BOARD OF TRUSTEES VILLAGE OF DERING HARBOR
SEQRA RESOLUTION REGARDING THE ADOPTION OF A LOCAL LAW OF 2013 WAIVING THE BUDGET LIMITATION OF SECTION 3-C OF THE GENERAL MUNICIPAL LAW
WHEREAS a local law of2013 waiving the 2% tax limitation pursuant to General Municipal Law has been proposed for adoption by the Board of Trustees of the Village of Dering Harbor, and;
WHEREAS the Board of Trustees of the Village of Dering Harbor has duly considered the obligations of the Village of Dering Harbor and the Board of Trustees of the Village of Dering Harbor with regard to SEQRA, and completed a short form EAF for purposes of SEQRA, it is therefore;
RESOLVED that the Board of Trustees adopts Lead Agency status for purposes of SEQRA with regard to the approval of the adoption of the local law and it is further RESOLVED that the Board of Trustees hereby determines that this adoption of the local law is an Unlisted Action for purposes of SEQRA; it is further; RESOLVED that the Board of Trustees of the Village of Dering Harbor hereby determines that the adoption of the local law;
Will not have a significant negative impact on the environment in the action, and;
Will not result in a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, substantial increase in solid waste production, a substantial increase in potential for erosion, flooding, leaching or drainage problems, and; Will not result in the removal or destruction of large quantities of vegetation or fauna, substantial interference with the movement of any resident or migratory fish or wildlife species,
This local law shall take effect on the adoption of this local law by the Board of Trustees.
The Board of Trustees of the Village of Dering Harbor determines and finds that it is in the best interests of the Village, its residents and property owners to enact this Local Law.
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
2.0 General Provisions
2.1 Tax Levy Limit Override
The Board of Trustees of the Village of Dering Harbor, County of Suffolk, is hereby authorized to adopt a budget for the fiscal year commencing June 1, 2013 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
3 .0 Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
impacts on habitats, or other significant adverse impact on natural resources, impairment of a critical environmental area and; Will not result in the creation of a material conflict with a community’s current plans or goals, and;
Will not result in the creation of a hazard to human health, and;
Will not result in a substantial change in land use, and;
Will not encourage or attract an additional large number of people to a place for more than a few days, and; Will not result in the creation of a material demand for other actions, and; Will not result in changes in two or more elements of the environment, each of which is not
significant but when reviewed together are significant two ore more related actions each of which is not significant but when reviewed together are significant, and that it is therefore; RESOLVED that a Negative Declaration is hereby adopted for purposes of SEQRA.