A.
The lead agency is the agency (i.e., board, department, office, other
body or officer of the Village of Buchanan) principally responsible
for carrying out, funding or approving an action. The lead agency
is responsible for determining whether an EIS is required for the
action and for preparing and filing the EIS if it is required.
B.
Where more than one agency is involved, the lead agency is determined
and designated as provided in Section 6 of Part 617,[1] except that, for the following specific Type I and unlisted
actions, in cases where a federal or state agency permit or approval
is not necessary, the lead agency is:
(1)
The Village Board for adoption, amendment or change in zoning or
land use regulations.
(2)
The Zoning Board of Appeals for variances.
(3)
The Planning Board for site plan review and subdivisions.
[1]
Editor's Note: See now 6 NYCRR 617.6 and 617.7.
C.
The Planning Board will be the clearinghouse for lead agency designation.
It will assist agencies and applicants to identify other federal,
state and local agencies that may be involved in approving, funding
or carrying out Type I and unlisted actions. The clearinghouse will
make recommendations on designation of lead agencies for particular
actions.
A.
When any agency, department, body, board or officer of the Village
of Buchanan contemplates directly carrying out, funding or approving
any Type I action, a full environmental assessment form (EAF) must
be prepared by it or on its behalf. When an unlisted action is contemplated,
either a full or short EAF, as appropriate, must be prepared. The
EAF's given in Appendixes A and B of Part 617 will be used as
models, but may be modified to meet the needs of particular cases.
However, the final scope of such a modified EAF must be at least as
comprehensive as the scope of the model forms.
B.
When any person submits an application for funding or a permit or
other approval of a Type I or unlisted action to any agency, department,
body, board or officer of the Village of Buchanan, an EAF must accompany
the application. For Type I actions, a full EAF must be prepared;
for unlisted actions, either the full EAF or the short form may be
used, as appropriate. An applicant may choose to prepare a draft EIS
in place of an EAF.
C.
The lead agency must make a determination of environmental significance
of the action. This determination must be based on the EAF, or, with
respect to unlisted actions, its own procedures, as the case may be,
and on such other information as it may require. The criteria stated
in Section 11 of Part 617[1] must also be considered by the lead agency in making its
determination of significance. The determination must be made within
20 days of its designation as lead agency or within 20 days of its
receipt of all information it requires, whichever is later.
[1]
Editor's Note: See now 6 NYCRR 617.7.
D.
For Type I actions, the lead agency must give public notice and file
a determination of nonsignificance as provided in Section 10 of Part
617.[2] For unlisted actions, the lead agency must send a determination
of nonsignificance to the applicant and maintain its own records thereof
in accordance with Section 10 of Part 617.[3]
E.
If the lead agency makes a determination of nonsignificance, the
direct action, approval or funding involved will be processed without
further regard to SEQR, Part 617 or this chapter.
F.
The time of filing an application for approval or funding of an action
commences from the date the determination of environmental nonsignificance
is made. If the applicant prepared a draft EIS in lieu of an EAF,
the time of filing commences from the date the lead agency accepts
the draft EIS as adequate in scope and content and commences the public
comment period.
A.
If, based on review of the EAF and other information, the lead agency
determines that the proposed action may be environmentally significant,
then an EIS must be prepared.
B.
If an EIS is required, the lead agency must proceed as provided in
Sections 8, 9 and 10 of Part 617.[1] The draft EIS will normally be prepared by the applicant.
If the applicant fails to prepare a draft EIS or prepares a draft
EIS which is unacceptable to the lead agency, the lead agency may
either prepare a draft EIS itself, discontinue further processing
until the applicant can provide an acceptable draft EIS or deem the
application abandoned and discontinue review.
[1]
Editor's Note: See now 6 NYCRR 617.9, 617.11 and 617.12.
C.
A public hearing may be held on the draft EIS.
A.
The fee schedule for review or preparation of an EIS involving approval
or funding of an action will be fixed from time to time by resolution
of the Village Board.
B.
Fees so fixed will be consistent with the limitations set by Section
17 of Part 617.[1] When the EIS is prepared by the applicant, fees will reflect
actual expenses of reviewing it. When the EIS is prepared by an agency
on behalf of the applicant, fees will reflect the cost of preparation,
including publication of notices, but not the cost of environmental
review by the agency. However, the lead agency may not charge a fee
for its determination of significance.
[1]
Editor's Note: See now 6 NYCRR 617.13.
