Following a determination that an action may
have a significant effect upon the environment, the village shall:
A.
In the case of an action not involving an applicant,
prepare a draft environmental impact statement in accordance with
the procedures outlined in this section; or
B.
In the case of an action involving an applicant, immediately notify the applicant to prepare an environmental impact report to assist the village in carrying out its responsibility under this chapter or may request the applicant to prepare a draft environmental impact statement except where the action involves more than one (1) agency, in which case the procedures outlined in §§ 144-23 and 144-26 of this chapter shall be followed. If the applicant refuses to submit a draft environmental impact statement or the environmental impact report, the village shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing will cease and no approval will be issued.
All draft environmental impact statements shall
be preceded by a cover sheet stating:
A.
That it is a draft environmental impact statement.
B.
The name or other descriptive title of the action.
C.
The location (county, municipality) of the action.
D.
The name and address of the municipality or agency
which required its preparation and the name and telephone number of
a person at the municipality or agency to be contacted for further
information.
E.
Identification of individuals or organizations which
prepared any portion of the statement.
F.
The date of its completion.
If the draft environmental impact statement
exceeds ten (10) pages in length, it shall have a table of contents
following the cover sheet.
The body of all draft environmental impact statements
shall contain at least the following:
A.
A description of the proposed action in its environmental
setting.
B.
A statement of the environmental impact of the proposed
action, including its short-term and long-term effects, and typical
associated environmental effects.
C.
An identification of any adverse environmental effects
which cannot be avoided if the proposed action is implemented.
D.
A discussion of alternatives including the null alternative
to the proposed action and the comparable impacts and effects of such
alternatives.
E.
An identification of any irreversible and irretrievable
commitments of resources which would be involved in the proposed action
should it be implemented.
F.
A description of mitigation measures proposed to minimize
the adverse environmental impacts.
G.
A description of any growth-inducing aspects of the
proposed action.
H.
A discussion of the effect of the proposed action
on the use and conservation of energy.
I.
A list of any underlying studies, reports and other
information obtained and considered in preparing the statement.
J.
Any other requirements which the village deems necessary
for adequate assessment of environmental impact.
A draft environmental impact statement may incorporate
by reference all or portions of other documents which contain information
relevant to the statement. The reference document shall be made available
to the public in the Village Clerk's office. When a statement uses
incorporation by reference, the referenced document shall be briefly
described and its date of preparation provided.
Upon completion of a draft environmental impact
statement prepared by or at the request of the village, the village
shall issue a notice of completion containing the following:
A.
A brief description of the action covered by the statement
and the location of its potential impacts and effects.
B.
A statement indicating where and how copies of the
statement can be reviewed or obtained.
C.
A statement that comments pertaining to the draft
environmental impact statement are requested and will be considered
by the village at the Municipal Building for a period of not less
than thirty (30) days from the first filing and circulation of the
notice of completion.
The notice of completion shall be sent to all
other agencies involved in the action, persons who have requested
it, the editor of the State Bulletin, the State Clearinghouse and
the Southern Tier East Regional Planning Development Board, the area-wide
clearinghouse designated under the Federal Office of Management and
Budget Circular A-95. The village shall maintain a file open to public
inspection of notices of completion and draft environmental impact
statements it has requested an applicant to prepare, has or caused
to have been prepared.
Impact statements and notice of completion shall
immediately be filed as follows:
A.
One (1) copy with the Municipal Clerk whose jurisdiction
most closely coincides with that of the lead agency.
B.
One (1) copy with the Southern Tier Office of the
New York State Department of Environmental Conservation.
C.
One (1) copy with the Commissioner of the New York
State Department of Environmental Conservation.
