A.
The lead agency shall be that local agency principally
responsible for carrying out, funding or approving an action. The
lead agency is responsible for determining whether an EIS is required
for an action, and for preparation and filing of any such EIS.
B.
Where more than one agency is involved, the lead agency
shall be determined and designated as provided in Section 6 of Part
617.
[Amended 2-9-1999 by L.L. No. 3-1999]
C.
The Planning Department will be the Town clearinghouse
for lead agency designations. It will assist agencies and applicants
in identifying other federal, state and local agencies that will be
involved in approving, funding or carrying out an action. The clearinghouse
will make recommendations on designation lead agencies for particular
actions.
D.
Environmental review of actions involving a federal
agency will be processed in accordance with Section 15 of Part 617.
[Amended 2-9-1999 by L.L. No. 3-1999]
A.
When any local agency of the Town of East Hampton
contemplates directly carrying out, funding or approving a Type I
Action, a full EAF must be prepared 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 Appendices A, B and C of
Part 617 will be used as models by the Town, but the Planning Department
may, from time to time, modify such models in designing its own EAF
forms, or to meet the needs of a particular case. In each instance,
however, the final scope of such modified EAF must be at least as
comprehensive as the scope of the model forms.
[Amended 2-9-1999 by L.L. No. 3-1999]
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 One 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 7 of Part 617 must also
be considered by the lead agency in making the required determination
of significance. The determination must be made within 20 days of
its designation as lead agency, or within 20 days of its receipt of
all information it requires, whichever is later.
[Amended 2-9-1999 by L.L. No. 3-1999]
D.
For I actions, the lead agency must give public notice
and file any determination of nonsignificance as provided in Part
617. 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 the provisions of Part 617.
[Amended 8-7-1987 by L.L. No. 10-1987]
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 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 9, 11 and 12 of Part 617. 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.
[Amended 2-9-1999 by L.L. No. 3-1999]
[Added 2-9-1999 by L.L. No. 3-1999]
A.
Section 128-3-20.B(9) and (10) list certain airport
actions that shall be Type I actions in the Town of East Hampton.
B.
Prior to filing any determination of nonenvironmental significance as provided in Part 617 regarding the certain airport actions listed in § 128-3-20B(9) and (10), the Town Board as lead agency shall hold a public hearing and receive public comment on the environmental significance of the action.
C.
If the Town Board as lead agency determines that a proposed action listed in § 128-3-20B(9) or (10) may be environmentally significant and that an EIS must be prepared, the lead agency shall, in addition to the requirements set forth in § 128-2-30 above, require the DEIS to include:
