A.
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 NYCRR.
[HISTORY: Adopted by the Town Board of the Town of Cicero 4-25-1977 by L.L. No. 2-1977. Amendments noted where applicable.]
No decision to carry out or approve an action, other than an action listed in § 98-3B hereof or Section 617.12 of 6 NYCRR as a Type II action, shall be made by the town or by any department, board, commission, officer or employee of the town, until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 NYCRR, provided, however, that nothing herein shall be construed as prohibiting:
A.
The conducting of contemporaneous environmental, engineering, economic feasibility or other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not commit the town, to approve, commence or engage in such action; or
For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, setting forth the name of the applicant; the location of the real property affected, if any; a description of the nature of the proposed action; and the effect it may have on the environment. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement provided herein shall be upon a form prescribed by resolution by the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, and shall contain such additional relevant information as shall be required in the prescribed form. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the governing body, or appropriate department, board, commission, officer or employee having jurisdiction.
A.
The governing body, or appropriate department, board, commission, officer or employee having jurisdiction, shall render a written determination on such application within 15 days following receipt of a complete application and statement, provided, however, that such period may be extended by mutual agreement of the applicant and the governing body, or appropriate department, board, commission, officer or employee having jurisdiction. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The governing body, or appropriate department, board, commission, officer or employee having jurisdiction, may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination on the application.
B.
The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the town.
A.
Every application for determination under this chapter shall be accompanied by a reasonable fee set forth in this section to defray the expenses incurred in rendering such determination. The fees shall be as follows: $25 per application.
B.
When an action subject to this chapter involves an applicant, the town may charge a fee to the applicant in order to recover the actual costs of reviewing the draft EIS, provided such costs do not exceed the amounts allowed under Subsection B(1) through (3) of this section. Scoping shall be considered part of the draft EIS for purposes of determining a SEQR fee.
[Added 2-22-1988 by L.L. No. 2-1988]
(1)
For residential projects, the total project cost shall be calculated on the cost of the land plus the cost of all required site improvements, not including the cost of buildings and structures. In the case of such projects, the fee charged by the town may not exceed 2% of the total project cost.
(2)
For nonresidential construction projects, the total project cost shall be calculated on the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage. In the case of such projects, the fee charged may not exceed 1/2 of 1% of the total project cost.
(3)
Appeals procedure. When a dispute arises concerning fees charged to an applicant by a lead agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the town or his designee shall examine the agency record and prepare a written response to the applicant setting forth reasons why the applicant's claims are valid or invalid. Such appeal procedure shall not interfere with or cause delay in the EIS process or prohibit an action from being undertaken.
C.
The applicant's fees, as they shall be determined from time to time by resolution of the Town Board of the Town of Cicero, shall be deposited with the Town of Cicero in payment of the fees and expense of the Attorney for the town for the review of the EAF, coordination with the applicant and town, and preparation of required letters and resolutions.
[Added 2-11-1991; amended 1-24-1994]
D.
Additional fees, as they shall be determined from time to time by resolution of the Town Board of the Town of Cicero, shall be deposited with the Town of Cicero in payment of the fees and expenses of the Town Engineers for the review of the EAF, coordination with the applicant and town, and preparation of required letters and resolutions.
[Added 2-11-1991; amended 1-24-1994]
If the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, determines that the proposed action is not an exempt action, not an action listed in § 98-3B hereof or Section 617.12 of Title 6 of 6 NYCRR as a Type II action and that it will not have a significant effect on the environment, the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 NYCRR and thereafter the proposed action may be processed without further regard to this chapter. If the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, determines that the proposed action may have a significant effect on the environment, the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 NYCRR and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 NYCRR.
A.
Following a determination that a proposed action may have a significant effect on the environment, the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, shall, in accordance with the provisions of Part 617 of Title 6 NYCRR:
(1)
In the case of an action involving an applicant, immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
(2)
In the case of an action not involving an applicant, shall prepare a draft environmental impact statement. If the applicant decides not to submit an environmental impact report, the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, shall prepare or cause to be prepared the draft environmental impact statement, or in its discretion notify the applicant that the processing of the application will cease and that no approval will be issued.
B.
The governing body, or appropriate department, board, commission, officer or employee having jurisdiction, may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. Such fees shall be determined as follows.
Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 NYCRR shall be followed.
Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 NYCRR, provided, however, that if, after such dates, a governing body, or appropriate department, board, commission, officer or employee having jurisdiction, modifies an action undertaken or approved prior to that date and the governing body, or appropriate department, board, commission, officer or employee having jurisdiction, determines the modification may have significant adverse effect on the environment, such modifications shall be an action subject to this chapter and Part 617 of Title 6 NYCRR.