For the purpose of this chapter, certain words
and terms used herein are defined as follows:
Projects or activities undertaken by any agency; or projects
supported, in whole or in part, through contracts, grants, subsidies,
loans or other forms of funding assistance from one or more agencies;
or projects involving the issuance to a person of a lease, permit,
license, certificate or other entitlement for use or permission to
act by one or more agencies; and policy, regulations and procedure-making.
It covers any activity of an agency, except Type II and exempt actions
as listed herein, including, without limitation:
Physical activities, such as construction, or
other activities which change the use or appearance of any natural
resource or a structure.
Funding activities, such as the proposing, approval
or disapproval of contracts, grants, subsidies, loans, tax abatements
or exemptions or other forms of direct or indirect financial assistance.
Licensing activities, such as the proposing,
approval or disapproval of a lease, permit, license, certificate or
other entitlement for use or permission to act.
Planning activities, such as site selection
for other activities and proposing, approval or disapproval of Master
Plans or long-range plans, Zoning Maps 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, policy
and guidelines.
Any state or local agency.
Any person making an application or other request for agency
action.
The Commissioner of Environmental Conservation.
The Department of Environmental Conservation.
Actions directly undertaken by the local agency, whether
or not such actions are supported, in whole or in part, through contracts,
grants, subsidies, loans or other forms of funding assistance from
one or more state agencies, and acts supported, in whole or in part,
through contracts, grants, subsidies, loans or other forms of funding
assistance from one or more local agencies.
Actions involving the public issuance by the local agency
of a lease, permit, certificate or other entitlement to a person for
use or permission to act.
The physical conditions which will be affected by a proposed
action, including land; air; water; minerals; flora; fauna; noise;
objects of historic or aesthetic significance; existing patterns of
population concentration, distribution or growth; and existing community
or neighborhood character.
A detailed written statement, setting forth the matters specified in Articles V and VII of these regulations, including any comments received on a draft environmental statement, as well as the local agency's response to such comments, to the extent that such comments raise issues not adequately resolved in the draft environmental statement.
The governing body and/or any department, officer, agency,
board, district or commission of the Town of Hyde Park, County of
Dutchess, New York, which has authority to undertake or permit an
action as defined herein.
An action performed upon a given state of facts in a prescribed
manner imposed by law without the exercise of any judgment or discretion
as to the propriety of the action, such as the grant of a driver's
license, although such law may require, in some degree, a construction
of its language or intent.
The Town of Hyde Park, County of Dutchess, New York.
The New York State Department of Environmental Conservation
rules and regulations, known as the New York Codes, Rules and Regulations.
Any agency, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
Any state department, agency, board, public benefit corporation,
public authority or commission.
Changes in one or more natural resources which usually occur
because of impacts on other such resources as a result of natural
interrelationships or cycles. For example, the diminution of a predator
population is typically associated with the increase in a prey population.
Pursuant to § 8-0113, Article 8, of
the New York State Environmental Conservation Law, the Town Board
of the Town of Hyde Park, County of Dutchess, New York, adopts the
following regulations for the purpose of implementing the provisions
of Article 8 of the Environmental Conservation Law, which requires
environmental quality review of public actions which may have significant
effect on the environment. These shall be known and may be cited as
the "Town of Hyde Park SEQR Regulations."
The state legislature has established state
policy to encourage productive and enjoyable harmony between man and
his environment, to promote efforts which will prevent or eliminate
damage to the environment and enhance human and community resources
and to enrich the understanding of the ecological systems, natural,
human and community resources important to the people of the state.
A.
The basic purposes of the State Environmental Quality
Review Act (SEQR) are as follows: to incorporate environmental factors
into the existing planning and decision-making processes of state,
regional and local agencies at the earliest possible time; to have
all agencies conduct their affairs with an awareness that they are
stewards of the air, water, land and living resources; and to have
agencies recognize that they have an obligation to protect the environment
for the use and enjoyment of this and all future generations.
B.
The SEQR regulations indicate that it is intended
that the protection and enhancement of the environment, as well as
human and community resources, should be given appropriate weight
with social and economic considerations in public policy and that
these factors be considered together in reaching decisions on proposed
activities.
C.
Accordingly, it is the intention of these regulations
that a suitable balance of social, economic and environmental factors
be incorporated in the planning and decision-making processes of local
agencies. It is not the intention of SEQR that environmental factors
be the sole consideration in decision-making.
D.
Further, these regulations shall not deprive any agency
of its existing jurisdiction or authority nor shall these authorize
any agency to review and/or approve actions by other public agencies
except as may be provided by other legislation.
E.
It is also understood that the SEQR process is to
be integrated into existing agency procedures so as not to result
in unnecessary delays in planning and decision-making but to expedite
agency decision-making and to assist agencies in making more informed
decisions.
No decision to carry out or approve an action, other than an action listed in Article II, §§ 54-7, 54-8 and 54-9 hereof, shall be made by the local agency until there has been full compliance with all requirements of these regulations and Part 617 of Title 6 of NYCRR; provided, however, that nothing herein shall be construed as prohibiting the following:
A.
The conducting of contemporaneous environmental, engineering,
economic feasibility, other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action which
does not commit the municipality 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 these regulations and Part 617
of Title 6 of NYCRR have been fulfilled.
The local agency shall maintain files open for
public inspection of all notices of completion, all draft and final
environmental impact statements and all written determinations prepared
or caused to be prepared by the local agency pursuant to these regulations.
