Following a determination that an action may
have a significant effect upon the environment, the lead agency shall:
A. In the case of an action not involving an applicant,
prepare a draft environmental impact statement in accordance with
the procedures outlined in this article; or
B. In the case of an action involving an applicant, immediately notify the applicant to prepare an environmental impact report to assist the lead agency in carrying out its responsibility under this chapter or may request the applicant to prepare a draft environmental impact statement, except where the action involves more than one agency, in which case, the procedures outlined in §§
35-12 and
35-14 of this chapter shall be followed. If the applicant refuses to submit a draft environmental impact statement or the environmental impact report, the lead agency shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing will cease and no approval will be issued.