The purpose of this chapter is to implement for the Village
of Manchester the State Environmental Quality Review Act 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 or 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. 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 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, 617.7 and 617.8, 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, if
the Planning Board has been given this authority.
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 Code Enforcement
Officer or designee.
H. A parking lot not requiring a federal or state agency permit or approval:
the Code Enforcement Officer or designee.
In all cases other than those specified in §
155-6, 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.
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Crucial environmental areas (CEAs) may be designated by resolution
of the Village Board in accordance with Part 617.14(g).