To the greatest extent possible, the procedures
prescribed in Article 617 of the State Environmental Quality Review
Act[1] 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.
A.
Sketch plan review.
(1)
The subdivider shall, as part of the sketch plan submittal,
include the short form EAF (environmental assessment form).
(2)
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.
(3)
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.
(4)
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.
B.
Preliminary plat review.
(1)
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.
(2)
The Planning Board shall mail a copy of the completed
EAF and application for preliminary plat review to all other involved
agencies.
(3)
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.
(4)
If the Planning Board determines that an environmental
impact statement (EIS) is required, it shall immediately notify the
subdivider and all other agencies involved.
(5)
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.
[1]
Editor's Note: See § 8-0101 et seq.
of the Environmental Conservation Law.
