To the greatest extent possible, the procedures prescribed in Article 617 of the State Environmental Quality Review Act have been incorporated into the procedures described in these regulations. Time periods for the conduct of public hearings in order to coordinate the state environmental quality review process with other procedures relating to the review and approval of actions may affect the subdivision review process. When this occurs, applicants may be requested to extend the scheduled review period to accommodate the state environmental quality review process.
Sketch plan review.
The subdivider shall, as part of the sketch plan submittal, include the short form EAF (environmental assessment form).
The Planning Board shall, as part of their review of the sketch plan submittal, determine whether the action is subject to state environmental quality review. If the action is exempt, an excluded action or a Type II action, the subdivider shall not be required to submit further information. If the action is Type I or unlisted, the subdivider will be required to submit further environmental information in accordance with state environmental quality review requirements as part of the preliminary subdivision review application.
If the project is a Type I action, the Planning Board shall mail a copy of the sketch plan and short form EAF to all other agencies involved in the review of approvals required for construction of the subdivision, notifying such agencies that, within 30 days of the date the sketch plan and short form EAF was mailed, a lead agency must be designated.
If the town has been designated the lead agency, the town shall schedule a scoping meeting. Such meeting will identify all issues to be addressed in the EAF form to be submitted for preliminary plat review.
Preliminary plat review.
If the action is determined to be Type I or unlisted, the subdivider shall submit the long form EAF (environmental assessment form) as part of the preliminary plat submission.
The Planning Board shall mail a copy of the completed EAF and application for preliminary plat review to all other involved agencies.
Within 45 days of mailing or within 15 days of its receipt of any information, it may need to make the determination of significance, whichever occurs later, the Planning Board (if lead agency) shall determine the significance of the action and immediately notify all other involved agencies of its determination.
If the Planning Board determines that an environmental impact statement (EIS) is required, it shall immediately notify the subdivider and all other agencies involved.
Because of the extended time required to prepare, submit, review and approve an EIS, the Planning Board, with approval of the subdivider, shall extend the time required for approval of the preliminary plat in accordance with preliminary plat review.
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.