Village of Cornwall-On-Hudson, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 5-16-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 58.
Flood damage control — See Ch. 83.
Sewers — See Ch. 126.
Streets and sidewalks — See Ch. 135.
Subdivision of land — See Ch. 139.
Trees, shrubs and bushes — See Ch. 151.
Water — See Ch. 165.
Freshwater wetlands — See Ch. 168.
Zoning — See Ch. 172.
A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
PLANNING BOARD
The Planning Board of the Village of Cornwall-on-Hudson.
VILLAGE
The Village of Cornwall-on-Hudson.
VILLAGE BOARD
The Board of Trustees of the Village of Cornwall-on-Hudson.
No decision to carry out or approve an action other than an action listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action shall be made by the Village Board or by any department, board, commission, officer or employee of the village until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that nothing herein shall be construed as prohibiting:
A. 
The conducting of contemporaneous environmental, engineering, economic feasibility or other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not commit the village to approve, commence or engage in such action.
B. 
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 the New York Codes, Rules and Regulations have been fulfilled.
A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions are likely to have a significant effect on the environment.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type II actions are deemed not to have a significant effect on the environment.
C. 
From time to time the Village Board and/or the Planning Board may, by resolution, promulgate their own lists of additional actions that are likely to (Type I) or not to (Type II) have a significant effect on the environment, in accordance with the guidelines and criteria in Article 8 of the Environmental Conservation Law and in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
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 Planning Board as to matters within its jurisdiction and with the Village Board as to all other matters, 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. In addition, 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, the statement shall be filed simultaneously with the application for action. The statement to either Board shall contain such additional relevant information as shall be required in the prescribed form. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by said Board. In the event that there is no form prescribed for any application to be made, the applicant shall submit in writing all pertinent information concerning the project in a form the applicant believes will be most helpful for the review of its project.
Upon receipt of a complete application and a statement, the Board concerned shall cause a notice thereof to be posted on the bulletin board maintained by the Clerk in the Village Hall and may also cause such notice to be published in the official newspaper of the village, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Board concerned no later than a date specified in such notice.
A. 
The appropriate Board shall render a written determination on such application within seven days after the next regular meeting of said Board following due receipt of a complete application and statement; provided, however, that such period in no event shall exceed 30 days unless extended by mutual agreement of the applicant and said Board. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The appropriate Board may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination on the application.
B. 
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the village, including the Planning Board's subdivision review procedure.[1]
[1]
Editor's Note: See Ch. 139, Subdivision of Land.
An application for such determination under this chapter shall be accompanied by a reasonable fee to defray the expenses incurred in rendering such determination, if any, to the extent determined by resolution of the Village Board.
If the Planning Board or the Village Board, as the case may be, determines that the proposed action is not an exempt action, that it is not an action listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it may or will not have a significant effect on the environment, the respective Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action may be processed without further regard to this chapter. If the respective Board determines that the proposed action may have a significant effect on the environment, said Board shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Following a determination that a proposed action may have a significant effect on the environment, the respective Board shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
A. 
In the case of an action involving an applicant, immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
B. 
In the case of an action not involving an applicant, by its own staff or by contract, prepare a draft environmental impact statement. If the applicant decides not to submit an environmental impact report, the Board concerned (having the action responsibility) shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing of the application will cease and that no approval will be issued. Said Board may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. The fees shall be determined in accordance with the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations by resolution of the Village Board, but in no event shall said fee exceed 1/2 of 1% of the action's total cost to the applicant.
Upon completion of a draft environmental impact statement prepared by or at the request of the village (either Board), a notice of completion containing the information specified in Section 617.7(d) of Title 6 of the New York Codes, Rules and Regulations shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. In addition, it may be published in the official newspaper of the village, and a copy thereof shall be posted on the Village Clerk's bulletin board. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. If the Board concerned determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official newspaper of the village, at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comment shall be received. The hearing shall commence within no less than 15 calendar days nor more than 60 calendar days of the filing of the draft environmental impact statement, except as otherwise provided where the respective Board determines that additional time is necessary for the public or other agency review of the draft environment impact statement or where a different hearing date is required as appropriate under other applicable law.
If, on the basis of a draft environmental impact statement or a public hearing thereon, the appropriate Board determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this chapter.
Except as otherwise provided herein, the Board concerned shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations, provided further that if the action involves an application, said Board may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that said Board may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Where the action involves an application, such final environmental impact statement shall be accompanied by a fee to defray the expenses of the village in preparing and/or evaluating same. The fee shall be determined in accordance with the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations and, together with any fee authorized elsewhere in this chapter, shall, in no event, exceed 1/2 of 1% of the action's total cost to the applicant.
A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 74-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement.
No decision to carry out or approve an action which has been the subject of a final environmental impact statement by either Board or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Whichever Board has been the lead agency for an action shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement.
When either Board decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination:
A. 
Consistent with social, economic and other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact statements; and
B. 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.
For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of the New York Codes, Rules and Regulations.
The village shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by either Board.
Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.
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 the New York Codes, Rules and Regulations; provided, however, that if, after such dates, either Board modifies an action undertaken or approved prior to that date and said Board determines that the modifications 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 the New York Codes, Rules and Regulations.