[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 4-19-1977
by L.L. No. 4-1977. Amendments noted where applicable.]
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 NYCRR.
No decision to carry out or approve an action other than an action listed in § 62-4 hereof or in Section 617.12 of Title 6 NYCRR as a Type II action shall be made by the Board of Trustees or by any department, board, commission, officer or employee of the Village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 NYCRR; provided, however, that nothing herein shall be construed as prohibiting:
A.
The conducting of contemporaneous 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 NYCRR have been fulfilled.
Consistent with Part 617 of Title 6 NYCRR and the criteria therein,
the actions listed in Section 617.12 of Title 6 NYCRR as Type II actions are
deemed not to have a significant effect on the environment.
Consistent with Part 617 of Title 6 NYCRR and the criteria therein,
the actions listed in Section 617.12 of Title 6 NYCRR as Type II actions are
deemed not to have a significant effect on the environment.
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 on 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 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
any other relevant explanatory material required by the Board of Trustees.
Upon receipt of a complete application and a statement, the Board of
Trustees shall notify the Clerk, who shall cause a notice thereof to be posted
on the signboard maintained by the Village and may also cause such 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 Board of Trustees no later than a date specified
in such notice.
A.
The Board of Trustees shall render a written determination
on such application within 20 days following receipt of a complete application
and statement; provided, however, that such period may be extended by mutual
agreement of the applicant and the Board of Trustees. The determination shall
state whether such proposed action may or will not have a significant effect
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.
A reasonable fee may be set by the Board of Trustees to defray the expenses
incurred in rendering such determination.
If the Board of Trustees determines that the proposed action is not
an exempt action, not an action listed in Section 617. 12 of Title 6 of NYCRR
as a 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 Section 617.7(b) of Title 6 of NYCRR 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 a significant
effect on the environment, the determination shall be prepared, filed and
circulated as provided in Section 617.7(b) of Title 6 of NYCRR and thereafter
the proposed action shall be reviewed and processed in accordance with the
provisions of this chapter and Part 617 of Title 6 NYCRR.
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 Part 617 of Title 6 NYCRR:
(1)
In the case of an action involving an applicant, immediately
notify the applicant of the determination and 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,
cause to be prepared a draft environmental impact statement.
B.
If the applicant decides not to submit an environmental
impact report, the Board of Trustees shall cause to be prepared the draft
environmental impact statement or, in its discretion, notify the applicant
that the processing of the application will cease and that no approval will
be issued. The Board of Trustees may require an applicant to submit a fee
to defray the expense to it of preparing a draft environmental impact statement
or reviewing same if it is prepared by the applicant.
Upon completion of a draft environmental impact statement prepared by
or at the request of the Village, a notice of completion containing the information
specified in Section 617.7(d) of Title 6 of NYCRR shall be prepared, filed
and circulated as provided in Section 617.7(e) and (f) of Title 6 of NYCRR.
In addition, it shall be posted on a signboard 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 Section 617.7(e) and (f) of
Title 6 of NYCRR.
A.
If the Board of Trustees determines that a public hearing
on a draft environmental impact statement must be held, it shall notify the
Clerk, who shall cause notice thereof to be filed, circulated and sent in
the same manner as the notice of completion and to 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.
B.
The hearing shall commence no less than 15 calendar days
not more than 60 calendar days after the filing of the draft environmental
impact statement, except as otherwise provided where the Board of Trustees
determines that additional time is necessary for the public or other agency
review of the draft environmental impact statement or where a different hearing
date is required as appropriate under other applicable law.
If, on the basis of a draft environmental impact statement or a public
hearing thereon, it is determined that an action will not have a significant
effect on the environment, the proposed action may be processed without further
regard to this chapter.
Except as otherwise provided herein, the Board of Trustees shall prepare
or cause to be prepared a final environmental impact statement in accordance
with the provisions of Part 617 of Title 6 of NYCRR, provided further that
if the action involves an application, the applicant may be directed to prepare
the final environmental impact statement. 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, the Board of Trustees may extend
this time as necessary to complete the statement adequately or where problems
identified with the proposed action require material reconsideration or modification.
Where the action involves an application, such final environmental impact
statement may be accompanied by a reasonable fee to defray the expenses of
the Village in preparing and/or evaluating same.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 62-11 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.
No decision to carry out or approve an action which has been the subject
of a final environmental impact statement shall be made until after the filing
and consideration of the final environmental impact statement. Where the Board
of Trustees has been the lead agency for an action, it shall make a decision
whether or not to approve the action within 30 days of the filing of the final
environmental impact statement.
When the Board of Trustees 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
consideration of state policy, to the maximum extent practicable, 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 environmental impact statements; and
B.
All practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse environmental effects.
For public information purposes, a copy of the determination shall be
filed and made available as provided in Part 617 of Title 6 of NYCRR.
The Village shall maintain files open for public inspection of all notices
of completion, draft and final environmental impact statements and written
determinations.
Where more than one agency is involved in an action, the procedures
of Sections 617.4 and 617.8 of Part 617 of Title 6 of NYCRR shall be followed.
Actions undertaken or approved prior to the dates specified in Article
8 of she Environmental Conservation Law for local agencies shall be exempt
from this chapter and the provisions of Article 8 of the Environmental Conservation
Law and Part 617 of Title 6 of NYCRR; provided, however, that if, after such
dates, an action undertaken or approved prior to that date is modified and
it is determined 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 NYCRR.
