[HISTORY: Adopted by the Town Board of the Town of Cicero 4-25-1977
by L.L. No. 2-1977. Amendments noted where applicable.]
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.
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
B.
The granting of any part of an application which relates
only to technical specifications and requirements, provided that no such partial
approval shall entitle or permit the applicant to commence action until all
requirements of this chapter and Part 617 of Title 6 NYCRR have been fulfilled.
A.
Consistent with Part 617 of Title 6 NYCRR and the criteria
therein, the following actions, in addition to those listed in Section 617.12
of Title 6 NYCRR as Type I actions, are likely to have a significant effect
on the environment.
B.
Consistent with Part 617 of Title 6 NYCRR and the criteria
therein, the following actions, in addition to those listed in Section 617.12
of Title 6 NYCRR as Type II actions, are deemed not to have a significant
effect on the environment.
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.
