The purpose of this chapter is to implement for the Village
of Warsaw the State Environmental Quality Review Act and 6 NYCRR 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 and Part
617 to the extent applicable to this chapter.
If the lead agency determines that an EIS is required, it shall
proceed as provided in Sections 617.8, 617.9 and 617.10. Commencing
with the acceptance of the draft EIS, the time limitations 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 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 Sections 617.6 and 617.7, except that, in the following Type I
and unlisted actions, the lead agency shall be as provided herein:
A. The adoption, amendment or change in zoning regulations not requiring
a federal or state agency permit or approval: the Village Board.
B. The 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:
the Zoning Board of Appeals.
D. The purchase, sale and lease of real property by the village not
requiring a federal or state agency permit or approval: the Village
Board.
E. A planned unit development or cluster zoning not requiring a federal
or state agency permit or approval: the Village Planning Board.
F. A site plan review and special use permit not requiring a federal
or state agency permit or approval: the Village Planning Board.
G. The construction or expansion of a nonresidential facility not requiring
a federal or state agency permit or approval: the Zoning Officer.
H. A parking lot not requiring a federal or state agency permit or approval:
the Zoning Officer.
The Village Board shall act as the village clearinghouse for
lead agency designation. Such clearinghouse shall assist agencies
and applicants in identifying 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 Section 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 resolution of the Village Board. (Section 617.17 prescribes limitations
on the amount of fees. If the applicant prepares the EIS, the village
may charge a fee for actual expenses of reviewing it, but if a village
agency prepares an EIS on behalf of an applicant, it may charge a
fee for the cost of preparing, including publication of notices, but
not for the cost of professional review.)
Critical areas of environmental concern may be designated by
resolution of the Village Board in accordance with Section 617.4(j).