The purpose of this chapter is to implement for the Village SEQR and
Part 617.
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
village, unless it has complied with SEQR and 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 Part 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 Part
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 Village Board.
B. Construction or expansion of village buildings, structures
and facilities within the village not requiring a federal or state agency
permit or approval: the Village Board.
C. Variances not requiring a federal or state agency permit
or approval: Zoning Board of Appeals.
D. Purchase, sale and lease of real property by the village,
not requiring a federal or state agency permit or approval: Village Board.
E. Planned unit development or cluster zoning not requiring
a federal or state agency permit or approval: Village Planning Board.
F. Site plan review and special use permit not requiring
a federal or state agency permit or approval: Village Planning Board.
G. Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: Village Planning
Board.
H. Parking lot not requiring a federal or state agency permit
or approval: Village Planning Board.
The Village Clerk shall act as the village 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 Part 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 Village Board.
Critical areas of environmental concern may be designated by resolution
of the Village Board in accordance with Part 617.4(j).