[HISTORY: Adopted by the Board of Trustees of the Village
of Red Hook 5-5-1980 by L.L. No. 2-1980; amended in its entirety 1-20-1999 by L.L. No.
1-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
Unless the context shall otherwise require, the terms, phrases,
words and their derivatives used in this chapter shall have the same
meanings as those defined in § 8-0105 of the Environmental
Conservation Law and 6 NYCRR 617.
The Village of Red Hook.
No decision to carry out or approve an action, other than an action listed in § 115-3B hereof or 6 NYCRR 617 as Type II action, shall be made by the Board of Trustees or any department, board, commission, officer or employee of the Village until there has been full compliance with all requirements of this chapter and 6 NYCRR 617; however, nothing herein shall be construed as prohibiting:
A.
The conducting of contemporaneous environmental, engineering or 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;
or
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 6 NYCRR 617 have been fulfilled.
A.
Consistent with 6 NYCRR 617 and the criteria therein, the following
actions, in addition to those listed in 6 NYCRR 617 as Type I actions,
are likely to have a significant effect on the environment: none.
B.
Consistent with 6 NYCRR 617 and the criteria therein, the following
actions, in addition to those listed in 6 NYCRR 617 as Type III actions,
are deemed not to have a significant effect on the environment: none.
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 Board of Trustees 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 in the environment. Where the action involves
an application, the statement shall be filed simultaneously with the
application for the action. The statement provided herein shall be
upon a form prescribed by resolution by the Board of Trustees, and
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 other relevant explanatory
material required by the Board of Trustees.
A.
The Board of Trustees shall render a written determination and the
reason for such determination on such application within 15 days as
following the receipt of a complete application and statement; provided,
however, that such period may be extended by mutual agreement of the
applicant and the Village Board. The determination shall state whether
such proposed action may or will not have a significant affect on
the environment. The Board of Trustees 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.
B.
The time limitations provided in this chapter shall be coordinated
with, to the extent practicable, other time limitations provided by
statute or local law, ordinance or regulation of the Village.
Every application for determination under this chapter shall
be accompanied by a reasonable fee to defray the expense incurred
in rendering such determination. The Board of Trustees shall, by resolution,
adopt a fee schedule, which said schedule may be revised from time
to time by said Board of Trustees as, in its discretion, may be deemed
necessary.
If the Board of Trustees determines that the proposed action is not an exempt action, not an action listed in § 115-3B hereof or 6 NYCRR 617 as Type II action and that it will not have a significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in 6 NYCRR 617 and thereafter the proposed action may be processed without further regard to this chapter. If the Board of Trustees determines that the proposed action may have significant effect on the environment, the Board of Trustees shall prepare, file and circulate such determination as provided in 6 NYCRR 617, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and 6 NYCRR 617.
A.
Following a determination that a proposed action may have a significant
effect on the environment, the Board of Trustees shall, in accordance
with the provisions of 6 NYCRR 617:
(1)
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.
(2)
In the case of an action not involving an applicant, prepare a draft
environmental impact statement.
B.
If the applicant decides not to submit an environmental impact report,
the Board of Trustees shall prepare or cause to be prepared a draft
environmental impact statement or, at its discretion, notify the applicant
that processing of the application will cease and that no approval
will be issued.
Where more than one agency is involved in an action, the procedures
of 6 NYCRR 617 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 6 NYCRR 617; provided, however,
that, if after such dates the Board of Trustees modifies an action
undertaken or approved prior to that date and the Board of Trustees
determines that the modification may have a significant adverse effect
on the environment, such modification shall be an action subject to
this chapter and 6 NYCRR 617.
