The lead agency is the agency (i.e., board, department,
office, other body, or officer) of the Village of Skaneateles 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.
Where more than one agency is involved, the lead agency
is determined and designated as provided in § 6 of Part
617, 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 as indicated:
Site plan review, subdivision control, and construction
or expansion of buildings, structures and other facilities, including
streets, within the Village: Planning Board.
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.
When any agency, department, body, board or officer
of the Village 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.
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 Village, an EAF
must accompany the application. For Type I actions a full EAF must
be prepared. For unlisted actions either the 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.
The lead agency must make a determination of 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 § 7 of Part 617 must also be considered
by the lead agency in making its determination of significance. The
determination must be made within 20 days of its designation as lead
agency or within 20 days of its receipt of all information it requires,
whichever is later. [1]
For Type I actions and unlisted actions, the lead
agency must give public notice and file a determination of significance
and maintain records thereof in accordance with § 12 of
Part 617.
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.
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.
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.
If an EIS is required, the lead agency must proceed
as provided in §§ 9, 11 and 12 of Part 617. 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.
The fees for review or preparations of an EIS involving
approval or funding of an action will be fixed from time to time by
resolution of the Board of Trustees.
Fees so fixed will be consistent with the limitations
set by § 13 of Part 617. 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.
Critical environmental areas will be designated
from time to time by resolution of the Board of Trustees.
Actions
that result in a change in the natural cover or topography and that
may cause or contribute to sedimentation and siltation of Village
streams and/or Skaneateles Lake; and