[HISTORY: Adopted by the Board of Trustees of the Village
of Cornwall-on-Hudson 5-16-1977 by L.L. No. 2-1977. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 58.
Flood damage control — See Ch. 83.
Sewers — See Ch. 126.
Streets and sidewalks — See Ch. 135.
Subdivision of land — See Ch. 139.
Trees, shrubs and bushes — See Ch. 151.
Water — See Ch. 165.
Freshwater wetlands — See Ch. 168.
Zoning — See Ch. 172.
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter shall have the same meaning
as those defined in § 8-0105 of the Environmental Conservation
Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B.
PLANNING BOARD
VILLAGE
VILLAGE BOARD
As used in this chapter, the following terms shall have the meanings
indicated:
The Planning Board of the Village of Cornwall-on-Hudson.
The Village of Cornwall-on-Hudson.
The Board of Trustees of the Village of Cornwall-on-Hudson.
No decision to carry out or approve an action other than an
action listed in Section 617.12 of Title 6 of the New York Codes,
Rules and Regulations as a Type II action shall be made by the Village
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 Part 617 of Title 6 of the New York Codes, Rules
and Regulations; 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.
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 Part 617 of Title 6 of
the New York Codes, Rules and Regulations have been fulfilled.
A.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the actions listed in Section
617.12 of Title 6 of the New York Codes, Rules and Regulations as
Type I actions are likely to have a significant effect on the environment.
B.
Consistent with Part 617 of Title 6 of the New York Codes, Rules
and Regulations and the criteria therein, the actions listed in Section
617.12 of Title 6 of the New York Codes, Rules and Regulations as
Type II actions are deemed not to have a significant effect on the
environment.
C.
From time to time the Village Board and/or the Planning Board may,
by resolution, promulgate their own lists of additional actions that
are likely to (Type I) or not to (Type II) have a significant effect
on the environment, in accordance with the guidelines and criteria
in Article 8 of the Environmental Conservation Law and in Part 617
of Title 6 of the New York Codes, Rules and Regulations.
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 as to matters within its jurisdiction and
with the Village Board as to all other matters, 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 action. The statement to either
Board 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 said Board. In the event that there
is no form prescribed for any application to be made, the applicant
shall submit in writing all pertinent information concerning the project
in a form the applicant believes will be most helpful for the review
of its project.
Upon receipt of a complete application and a statement, the
Board concerned shall cause a notice thereof to be posted on the bulletin
board maintained by the Clerk in the Village Hall 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 Board concerned
no later than a date specified in such notice.
A.
The appropriate Board shall render a written determination on such
application within seven days after the next regular meeting of said
Board following due receipt of a complete application and statement;
provided, however, that such period in no event shall exceed 30 days
unless extended by mutual agreement of the applicant and said Board.
The determination shall state whether such proposed action may or
will not have a significant effect on the environment. The appropriate
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.
An application for such determination under this chapter shall
be accompanied by a reasonable fee to defray the expenses incurred
in rendering such determination, if any, to the extent determined
by resolution of the Village Board.
If the Planning Board or the Village Board, as the case may
be, determines that the proposed action is not an exempt action, that
it is not an action listed in Section 617.12 of Title 6 of the New
York Codes, Rules and Regulations as a Type II action and that it
may or will not have a significant effect on the environment, the
respective Board shall prepare, file and circulate such determination
as provided in Section 617.7(b) of Title 6 of the New York Codes,
Rules and Regulations, and thereafter the proposed action may be processed
without further regard to this chapter. If the respective Board determines
that the proposed action may have a significant effect on the environment,
said Board shall prepare, file and circulate such determination as
provided in Section 617.7(b) of Title 6 of the New York Codes, Rules
and Regulations, and thereafter the proposed action shall be reviewed
and processed in accordance with the provisions of this chapter and
Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Following a determination that a proposed action may have a
significant effect on the environment, the respective Board shall,
in accordance with the provisions of Part 617 of Title 6 of the New
York Codes, Rules and Regulations:
A.
In the case of an action involving an applicant, immediately notify
the applicant of the determination and shall request the applicant
to prepare an environmental impact report in the form of a draft environmental
impact statement.
B.
In the case of an action not involving an applicant, by its own staff
or by contract, prepare a draft environmental impact statement. If
the applicant decides not to submit an environmental impact report,
the Board concerned (having the action responsibility) 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. Said Board
may require an applicant to submit a fee to defray the expense to
it of preparing a draft environmental impact statement or reviewing
same if it is prepared by the applicant. The fees shall be determined
in accordance with the Environmental Conservation Law and Part 617
of Title 6 of the New York Codes, Rules and Regulations by resolution
of the Village Board, but in no event shall said fee exceed 1/2 of
1% of the action's total cost to the applicant.
Upon completion of a draft environmental impact statement prepared
by or at the request of the village (either Board), a notice of completion
containing the information specified in Section 617.7(d) of Title
6 of the New York Codes, Rules and Regulations shall be prepared,
filed and circulated as provided in Section 617.7(e) and (f) of Title
6 of the New York Codes, Rules and Regulations. In addition, it may
be published in the official newspaper of the village, and a copy
thereof shall be posted on the Village Clerk's bulletin board.
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 the New York Codes, Rules
and Regulations. If the Board concerned 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 comment shall be received. The hearing shall commence within
no less than 15 calendar days nor more than 60 calendar days of the
filing of the draft environmental impact statement, except as otherwise
provided where the respective Board determines that additional time
is necessary for the public or other agency review of the draft environment
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 appropriate 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.
Except as otherwise provided herein, the Board concerned shall
prepare or cause to be prepared a final environmental impact statement
in accordance with the provisions of Part 617 of Title 6 of the New
York Codes, Rules and Regulations, provided further that if the action
involves an application, said 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 said
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 a fee to defray the expenses of the village in preparing
and/or evaluating same. The fee shall be determined in accordance
with the Environmental Conservation Law and Part 617 of Title 6 of
the New York Codes, Rules and Regulations and, together with any fee
authorized elsewhere in this chapter, shall, in no event, exceed 1/2
of 1% of the action's total cost to the applicant.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 74-10 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 either Board
or by any other agency shall be made until after the filing and consideration
of the final environmental impact statement. Whichever Board has been
the lead agency for an action shall make a decision whether or not
to approve the action within 30 days of the filing of the final environmental
impact statement.
When either 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.
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
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 the New York Codes, Rules and Regulations.
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 either Board.
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 the New York
Codes, Rules and Regulations 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 Part 617 of Title 6 of the
New York Codes, Rules and Regulations; provided, however, that if,
after such dates, either Board modifies an action undertaken or approved
prior to that date and said Board determines that the modifications
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 the New York Codes, Rules and Regulations.
