[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 2-9-1977
as L.L. No. 3-1977. Amendments noted where applicable.]
A.
BUILDING INSPECTOR
PLANNING BOARD
VILLAGE
As used in this chapter, the following terms shall have
the meanings indicated:
The designated Building Inspector for the Village of Scotia.
The Village of Scotia Planning Board.
The Village of Scotia.
B.
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 6 NYCRR 617.
No decision to carry out or approve an action other than an action listed in § 129-3B hereof or 6 NYCRR 617.12 as a Type II action shall be made by the Building Inspector or Planning Board 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 6 NYCRR 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 6 NYCRR 617 have been fulfilled.
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 Planning
Board 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 Planning Board 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 Planning
Board.
Upon receipt of a complete application and a statement, the Planning
Board Chairman 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 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 Planning Board no later than
a date specified in such notice.
A.
The Planning Board shall render a written determination
on such application within fifteen (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 Planning Board. The determination
shall state whether such proposed action may or will not have a significant
effect on the environment. The Planning Board 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.
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 reasonable fee set forth in this section to defray the expenses incurred
in rendering such determination. The application fee shall be ten dollars
($10.).
A.
If the Planning Board determines that the proposed action is not an exempt action, not an action listed in § 129-3B hereof or 6 NYCRR 617.12 as a Type II action and that it will not have a significant effect on the environment, the Planning Board shall prepare, file and circulate such determination as provided in 6 NYCRR 617.7(b), and thereafter the proposed action may be processed without further regard to this chapter.
B.
If the Planning Board determines that the proposed action
may have a significant effect on the environment, the Planning Board shall
prepare, file and circulate such determination as provided in 6 NYCRR 617.7(b),
and thereafter the proposed action shall be reviewed and processed in accordance
with the provisions of this chapter and 6 NYCRR 617.
A.
Following a determination that a proposed action may
have a significant effect on the environment, the Planning Board shall, in
accordance with the provisions of 6 NYCRR 617:
(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; or
(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 Planning Board 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 Planning Board may require an applicant to submit a fee to
defray the expense to it of preparing a draft environmental impact statement
or reviewing the same if it is prepared by the applicant. Such fee shall be
at a rate sufficient to fully reimburse the Planning Board for the expense
of preparation by an independent concern.[1]
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 617.7(d) shall be prepared, filed and
circulated as provided in 6 NYCRR 617.7(e) and (f). In addition, it shall
be published in 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 617.7(e) and (f).
B.
If the Planning Board 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 a newspaper having general circulation within the village
at least ten (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 within no more than sixty (60) calendar
days of the filing of the draft environmental impact statement, except as
otherwise provided where the Planning Board 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.[1]
C.
If, on the basis of a draft environmental impact statement
or a public hearing thereon, the Planning Board 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.
A.
Except as otherwise provided herein, the Planning Board
shall prepare or cause to be prepared a final environmental impact statement
in accordance with the provisions of 6 NYCRR 617; provided, further, that
if the action involves an application, the Planning Board may direct the applicant
to prepare the final environmental impact statement. Such final environmental
impact statement shall be prepared within forty-five (45) days after the close
of any hearing or within sixty (60) days after the filing of the draft environmental
impact statement, whichever last occurs; provided, however, that the Planning
Board 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 the fee specified in this section
to defray the expenses of the village in preparing and/or evaluating the same.
The fee shall be at a rate sufficient to fully reimburse the Planning Board
for the expense of preparation by an independent concern.[1]
B.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 129-10 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 Planning Board or by any
other agency shall be made until after the filing and consideration of the
final environmental impact statement. Where the Planning Board has been the
lead agency for an action, it shall make a decision whether or not to approve
the action within thirty (30) days of the filing of the final environmental
impact statement.
A.
When the Planning Board 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:
(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; and
(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 6 NYCRR 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 Planning Board.
Where more than one (1) agency is involved in an action, the procedures
of 6 NYCRR 617.4 and 617.8 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 617; provided, however, that if, after such dates, the Building
Inspector or Planning Board modifies an action undertaken or approved prior
to that date and the 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 6 NYCRR 617.
