As used in this chapter, the following terms shall have the
meanings indicated:
ACTION
Any activity of the Town, except exempt actions as defined in §
154-2, including, without limitation:
A.
Physical activities, such as construction or other activities
which change the use or appearance of any natural resource or structure.
B.
Funding activities, such as the proposing, approval or disapproval
of contracts, grants, subsidies, loans, tax abatements, exemptions
or other forms of direct or indirect financial assistance.
C.
Planning activities, such as site selection for other activities
and the processing, approval or disapproval of master or long-range
plans, zoning or other land use maps, ordinances or regulations, development
plans or other plans designed to provide a program for future activities.
D.
Policy-making activities, such as the making, modification or
establishment of rules, regulations, procedures, policies and guidelines.
COMMISSIONER
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead, or his duly authorized representative.
ENVIRONMENT
The physical conditions which will be affected by a proposed
action, including land, air, water, minerals, flora and fauna, noise,
objects of historical or aesthetic significance, existing patterns
of population concentration, distribution or growth and existing community
or neighborhood character.
FINAL ENVIRONMENTAL IMPACT STATEMENT
A detailed written document prepared in accordance with §
154-5B, including any comments on a draft environmental impact statement and the Town's response to such comments, to the extent that such comments raise issues not adequately resolved in the draft environmental impact statement.
MINISTERIAL
An action performed upon a given state of facts and in a
prescribed manner imposed by law without the exercise of any judgment
or discretion as to the propriety of the action, although law may
require, to some degree, a construction of its language or intent.
SIGNIFICANT EFFECT ON THE ENVIRONMENT
Those actions which, in the considered opinion of the Commissioner,
cross certain critical thresholds necessary for the health and safety
of the people of the Town of Hempstead and the protection of the environment.
The thresholds to be established in determining the significance of
an environmental effect shall take into account social and economic
factors. The Commissioner shall promulgate rules and regulations setting
forth the criteria and categorization of actions usually associated
with significant effects on the environment.
TOWN
The Town of Hempstead, the Town Board or any department,
board, bureau, agency, commission, officer or employee thereof.
The following actions or activities are exempt from the provisions
of this chapter:
A. Enforcement proceedings or the exercise of prosecutorial discretion
in determining whether or not to institute such proceeding; or any
action ordered by a court of competent jurisdiction.
B. Official acts of a ministerial nature involving no exercise of discretion.
However, if, in the opinion of the Commissioner and pursuant to the
rules and regulations promulgated by him, the ministerial act involves
a project of such magnitude or special character that it may have
a significant impact on the environment, then the Commissioner may
demand compliance with the provisions of this chapter.
C. Maintenance or repairs involving no substantial changes in existing
structures or facilities.
D. The conducting of contemporaneous environmental, engineering, economic
feasibility or other studies and preliminary planning and budgetary
procedures necessary to the formulation of a proposal for an action
which do not commit the Town to approve, commence or engage in such
action.
E. The granting of any part of an application which relates only to
technical specifications and requirements, provided that no such approval
shall entitle or permit the commencement of the action until all of
the requirements of this chapter shall be complied with.
F. Actions which are immediately necessary on a limited emergency basis
for the protection or preservation of life, health, property or natural
resources.
G. Actions requiring a certificate of environmental compatibility and public need under Articles
VII and
VIII of the Public Service Law, and the consideration of a grant or denial of any such certificate.
The Commissioner may, in his discretion, extend any deadline
or time requirement in this chapter when it is necessary for public
or other agency review of the statements required herein; where additional
time is necessary to complete the statement adequately; where problems
with the proposed action requiring material reconsideration or modification
have been identified; when a hearing date required by other applicable
law may be more convenient; or for other good cause.