[HISTORY: Adopted by the City Council of the City of Newburgh 8-8-1977. Amendments noted where applicable.]
No decision to carry out or approve an action which may have a significant effect on the environment shall be made by the City Council or any department, board, commission, officer or employee of the City until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of NYCRR, implementing Article 8 of the Environmental Conservation Law providing for environmental quality review; provided, however, that nothing herein shall be construed as prohibiting:
The conducting of studies necessary to the formulation of a proposal for action which do not commit the City to approve, commence or engage in such action.
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 of NYCRR have been fulfilled.
[Amended 9-10-2012 by L.L. No. 5-2012]
All actions that may have a significant adverse impact upon the environment within the meaning of Section 617.7 of Title 6 of NYCRR shall require the preparation of an environmental impact statement, unless they are unlisted actions as to which the relevant local reviewing agency determines that a conditional negative declaration is appropriate. Type II actions, as described in Section 617.5 or determined to be such under local law, will not require the preparation of an environmental assessment form.
For the purpose of assisting in the determination of whether any other action may or will not have a significant effect on the environment, applicants for permits or other approvals shall complete an environmental assessment form to be adopted by the City Manager consistent with the standards contained in the Environmental Conservation Law and shall file such completed form with the person or body to act thereon. In addition, applicants may include with the environmental assessment form a detailed statement of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. Drawings, sketches, maps or other explanatory materials which may be relevant may be included with such statement. The environmental assessment form and all statements as hereinabove provided shall be filed simultaneously with the application for the action.
Within 30 days following receipt of a complete application, including the environmental assessment form and any supplemental statements thereto, unless such period is extended by mutual agreement of the applicant and the Corporation Counsel of the City, the body to which the application is made shall render a written determination stating whether such proposed action may or will not have a significant effect on the environment and shall file and circulate such determination as provided in Section 617.8(b) of Title 6 of NYCRR.
[Amended 6-13-1988 by L.L. No. 4-1988]
Every application for determination under this chapter shall be accompanied by a fee as set forth in Chapter 163, Fees, of this Code to defray the expenses incurred in rendering such determination. In the event that a hearing is required in the course of processing and prior to approval of such application, an additional fee to cover the cost of preparing hearing transcripts shall be charged.
Following a determination that a proposed action may have a significant effect on the environment in the case of an application for permit or approval, the applicant shall be notified of the determination and shall be requested to prepare a draft environmental impact statement. If the applicant refuses or fails to submit a draft environmental impact statement as requested, the body to which application is made shall either prepare or cause to be prepared the draft environmental impact statement or shall notify the applicant that the processing of the application will cease and that no approval will be issued. The applicant may be required to pay a fee not exceeding 1/2 of 1% of the action's total cost to the applicant to defray the expense to the City of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. In the case of an action not involving an applicant, the body involved shall prepare or cause to be prepared a draft environmental impact statement.
Upon completion of a draft environmental impact statement prepared by or at the request of the City, a notice of completion containing the information specified in Section 617.12(a) of Title 6 of NYCRR shall be prepared, filed and circulated as provided in Section 617.8(e) and (f) of Title 6 of NYCRR. Within 30 days of completion and filing of the draft environmental impact statement, the body to which application is made shall determine whether or not to hold a public hearing on said draft environmental impact statement. If a public hearing is ordered, notice thereof shall be filed, circulated and sent in the same manner as required by Section 617.12(a)(2) and of Title 6 of NYCRR.
Within 60 days after filing of the draft environmental impact statement or within 45 days after completion of the hearing, whichever occurs last, the body to which the application is submitted shall prepare or direct the applicant to prepare a final environmental impact statement.
Upon filing of the final environmental impact statement, a notice of completion shall be prepared, filed and distributed in the same manner provided in Section 617.8(e) and (f) of Title 6 of NYCRR.
If the body to which application is made decides to approve any action which may have a significant effect on the environment, it shall issue and distribute a written statement as required by Section 617.9(b) of Title 6 of NYCRR.
Actions undertaken or approved prior to the dates specified in Article 8 of the 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, such action 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.