Article II of these regulations presents lists of actions which simplify the task of determining whether or not a proposed action may have a significant effect on the environment. The lists, however, are not all inclusive and omission of an action from the lists does not mean it is exempt nor does it mean it is automatically an action requiring preparation of an environmental impact statement. The criteria set forth below shall be used to determine significance with respect to actions not listed.
A.
An action may have significant effect on the environment
if it can reasonably be expected to lead to one of the following consequences:
(1)
A substantial adverse change to ambient air or water
quality or noise levels or in solid waste production, drainage, erosion
or flooding.
(2)
The removal or destruction of large quantities of
vegetation or fauna or the substantial interference with the movement
of any resident or migratory fish or wildlife species, impacts on
critical habitat areas or the substantial affecting of a rare or endangered
species of animal or plant or the habitat of such a species.
(3)
The encouraging or attracting of a large number of
people to a place or places for more than a few days relative to the
number of people who would come to such place absent the action.
(4)
The creation of a material conflict with a community's
existing plans or goals as officially approved or adopted.
(5)
The impairment of the character or quality of important
historical, archaeological, architectural or aesthetic resources or
of existing community or neighborhood character.
(6)
A major change in the use of either the quantity or
type of energy.
(7)
The creation of a hazard to human health or safety.
(8)
A substantial change in the use or intensity of use of land or other natural resources or in their capacity to support existing uses, except where such a change has been included, referred to or implicit in a broad statement prepared pursuant to § 54-10 of these regulations.
(9)
The creation of a material demand for other actions
which would result in one of the above consequences.
(10)
Changes in two or more elements of the environment,
no one of which is substantial but when taken together result in a
material change in the environment.
B.
For the purpose of determining whether an action will
cause one of the foregoing consequences, the action shall be deemed
to include other contemporaneous or subsequent actions which are:
C.
The significance of a likely consequence, whether
it is material, substantial, large, important, etc., shall be assessed
in connection with its setting, urban or rural; its probability of
occurring; its duration; its irreversibility; its controllability;
its geographic scope; and its magnitude, degree of change or its absolute
size.
The environmental effects of actions proposed
to be undertaken by the local agency itself, whether or not such actions
receive funding assistance from other agencies, shall be screened
initially and handled as follows:
A.
If the local agency determines that an action proposed by the local agency will not have a significant effect on the environment, the local agency shall prepare, file and circulate such determination as provided in § 54-14, thereafter, the proposed action may be processed without further regard to these regulations.
B.
If the local agency determines that the proposed action may have a significant effect on the environment, the local agency shall prepare, file and circulate such determination as provided in § 54-14, thereafter, the proposed action shall be reviewed and processed in accordance with the provisions of these regulations and Part 617 of Title 6 of NYCRR.
An initial determination of environmental effects
for actions undertaken by the others but requiring the issuance of
a lease, permit, certificate or other entitlement by the local agency
shall be processed as follows:
A.
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 local agency, 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.
B.
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 for a permit or other approval, the statement shall
be filed simultaneously with such application.
C.
The statement provided herein shall be upon a form
prescribed by resolution of the local agency and shall contain such
relevant information as shall be required in the prescribed form,
as well as drawings, sketches and maps, if any, together with any
other explanatory material required by the local agency.
D.
Upon receipt of a complete application and a statement,
the local agency shall cause a notice thereof to be posted on the
signboard, maintained by the local agency, if any, and may also cause
such notice to be published in the local agency's official newspaper,
if any, or in a newspaper having general circulation within the local
agency's jurisdiction, describing the nature of the proposed action
and stating that written views thereon of any person shall be received
by the local agency no later than a date specified in such notice.
E.
The local agency shall render a written determination
on such application within 15 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 local agency.
F.
The determination shall state whether such proposed
action may or will not have a significant effect on the environment.
The local agency may hold informal meetings with the applicant and
may meet with and consult any other person for the purpose of obtaining
aid in making a determination on the application.
G.
The time limitations provided in these regulations
shall be coordinated with, to the extent practicable, other time limitations
provided by statute or local law, ordinance or regulation.
H.
Every application for determination shall be accompanied
by a reasonable fee, as set forth by the local agency, to defray the
expenses incurred in rendering such determination.
A written statement setting forth the local
agency's initial determination shall be prepared and filed with:
A.
The Regional Office of the New York State Department
of Environmental Conservation.
B.
The Commissioner of the New York State Department
of Environmental Conservation.
C.
The Clerk of the municipality.
D.
The Clerk of the local agency.
G.
The Dutchess County Environmental Management Council.
H.
The Dutchess County Department of Planning.
I.
The applicant where the action involves issuance of
a public permit or public approval.
J.
Other agencies involved with the proposed action.
Following a determination that an action under consideration may have a significant effect on the environment, no agency shall approve, commence or engage in such action until the National Environmental Policy Act of 1969 procedures have been followed, § 54-10, or the lead agency procedures have been followed, § 54-29, or the environmental impact statement and decision-making procedures of Articles IV and V of this chapter have been followed, whichever of such procedures is applicable.
