Following a determination that an action proposed by the local agency may have a significant effect on the environment, the local agency, in accordance with the provisions of Part 617 of Title 6 of NYCRR, shall prepare or cause to be prepared a draft environmental impact statement (DEIS) in accordance with Article VII.
Following a determination that an action proposed by an applicant may have a significant effect on the environment, the agency shall notify the applicant of the determination and request that the applicant prepare and submit a draft environmental impact statement in accordance with Article VII.
If the applicant decides not to submit a draft environmental impact statement, the local agency shall prepare or cause to be prepared the draft environmental impact statement, or, in its discretion, it shall notify the applicant that the processing of the application will cease and that no approval will be issued.
The local agency may require an applicant to submit a fee, not to exceed 1/2 of 1% of the action's total cost to the applicant, to defray the expense to it of preparing a draft environmental impact statement and/or of reviewing the statement prepared by the applicant.
Upon completion of a draft environmental impact statement prepared by or at the request of the local agency, a notice of completion containing the following information shall be prepared:
A brief description of the action covered by the statement and the location of its potential impacts and effects.
An announcement of where and how copies of the statement can be obtained from the local agency.
The scheduled date, time and place for a public hearing, if any, on the draft statement.
A statement that comments are requested and will be received and considered by the agency at a given address for a period not less than 30 calendar days from the first filing and circulation of the notice of completion or not less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered.
The notice of completion, excluding the statement, shall be sent to:
All other agencies involved in the action.
Persons who have requested it.
The editor of the state bulletin.
The A-95 State Clearinghouse.
The A-95 Regional Clearinghouse.
The municipality's Conservation Advisory Council.
The municipality's Planning Board.
The Dutchess County Environmental Management Council.
The Dutchess County Department of Planning.
The notice of completion shall also be published in the local agency's official newspaper, if any, or, if none, a newspaper having general circulation within the local agency's jurisdiction, and a copy thereof shall also be posted on a signboard maintained by the local agency.
Upon completion of a draft environmental impact statement, the local agency shall decide whether or not to conduct a public hearing concerning the action. This decision shall be based upon:
If the local agency decides to hold a public hearing on a draft environmental impact statement, notice thereof shall be included in the notice of completion and shall be filed, circulated, sent and published in the same manner as the notice of completion at least 10 days prior to the date of such public hearing.
The notice of hearing shall state the place where substantive written comments shall be received.
The hearing shall commence no less than 15 calendar days nor more than 60 calendar days from the filing of the draft environmental impact statement, except as otherwise provided, where the local agency determines that additional time is necessary for public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law.
On the basis of the draft environmental impact statement and the public hearing thereon, if any, the local agency shall determine whether or not the action will have a significant effect on the environment.
If it is determined the action will not have a significant effect on the environment, the proposed action may be processed without further regard to these regulations.
If it is determined the action will have a significant effect on the environment, the local agency shall prepare or cause to be prepared a final environmental impact statement.
Upon completion, the notice of completion and a copy of the draft environmental impact statement shall be filed with:
The local agency's determination shall be filed in the same manner.
The local agency shall maintain a file open to public inspection of all notices of completion and draft environmental impact statements that it has prepared or that it has requested an applicant to prepare.