With regard to an application for an action involving funding or approval by any agency of the Town of Red Hook, or which shall be undertaken by any agency of the Town, the Town Clerk or other appropriate agency shall:
A. 
Provide each applicant and each agency with an environmental assessment form (EAF) pursuant to this chapter; and
B. 
Provide each applicant and each agency with a coastal assessment form (CAF) when a proposed action would be located within the coastal area.
A. 
When any agency of the Town of Red Hook contemplates directly carrying out any Type I or unlisted action, an environmental assessment form (EAF) must be prepared by it or on its behalf.
B. 
When any person submits an application for funding or a permit or other approval of a Type I or unlisted action to any agency of the Town of Red Hook, an EAF must accompany the application. An applicant may choose to prepare a draft EIS in place of an EAF.
C. 
The EAF or DEIS submitted with reference to any Type I or unlisted action located in the coastal area shall, in addition, analyze the proposed action's consistency with the policy standards and conditions of the LWRP.
D. 
When an action would be located within the coastal area, a CAF must be prepared by the agency or on its behalf.
Upon receipt by the agency of a completed EAF and, if applicable, a completed CAF, the agency will determine whether the action involves one or more agencies. The agency will then distribute a copy of the application and completed EAF and, if applicable, the completed CAF, to all involved agencies for the designation of lead agency in accordance with the procedures set forth in 6 NYCRR 617.6.
A. 
The lead agency must make a determination of significance for the action. This determination must be based on the EAF and such other information as the lead agency may require. The criteria listed in 6 NYCRR 617.11 must be considered by the lead agency in making its determination of significance. The determination must be made within 20 calendar days of the date of lead agency designation, or within 20 calendar days of receipt of all information required by the lead agency to make the determination, whichever is later.
B. 
If the lead agency makes a negative declaration and the action is to be located within the coastal area, decision making on the action shall proceed in accordance with § 68-12 of this chapter.
C. 
If the lead agency determines that the action may have a significant effect on the environment and the action is to be located within the coastal area, an environmental impact statement shall be required; and the provisions of §§ 68-10 through 68-12 of this chapter shall apply.
D. 
If the lead agency determines that the action may have a significant effect on the environment and the action is not located in the coastal area, an environmental impact statement will be required; and the provisions of §§ 68-10 and 68-11 of this chapter shall apply.
A. 
EIS preparation and procedures.
(1) 
When required pursuant to § 68-9 of this chapter, an EIS must be prepared in accordance with:
(a) 
The environmental impact statement procedures as provided under 6 NYCRR 617.8 and the requirements for preparation and content of environmental impact statements as provided under 6 NYCRR 617.14.
(b) 
When the EIS is prepared for a proposed action located within the coastal area, it must also contain an identification of the applicable LWRP policy standards and conditions of the Town of Red Hook and a discussion of the effects of the proposed action on such LWRP policy standards and conditions.
B. 
Fees for review and preparation of EISs.
(1) 
The fees for review or preparation of an EIS involving approval or funding of an action will be fixed from time to time by resolution of the Town Board.
(2) 
Fees so fixed will be consistent with the limitations set by 6 NYCRR 617.17. When the EIS is prepared by the applicant, fees will reflect actual expenses of reviewing it. When the EIS is prepared by an agency on behalf of the applicant, fees will reflect the cost of preparation, including publication of notices, but not the cost of environmental review by the agency. However, the lead agency may not charge a fee for its determination of significance.
C. 
Decisions and findings for actions subject to EISs. Each board, department, office, other body or officer of the Town involved in undertaking, approving, or funding an action which is the subject of an EIS shall make detailed written findings in accordance with the provisions of 6 NYCRR 617.9 and § 68-12 of this chapter, prior to making its decision.
All notices, EAFs, CAFs, draft EISs, final EISs and all other documents shall be prepared, filed, circulated, and made available as prescribed under 6 NYCRR 617.10 and this chapter.
A. 
Whenever a proposed action is located in the Town's coastal area, the agency shall, prior to approving, funding, or undertaking the action, make a determination that it is consistent with the LWRP policy standards and conditions set forth in Subsection G herein.
B. 
Whenever an agency receives an application for approval or funding of an action or as early as possible in the agency's formulation of a direct action to be located in the coastal area, the applicant, or in the case of a direct action, the agency, shall prepare a coastal assessment form (CAF) to assist with the consistency review.
C. 
The agency shall refer a copy of the completed CAF to the Waterfront Advisory Committee within 10 days of its submission and, prior to making its determination, shall consider the recommendation of the Committee with reference to the consistency of the proposed action.
D. 
After referral from an agency, the Committee shall consider whether the proposed action is consistent with the LWRP policy standards and conditions set forth in Subsection G herein. The Committee shall require the applicant to submit all completed applications, EAFs, and any other information deemed to be necessary to its consistency recommendation.
E. 
The Committee shall render its written recommendation to the agency within 30 days following referral of the CAF from the agency, unless extended by mutual agreement of the Committee and the applicant, or in the case of a direct action, the agency. The recommendation shall indicate whether, in the opinion of the Committee, the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards or conditions and shall elaborate in writing the basis for its opinion. The Committee shall, along with its consistency recommendation, make any suggestions to the agency concerning modification of the proposed action to make it consistent with LWRP policy standards and conditions or to greater advance them. In the event that the Committee's recommendation is not forthcoming within the specified time, the referring agency shall make its decision without the benefit of the Committee's recommendation.
F. 
The agency shall make the determination of consistency based on the CAF, the Committee recommendation, and such other information as is deemed to be necessary in its determination. The agency shall issue its determination within seven days of the date for receipt of the Committee's recommendation. The agency shall have the authority, in its finding of consistency, to impose practicable and reasonable conditions on an action to ensure that it is carried out in accordance with this chapter.
G. 
Actions to be undertaken within the coastal area shall be evaluated for consistency in accordance with the following LWRP policy standards and conditions, which are derived from and further explained and described in Section III of the Town of Red Hook LWRP, a copy of which is on file in the Town-Clerk's office and available for inspection during normal business hours. Agencies which undertake direct actions shall also consult with Section IV of the LWRP.
(1) 
Encourage growth of tourism through preservation, enhancement, and reuse of areas and structures and inform the public of existing historic, scenic, and recreational resources (Policy 1A).
(2) 
Retain and promote recreational water-dependent uses (Policy 2).
(3) 
Ensure that development occurs where adequate public infrastructure is available to reduce health and pollution hazards (Policy 5).
(4) 
Streamline development permit procedures (Policy 6).
(5) 
Protect significant and locally important fish and wildlife habitats from human disruption and chemical contamination (Policies 7, 8).
(6) 
Protect the creeks, kills, tidal wetlands, and tidal coves draining into the Hudson River from alteration and pollutant discharge from upland uses (Policy 7A).
(7) 
Maintain and expand commercial fishing facilities to promote commercial and recreational fishing opportunities (Policies 9, 10).
(8) 
Minimize flooding and erosion hazards through nonstructural means, carefully selected, long-term structural measures and appropriate siting of structures (Policies 11, 12, 13, 14, 15, 16, 17, 28).
(9) 
Safeguard economic, social and environmental interests in the coastal area when major actions are undertaken (Policy 18).
(10) 
Maintain and improve public access to the shoreline and to water-related recreational facilities while protecting the environment (Policies 2, 19, 20, 20A, 21, 22).
(11) 
Establish a Town dock and park area in Barrytown (Policy 21A).
(12) 
Protect and restore historic, cultural, and archeological resources and promote adaptive reuse of these resources where appropriate. (Policy 23, 23A).
(13) 
Prevent impairment of and upgrade scenic resources, particularly those in the Mid-Hudson Historic Shorelands Scenic District (Policy 24A, 25).
(14) 
Protect and enhance the scenic qualities of designated scenic roads (Policy 24B).
(15) 
Conserve and protect agricultural lands (Policy 26A).
(16) 
Site and construct energy facilities in a manner which will be compatible with the environment and contingent upon the need for a waterfront or water location (Policies 27, 40).
(17) 
Prevent ice management practices which could damage significant fish and wildlife and their habitats (Policy 28).
(18) 
Protect surface waters and groundwaters from direct and indirect discharge of pollutants and from overuse (Policies 30, 31, 32, 33, 34, 35, 36, 37, 38).
(19) 
Reestablish and maintain the Saw Kill Water Quality Surveillance Program (Policy 38A).
(20) 
Perform dredging and dredge spoil disposal in a manner protective of natural resources (Policies 15, 35).
(21) 
Handle and dispose of hazardous wastes and effluents in a manner which will not adversely affect the environment nor expand existing landfills (Policy 39).
(22) 
Protect air quality (Policies 41, 42, 43).
(23) 
Protect tidal and freshwater wetlands (Policy 44).
H. 
Determination of consistency with LWRP policy standards and condition.
(1) 
If the agency determines that the action would not be consistent with one or more of the LWRP policy standards and conditions, such action shall not be undertaken unless the agency makes a written finding with respect to the proposed action that:
(a) 
No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of such LWRP policy standards and conditions;
(b) 
The action would be undertaken in a manner which will minimize all adverse effects on such LWRP policy standards and conditions;
(c) 
The action will advance one or more of the other LWRP policy standards and conditions; and
(d) 
The action will result in an overriding Town, regional, or state-wide public benefit.
(2) 
Such a finding shall constitute a determination that the action is consistent with the LWRP policy standards and conditions.
I. 
Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Committee. Such files shall be made available for public inspection upon request.