A.
The lead agency is the agency (i.e., board, department, office, other
body, or officer) of the Town of Lyons 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 6 NYCRR 617.6, 617.7 and 617.8, 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)
Adoption, amendment, or change in zoning or land use regulations:
Town Board.
(2)
Construction or expansion of Town buildings, structures, and other
facilities, including highways within the Town of Lyons: Town Board.
(3)
Variances: Board of Appeals.
(4)
Purchase, sale and/or lease of real property by the Town of Lyons:
Town Board.
(5)
Planned unit development or cluster zoning: Town Board.
(6)
Site plan review and special use permits: Planning Board.
(7)
Construction or expansion of a nonresidential facility: Planning
Board.
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.
D.
Environmental review of actions involving a federal agency will be
processed in accordance with 6 NYCRR 617.15.
A.
When any agency, department, body, board, or officer of the Town
of Lyons 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-form EAF, as appropriate, must be prepared.
The EAF forms given in Appendices 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 Town of Lyons, an EAF must accompany
the application. For Type I actions, a full EAF must be prepared;
for unlisted actions either a 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 the 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 6 NYCRR 617.7 must also be considered by the lead agency in making
its determination of significance. The determination must be made
within 15 days of its designation as lead agency, or within 15 days
of its receipt of all information it requires, whichever is later.
D.
For Type I actions, the lead agency must give public notice and file
a determination of nonsignificance as provided in 6 NYCRR 617.12.
For unlisted actions, the lead agency must send a determination of
nonsignificance to the applicant and maintain its own records thereof
in accordance with 6 NYCRR 617.8 and 617.17.
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
6 NYCRR 617.9, 617.11 and 617.12. 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.
C.
If a public hearing is held on the draft EIS, it must, whenever possible,
be concurrent with any other hearing on the application.
A.
The fees for review or preparation of an EIS involving approval or
funding of an action will be fixed from time to time by the Town Board
by resolution.
B.
Fees so fixed will be consistent with the limitations set by 6 NYCRR
617.13. 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.