A.
Following a determination that an action proposed by the local agency may have a significant effect on the environment, the local agency, in accordance with the provisions of Part 617 of Title 6 of NYCRR, shall prepare or cause to be prepared a draft environmental impact statement (DEIS) in accordance with Article VII.
B.
Following a determination that an action proposed by an applicant may have a significant effect on the environment, the agency shall notify the applicant of the determination and request that the applicant prepare and submit a draft environmental impact statement in accordance with Article VII.
(1)
If the applicant decides not to submit a draft environmental
impact statement, the local agency shall prepare or cause to be prepared
the draft environmental impact statement, or, in its discretion, it
shall notify the applicant that the processing of the application
will cease and that no approval will be issued.
(2)
The local agency may require an applicant to submit
a fee, not to exceed 1/2 of 1% of the action's total cost to the applicant,
to defray the expense to it of preparing a draft environmental impact
statement and/or of reviewing the statement prepared by the applicant.
A.
Upon completion of a draft environmental impact statement
prepared by or at the request of the local agency, a notice of completion
containing the following information shall be prepared:
(1)
A brief description of the action covered by the statement
and the location of its potential impacts and effects.
(2)
An announcement of where and how copies of the statement
can be obtained from the local agency.
(3)
The scheduled date, time and place for a public hearing,
if any, on the draft statement.
(4)
A statement that comments are requested and will be
received and considered by the agency at a given address for a period
not less than 30 calendar days from the first filing and circulation
of the notice of completion or not less than 10 calendar days following
a public hearing at which the environmental impacts of the proposed
action are considered.
B.
The notice of completion, excluding the statement,
shall be sent to:
(1)
All other agencies involved in the action.
(2)
Persons who have requested it.
(3)
The editor of the state bulletin.
(4)
The A-95 State Clearinghouse.
(5)
The A-95 Regional Clearinghouse.
(6)
The municipality's Conservation Advisory Council.
(7)
The municipality's Planning Board.
(8)
The Dutchess County Environmental Management Council.
(9)
The Dutchess County Department of Planning.
C.
The notice of completion shall also be published in
the local agency's official newspaper, if any, or, if none, a newspaper
having general circulation within the local agency's jurisdiction,
and a copy thereof shall also be posted on a signboard maintained
by the local agency.
A.
Upon completion of a draft environmental impact statement,
the local agency shall decide whether or not to conduct a public hearing
concerning the action. This decision shall be based upon:
B.
If the local agency decides to hold a public hearing
on a draft environmental impact statement, notice thereof shall be
included in the notice of completion and shall be filed, circulated,
sent and published in the same manner as the notice of completion
at least 10 days prior to the date of such public hearing.
C.
The notice of hearing shall state the place where
substantive written comments shall be received.
D.
The hearing shall commence no less than 15 calendar
days nor more than 60 calendar days from the filing of the draft environmental
impact statement, except as otherwise provided, where the local agency
determines that additional time is necessary for 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.
A.
On the basis of the draft environmental impact statement
and the public hearing thereon, if any, the local agency shall determine
whether or not the action will have a significant effect on the environment.
B.
If it is determined the action will not have a significant
effect on the environment, the proposed action may be processed without
further regard to these regulations.
C.
If it is determined the action will have a significant
effect on the environment, the local agency shall prepare or cause
to be prepared a final environmental impact statement.
A.
Upon completion, the notice of completion and a copy
of the draft environmental impact statement shall be filed with:
B.
The local agency's determination shall be filed in
the same manner.
C.
The local agency shall maintain a file open to public
inspection of all notices of completion and draft environmental impact
statements that it has prepared or that it has requested an applicant
to prepare.
