A. Considerations: When an environmental impact report may be required, there shall be considered in its making an environmental assessment of whether or not the action or activity under consideration involves:
1. A large-scale alteration of existing environmental components including, but not limited to, air, water, and configuration, plant or animal food chains and habitats.
2. Disruption of existing neighborhoods or communities.
3. An impact to a measurable degree upon rare or endangered plant or animal species.
4. Substantial alteration of the physical, chemical, or biological properties of the air, water or land in a manner contrary to the promotion of the health, safety or welfare of a substantial number of persons, or to the balance of an ecological resource.
5. Reasonable probability of irrevocable harm to the aesthetic amenities of an area or resource.
6. A substantial change in existing uses of an area or resource.
7. A disruption or alteration of the appearance or surroundings of a historical or archaeological site.
8. The growth-inducing impact of the proposed action.
9. The boundaries of the area which may be significantly affected by the proposed action.
(1980 Code § 26-3)
B. Notice Of Hearing: Public notices of hearings on environmental assessments shall consist of the words “Notice of Hearing on Environmental Assessments to Determine Whether an Environmental Impact Report Shall Be Required” and shall set forth the location of the property, the nature of the proposed activity and the time and place for hearing.
(1980 Code § 26-4)
C. Hearing Held: Within twenty (20) but not less than ten (10) days before making its final environmental assessment on any one particular project, the Plan Commission shall hold at least one public hearing thereon, and notice thereof shall be given once by publication in a local newspaper of general circulation in the City at least ten (10) days prior to the hearing.
(1980 Code § 26-5)
D. Appeals:
1. Right To Appeal: Any person or persons, individually or jointly, may appeal the decision of the Plan Commission in the environmental assessment to the City Council. The decision of the Plan Commission as made in the environmental assessment report shall be final eight (8) days from and including the day of filing it with the City Clerk, unless, prior to the expiration thereof, a written appeal is filed with the City Clerk setting forth the grounds of appeal.
(1980 Code § 26-6)
2. Hearing: Within not less than ten (10) days nor more than forty (40) days following the filing of an appeal as authorized by subsection D1 of this section, the City Council shall hold a public hearing on the matter, public notice of which shall be given in the same manner as required to be given by the Plan Commission in subsections B and C of this section. In the event that more than one notice of appeal is filed, the time provision of this subsection D2 shall commence to run from the date of filing of the first such notice.
(1980 Code § 26-7)
3. Records To Council: Upon filing of such an appeal to the City Council as herein provided, the Plan Commission shall forthwith transmit to the City Clerk for the use of the City Council the Plan Commission record in the matter.
(1980 Code § 26-8)
4. Council Decision: Within ten (10) days following the hearing on the appeal from the decision of the Plan Commission on an environmental assessment, the City Council shall announce its decision, in writing, and cause the same to be filed with the City Clerk. Upon receipt of such filing, the City Clerk shall give written notice of such decision to the appellant or appellants, as the case may be, at the address shown on the appeal to the City Council.
(1980 Code § 26-9)