Village of Dering Harbor, NY
Suffolk County
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A. 
The lead agency is the agency (i.e., board, department, office or other body or officer of the Village) principally responsible for carrying out, funding or approving a Type I 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 Sections 6, 7 and 8 of Part 617 of the New York Codes, Rules and Regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Each agency, department or board of the Village will be responsible for those applications which are submitted to it and over which it has jurisdiction both as to recommendations on designation of lead agency status for a particular action and also for assistance to applicants in identifying other federal, state and local agencies that will be involved in approving, funding or carrying out any action.
D. 
Environmental review of actions involving a federal agency will be processed in accordance with Section 15 of Part 617 of the New York Codes, Rules and Regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
When any agency, department, body, board or officer of the Village of Dering Harbor 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 Appendix A and B of Part 617 of the New York Codes, Rules and Regulations 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 local agency, an EAF Part 1 must accompany the application. For Type I actions a full EAF must then be prepared; for unlisted actions either a full EAF or the short form EAF may be used as appropriate. An applicant may choose to prepare a DEIS in lieu of any EAF.
C. 
The lead agency must make a determination of the environmental significance of the action. This determination must be based upon the EAF or, with respect to unlisted actions, its own procedures, as the case may be, as well as on any other relevant information it may require. The criteria stated in Section 7 of Part 617 of the NYCRR must also be considered by the lead agency in making the required determination of significance. The determination must be made within 20 days following receipt of complete application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
For Type I actions, the lead agency must give public notice and file any determination of non significance as provided in Subdivision 617.12(b)(1) of Part 617 of the New York Codes, Rules and Regulations. For unlisted actions, the lead agency must send any determination of non significance to the applicant, if any, and maintain its own records thereof in accordance with Subdivision 8 and 12(b)(2) of the New York Codes, Rules and Regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
If the lead agency makes a determination of nonsignificance the direct action approval or funding involved in the action as well as the decision involved with the same, may be processed without further regard to SEQRA, Part 617 of the New York Codes, Rules and Regulations or this chapter.
F. 
For the purposes of determining compliance with any law or regulation governing the maximum allowable period for any local agency, the time of filing an application for approval or funding of any action shall be deemed to have been the date on which the determination of environmental nonsignificance is made. If a finding of significance is made and EIS is required, or if the applicant has prepared a DEIS in lieu of any EAF, the time of filing shall be the date the lead agency formally accepts the DEIS as adequate in scope and content and otherwise sufficient, that commences the public comment period thereon.
A. 
If, based upon 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 9, 11 and 12 of Part 617 of the New York Codes, Rules and Regulations. Where there is an applicant involved, the DEIS shall be prepared by the applicant. Failure of the applicant to prepare a DEIS shall relieve the lead agency from any further responsibility in connection with the application. If the applicant prepares a DEIS which is unacceptable to the lead agency, the lead agency may either prepare a DEIS, discontinue further processing until the applicant provides an acceptable DEIS or elect to deem the application abandoned and discontinue review.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
If a public hearing is held on the DEIS, it shall whenever possible be held concurrently with any other hearing required in connection with the application.
A. 
The fee for review or preparation of an EIS involving approval or funding of an action shall be fixed by resolution of the Village Board.
B. 
Fees fixed by the Village Board shall be consistent with the limitation set forth in Section 13 of Part 617 of the New York Codes, Rules and Regulations. When the EIS is prepared by an agency on behalf of an applicant, fees shall include the actual cost of review, including preparation cost, publication of notices, exclusive of the cost of environmental review by the agency. However, the lead agency may not charge a fee for its determination of significance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]