The purpose of this chapter is to implement
for the Village of Manlius 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 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 furnished 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: 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: Village Board.
C. Variance or Zoning Ordinance interpretation not requiring
a federal or state agency permit or approval: Village Board of Zoning
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. Special use permits not requiring a federal or state
agency permit or approval: Village Board.
F. Site development plan review and subdivision review
not requiring a federal or state agency permit or approval: Village
Planning Board.
G. Construction or expansion of a nonresidential facility
not requiring a federal or state agency permit or approval: Village
Building Inspector.
The Village Clerk or her designee is hereby
designated as the Village Environmental Review Officer, whose responsibilities
shall include attending to each notice requirement as specified in
Part 617 and this chapter, maintaining Village SEQR forms and files
and, upon request from agencies and applicants, generally assisting
in various SEQR matters, such as helping to identify other agencies
that may be involved in approving, funding or carrying out Type I
and unlisted actions, making recommendations on the designation of
a lead agency and otherwise coordinating Village SEQR compliance.
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 resolution of the Village Board. Part
617.17 prescribes limitations on the amount of fees. If the applicant
prepares the EIS, the Village may charge a fee for actual expenses
of reviewing it, but if a Village agency prepares an EIS on behalf
of an applicant, it may charge a fee for the cost of preparing, including
publication of notices, but not for the cost of professional review.
Critical areas of environmental concern may
be designated by resolution of the Village Board in accordance with
Part 617.4(j).
The lead agency may refer any application to
the Village Environmental Council for its recommendations in advance
of making any SEQR determination. Such referral shall extend any time
limit set forth in Part 617 for an additional 20 days.