No final decision to carry out or approve an action shall be made until
there has been full compliance with the provisions of these rules and those
of the Commissioner of Environmental Conservation.
A.
In the case of an action for which there has been prepared
under the National Environmental Policy Act of 1969 both a draft environmental
impact statement and a final environmental impact statement, the Town shall
have no obligation to prepare a SEQR EIS or to make findings pursuant to these
rules, provided that such environmental impact statements either contain or
are supplemented by statements relating to growth inducement and energy use
and conservation.
B.
In the case of an action for which a negative declaration
or other written threshold determination that the action will not require
a federal impact statement under the National Environmental Policy Act of
1969 has been prepared, the Town official responsible for the action shall
determine whether or not the action may have a significant effect on the environment
pursuant to Article 8 of the Environmental Conservation Law, 6 NYCRR 617 and
these rules, and the action shall be fully subject to such law and rules and
regulations.
A.
Except as provided in Subsection B of this section, no environmental impact statement shall be required for actions undertaken or approved prior to the date(s) specified in Article 8 of the Environmental Conservation Law.
B.
If, after the date(s) specified in Article 8 of the Environmental
Conservation Law, the Town proposes to modify an action undertaken or approved
prior to such date(s), which 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.
The Town may require an applicant to include as part
of the application documents a SEQR environmental assessment form in a form
prescribed by the Town, describing and analyzing the environmental impacts
of the proposed action. The form shall contain sufficient information for
the responsible Town official to conduct an environmental assessment to determine
whether the action may or will not have a significant effect on the environment.
If, in the judgment of the responsible Town official, the information provided
in the environmental assessment form is insufficient to complete an adequate
environmental analysis under SEQR, he may require the applicant to furnish
such additional information on the proposed action as it deems necessary for
compliance with this chapter.
B.
Each application shall include an identification of those
other agencies, including federal agencies which, to the best knowledge of
the applicant, have jurisdiction by law over the action or any portion of
it.
C.
Where appropriate, an applicant may include in application
documents a concise statement of reasons why, in his judgment, the proposed
action will not require the preparation of an EIS.
D.
Applicants shall consider the environmental impacts of
proposed actions and alternatives at the earliest possible point in their
planning processes and shall develop, wherever possible, measures to mitigate
or avoid adverse environmental impacts.
A.
Procedures prior to the preparation of draft EIS's;
actions involving other agencies.
(1)
Environmental analysis of actions involving applicants.
Within 15 calendar days after the receipt of a complete application, including
an adequate SEQR environmental assessment form, if required, from an applicant,
the Town department to which application has been made shall conduct an environmental
analysis of the proposed action to determine whether the action may or will
not have a significant effect on the environment. The responsible Town official
shall consult with the Conservation Advisory Council in making this determination.
The official shall provide written notification to the applicant of its determination,
whether the action may or will not have a significant effect on the environment.
(2)
Environmental review of actions to be carried out or
undertaken by the Town. As early as possible in the formulation and design
of an action to be carried out or undertaken directly by the Town, the Town
shall conduct an environmental analysis of the proposed action to determine
whether the action may or will not have a significant effect on the environment.
The Conservation Advisory Council shall be consulted in arriving at this determination.
(3)
Determination of no significant effect; negative declarations.
If the responsible Town official determines that the action is not an exempt
action and that the action will not have a significant effect on the environment,
he shall prepare, circulate, file and make available for public inspection
a negative declaration as provided in these rules. In addition, he shall prepare
a statement setting forth the reasons supporting his determination.
(4)
Determination of significant effect; notice of determination.
If the responsible Town official determines that the action is not an exempt
action, that the action may have a significant effect on the environment and
that the action does not involve other agencies, he shall prepare, file and
circulate a notice of determination and, in the case of an action involving
an applicant, shall request in writing that the applicant prepare a draft
EIS. The Town may prepare an EIS for an action involving an applicant only
when the public interest will thereby be served and when practicable considering
existing staff and resources. In such circumstances, the applicant shall provide,
on the request of the department, an environmental report to assist the Town
in preparing or causing to be prepared the draft EIS and such other information
at any time as may be necessary for full compliance with this chapter.
(5)
If the responsible Town official determines that the
action is not an exempt action, that the action may have a significant effect
on the environment and that the action does involve other agencies, the Town
shall prepare and file a notice of determination and shall notify such other
involved agencies, including federal agencies, of its determination. It shall
request the coordination of reviews by the agencies and inform them of the
need to resolve which agency shall be the lead agency. If it is determined
that the Town is the lead agency, the procedures of Subsection D of this section
relating to a request for a draft EIS and notification shall be followed.
(7)
Contents of negative declarations and notices of determinations.
All negative declarations and notices of determinations shall contain the
following:
(a)
A brief description of action.
(b)
The location of the action.
(c)
In the case of a negative declaration, a statement that
the responsible Town official has determined that the action will not have
a significant effect on the environment.
(d)
In the case of a notice of determination, a brief description
of the possible significant effects of the action.
(8)
Filing and circulating negative declarations and notices
of determinations. All negative declarations and notices of determinations
shall be filed with and circulated to the following:
(a)
The applicant.
(b)
The Town Clerk.
(c)
The Conservation Advisory Council.
(d)
The appropriate Town department heads.
(e)
Other agencies involved in the action.
(f)
The editor of the Environmental Notice Bulletin.
(g)
The Commissioner of Environmental Conservation and the
Regional Office of ENCON.
B.
Notices.
(1)
Notices of completion of draft EIS's. Upon the completion
of a draft EIS, the responsible Town official shall prepare, file and make
available for public inspection a notice of completion as hereinafter provided
in this section.
(a)
Contents of notices of completion. All notices of completion
shall contain the following:
[1]
A brief descriptions of the action.
[2]
The location of the action and its potential impacts
and effects.
[3]
A statement that comments on the draft EIS are requested
and will be received and considered by the Town as specified in the notice.
The notice shall specify the public review and comment period on the draft
EIS, which shall be for not less than 30 calendar days from the date of filing
and circulation of the notice or not less than 10 calendar days following
the close of any public hearing on the draft EIS.
(b)
Circulating notices of completion. All notices of completion
shall be circulated to the following:
[1]
The applicant.
[2]
The Town Clerk.
[3]
All other agencies involved in the action.
[4]
The Conservation Advisory Council.
[5]
All persons who have requested it.
[6]
The editor of the State Bulletin.
[7]
The state clearinghouse.
[8]
The appropriate regional clearinghouse designated under
the Federal Office of Management and Budget Circular A-95.
[9]
The editor of the Environmental Notice Bulletin.
(c)
Filing notices of completion. All notices of completion
shall be filed with and made available for public inspection by the following:
(2)
Filing and making available draft EIS's. All draft
EIS's prepared by or at the request of the Town shall be filed with and
made available for public inspection by the following:
(3)
Public hearings on draft EIS's and notices thereof.
(a)
Upon the completion of a draft EIS, the Town shall determine
whether or not to conduct a public hearing on the draft EIS. In making this
determination, it shall consider the requirements for hearings specified by
other statutes or regulations, the degree of interest in the action shown
or anticipated on the part of the public or other agencies, for good cause
shown by means of a written request from a person, the magnitude of the action
effects and the extent to which a public hearing can aid the Town's decision
making by providing a forum for or an efficient mechanism for the collection
of public comment. Wherever practicable, a SEQR public hearing shall be made
part of or held in conjunction with other public hearings on the action as
may be conducted.
(b)
If a 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 this section. In either case, the notice of hearing shall also
be published at least 10 calendar days in advance of the public hearing in
the official newspaper.
(c)
The hearing shall commence no less than 15 calendar days
nor more than 60 calendar days after the filing of the draft EIS, except as
the Town may otherwise provide if it determines that additional time is necessary
for public or other agency review of the draft EIS or where a different hearing
date is required under other statutes.
A.
Except as provided below, the responsible Town official
shall prepare or cause to be prepared a final EIS within 45 calendar days
after the close of any hearing or within 60 calendar days after the filing
of the draft EIS, whichever last occurs. In the case of a hearing in which
a stenographic record is made, the hearing shall be deemed closed upon receipt
by the Town of a written transcript of the record.
(1)
If the proposed action has been withdrawn or if, on the
basis of the draft EIS or a hearing, it has been determined that the action
will not have a significant effect on the environment, no final EIS shall
be prepared. In such cases, the responsible Town official shall prepare, file
and circulate a negative declaration.
(2)
The responsible Town official may extend the last date
for preparation of the final EIS when he determines that additional time is
necessary to complete the statement adequately, to meet the requirements of
other statutes or regulations, when problems with the proposed action requiring
material reconsideration or modification have been identified or for other
good cause.
(3)
The final EIS shall reflect a revision and updating of
the matters contained in the draft EIS in the light of further department
review, comments received and the record of any hearing.
B.
Upon the completion of a final EIS, the responsible Town
official shall prepare, file, circulate and make available for public inspection
a notice of completion of a final EIS in the same manner as for notice of
completion of a draft EIS, except that such notice shall not invite comments.
C.
Upon completion of a final EIS, copies shall be filed
and made available for public inspection in the same manner as the draft EIS.
A.
Environmental impact statements should be clearly written
in a brief and concise manner capable of being read and understood by the
public. Within the framework presented in this section, such statements should
deal only with the specific significant environmental impacts which can be
reasonably anticipated. They should not contain more detail than is appropriate
considering the nature and magnitude of the proposed action, the significance
of its potential impacts and the existing resources and capability of the
agency responsible for the statement.
B.
All draft and final environmental impact statements shall
be preceded by a cover sheet stating:
(1)
Whether it is a draft or final.
(2)
The name or other descriptive title of the action.
(3)
The location of the action.
(4)
The name and address of the agency which required its
preparation and the name and telephone number of a person at the agency to
be contacted for further information.
(5)
Identification of individuals or organizations which
prepared any portion of the statement.
(6)
The date of its completion.
C.
If a draft or final environmental impact statement exceeds
10 pages in length, it shall have a table of contents following the cover
sheet.
D.
The body of all draft and final environmental impact
statements shall at least contain the following:
(1)
A description of the proposed action and its environmental
setting.
(2)
A statement of the environmental impact of the proposed
action, including its short- and long-term effects and typical associated
environmental effects.
(3)
An identification of any adverse environmental effects
which cannot be avoided if the proposed action is implemented.
(4)
A discussion of alternatives to the proposed action and
the comparable impacts and effects of such alternatives.
(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 adverse environmental impacts.
(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.
(9)
A list of any underlying studies, reports and other information
obtained and considered by the agency in preparing the statement.
(10)
For final only, copies or a summary of the substantive
comments received in response to the draft environmental impact statement
and the agency's response to such comments.
E.
An environmental impact statement may incorporate by
reference all or portions of other documents which contain information relevant
to the statement. The referenced document shall be made available to the public
in the same places where the agency makes available copies of the statement.
When a statement uses incorporation by reference, the referenced document
shall be briefly described and its date of preparation provided.
A.
No final decision to carry out or approve an action which
may have a significant effect on the environment shall be made by the responsible
Town official until after the filing and consideration of a final EIS.
B.
When the responsible Town official 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 decision:
(1)
Consistent with social, economic and other essential
considerations of policy, from among the reasonable alternatives thereto,
the action to be carried out or approved is one which minimizes or avoids
adverse environmental effects to the maximum extent possible, including the
effects disclosed in the relevant environmental impact statement.
(2)
Consistent with social, economic and other considerations
of policy, all practicable means will be taken in carrying out or approving
the action to minimize or avoid adverse environmental effects.
C.
For public information purposes, a copy of the decision
shall be filed in the same manner as the draft EIS.
The Town shall maintain files available for public inspection containing
all negative declarations, notices of determination of significance, notices
of completion of draft and final EIS, notices of public hearing, draft and
final EIS's and decisions it has prepared or caused to be prepared. Copies
of these documents shall be available to the public at cost.
