A.Â
The lead agency is the agency (i.e., board, department,
office, other body or officer of the Village) principally responsible for
carrying out, funding or approving an action. The lead agency is responsible
for determining whether an EIS is required for the action and for preparing
and filing the EIS if it is required.
B.Â
Where more than one agency is involved, the lead agency
is determined and designated as provided in Sections 617.6 and 617.7 of Part
617, except that for the following specific Type I and unlisted actions, in
cases where a federal or state agency permit or approval is not necessary,
the lead agency shall be as follows:
(1)Â
All local (Village) legislation or the grant or amendments
of special use permits: the Board of Trustees.
(2)Â
Construction or expansion of buildings, structures and
other facilities including highways within the Village: the Board of Trustees.
(3)Â
Variances: the Board of Appeals.
(4)Â
The purchase, sale and/or lease of real property by the
Village: the Board of Trustees.
(5)Â
Subdivisions of land: the Planning Board.
(6)Â
General Village services: the Board of Trustees.
C.Â
The Board of Trustees will be the Village clearinghouse
for lead agency designation. It will assist agencies and applicants to identify
other federal, state and local agencies that may be involved in approving,
funding or carrying out Type I and unlisted actions. The clearinghouse will
make recommendations on the designation of lead agencies for particular actions.
D.Â
Environmental review of action involving a federal agency
will be processed in accordance with Section 617.16 of Part 617.
A.Â
When any agency, department, body, board or officer of
the Village contemplates directly carrying out, funding or approving any Type
I action, a full environmental assessment form (EAF) must be prepared by it
or on its behalf. When an unlisted action is contemplated, either a full or
short form EAF, as appropriate, must be prepared. The EAF forms given in Appendixes
A and B of Part 617 will be used as models, but may be modified to meet the
needs of particular cases. However, the final scope of such a modified EAF
must be at least as comprehensive as the scope of the model forms.
B.Â
When any person submits an application for funding or
a permit or other approval of a Type I or unlisted action to any agency, department,
body, board or officer of the Village, an EAF must accompany the application.
For Type I actions, a full EAF must be prepared; for unlisted actions, either
the full EAF or the short form may be used, as appropriate. An applicant may
choose to prepare a draft EIS in place of an EAF.
C.Â
The lead agency must make a determination of the environmental
significance of the action. This determination must be based on the EAF or,
with respect to unlisted actions, its own procedures, as the case may be,
and on such other information as it may require. The criteria stated in Section
617.11 of Part 617 must also be considered by the lead agency in making its
determination of significance. The determination must be made within 15 days
of its designation as lead agency or within 15 days of its receipt of all
the information it requires, whichever is later.
D.Â
For Type I actions, the lead agency must give public
notice and file a determination of nonsignificance as provided in Section
617.10(b) of Part 617. For unlisted actions, the lead agency must send a determination
of nonsignificance to the applicant and maintain its own records thereof in
accordance with Sections 617.7(e) and 617.10(f) of Part 617.
E.Â
If the lead agency makes a determination of nonsignificance,
the direct action, approval or funding involved will be processed without
further regard to SEQR, Part 617 or this chapter.
F.Â
The time of filing an application for approval or funding
of an action commences from the date the determination of environmental nonsignificance
is made. If the applicant prepared a draft EIS in lieu of an EAF, the time
of filing commences from the date the lead agency accepts the draft EIS as
adequate in scope and content and commences the public comment period.
A.Â
If, based on review of the EAF and other information,
the lead agency determines that the proposed action may be environmentally
significant, then an EIS must be prepared.
B.Â
If an EIS is required, the lead agency must proceed as
provided in Section 617.8, 617.9 and 617.10 of Part 617. The draft EIS will
normally be prepared by the applicant. If the applicant fails to prepare a
draft EIS or prepares a draft EIS which is unacceptable to the lead agency,
the lead agency may either prepare a draft EIS itself, discontinue further
processing until the applicant can provide an acceptable draft EIS or deem
the application abandoned and discontinue review.
C.Â
If a public hearing is held on the draft EIS, it must,
whenever possible, be concurrent with any other hearing on the application.
D.Â
To the extent practicable, all EISs and the comments
thereon of public and federal agencies and members of the public shall be
filed with the Village Clerk in digital or such other form as may be required
by the Village Clerk so that such documents may be timely posted on the Village's,
or a publicly available alternative, Web site.
[Added 5-9-2006 by L.L. No. 2-2006]
A.Â
The fees for review or preparation of an EIS involving
approval or funding of an action will be fixed from time to time by resolution
of the Board of Trustees.
B.Â
Fees so fixed will be consistent with the limitations
set by Section 617.17 of Part 617. When the EIS is prepared by the applicant,
the fees will reflect the actual expenses of reviewing it. When the EIS is
prepared by an agency on behalf of the applicant, the fees will reflect the
cost of preparation, including the publication of notices, but not the cost
of environmental review by the agency. However, the lead agency may not charge
a fee for its determination of significance.