The purpose of this chapter is to implement for the Town of Riga the
State Environmental Quality Review Act (SEQR) and Part 617 of NYCRR.
No action other than an exempt, excluded or Type II action shall be
carried out, approved or funded by any agency, board, body or officer of the
town unless it has complied with SEQR, Part 617 (to the extent applicable)
and this chapter.
If the lead agency determines that an EIS is required, it shall proceed
as provided in Sections 617.8, 617.9 and 617.10. Commencing with the acceptance
of the draft EIS, the time limitation for processing the EIS shall run concurrently
with the time limitations applicable to processing the application for approval
or funding of the action, and a public hearing on the draft EIS, if any, shall
be held concurrently with any hearing to be held on such application. The
draft EIS shall be prepared by the applicant. Failure by the applicant to
prepare an EIS acceptable to the lead agency shall, at the option of the lead
agency, be deemed an abandonment and discontinuance of the application.
The lead agency shall be determined and designated as provided in Sections
617.6 and 617.7, except that in the following Type I and unlisted actions
the lead agency shall be as provided herein:
A. Adoption, amendment or change in zoning regulations not
requiring a federal or state agency permit or approval: the Town Board.
B. Construction or expansion of town buildings, structures
and facilities within the town not requiring a federal or state agency permit
or approval: the Town Board.
C. Variances and special use permits not requiring a federal
or state agency permit or approval: the Zoning Board of Appeals.
D. Purchase, sale and lease of real property by the town
not requiring a federal or state agency permit or approval: the Town Board.
E. Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: the Zoning Board of Appeals.
F. Site plan review not requiring a federal or state agency
permit or approval: the Planning Board.
G. Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: the Planning Board.
The Town Planning Board shall act as the town clearinghouse for lead
agency designation. Such clearinghouse shall assist agencies and applicants
to identify other agencies, including federal and state, that may be involved
in approving, funding or carrying out Type I and unlisted actions. The clearinghouse
shall also make recommendations on the designation of a lead agency.
Environmental review of actions involving a federal agency shall be
processed in accordance with Section 617.16.
The fees for review or preparation of an EIS involving an applicant
for approval or funding of an action shall be fixed from time to time by a
resolution of the Town Board in accordance with Section 617.17.
Critical areas of environmental concern may be designated by resolution
of the Town Board in accordance with Section 617.4(j).
Type I actions are identified and set forth in Section 617.12.
Type II actions are identified and set forth in Section 617.13.