[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.
CONSERVATION COMMISSION
PLANNING BOARD
VILLAGE BOARD
VILLAGE CLERK
As used in this chapter, the following terms shall have
the meanings indicated:
The Conservation Commission of the Village of Hastings-on-Hudson.
The Planning Board of the Village of Hastings-on-Hudson.
The Mayor and Board of Trustees of the Village of Hastings-on-Hudson
acting as a legislative body.
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.
