The purpose of this chapter is to implement for the Village
of Depew 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 Village of Depew, unless it has complied with SEQR,
Part 617, to the extent applicable and this chapter.
If the lead agency determines that an EIS is required, it shall
proceed as provided in Part 617.8, 617.9 and 617.10. 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 and 617.7, except that in the following Type I and unlisted
actions the lead agency shall be as provided herein:
A. Adoption, amendment or change in zoning regulations not requiring
a federal or state agency permit or approval: the Village Board.
B. Construction or expansion of Village buildings, structures and facilities
within the Village not requiring a federal or state agency permit
or approval: the Village 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 Village of Depew,
not requiring a federal or state agency permit or approval: the Village
Board.
E. Planned unit development or cluster zoning not requiring a federal
or state agency permit or approval: Village Planning Board.
F. Site plan review and special use permit not requiring a federal or
state agency permit or approval: Village Planning Board.
G. Construction or expansion of nonresidential facility not requiring
a federal or state agency permit or approval: Village Planning Board.
H. Parking lot not requiring a federal or state agency permit or approval
- Village Planning Board.
The Planning Board shall act as the Village 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 617.16.
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 Village Board.
Critical areas of environmental concern may be designated by
resolution of the Village Board in accordance with Part 617.4(j).
The following are deemed Type I actions in addition to those
set forth in Part 617.12: None.
The following are deemed Type II actions in addition to those
set forth in Part 617.13: None.