[HISTORY: Adopted by the Board of Trustees of the Village of Northport
5-3-1977 by L.L. No. 10-1977 (Ch. 26A of the 1966 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 of the State of New York and Part 617 of Title 6 of the New York Codes,
Rules and Regulations.
A.
No decision to carry out or approve an action not involving an application, other than an action listed in § 138-3B 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 of the village or by any officer, department, board, commission 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.
B.
No application seeking approval of or a permit, decision, resolution, variance or certificate and the like for an action, other than an action listed in § 138-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations, shall be accepted for filing by the Board of Trustees of the village or by any officer, department, board, commission 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.
C.
(1)
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, Board of Trustees or an officer, department, board, commission
or employee of the village to approve, commence or engage in such action.
(2)
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:
(1)
An application to the Village Planning Board for subdivision or resubdivision approval as the same is defined by Chapter 219 of the Code of the village, involving, however, three or more lots as the term "lot" is defined by said Chapter 219 of the Code of the village.
[Amended 6-7-1977 by L.L.
No. 12-1977]
(2)
An application to the Village Planning Board for subdivision or resubdivision approval as the same is defined by Chapter 219 of the Code of the village:
(a)
If the real property which is the subject of the application
for subdivision or resubdivision approval has a natural average slope of greater
than 10%. "Natural average slope" shall be defined, for the purposes of this
chapter, as the natural average grade which shall be measured perpendicular
to the natural contour lines and shall be the result of an averaging of measurements
made at fifty-foot intervals. All determinations of natural average slope
arising hereunder shall be referred to the Village Engineer by the Planning
Board.
(b)
If the real property to be divided into less than three
lots is located within 1,000 feet of mean high water.
[Amended 6-7-1977 by L.L.
No. 12-1977]
(7)
An application for the burning of a structure or building made to the Code Compliance Director of the village pursuant to Chapter 155, Fires and Bonfires, Outdoor, of the Code of the village or pursuant to the rules and regulations of the Northport Fire Department promulgated by the Board of Fire Commissioners on the third day of May 1976.[1]
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:
(2)
An application for an area variance made to the Board of Zoning Appeals pursuant to Chapter 306, Zoning, § 306-39, of the Code of the village, unless the purpose of said area variance is to facilitate or permit a Type I action as the same is set forth in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations.
(3)
An appeal to the Board of Zoning Appeals from the determination of the Code Compliance Director of the village filed pursuant to Chapter 306, Zoning, § 306-39, of the Code of the village, except when such appeal is accompanied by an action as set forth in § 138-3A(4) and (5) or by an action arising under the exception set forth in § 138-3B(2) above.
(4)
An application made to the Board of Architectural and Historic Review pursuant to Chapter 13, Architectural and Historic Review, Board of, or Chapter 243, Signs, of the Code of the village, unless said application involves an action described in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations under the heading "Type I," enumerated therein as item (a)(23).
(5)
All other applications made to the Board of Trustees or any officer, department, board, commission or employee of the village for approval of an action not set forth in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations or in § 138-3A hereof, unless said applications are made in connection with an action set forth in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations or set forth in § 138-3A above.
[Amended 6-7-1977 by L.L.
No. 12-1977; 2-1-2000 by L.L.
No. 2-2000]
A.
For the purposes of this chapter, the Board of Trustees
and the Planning Board of the Village of Northport are herewith charged with
the responsibility of enforcement and administration of this chapter.
B.
The Planning Board shall be deemed in all cases to be
the lead agency for all actions other than actions made by the Board of Trustees,
and in those actions, the Board of Trustees shall be the lead agency, as the
same is described in Section 617.4 of Title 6 of the New York Codes, Rules
and Regulations.
C.
The Planning Board may adopt rules and regulations, if
it deems the same to be necessary, to assist in the enforcement and administration
of this chapter, subject to the review and approval of the Board of Trustees.
The Board of Trustees may adopt rules and regulations, if it deems the same
to be necessary, to assist in the enforcement and administration of this chapter.
D.
The Board of Trustees and the Village Planning Board
are herewith authorized to require the Village Engineer and other consultants
and experts to assist in carrying out the provisions of this chapter. Any
expenditure of moneys hereunder shall be subject to the approval of the Board
of Trustees.
[Amended 6-15-1999 by L.L.
No. 7-1999; 8-17-1999 by L.L.
No. 12-1999; 2-1-2000 by L.L.
No. 2-2000]
A.
For the purpose of assisting in the determination of whether an action, as described in § 138-2B hereof, 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 or the Village Planning Board, as the case may be. All actions not involving an application, as set forth in § 138-2A hereof, shall also be subject to the following procedures: The written statement shall set 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, a detailed statement of the reasons why a proposed action may or will not have a significant effect on the environment may be included in this written statement. 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 or the Village Planning Board, as the case may be, and shall contain such additional relevant information as shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Board to whom the filing is made.
B.
Upon receipt of a completed application and a statement,
the Board of Trustees or the Village Planning Board, as the case may be, 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, describing the nature of the proposed
action and stating that written views thereon of any person shall be received
by the Board no later than a date specified in such notice.
C.
A written determination shall be rendered on such application within 15 days following receipt of a complete application and statement; provided, however, that such period may be extended in an action as described under § 138-2B hereof by mutual agreement of the applicant and the Board of Trustees or the Village Planning Board, as the case may be. The determination shall state whether such proposed action may or will not have a significant effect on the environment. Informal meetings may be held with the applicant and consultation may be made with any other person for the purpose of aiding the Board in making a determination on the application.
D.
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.
E.
Fee.
(1)
Pursuant to applicable state regulations, there is hereby
imposed upon each and every applicant for a determination by either the Village
Board of Trustees or Planning Board as lead agency under the State Environmental
Quality Review Act[1] (SEQRA) a fee to recover the actual cost of either preparation of an environmental impact statement (EIS) and/or review of an EIS presented by an applicant. In either event, the fee shall be as set forth in Chapter 147, Fees.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
(2)
The Board of Trustees or the Planning Board, as the case
may be, shall, with the assistance of the Village Engineer, formulate policies
and procedures to properly assess the actual cost to the Village of EIS preparation
and review.
(3)
An applicant may dispute the fee assessment by submitting
a written request for an explanation. The request, the fee assessment and
other pertinent documentation shall be forwarded to the Village Engineer for
a determination. Upon review by the Village Engineer or his designee, the
Village Engineer shall give the applicant a written determination, setting
forth reasons why the applicant's claims are valid or invalid, in whole or
in part. The determination by the Village Engineer shall constitute a final
administrative determination of the fees and costs. Such appeal procedure
shall not interfere with or cause a delay in the EIS process or prohibit action
from being undertaken.
F.
If it is determined that the proposed action is not an exempt action or not an action listed in § 138-3B 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 Board of Trustees or the Village Planning Board, as the case may be, 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. If it is determined, upon the review and analysis of the Village Engineer, that the proposed action may have a significant effect on the environment, the Board of Trustees or the Village Planning Board, as the case may be, shall prepare, file and circulate such determination as provided in Section 617.17(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.
[Amended 6-15-1999 by L.L.
No. 7-1999; 2-1-2000 by L.L.
No. 2-2000]
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Board of Trustees or the
Village Planning Board, as the case may be, 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 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 in an action arising under § 138-2B hereof decides not to submit an environmental impact report, the Board of Trustees or the Village Planning Board, as the case may be, shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, shall notify the applicant that the processing of the application will cease and that no approval will be issued. The Board of Trustees or the Village Planning Board, as the case may be, may require an applicant in an action arising under § 138-2B hereof to submit a fee to defray the expense to it of preparing a draft environmental impact statement or of reviewing the same if it is prepared by the applicant. Such fees shall be assessed and imposed pursuant to § 138-5E herein.
[Amended 2-1-2000 by L.L.
No. 2-2000]
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the Board of Trustees or the Village Planning
Board, as the case may be, a notice of completion containing the information
specified in Section 617.7(d) of Title 6 of the New York Codes, Rules and
Regulations shall be prepared, filed and circulated as provided in Section
617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
In addition, it shall be published in the official newspaper, if any, of the
village, and a copy thereof shall also be posted on the 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 Section 617.7(e) and
(f) of Title 6 of the New York Codes, Rules and Regulations.
B.
If the Board of Trustees or the Village Planning Board,
as the case may be, 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 at least 10 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 no less that 15
calendar days nor more than 45 calendar days after the filing of the draft
environmental impact statement, except as otherwise provided where the Board
of Trustees or the Village Planning Board, as the case may be, determines
by resolution 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.
C.
If, on the basis of a draft environmental impact statement
or a public hearing thereon, the Board of Trustees or the Village Planning
Board, as the case may be, 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.
[Amended 6-15-1999 by Ord.
No. 7-1999; 2-1-2000 by L.L.
No. 2-2000]
A.
Except as otherwise provided herein, the Board of Trustees or the Village Planning Board, as the case may be, shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations, provided further that, if the action involves an application arising under § 138-2B hereof, the Board of Trustees or the Village Planning Board 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 or the Village Planning Board, as the case may be, may extend this time by resolution 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 arising under § 138-2B hereof, such final environmental impact statement shall be accompanied by the fee specified in this section to defray the expenses of the village in preparing and/or evaluating the same. The fee shall be assessed and imposed pursuant to § 138-5E herein.
B.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 138-9 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.
C.
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 the Village Planning Board or by any other agency shall be made
until after the filing and consideration of the final environmental impact
statement.
[Amended 2-1-2000 by L.L.
No. 2-2000]
A.
When the Board of Trustees or the Village Planning Board
decides to approve an action which may have a significant effect on the environment,
it shall make the following findings in a written determination:
(1)
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.
(2)
All practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse environmental effects.
B.
For public information purposes, a copy of the determination
shall be filed and made available as provided in Part 617 of Title 6 of the
New York Codes, Rules and Regulations.
C.
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 or the Village Planning Board.
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.
[Amended 2-1-2000 by L.L.
No. 2-2000]
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 Code, Rules and Regulations; provided,
however, that if after such dates the Board of Trustees or an officer, board,
department, commission or employee of the village modifies an action undertaken
or approved prior to such dates and the Board of Trustees or the Village 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 of the New York Codes, Rules and Regulations. For
the purposes of this chapter, an action, including a subdivision or resubdivision,
which has been preliminarily approved by the Board of Trustees or the Village
Planning Board shall not be deemed approved as hereinabove set forth.
