Town of Binghamton, NY Article V Lead Agency

§ 119-12 Purpose and time period for designation.

Upon receipt of a complete application for an action which the Planning Board determines may have a significant effect upon the environment pursuant to Article IV of this chapter, the Planning Board shall immediately notify all other agencies which may be involved in the proposed action. All involved agencies shall, to the fullest extent possible, coordinate their environmental reviews through a lead agency to the end that the requirements are met by a single draft environmental impact statement, a single final environmental impact statement and, if conducted and practicable, a single hearing process. In order to expedite this coordination, the Planning Board shall require applicants to specify in their applications which other agencies, to the best of the applicant's knowledge, will have jurisdiction by law over proposed actions. The designation of the lead agency shall be made within 30 calendar days following the filing of a complete application.

§ 119-13 Method of determination.

A. If a question arises between, or among, two or more agencies as to which agency is the lead agency in an action, the agencies shall resolve the question themselves and designate a lead agency in writing on the basis of the following:

(1) The agency first to act upon the proposed action.

(2) A determination of which agency has the greatest responsibility for supervising or approving the action as a whole.

(3) A determination of which agency has more general governmental powers as compared to single or limited powers or purposes.

(4) A determination of which agency has the greatest capability for providing the most thorough environmental assessment of the action.

(5) A determination of whether the anticipated impacts of the action being considered are primarily of statewide, regional or local concern.

B. Resolution of lead agency determination. If such agencies are unable to resolve the question within the prescribed thirty-calendar-day period, they shall submit the question in written form to the Commissioner of the New York State Department of Environmental Conservation, who shall, within five business days, on the basis of the criteria specified in § 119-13 of this chapter, designate the lead agency.

§ 119-14 Notification of applicant.

Once the lead agency has been identified, the lead agency shall immediately notify the applicant in writing that it is the lead agency and request the applicant to prepare a draft environmental impact statement.

§ 119-15 Responsibilities of other agencies.

The other agencies involved in the action shall have no further obligations under this section with respect to the action being considered except to:

A. Provide their reviews where appropriate and, to the extent practical, provide appropriate technical analysis and support.

B. Make the findings required by Article IX of this chapter.

C. Not approve, commence or engage in such action until the procedures set forth in Article IX of this chapter have been completed.

§ 119-16 Conduct of studies and planning and budgetary processes; granting partial approvals.

Nothing in this chapter shall prevent the Town, an agency or an applicant from:

A. Conducting contemporaneous environmental, economic feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action which do not otherwise commit the Town or the agency to commence or engage in such action.

B. Granting approval 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 the action unless and until all requirements of this chapter have been fulfilled.