Village of Hastings-on-Hudson, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 5-31-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 295.
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. 
As used in this chapter, the following terms shall have the meanings indicated:
CONSERVATION COMMISSION
The Conservation Commission of the Village of Hastings-on-Hudson.
PLANNING BOARD
The Planning Board of the Village of Hastings-on-Hudson.
VILLAGE BOARD
The Mayor and Board of Trustees of the Village of Hastings-on-Hudson acting as a legislative body.
VILLAGE CLERK
The Village Clerk of the Village of Hastings-on-Hudson.
No decision to carry out or approve an action, other than an exempt action as set forth in § 617.13(h) of Title 6 of the New York Codes, Rules and Regulations or § 617.12 of Title 6 of the New York Codes, Rules and Regulations designated as a Type II action or an action set forth in § 131-5 hereof or an action listed in a supplemental schedule of Type II actions, pursuant to the regulations of the Planning Board, shall be made by the Village Board or by any department, board, commission, agency, 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 simultaneous 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.
C. 
The granting of an approval or conditional approval which is made subject to compliance with all provisions of a satisfactorily completed and approved environmental review in accordance with the provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
D. 
The informal submission of a plan or descriptive material by an individual, group or organization to the Village Board or to any department, board, commission, agency, officer or employee of the Village for discussion purposes only, which may lead to a formal, submitted application or formal preapplication process, which discussion and review will not commit the Village or any department, board, commission, agency, officer or employee to any approval or course of action.
The Planning Board is hereby authorized to establish a supplemental schedule of Type II actions which shall be consistent with the provisions of §§ 617.12 and 617.13(h) designated as Type II actions (Title 6 of the New York Codes, Rules and Regulations), the general purposes and policies of Title 6 of the New York Codes, Rules and Regulations or actions set forth in § 131-5 hereof. Prior to establishing such supplemental schedule, which shall be submitted to the Village Board for approval, the Planning Board shall first consult with the Conservation Commission. In the event that the Conservation Commission desires to modify, alter or amend the supplemental schedule of Type II actions, it may submit its recommendations to the Village Board. Said supplemental schedule of Type II actions shall not become effective until ratified by the Village Board.
The following actions, in addition to those listed in § 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:
A. 
A residential development of any type or density of development, all or partially within the boundaries of the Village, wherein:
(1) 
Six or more units of residence to be located within the Village will be constructed with individual or collective, nonmechanical sanitary sewage disposal systems;
(2) 
Six or more units of residence to be constructed within or without the Village will be constructed either privately or publicly, with sewerage systems located within or discharging within the boundaries of the Village; or
(3) 
Six or more units of residence to be constructed within or without the Village will be constructed with their sanitary sewage to be discharged into a public sewer system located within the Village.
B. 
The creation of any plats for subdivision pursuant to Chapter 295 of the Code of the Village of Hastings-on-Hudson.
C. 
Any application for construction, alteration or modification in any dedicated public park or dedicated open space, other than the replacement, maintenance or repair of an existing building, structure, pavement or facility.
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in § 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:
A. 
Enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings.
B. 
Ministerial actions.
C. 
Maintenance or repair involving no substantial changes in an existing structure or facility.
D. 
With respect to the requirements of Subdivision 2 of § 8-0109 of Article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under Articles VII and VIII of the Public Service Law[1] and the consideration, grant or denial of any such certificate.
[1]
Editor's Note: Article VIII of the Public Service Law was in full force and effect until 1-1-1989 and has expired.
E. 
Actions subject to the jurisdiction of local governments pursuant to § 808 of the Executive Law, including actions of such local governments hereunder.
F. 
Except as set forth in § 617.5 of Title 6 of the New York Codes, Rules and Regulations and the State Environmental Quality Review Act, actions undertaken or approved prior to the effective date(s) of Article 8 of the Environmental Conservation Law. An action shall be deemed to be undertaken or approved prior to such date(s) if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
G. 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
H. 
Actions of the Legislature of the State of New York or any court.
I. 
Building permits for any type of residential or commercial structure.
J. 
Certificates of occupancy for any type of residential or commercial structure.
A. 
For the purposes 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 Village Board or such other department, board, commission, agency, officer or employee having jurisdiction over such permit or other approval.
B. 
The application shall be on a form provided by the Planning Board and shall set forth the name of the applicant, the location of the real property affected, if any, and a description of the nature of the proposed action. Such statement shall also include any claim that the proposed action is an exempt action under § 617.13 of Title 6 of the New York Codes, Rules and Regulations or a Type II action under § 617.12 of Title 6 of the New York Codes, Rules and Regulations or an exempt action under § 131-5 of this chapter or under the supplemental schedule of Type II actions and the estimate of the total cost. In addition, applicants may include a detailed explanation of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. This statement shall contain such additional relevant information as may be required in the prescribed form and may be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Village Board or such other appropriate department, board, commission, agency, officer or employee having jurisdiction.
C. 
Where the action for permit or other approval requires a separate application, the Planning Board statement shall be filed simultaneously with the separate application for such action.
D. 
In addition to any other fees which may be required for such permit or approval, the application shall be accompanied by such fees as may be determined from time to time by the Village Manager, pursuant to a resolution by the Mayor and Board of Trustees.
[Amended 6-17-1986 by L.L. No. 4-1986]
The Village Board or the department, board, commission, officer or employee that has received such application, statement and fee shall deliver the same to the Village Clerk, who shall maintain a record of all such statements. The Village Clerk shall cause a 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 lead agency, as determined in § 131-8. The Village Clerk shall also send a copy of such notice to the Conservation Commission, which shall also express its views, in writing, to the lead agency.
[Added 6-17-1986 by L.L. No. 4-1986]
The lead agency is the agency (i.e., board, department, office, other body or officer of the Village) principally responsible for carrying out, funding or approving an action. The lead agency is responsible for determining whether an environmental impact statement is required for the action and for preparing and filing the environmental impact statement if it is required. Where more than one agency is involved, the lead agency is determined and designated as provided in §§ 617.6 and 617.7 of Title 6 of the New York Codes, Rules and Regulations.
A. 
The lead agency, after consultation with the Conservation Commission, shall render a written determination of such application within 30 days following receipt of a complete application and statement from the Village Clerk; provided, however, that such period may be extended by mutual agreement of the applicant and the lead agency. The determination shall state whether such proposed action may or will not have a significant effect on the environment. If the lead agency's determination is that such proposed action will not have a significant effect on the environment under § 131-10A of this chapter, the determination shall so specifically state. The lead agency may hold informal meetings with the applicant and may meet with and consult any other person or board or commission for the purpose of aiding it in making a determination of the application.
[Amended 6-17-1986 by L.L. No. 4-1986]
B. 
The time limitations provided in this chapter shall be coordinated, to the extent practicable, with other time limitations provided by statute or local law, ordinance or regulation of the Village.
[Amended 6-17-1986 by L.L. No. 4-1986]
A. 
If the lead agency, after consultation with the Conservation Commission, determines that the proposed action is an exempt action, an action listed in § 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action or an action listed in a supplemental schedule of Type II actions, the proposed action may be processed without further regard to this chapter.
B. 
If the lead agency, after consultation with the Conservation Commission, determines that the proposed action will not have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in § 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.
C. 
If the lead agency, after consultation with the Conservation Commission, determines that the proposed action may have a significant effect on the environment, the lead agency shall prepare, file and circulate such determination as provided in § 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.
[Amended 6-17-1986 by L.L. No. 4-1986]
Following a determination that a proposed action may have a significant effect on the environment, the lead agency 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 direct 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, prepare a draft environmental impact statement.
[Amended 6-17-1986 by L.L. No. 4-1986]
Upon completion of a draft environmental impact statement prepared by or at the direction of the lead agency, a notice of completion containing the information specified in § 617.7(d) of Title 6 of the New York Codes, Rules and Regulations shall be prepared, filed and circulated as provided in § 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. In addition, it shall be published in the official newspaper 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 § 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. A copy of the statement shall be sent to the Conservation Commission.
[Amended 6-17-1986 by L.L. No. 4-1986]
The lead agency shall hold a public hearing at its own discretion or at the request of the Conservation Commission 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. Notice of the public hearing shall also be sent to the Village Conservation Commission, which shall submit its own comments and recommendations to the lead agency prior to the hearing. Such hearing shall commence no less than 15 calendar days nor more than 60 calendar days after the filing of draft environmental impact statement; provided, however, that the lead agency may extend this time if necessary for public or other agency review of the draft environmental impact statement or where a different hearing date is required or appropriate under other applicable law.
[Amended 6-17-1986 by L.L. No. 4-1986]
If, on the basis of a draft environmental impact statement or a public hearing hereon, the lead agency makes a written determination that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter.
[Amended 6-17-1986 by L.L. No. 4-1986]
A. 
Except as otherwise provided herein, the lead agency 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, the lead agency may direct the applicant to prepare the final environmental impact statement.
B. 
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 lead agency may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 131-12 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.
[Amended 6-17-1986 by L.L. No. 4-1986]
No decision to carry out or approve an action which has been the subject of a final environmental impact statement shall be made by the Village Board or by any department, board, commission, agency, officer or employee of the Village until after the filing and consideration of the final environmental impact statement by the lead agency, which shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement.
[Amended 6-17-1986 by L.L. No. 4-1986]
When the lead agency 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 and 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 environment impact statements; and
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects, including the effects disclosed in the relevant environmental impact statements.
For public information purposes, a copy of the determination referred to in § 131-18 herein shall be filed and made available as provided in § 617.8(c) of Title 6 of the New York Codes, Rules and Regulations.
[Amended 6-17-1986 by L.L. No. 4-1986]
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 the lead agency.
Where more than one agency is involved in an action, the procedures of §§ 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.
[Amended 6-17-1986 by L. L. No. 4-1986]
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 New York State Quality Review Act of August 1, 1975, and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that if, after such dates, the Village or any of its departments, boards, commissions, officers or employees having jurisdiction modified an action undertaken or approved prior to that date and the lead agency 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 the New York Codes, Rules and Regulations.
A. 
Every application for a determination under this chapter shall be accompanied by a fee in accordance with the following schedule:
(1) 
For preliminary applications pursuant to § 131-6, Initial screening statement, and which do not require a final environmental impact statement: a fee to be determined by the Village Board by resolution and set in the fee schedule.
[Amended 9-21-1999 by L.L. No. 4-1999]
(2) 
Where the action requires a draft environmental impact statement pursuant to § 131-11A hereof: a statutory fee of $25 plus costs of publication.
(3) 
Where the action requires a draft environmental impact statement pursuant to § 131-11B hereof: a statutory fee of $25 plus costs of publication.
(4) 
Where the action requires an environmental impact statement pursuant to § 131-15A hereof and such statement is prepared by the applicant: a fee to be determined by the Village Board by resolution and set in the fee schedule.
[Amended 9-21-1999 by L.L. No. 4-1999]
(5) 
Where the action requires an environmental impact statement pursuant to § 131-15 hereof and such statement is prepared by or under the lead agency: a fee to be determined by the Village Board by resolution and set in the fee schedule.
[Amended 6-17-1986 by L.L. No. 4-1986; 9-21-1999 by L.L. No. 4-1999]
B. 
No applicant for action shall be required to pay a fee for processing environmental impact statements to conclusion under Subsection A(1), (2), (3), (4) and (5), in an aggregate amount in excess of 1/2 of 1% of the actual total cost of such action, exclusive of costs of publication and fees required under Subsection C hereafter or pursuant to any other provisions of law, and fees paid pursuant to Subsection A(1), (2), (3), (4) and (5) hereof shall be applied to fees required to be paid under any of such sections.
C. 
The Village may establish reasonable fees for technical services required or requested to be rendered by any Village agency with respect to any application hereunder.