The Town Board shall be responsible for assuring
compliance with these regulations in all direct actions undertaken
by the municipality.
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
| |
Zoning Board of Appeals
|
Variances
|
Governing board
|
Zoning amendments
|
Franchises
| |
Special use permits (where applicable)
|
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:
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; and
(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.