Town of Hyde Park, NY Article VI Delegation of Responsibility

§ 54-27 Direct actions.

The Town of Hyde Park shall be responsible for assuring compliance with these regulations in all direct actions undertaken by the municipality, except as noted otherwise below:

Responsible Agency	Direct Action
Highway Superintendent	Road or highway sections
Planning Board	Adoption of comprehensive plans

§ 54-28 Entitlement actions.

The following shall be responsible for assuring compliance with these regulations with respect to actions requiring leases, permits, certificates or other entitlements as noted:

Responsible Agency	Entitlement Action
Planning Board	Subdivision plat approval
	Site plan approval
	Special use permits where applicable
Zoning Board of Appeals	Variances
	Special use permits where applicable
Governing body	Zoning amendments

§ 54-29 Actions involving more than one agency.

A. Upon receipt of a complete application for an action which an agency determines may have a significant effect on the environment, the agency shall immediately notify all other agencies which may be involved in the proposed action and request full coordination of the environmental review of such action.

B. All involved agencies shall, to the fullest extent possible, coordinate their environmental reviews through a lead agency to the end that the requirements of this chapter are met by one draft environmental impact statement, one final environmental impact statement and, if conducted and practicable, a single hearing process. The designation of the lead agency shall be made within 30 calendar days following the filing of a complete application.

C. In the case of an action involving an applicant, the lead agency shall immediately notify the applicant, in writing, that it is the lead agency and request the applicant to prepare a draft environmental impact statement.

D. The other agencies involved in the action shall have no further obligations with respect to the action being considered except:

(1) To provide their views where appropriate and, to the extent practical, appropriate technical analysis and support.

(2) To make the findings required by § 54-24.

(3) Not to approve, commence or engage in such action until the procedures set forth in Articles IV and V have been completed.

E. If a question arises between or among two or more agencies as to which agency is the lead agency, the agencies shall resolve the question themselves and designate a lead agency, in writing, on the basis of the following:

(1) The agency to first act on the proposed action.

(2) A determination of which agency has the greatest responsibility for supervising or approving the action as a whole.

(3) A determination of which agency has more general governmental powers as compared to single or limited powers or purposes.

(4) A determination of which agency has the greatest capability for providing the most thorough environmental assessment of the action.

(5) A determination of whether the anticipated impacts of the action being considered are primarily of statewide, regional or local concern, e.g., if such impacts are primarily of local concern, the local agency should be the lead agency.

F. If such agencies are unable to resolve the question within the prescribed thirty-calendar-day period, they shall submit the question, in written form, to the Commissioner, who shall, within five business days, on the basis of the criteria specified above, designate the lead agency.