Town of Parma, NY Article II Environmental Review Procedures

§ 46-6 Lead agency.

A. The lead agency is the agency (i.e., board, department, office, other body, or officer of the Town of Parma) 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, or having prepared, and filing the EIS if it is required.

B. [1]When 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 is designated as follows:

(1) For actions involving the adoption, amendment or change in zoning or land use regulations, the Parma Town Board.

(2) For construction or expansion of town buildings, structures and other facilities, including highways within the Town of Parma, the Parma Town Board.

(3) For variances, the Parma Zoning Board of Appeals.

(4) For the purchase, sale and/or lease of real property by the town, the Parma Town Board.

(5) For site plan review or cluster zoning, the Parma Planning Board for unlisted actions and the Parma Town Board for Type I actions.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. The Parma Town Board will be the town 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 Town Board will recommend designated lead agencies for particular actions.

D. Environmental review of actions involving a federal agency will be processed in accordance with Section 617.15 of Part 617.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 46-7 Environmental assessment and determination of significance.

A. When any agency, department, body, board or officer of the Town of Parma contemplates carrying out, funding or approving any Type I action directly, a full environmental assessment form (EAF) must be prepared by it or on its behalf. A model EAF is given in Appendix A of Part 617; this model 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 form. When an unlisted action is contemplated, a modified short environmental assessment form (MSEAF) as provided by the Town of Parma must be prepared.

B. An EAF must accompany each application to any agency, department, body, board or officer of the Town of Parma for funding or a permit or other approval of a Type I action. A full EAF must be prepared for Type I actions. A MSEAF must accompany each application to any agency, department, body, board or officer of the Town of Parma for funding or a permit or other approval of an unlisted action. A MSEAF must be prepared for unlisted action.

C. The lead agency must determine the environmental significance of each proposed action. This determination must be based on the EAF, or draft EIS, and on such other information as it may require, such as drawings, sketches, maps, explanatory materials, Conservation Board reports, Town Engineer and/or consulting engineer reports, Planning Board reports, and other town agency or committee reports. The criteria stated in Section 617.7 of Part 617 also must be considered by the lead agency in making its determination of significance. The determination must be made within 20 days of its designation as lead agency, or within 20 days of its receipt of all information it requires, whichever is later.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. For Type I actions, where no environmental significance is found, the lead agency must give public notice and file a determination of nonsignificance as provided in Section 617.12(a)(2) 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 Section 617.12(a)(1) of Part 617. Conditioned negative declarations shall be filed in accordance with SEQR Type I procedures.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. 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. The time for 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 for filing commences from the date the lead agency accepts the Draft EIS as adequate in scope and content, and commences the public comment period.

§ 46-8 EIS preparation; hearing; notice.

A. 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. If an EIS is required, the lead agency must proceed as provided in Sections 617.9, 617.11 and 617.12 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 at the applicant's expense, discontinue further processing until the applicant can provide an acceptable Draft EIS, or deem the entire pending application abandoned and discontinue review.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. A public hearing shall be held on the Draft EIS and shall whenever possible be concurrent with any other hearing on the application. The notice of public hearing must be published at least 14 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the action.

§ 46-9 Fees for review and preparation of EIS.

A. 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 Parma Town Board.

B. Fees so fixed will be consistent with the limitations set by Section 617.13 of Part 617. When the EIS is prepared by the applicant, fees will reflect actual expenses of reviewing it. When the EIS is prepared by an agency on behalf of the applicant, fees will reflect the cost of preparation, including publication of notices, but not the cost of environmental review by the lead agency. However, the lead agency may not charge a fee for its determination of significance. Scoping shall be considered a cost of preparing the Draft EIS for purposes of determining a SEQR fee.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).