[HISTORY: Adopted by the Board of Trustees of the Village of Florida 2-10-1987
by L.L. No. 3-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Fire Prevention and Building Code — See Ch.
63.
Flood damage prevention — See Ch.
67.
Subdivision of land — See Ch.
103.
Pursuant to Article 8 of the New York State Environmental Conservation
Law providing for environmental quality review of actions which may have a
significant effect on the environment, the Village Board of the Village of
Florida hereby adopts the following rules and regulations for local implementation
of said law.
Unless the context shall otherwise require, the terms, phrases and words
used in these rules and regulations shall have the same meaning as those defined
in § 8-0105 of the Environmental Conservation Law and Part 617 of
Title 6 of NYCRR.
No decision to carry out or approve an action, other than an action listed in §
59-4B hereof, shall be made by the Village Board or by any department, board, commission, officer or employee of the Village of Florida until there has been full compliance with all requirements of these rules and regulations; provided, however, that nothing herein shall be construed as prohibiting:
A. The conducting of contemporaneous environmental or engineering
studies and preliminary planning necessary to the formulation of a proposal
for action which do not commit the Village to approve, commence or engage
in such action.
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 these regulations have been fulfilled.
A. The following actions are likely to have a significant
effect on the environment:
(1) The granting of subdivision approvals.
(2) The granting of special use permits by the Planning Board.
(3) The granting of site plans.
B. The following actions are deemed not to have a significant
effect on the environment:
(1) The granting of variances.
(2) The granting of building permits.
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 of the Village of Florida, setting forth the name of the applicant;
the location of the 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 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 shall cause a notice thereof to be posted on the signboard, if any,
of the Village of Florida, 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 Planning Board no later than a date specified in such notice.
The Planning Board shall render a written determination on such application
within 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.
Every application for determination under these regulations shall be
accompanied by a reasonable fee, which fee shall be determined by the Village
Board and can be amended by it by resolution from time to time.
If the Planning Board determines that the proposed action is not an exempt action, not an action listed in §
59-4B hereof 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 Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action may be processed without further regard to these regulations. 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 Section 617.7(b) of Title 6 of NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of these regulations and Part 617 of Title 6 of NYCRR.
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 Part 617 of Title 6 of NYCRR:
(1) 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.
(2) In the case of an action not involving an applicant,
prepare a draft environmental impact statement.
B. If the applicant does not submit an environmental impact
report, the Planning Board shall 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,
a notice of completion containing the information specified in Section 617.7(d)
of Title 6 of NYCRR shall be prepared, filed and circulated as provided in
Section 617.7(e) and (f) of Title 6 of NYCRR. In addition, it shall be published
in the official newspaper of the Village and a copy thereof shall 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 Section 617.7(e) and (f) of Title 6 of NYCRR.
B. 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 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 than 15 calendar days nor more than 60 calendar days from 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.
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 these regulations.
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 Part 617 of Title 6 of NYCRR, 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 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 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 by the Village Board to
defray the expenses of the Village in preparing and/or evaluating same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in §
59-11 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 30 days of the filing of the final environmental impact
statement.
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:
A. 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.
B. All practicable means will be taken in carrying out or
approving the action 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 Part 617 of Title 6 of NYCRR.
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 NYCRR 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 these regulations and the provisions of Article 8 of the Environmental
Conservation Law and Part 617 of Title 6 of NYCRR; provided, however, that
if after such dates the 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 Part 617 of Title 6 of NYCRR.