(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 Board of Trustees 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. The Board of Trustees may require
an applicant to submit a fee to defray the expense to it of preparing
a draft environmental impact statement or reviewing same if it is
prepared by the applicant. Such fees shall be determined by the Board
of Trustees.
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the Village, a notice of completion
containing the information specified in 6 NYCRR 617.12(a) shall be
prepared, filed and circulated as provided in 6 NYCRR 617.12(b) and
(c). In addition, it shall be published in the official newspaper,
if any, of the Village or, if none, a newspaper having general circulation
within the Village, and a copy thereof shall also be posted on a signboard
of the Village. Copies of the draft environmental impact statement
and the notice of completion shall be filed, sent and made available
as provided in 6 NYCRR 617.12(b) and (c).
B.
If the Board of Trustees determines to hold a public
hearing on a draft environmental impact statement, notice thereof
shall be filed, circulated and sent in the same manner as the notice
of completion and shall be published in the official newspaper of
the Village, if any, or, if none, in a newspaper having general circulation
within the Village at least 14 calendar days prior to such public
hearing. Such notice shall also state the place where substantive
written comments on the draft environmental impact statement may be
sent and the date before which such comments shall be received. The
hearing shall commence within no less than 15 calendar days nor more
than 60 calendar days of the filing of the draft environmental impact
statement, except as otherwise provided where the Board of Trustees
determines that additional time is necessary for the public or other
agency review of the draft environmental impact statement or where
a different hearing date is required as appropriate under other applicable
law.
If, on the basis of a draft environmental impact
statement or a public hearing thereon, the Board of Trustees 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 Board
of Trustees shall prepare or cause to be prepared a final environmental
impact statement in accordance with the provisions of 6 NYCRR Part
617; provided, further, that if the action involves an application,
the Board of Trustees 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 Board
of Trustees 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 a fee to defray the expenses of the Village in preparing
and/or evaluating 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 § 245-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. 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 Board of Trustees or by any other agency shall be made until
after the filing and consideration of the final environmental impact
statement. Where the Board of Trustees 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.
When the Board of Trustees decides to carry
out or approve an action which may have a significant effect on the
environment, it shall make the following findings in a written determination:
A.
Consistent with social, economic and other essential
considerations of state policy, to the maximum extent practicable,
from among the reasonable alternatives thereto, the action to be carried
out or approved is one which minimizes or avoids adverse environmental
effects, including the effects disclosed in the relevant environmental
impact statements; and
B.
In carrying out or approving the action, all practicable
means will be taken to minimize or avoid adverse environmental effects.
For public information purposes, a copy of the
determination shall be filed and made available as provided in 6 NYCRR
Part 617.
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 Board of Trustees.
Where more than one agency is involved in an
action, the procedures of 6 NYCRR 617.9 and 617.14 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 6 NYCRR Part
617; provided, however, that if, after such dates, the Board of Trustees
modifies an action undertaken or approved prior to that date and the
Board of Trustees determines that the modification may have a significant
adverse effect on the environment, such modification shall be an action
subject to this chapter and 6 NYCRR Part 617.
