The purpose of this chapter is to implement
for the Village of Shortsville 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, 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 617.9, 617.11 and 617.12
of the New York Codes, Rules and Regulations. Commencing with the
acceptance of the draft EIS, the time limitation for processing the
EIS shall run concurrently with the time limitations applicable to
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 of 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 of the New York Codes,
Rules and Regulations, 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 expansions 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: the Zoning Board of Appeals.
D. Purchase, sale and lease of real property by the Village,
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: the Village Planning
Board (if the Planning Board has been given this authority).
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: the Building
Inspector.
H. Parking lot not requiring a federal or state agency
permit or approval: the Building Inspector.
In all cases other than those specified in §
45-6, the Planning Board shall act as the lead agency.
Environmental review of actions involving a
federal agency shall be processed in accordance with Part 617.15 of
the New York Codes, Rules and Regulations.
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.
[Amended 1-8-2002 by L.L. No. 1-2002]
Critical environmental areas may be designated
by resolution of the Village Board in accordance with Part 617.14(g)
of the New York Codes, Rules and Regulations.