A. 
When an action subject to this chapter involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the environmental impact statement; provided, however, that an applicant may not be charged a separate fee for both the preparation and review of an environmental impact statement, and provided, further, that any fee charged must reflect the actual costs to the lead agency for such preparation or review. Where an applicant does not choose to prepare the environmental impact statement, the lead agency shall provide the applicant, upon request, with an estimate of the costs for preparing such statement based on the total cost of the project for which funding or approval is sought.
B. 
For residential projects, the total project cost shall be the cost of the land plus the cost of all site improvements required, not including the cost of buildings and structures. In the case of a residential project, the fee charged by an agency may not exceed the amount which is in accordance with Chapter 19.
[Amended 4-7-2014 by L.L. No. 1-2014]
C. 
For nonresidential construction projects, the total project cost shall be the cost of supplying utility service to the project, the cost of site preparations and the cost of labor and material, as determined with reference to a current cost data publication in common usage such as Building Construction Cost Data by Means. In the case of construction projects, the fee charged may not exceed the amount which is in accordance with Chapter 19.
[Amended 4-7-2014 by L.L. No. 1-2014]
D. 
Appeal procedure. When a dispute arises concerning fees charged to an applicant by a state agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the agency or his designee shall examine the agency record and prepare a written response to the applicant setting forth reasons why the applicant's claims are valid or invalid.
The Town may from time to time, after public hearing, modify the procedures of this chapter, broaden the scope of actions for which environmental review is required and establish further environmental review criteria. Such amendments shall be no less protective of environmental values, public participation and agency and judicial review than the procedures set forth in part 617 of New York State Environmental Conservation Law, § 8-0113.
Upon the written request of any person, the Commissioner of New York State Department of Environmental Conservation shall review and determine whether any action contained in the Town's own list or classification system is consistent with the criteria of Section 617.11 and the actions in Sections 617.12 and 617.13 of Part 617, State Environmental Quality Review. The Commissioner shall give written notification of the determination to such persons and the Town within 30 days of receipt of a request.
A. 
Within 10 calendar days after the filing of a final decision of the lead agency of the environmental impact of a proposed action, the lead agency will accept a written statement of questions of specific nature pertaining to such decision by any person(s) or agency(s).
B. 
Establishment of meeting to discuss questions. Through the mutual consent of the lead agency and the person(s) or agency(s) which has caused the statement of questions to be prepared to the lead agency, the date, time and location of a meeting of both parties shall be established. Such meeting shall take place not later than 30 calendar days after the receipt of the written statement by the lead agency. If more than one written statement of questions is received by the lead agency, the lead agency may, at its discretion, hold one meeting to address all statements of questions.
C. 
Notification of receipt of statement of questions. Within 10 calendar days of receipt of a written statement of questions, the lead agency shall cause notice of receipt of such questions to be published in a newspaper of general circulation within the town. Such notice shall state that the questions may be reviewed at the office of the Town Clerk, and the date, time and location of the meeting between the municipality and the person(s) or agency(s) which has caused the statement of questions to be prepared and that any person(s) or agency(s) that wishes to comment upon the statement of questions may do so at such meeting. The cost of such notice shall be paid by the person(s) or agency(s) that caused the statement of questions to be prepared.
D. 
Purpose of meeting. The purpose of the meeting between the lead agency and the person(s) or agency(s) that caused the statement of questions to be prepared shall be to discuss the environmental ramifications, social and economic ramifications and other mitigating circumstances which led to the final decision made by the lead agency on the action. Only those questions which appear upon the written statement of questions shall be discussed at such meeting.
E. 
Determination of final decision. Based upon the discussion between the lead agency and the person(s) or agency(s) that caused the statement of questions to be prepared and with any other person(s) or agency(s) with which the lead agency may wish to consult, the lead agency may modify its final decision. No further consideration of questions pertaining to any decision of the lead agency upon the proposed action as provided in this section will be made. Notice of the final decision shall be made in the same manner as provided in §§ 35-19B or C and 35-28 of this chapter. The lead agency shall maintain a file open to public inspection of all notices of determination prepared by it.
This chapter shall take effect on June 1, 1977, for any actions undertaken by the Town. This chapter shall take effect on September 1, 1977, for any action proposed by an applicant which requires a permit or other approval from the Town.