N.Y. Comp. Codes R. & Regs. tit. 9 § 580.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 580.2 - Determination to conduct public hearing

(a) Criteria. The criteria employed in determining whether to conduct a public hearing include:

(1) the size and/or complexity of the project, whether measured by cost, area, effect upon municipalities, or uniqueness of resources likely to be affected;

(2) the degree of public interest in the project, as evidenced by communication from the general public, governmental officials or private organizations;

(3) the presence of significant issues relating to the criteria for approval of the project;

(4) the possibility that the project can only be approved if major modifications are made or substantial conditions are imposed;

(5) the possibility that information presented at a public hearing would be of assistance to the agency in its review;

(6) the extent of public involvement achieved by other means;

(7) whether an environmental impact statement will be prepared pursuant to the State Environmental Quality Review Act; and

(8) the statutory finding required by section 814(2) of the Adirondack Park Agency Act in the case of State agency projects reviewed thereunder.

(b) When determination made. The agency will make the determination not later than 60 calendar days (or, in the case of minor projects, 45 calendar days) following notification that the application is complete. A determination may be made prior to such notification with the agreement of the project sponsor.

(c) Delegation of determination. The agency may, in any particular case, delegate the authority to determine to hold a public hearing, or to cancel or not schedule a hearing and approve a project upon specified conditions, to the chairman, executive director or the deputy director-regulatory programs.

(d) Notification of determination; opportunity for submission of new application. The notification that a public hearing will be held shall state that the project sponsor may submit a new application. The hearing shall not be held or scheduled until the 15th day following the notification, unless such period is waived in writing by the project sponsor. If a new application is submitted, the agency shall reconsider its determination to hold a public hearing.

(e) If a hearing is to be held, a summary of hearing procedures shall be made available to the project sponsor and any other person on request.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 580.2