A.
The
lead agency is the agency, including the applicable agency, board,
commission, department, office, other body, officer or employee of
the Village 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 so required.
B.
Where
more than one agency is involved, the lead agency is determined and
designated as provided in Part 617.
C.
The
Board of Trustees 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 may
make recommendations on designation of lead agencies for particular
actions.
D.
Environmental
review of actions involving a federal agency will be processed in
accordance with Part 617.
A.
When any agency 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 by an agency of the Village, either a full-
or a short-form EAF, as appropriate, must be prepared. The EAF forms
provided on the DEC website and located in Appendices A and B of Part
617 will be used, but may be modified by the Village to meet the needs
of particular cases.
B.
When an application is submitted for funding or a permit or other
approval of a Type I or unlisted action to any agency of the Village,
the application must be accompanied by an EAF. 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.
C.
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 the application and such other information as it may require.
The criteria stated in Section 7 of Part 617 also must be considered
by the lead agency in making its determination of significance.
D.
The lead agency, upon making a determination of significance, must
comply with Section 12 of Part 617.
E.
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.
F.
If the agency determines that the proposed action is an exempt action,
a ministerial action, or a Type II action as provided in section 5
of Part 617 or in this chapter, the proposed action may be processed
without further regard to SEQR, Part 617, or this chapter.
Following a determination that a proposed action may have a
significant impact on the environment, the agency shall, in accordance
with the provisions of Part 617:
A.
In
the case of an action involving an applicant, immediately notify the
applicant of the determination and request the applicant to prepare
an environmental impact report in the form of a draft environmental
impact statement.
B.
In
the case of an action not involving an applicant, prepare a draft
environmental impact statement.
If the applicant decides not to submit an environmental impact
statement, the agency may prepare or cause to be prepared the draft
environmental impact statement or, in its discretion, notify the applicant
that the application will not be further processed and no approval
will be issued until the said environmental impact statement is submitted.
The fees and costs for review or preparation of an environmental
impact statement involving approval or funding of an action will be
fixed from time to time by resolution of the Board of Trustees. Fees
and costs so fixed will be consistent with the limitations set by
Section 13 of Part 617, and a deposit for such fees and costs shall
accompany submission of the environmental impact statement in an amount
as determined by the Village from time to time.
