Chapter 135

Chapter 135

ENVIRONMENTAL QUALITY REVIEW

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 6-27-1977 as L.L. No. 4-1977. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention and building construction — See Ch. 151.

Flood damage prevention — See Ch. 155.

Zoning — See Ch. 297.

Fees — See Ch. A312.

 

~ 135-1. Title.

This chapter shall be entitled “Village of Fredonia Environmental Quality Review Regulations.”

~ 135-2. Definitions.

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 6 NYCRR 617.

B.          As used in this chapter, the following terms shall have the meanings indicated:

PLANNING BOARD — The Planning Board of the Village of Fredonia.

VILLAGE — The Village of Fredonia.

 

~ 135-3. Compliance required; exemptions.

A.     On or after June 1, 1977, no decision to carry out and on or after September 1, 1977, no decision to approve an action other than an action listed in this section or 6 NYCRR 617.12 as a Type II action shall be made by the Village Board or by a 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 and Article 8 of the New York State Environmental Conservation Law. Notwithstanding the above-referenced dates, if a later date is provided by the New York State Environmental Conservation Law, then such later date shall apply.

B.     Nothing herein shall be construed as prohibiting the following:

(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 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 6 NYCRR 617 have been fulfilled.

 

~ 135-4. Actions deemed not to have significant environmental effects.

Consistent with 6 NYCRR 617 and the criteria therein, the following actions, in addition to those listed in 6 NYCRR 617.12 as Type II actions, are deemed not to have a significant effect on the environment if not located in a critical area:

A.     A subdivision plot of less than twenty (20) lots.

B.     Development of a subdivision plot of fewer than twenty (20) single-family homes.

C.     The purchase of land for or construction of a recreation facility of less than five (5) acres.

D.     Preparation and changes in the Official Map.

E.    The naming and numbering of streets.

~ 135-5. Application to determine environmental impact.

For the purpose of assisting in the determination of whether an action not listed in 6 NYCRR 617 as Type II or in ~ 135-3 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 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 an 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.

~ 135-6. Application to be posted.

Upon receipt of a complete application and a statement, the Planning Board shall cause a notice thereof to be posted on the signboard maintained by the Village Clerk 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.

~ 135-7. Review by Planning Board; time limits.

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.

~ 135-8. Application fee.[1]

Every application for determination under this chapter shall be accompanied by a reasonable fee to defray the expenses incurred in rendering such determination. The fee for determination as to whether an environmental impact statement is required by the proposed action shall be as set by resolution of the Board of Trustees.[2]

~ 135-9. Determination on application.

If the Planning Board determines that the proposed action is not an exempt action, not an action listed in ~ 135-3 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. 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.

~ 135-10. Fee for environmental impact statement.

The fees for reviewing and/or preparing environmental impact statements prepared by applicants pursuant to this chapter and 6 NYCRR 617 shall be determined by the Planning Board but shall not exceed one-half of one percent (1/2 of 1%) of the action’s total cost to the applicant in order to recover the costs of preparing and/or reviewing environmental impact statements.

[1] Editor’s Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.

[2]Editor’s Note: See Ch. A312, Fees.