The purpose of this chapter is to implement
for the Town of Fallsburg 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 Town of Fallsburg, unless it has complied
with SEQR, Part 617 to the extent applicable and this chapter.
[Amended 5-11-2010 by L.L. No. 7-2010]
If the lead agency determines that an EIS is
required, it shall proceed as provided in Part 617.9, 617.11 and 617.12.
Commencing with the acceptance of the draft EIS, the time limitation
for 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, 617.7 and 617.8, except that in the following
Type I and unlisted actions the lead agency shall be as provided herein
(Note: The list of lead agencies in this section is not intended to
indicate a complete or ironclad predetermination of lead agencies
within the municipality, but rather to serve as an example. Lead agencies
will emerge through normal processing of actions, by agreement and
by designation of the Environmental Conservation Commissioner. Thus,
the list could change.)
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 not requiring a federal or state agency
permit or approval: Zoning Board of Appeals;
D. Purchase, sale and lease of real property by the Town
of Fallsburg 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: Town Planning Board;
F. Site plan review and special use permit not requiring
a federal or state agency permit or approval: Town Planning Board;
G. Construction or expansion of nonresidential facility
not requiring a federal or state agency permit or approval: Town Planning
Board;
H. Parking lot not requiring a federal or state agency
permit, or approval: Town Planning Board.
The 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 Part 617.15.
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.
Critical environmental areas may be designated
by resolution of the Town Board in accordance with 6 NYCRR 617.14(g).
The following are deemed Type I actions in addition
to those set forth in Part 617.4: None.
The following are deemed Type II actions in
additions to those set forth in Part 617.5: None.