[HISTORY: Comes from L.L.
No. 38-1977, adopted 3-29-1977, effective 6-1-1977.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any activity of the Town, except exempt actions as defined in § 154-2, including, without limitation:
Physical activities, such as construction or other activities
which change the use or appearance of any natural resource or structure.
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.
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.
Policy-making activities, such as the making, modification or
establishment of rules, regulations, procedures, policies and guidelines.
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead, or his duly authorized representative.
A detailed written preliminary statement prepared pursuant to § 154-5C.
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.
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.
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.
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.
The Town of Hempstead, the Town Board or any department,
board, bureau, agency, commission, officer or employee thereof.
One or more natural results which usually occur because of
natural interrelationships or cycles.
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.
A.
The Town shall not approve or carry out an action which may have
a significant effect on the environment unless and until a final environmental
impact statement shall have been prepared, circulated, filed and considered
in the manner prescribed herein.
B.
Whenever the Town decides to approve or carry out an action which
may have a significant effect on the environment and which has been
the subject of a final environmental impact statement by this chapter,
then the Town shall make the following written declarations:
(1)
That the action to be carried out is consistent with essential considerations
of Town policy.
(2)
That from among the reasonable alternatives, the action to be carried
out minimizes adverse environmental effects.
(3)
That all practicable means will be taken to minimize those adverse
environmental effects.
A.
The Department of Conservation and Waterways is hereby designated
the lead environmental agency of the Town for the purposes enumerated
in Article 8 of the New York State Environmental Conservation Law
and for the further purposes of coordinating, administering and enforcing
the provisions of this chapter.
B.
The Commissioner is hereby vested with the final responsibility and
power of preparing and passing upon the scope, content and adequacy
of environmental impact statements required or submitted pursuant
to this chapter.
C.
The Department of Conservation and Waterways shall have the duty
and responsibility to prepare, file and circulate the environmental
impact statements required or submitted pursuant to this chapter and
to conduct public hearings thereon.
D.
The Commissioner, after a public hearing, is authorized to adopt
and promulgate rules and regulations and necessary procedures for
the orderly implementation of this chapter.
A.
Environmental impact statements shall be of two types: either a final
environmental impact statement or a draft environmental impact statement.
B.
A final environmental impact statement shall include a detailed statement
setting forth the following:
(1)
A description of the proposed action and its environmental setting.
(2)
The environmental impact of the proposed action, including short-term
and long-term effects and typical associated environmental effects.
(3)
An identification of any adverse environmental effects which cannot
be avoided should the proposal be implemented.
(4)
A discussion of alternatives to the proposed action and the comparable
impacts and effects of each alternative.
(5)
An identification of any irreversible and irretrievable commitments
of resources which would be involved in the proposed action should
it be implemented.
(6)
A description of mitigation measures proposed to minimize the environmental
impact.
(7)
A description of any growth-inducing aspects of the proposed action.
(8)
A discussion of the effects of the proposed action on the use and
conservation of energy resources.
(9)
Copies or summaries of the substantive comments received by the Commissioner,
including those received at any public hearing, and the Town's
response thereto.
(10)
Any other information consistent with the purposes of this chapter
as may be required by the request or the rules and regulations of
the Commissioner.
C.
A draft environmental impact statement shall resemble in form and
content a final environmental impact statement and describe in detail
the proposed action and reasonable alternatives thereto and briefly
set forth the basis of the information then available. However, the
length and detail of the draft environmental impact statement will
necessarily reflect the preliminary nature of the proposal and the
early stages at which it was prepared.
A.
Every officer, employee, department, board, bureau, agency or commission
of the Town is obliged to advise the Commissioner, as soon as possible
in the decision-making process, of proposals or actions which are
likely to have a significant effect on the environment.
B.
Upon receipt of the environmental assessment information outlined above, the Commissioner shall categorize such action as either exempt action, as defined by § 154-2 herein; or insignificant impact; or likely to have a significant impact. If an action is categorized as either exempt or insignificant, the proposal may proceed without further regard to this chapter. For purposes of public inspection, the Commissioner shall retain in his files a written declaration and the reasons for any such categorization.
C.
If the Commissioner determines that the proposed action may have
a significant impact on the environment, he shall immediately file
a notice of determination of probable significant impact with the
regional office of the State Department of Environmental Conservation,
the New York State Commissioner of Environmental Conservation and
the office of the Town Clerk, who shall maintain such a file for public
inspection.
D.
Following a determination that a proposed action may have a significant effect on the environment, the Commissioner shall prepare a draft environmental impact statement as outlined in § 154-5C.
E.
Notice of completion.
(1)
Immediately upon completion of a draft environmental impact statement,
the Commissioner shall issue a notice of completion of a draft environmental
impact statement in the following form and manner. The notice of completion
shall contain the following:
(a)
A brief description of the action covered by the draft environmental
impact statement and the location of its potential impacts and effects.
(b)
A statement indicating where and how copies of the draft environmental
impact statement can be obtained from the Commissioner.
(c)
A statement that comments on the draft environmental impact
statement are required and will be received and considered by the
Town at a stated address for a period of:
(d)
If appropriate, a notice of public hearing in the form and content
prescribed herein.
(2)
The notice of completion of the draft environmental impact statement
shall be sent to all other agencies involved in the action, persons
who have requested it, the editor of the State Bulletin, the state
clearinghouse and the relevant regional clearinghouse designated under
Federal Office and Management and Budget Circular A-95. In addition,
copies of the draft environmental impact statement and notice of completion
shall be filed immediately with the regional office of the State Department
of Environmental Conservation, the New York State Commissioner of
Environmental Conservation and the office of the Town Clerk.
F.
Upon completion of the draft environmental impact statement, the
Commissioner shall determine whether or not to conduct a public hearing,
giving due regard to the interest shown by other persons and the extent
to which a public hearing can aid the Town's decision-making
process, by providing a forum for the efficient collection of comments,
criticisms and information.
G.
Public hearing.
(1)
If a public hearing is to be held, notice thereof may be contained in the notice of completion or, if not so contained, it shall be given in the same manner in which the notice of completion is sent, filed and circulated pursuant to § 154-6E. In either case, the notice of hearing shall be published once at least 10 calendar days in advance of the public hearing date in a newspaper of general circulation in the area of the potential impact and effect of the action.
(2)
The public hearing shall commence not less than 15 calendar days
nor more than 60 calendar days after the filing of the draft environmental
impact statement.
H.
If the proposed action has been withdrawn or if, on the basis of
the draft environmental impact statement and any hearing, the Commissioner
determines that the action will not have a significant impact on the
environment, then no final environmental impact statement need be
prepared, and the action may proceed without further regard to this
chapter. The Commissioner shall retain in his files, open for public
inspection, a written declaration and the reasons for the nonnecessity
of a final environmental impact statement.
I.
Final environmental impact statement.
(1)
The Commissioner shall prepare or cause to be prepared a final environmental
impact statement within 45 calendar days after the close of the public
hearing, if any, or within 60 calendar days after the filing of the
draft environmental impact statement, whichever last occurs. The final
environmental impact statement shall reflect a revision and updating
of matters contained in the draft environmental impact statement in
light of further agency review, comments received and the record of
any hearing.
(2)
A notice of completion of the final environmental impact statement
shall be sent to all parties who were sent a notice of completion
of the draft environmental impact statement. Copies of the final environmental
impact statement shall be filed and sent to all parties who were sent
copies of the draft environmental impact statement.
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.
A.
When an action or proposal subject to the provisions of this chapter
is either directly or indirectly the subject of a federal impact statement
prepared pursuant to the National Environmental Policy Act of 1969
no further report under this chapter is required. However, the Commissioner
may require supplementary information with respect to the growth-inducing
effects of the proposed action and the effects of the proposed action
on the use and conservation of energy resources. If there has been
a negative declaration or other written determination that the action
does not require a federal impact statement, then the Commissioner
shall examine the action de novo and require compliance with this
chapter, if appropriate.
B.
If a proposed action is the subject of an impact statement prepared by any other state or local agency in compliance with Article 8 of the New York State Environmental Conservation Law and the Town is not the lead agency for that particular project, then the Town is authorized to participate in a single draft and final environmental impact statement and single public hearing. In such an event, the Town shall have no obligation under this chapter, except to provide views and lend technical assistance, to make the findings required by § 154-3B and to not approve, commence or engage in such action until a final environmental impact statement has been prepared and considered.
A.
The sole and exclusive remedy with respect to Article I of this chapter
shall be a special proceeding pursuant to Article 78 of the Civil
Practice Law and Rules to compel the preparation and/or the consideration
of an environmental impact statement; or to review the sufficiency
of a declaration of insignificant impact or the contents of an environmental
impact statement.
B.
Standing to commence such a proceeding is limited to those persons
immediately or actually affected by the action or proposal complained
of.
