[HISTORY: Adopted by the Board of Trustees of the Village of Garden City 6-16-1977 as L.L. No. 6-1977; amended in its entirety 9-6-1979 by L.L. No. 4-1979. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Chs. 65 and 68.
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, as may be amended from time to time.
[Amended 11-5-1987 by L.L. No. 5-1987]
B. 
The term "village" shall mean the Incorporated Village of Garden City.
C. 
The term "Director" shall mean the Director of Public Works of the Incorporated Village of Garden City.
No decision to carry out or approve an action, other than an action listed in § 94-4 herein 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 by 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; 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 Part 617 of Title 6 of the New York Codes, Rules and Regulations have been fulfilled.
Unless otherwise provided herein, all notices required hereunder or in Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be filed with:
A. 
The Commissioner of Environmental Conservation.
B. 
The regional office of the State Department of Environmental Conservation.
C. 
The office of the Village Mayor.
D. 
The applicant, if any.
E. 
The main office and appropriate regional office of the lead agency, if any.
F. 
Each other agency involved in the approval of the action, if any.
A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations, the following are considered Type II actions or classes of actions which have been determined not to have a significant effect on the environment and do not require environmental impact statements:
(1) 
Replacement of a facility, in kind, on the same site.
(2) 
The granting of special permits or variances by the Village Board of Appeals.
(3) 
Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming.
(4) 
Repaving of existing highways not involving the addition of new travel lanes.
(5) 
Street openings for the purpose of repair or maintenance of existing utility facilities.
(6) 
Installation of traffic control devices on existing streets, roads and highways.
(7) 
Public or private forest management practices other than the removal of trees or the application of herbicides or pesticides.
(8) 
Construction or placement of minor structures accessory or appurtenant to existing facilities, including garages, carports, patios, home swimming pools, fences, barns or other buildings not changing land use or density by more than 20%.
(9) 
Maintenance of existing landscaping or natural growth.
(10) 
Mapping of existing roads, streets, highways, uses and ownership patterns.
(11) 
Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their businesses or professions.
(12) 
Sales of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
(13) 
Collective bargaining activities.
(14) 
Investments by or on behalf of agencies or pension or retirement systems.
(15) 
Routine or continuing agency administration and management, not including new programs or major reordering of priorities.
(16) 
License and permit renewals where there will be no material change in permit conditions or the scope of permitted activities.
(17) 
Construction, placement or resurfacing of tennis courts on village-owned or residential property.
(18) 
Routine activities of educational institutions which do not include capital construction.
(19) 
Information collection, including basic data collection and research, Master Plan study components, water quality and pollution studies, traffic counts, engineering studies, boring studies, surveys and soils studies that are not a preliminary step towards any given Type I project.
(20) 
Minor temporary uses of land having negligible or no permanent effect on the environment.
(21) 
Construction or alteration of a single- or two-family residence and accessory appurtenant uses or structures not in conjunction with the construction or alteration of two or more such residences and not in one of the critical areas described as Type I actions in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations.
(22) 
The extension of utility facilities to serve new or altered single-, two-family or multifamily residential structures or to render service in approved subdivisions.
(23) 
Construction or alteration of a store, office or restaurant for an occupancy use wherein the gross square footage of area of such construction or alteration does not exceed 50,000 square feet for a store, 100,000 square feet for an office or 5,000 square feet for a restaurant, if not in conjunction with the construction or alteration of two or more stores, offices or restaurants and if not in one of the critical areas described in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions and the construction of utility facilities to serve such establishments.
(24) 
Construction and repair of storm drains less than 10,000 feet in length.
(25) 
Construction and repair of water mains and sanitary sewers less than 1,000 feet in length.
(26) 
Construction and repair of fences less than 10 feet high and less than 2,500 feet in length.
(27) 
Repair and installation of utility cables, including those for cable television, underground within 10 feet of rear property line.
(28) 
Repair and installation of new streetlighting systems.
(29) 
Planting of trees and shrubs by authorized personnel.
(30) 
Spraying of trees and shrubs by authorized personnel.
(31) 
Removal of dead, diseased and damaged trees and shrubs by authorized personnel.
(32) 
Collection of leaves and operation of composting area.
(33) 
Modifications in the scheduling and method of collecting solid wastes.
(34) 
Planning, preparation and adopting of operating, expense or executive budget.
(35) 
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
(36) 
Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 50% of its existing size, square footage or usage.
(37) 
Rental of public school buildings pursuant to § 403-a of the New York State Education Law.
(38) 
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
A. 
Prior to directly undertaking funding or approving an action which may be subject to the State Environmental Quality Review Act, an initial review shall be made by the Director pursuant to Section 617.5 of Title 6 of the New York Codes, Rules and Regulations.
[Amended 11-5-1987 by L.L. No. 5-1987]
B. 
An environmental assessment form, in a form prescribed by the Director, together with any additional information required by him, shall be completed for every Type I action which is directly undertaken, funded, or approved by the village, unless an acceptable draft environmental impact statement has already been or will be prepared for the proposed action. No environmental assessment form shall be considered complete unless it contains a list prepared by the applicant of all other involved agencies which the applicant has been able to ascertain, exercising all due diligence.
C. 
With regard to unlisted actions, the Director shall determine whether an environmental assessment form should be prepared and filed and may prescribe the form to be used and require any additional information which he shall deem necessary.
[Amended 11-5-1987 by L.L. No. 5-1987]
Upon receipt of a completed application, the Director shall review the same and within 20 days forward it to the Village Clerk with his comments and recommendations as to whether the proposed action may or may not have a significant impact on the environment. The Village Clerk shall include the application on the agenda of the next regular meeting of the Board of Trustees.
A. 
The Board of Trustees shall consider such application and determine whether the proposed action may or may not have a significant impact on the environment as set forth in Section 617.9(b) and (c) of Title 6 of the New York Codes, Rules and Regulations.
[Amended 11-5-1987 by L.L. No. 5-1987]
B. 
Should the Board of Trustees determine that the proposed action will not have a significant impact on the environment, and no other agencies are involved, the proposed action may be processed without further regard to this chapter.
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 Part 617 of Title 6 of the New York Codes, Rules and Regulations:
A. 
In the case of an action involving an applicant, immediately notify the applicant and any other agency involved of such determination and shall request the applicant to 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.
A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the village, the village shall file a copy of the draft environmental impact statement, together with a notice of completion, in accordance with Section 617.10 of Title 6 of the New York Codes, Rules and Regulations.
B. 
The village shall provide a period of not less than 30 calendar days from the first filing of the notice of completion, or not less than 10 calendar days following a public hearing, for the receipt of comments on the draft environmental impact statement.
C. 
If the Board of Trustees determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be prepared and filed 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 to be in accordance with Section 617.10(e) of Title 6 of the New York Codes, Rules and Regulations. The hearing shall commence 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 agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law.
[Amended 11-5-1987 by L.L. No. 5-1987]
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. The village shall file a notice of such determination.
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 Part 617 of Title 6 of the New York Codes, Rules and Regulations, 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 calendar days after the close of any hearing or within 60 calendar 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.
The final environmental impact statement and notice of completion thereof shall be filed in accordance with Section 617.10 of Title 6 of the New York Codes, Rules and Regulations.
The public shall be afforded not less than 10 calendar days to consider the final environmental impact statement. Furthermore, no decision to carry out or approve a proposed action which has been the subject of a final environmental impact statement by the Board of Trustees shall be made until after the filing and consideration of the final environmental impact statement and compliance with the provisions of Section 617.9 of Title 6 of the New York Codes, Rules and Regulations. The Board of Trustees shall make a decision whether or not to approve the action within 30 calendar days of the filing of the final environmental impact statement, unless it deems it necessary to extend such time.
The village may charge fees to applicants. Such fees shall be determined by the Board of Trustees and shall not exceed the fees set forth in Section 617.17 of Title 6 of the New York Codes, Rules and Regulations.
Where more than one agency is involved in an action, the additional applicable procedures set forth in Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.
Actions undertaken or approved in the village prior to the applicable dates specified in Article 8 of the Environmental Conservation Law 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, the Board of Trustees modifies an action undertaken or approval prior thereto and 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.