New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.13 - Fees and costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				When an action subject to this Part involves an applicant, the lead agency may
				charge a fee to the applicant in order to recover the actual costs of either
				preparing or reviewing the draft or final EIS. The fee may include a chargeback
				to recover a proportion of the lead agency's actual costs expended for the
				preparation of a generic EIS prepared pursuant to section
				617.10 
				of this Part for the geographic area where the applicant's project is located.
				The chargeback may be based on the percentage of the remaining developable land
				or the percentage of road frontage to be used by the project, or any other
				reasonable methods. The fee must not exceed the amounts allowed under
				subdivisions (b) through (d) of this section. If the lead agency charges for
				preparation of a draft or final EIS, it may not also charge for review of the
				draft or final EIS; if it charges for review of a draft or final EIS, it may
				not also charge for preparation of the EISs. Scoping will be considered part of
				the draft EIS for purposes of determining a SEQR fee; no fee may be charged for
				preparation of an EAF or determination of significance.
(b) For residential projects, the total
				project value will be calculated on the actual purchase price of the land or
				the fair market value of the land (determined by assessed valuation divided by
				equalization rate) whichever is higher, plus the cost of all required site
				improvements, not including the cost of buildings and structures, as determined
				with reference to a current cost data publication in common use. In the case of
				such projects, the fee charged by an agency may not exceed two percent of the
				total project value.
(c) For
				nonresidential construction projects, the total project value will be
				calculated on the actual purchase price of the land or the fair market value of
				the land (determined by the assessed valuation divided by equalization rate)
				whichever is higher, plus 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 data publication in common use. In the case of
				such projects the fee charged may not exceed one half of one percent of the
				total project value.
(d) For
				projects involving the extraction of minerals, the total project value will be
				calculated on the cost of site preparation for mining. Site preparation cost
				means the cost of clearing and grubbing and removal of over-burden for the
				entire area to be mined plus the cost of utility services and construction of
				access roads. Such costs are determined with reference to a current cost data
				publication in common use. The fee charged by the agency may not exceed one
				half of one percent of the total project value. For those costs to be incurred
				for phases occurring three or more years after issuance of a permit, the total
				project value will be determined using a present value calculation.
(e) The lead agency will provide the
				applicant, upon request, with an estimate of the costs for preparing or
				reviewing the draft EIS calculated on the total value of the project for which
				funding or approval is sought. The applicant is also entitled to, upon request,
				copies of invoices or statements for work prepared by a consultant that are
				submitted to the lead agency in connection with any services rendered in
				preparing or reviewing an EIS.
(f)
				Appeals procedure. When a dispute arises concerning fees charged to an
				applicant by a lead agency, the applicant may make a written request to the
				agency setting forth reasons why it is felt that such fees are inequitable.
				Upon receipt of a request, the chief fiscal officer of the agency or his
				designee will examine the agency record and prepare a written response to the
				applicant setting forth reasons why the applicant's claims are valid or
				invalid. Such appeal procedure must not interfere with or cause delay in the
				EIS process or prohibit an action from being undertaken.
(g) The technical services of the department
				may be made available to other agencies on a fee basis, reflecting the costs
				thereof, and the fee charged to any applicant pursuant to this section may
				reflect such costs.