[HISTORY: Adopted by the Board of Trustees of the Village of Piermont
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-8-1979 by L.L.
No. 1-1979]
The purpose of this chapter is to implement for the Village of Piermont
the State Environmental Quality Review Act and specifically Part 617 thereof.
A.Â
The terms and words used in this chapter shall have the
same meaning as such terms and words defined in Article 8 of the Environmental
Conservation Law and Part 617, unless the context requires a different meaning.
B.Â
EAF
EIS
PART 617
SEQR
VILLAGE
As used in this chapter, the following terms shall have
the meanings indicated:
Environmental assessment form.
Environmental impact statement.
The rules and regulations set forth in 6 NYCRR 617.
The State Environmental Quality Review Act as set forth in Article
8 of the Environmental Conservation Law.
The Village of Piermont.
No action, other than an exempt, excluded or Type II action, shall be
carried out, approved or funded by any agency, board, body or officer of the
Village, unless it has complied with SEQR, Part 617, to the extent applicable,
and with this chapter.
A.Â
An EAF shall be prepared by or on behalf of any agency,
board, body or officer of the Village in connection with any Type I action
such agency, board, body or officer contemplates or proposes to carry out
directly. For an unlisted action, an EAF in a short or long form may be prepared
to facilitate a preliminary determination of environmental significance.
B.Â
An application for permit or funding of a Type I action
shall be accompanied by an EAF and, for an unlisted action, may be accompanied
by a short- or long-form EAF, as may be needed to assist the lead agency in
making a preliminary determination of environmental significance. An applicant
may prepare a draft EIS to accompany the application in place of the EAF.
In lieu of an EAF, the Village Board may adopt a different procedure for reviewing
the environmental significance of unlisted actions.
C.Â
The board or agency of the Village charged with the making
of the principal decision concerning any action subject to SEQR shall make
a preliminary determination of the environmental significance of the action
on the basis of the EAF, draft EIS or, with respect to unlisted actions, in
accordance with its own procedures, as the case may be, and such other information
it requires. Such determination shall be made within 15 days of its designation
as lead agency or within 15 days of its receipt of all information it requires,
whichever is later. For Type I actions, a determination of nonsignificance
shall be noticed and filed as provided in 6 NYCRR 617.10(b); for unlisted
actions, a determination of nonsignificance shall be sent to the applicant
and maintained in accordance with 6 NYCRR 617.7(e) and 617.10(f). After a
determination of nonsignificance, the action, including one involving a permit
or funding, shall be processed without further regard to SEQR, Part 617 or
this chapter.
[Amended 2-15-1983 by L.L.
No. 2-1983]
D.Â
The time of filing an application for approval or funding
of an action shall commence to run from the date the preliminary determination
of environmental nonsignificance is rendered or, if in lieu of an EAF the
applicant prepares a draft EIS, from the date the applicant files a draft
EIS acceptable to the lead agency.
If the lead agency determines that an EIS is required, it shall proceed
as provided in 6 NYCRR 617.8, 617.9 and 617.10. Commencing with the acceptance
of the draft EIS, the time limitation for processing the EIS shall run concurrently
with the time limitations applicable to processing the application for approval
or funding of the action, and a public hearing on the draft EIS, if any, shall
be held concurrently with any hearing to be held on such application. The
draft EIS shall be prepared by the applicant. Failure by the applicant to
prepare an EIS acceptable to the lead agency shall, at the option of the lead
agency, be deemed an abandonment and discontinuance of the application.
Environmental review of actions involving a federal agency shall be
processed in accordance with 6 NYCRR 617.16.
The fees for review or preparation of an EIS involving an applicant
for approval or funding of an action shall be fixed from time to time by a
resolution of the Board of Trustees. Limitations on the amount of fees is
prescribed by 6 NYCRR 617.17. If the applicant prepares the EIS, the Village
may charge a fee for the actual expenses of reviewing it, but if a Village
agency prepares an EIS on behalf of an applicant, it may charge a fee for
the cost of preparing, including publication of notices, but not for the cost
of professional review.
[Amended 1-7-1992 by L.L.
No. 3-1992]
Critical areas of environmental concern may be designated by resolution
of the Board of Trustees in accordance with 6 NYCRR 617.4(h).
In addition to the Type I actions set forth in 6 NYCRR 617.12, the Board
of Trustees may by resolution from time to time add additional actions to
the Type I list.
[Adopted 4-23-1985 by L.L.
No. 5-1985]
[Amended 1-3-1989 by L.L.
No. 1-1989]
The Board of Trustees hereby designates the following areas as critical
environmental areas in accordance with Section 617 of the New York Code of
Rules and Regulations: See Schedule A.
|
Schedule A
|
|
All property lying within the Village of Piermont
|
[Amended 1-7-1992 by L.L.
No. 3-1992]
Any unlisted action taken with respect to properties located within
the critical environmental area shall be treated as a Type I action as defined
by the State Environmental Quality Review Act,[1] unless excluded by the provisions of § 96-13.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
All Type 1 actions shall require the filing of a long-form environmental
assessment form (EAF) with the Village lead agency. Not all Type 1 actions
shall require the filing of an environmental impact statement (EIS). The decision
as to whether an EIS is required shall be made by the Village lead agency.
The following actions shall be excluded from the requirements of this
article in connection with residential development and use:
A.Â
Any use permitted by right which does not involve more
than one residential unit.
[Amended 1-3-1989 by L.L.
No. 1-1989]
