[Added 5-11-1988]
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 that an applicant may not be charged a separate
fee for both preparation and review of an environmental impact statement,
and provided further than 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 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 2% of the total
project cost.
C.
For nonresidential construction projects, the total project cost
shall be the cost of supplying utility service to the project, the
cost of site preparation and the cost of labor and material as determined
with reference to a current cost date publication in common usage
such as Building Construction Cost Data by Means. In the case of construction
projects, the fee charged may not exceed 1/2 of 1% of the total project
cost.
E.
Nonresidential construction type projects [NYCRR 617.17(c)]. The
fee charged must not exceed 1/2 of 1% of the total project cost. The
project cost includes:
