A. 
The lead agency is the agency (i.e., board, department, office, other body or officer of the Town) 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 and 7 of Part 617 of the New York Codes, Rules and Regulations.
C. 
Each agency, department or board of the Town 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 16 of Part 617 of the New York Codes, Rules and Regulations.
A. 
When any agency, department, body, board or officer of the Town of Shelter Island 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 Appendixes 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 the 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 11 of Part 617 of the New York Codes, Rules and Regulations must also be considered by the lead agency in making the required determination of significance. The determination must be made within 45 days following receipt of a complete application.
D. 
For Type I actions, the lead agency must give public notice and file any determination of nonsignificance as provided in Subdivision 10(b) of Part 617 of the New York Codes, Rules and Regulations. For unlisted actions, the lead agency must send any determination of nonsignificance to the applicant, if any, and maintain its own records thereof in accordance with Subdivision 7(e) and 10(f) of Part 617 of the New York Codes, Rules and Regulations.
E. 
If the lead agency makes a determination of nonsignificance, the direct action, approval or funding involved in the action, as well as the decisions 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 of review permitted for any local agency, the time of filing an application for approval or funding of an 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 an 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 and 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 8, 9 and 10 of Part 617 of the New York Codes, Rules and Regulations. Where there is an applicant involved, the DEIS will normally be prepared by the applicant, and failure of an applicant to prepare a DEIS shall relieve the lead agency of any further responsibility to review the application. If the applicant prepares a DEIS which is unacceptable to the lead agency, the lead agency may either prepare a DEIS itself, discontinue further processing until the applicant can provide an acceptable DEIS or deem the application abandoned and discontinue review.
C. 
If a public hearing is held on the DEIS, it must, whenever possible, be concurrent with any other hearing on the application.
[Amended 5-19-2025 by L.L. No. 4-2025]
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 resolution of the Town Board.
B. 
Fees so fixed will be consistent with the limitations set by Section 17 of Part 617 of the New York Codes, Rules and Regulations. When the EIS is prepared by an applicant, fees will reflect the actual costs of reviewing the same. When the EIS is prepared by an agency on behalf of an applicant, fees will reflect the costs 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.
C. 
Expenses. In addition, applicants shall be liable for, and shall pay to the Town all of its expenses reasonably and necessarily incurred in connection with the application including, without limitations, all fees, costs and expenses for engineering, legal, and stenographic services, environmental and other consultant services, and all recording fees that are reasonably and necessarily incurred in connection with the application.
D. 
Initial deposit, other than one-family and two-family residential premises. The Town Board may from time to time by resolution establish and require deposits to be paid by applicants in connection with applications related to properties that are other than one-family or two-family residential premises, to secure the payment of the expenses required to be paid pursuant to this section. The expenses for which the applicant is responsible shall be deducted from the deposit as incurred by the Town.
E. 
Additional deposit. In the event, from time to time, the amount on deposit with the Town is reduced to 25% of its original amount prior to final determination of the application and receipt by the Town of all invoices for the expenses required to be paid pursuant to this section, the applicant shall deposit such additional funds as may be required to restore the amount on deposit to 50% of its original amount.
F. 
Refund of unused deposit. In the event that the amount of the deposit shall exceed the expenses required to be paid pursuant to this section, upon final determination of the application and receipt by the Town of all invoices for such expenses, the unused portion of the deposit shall be returned to the applicant.