§ 92-9. Preparation of draft environmental impact statement.

A. 

Following a determination that a proposed action may have a significant effect on the environment, the Conservation Advisory Council shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:

(1) 

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; or

(2) 

In the case of an action not involving an applicant, prepare a draft environmental impact statement.

B. 

If the applicant decides not to submit an environmental impact report, the Conservation Advisory Council shall prepare or cause to be prepared the draft environmental impact statement or, in its discretion, notify the applicant that the processing of the application will cease and that no approval will be issued. The Conservation Advisory Council may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. Such fees shall be determined as follows:

(1) 

In those cases wherein the applicant prepares a draft environmental impact statement, a fee of 1/10 of 1% of the total cost to the applicant of the proposed action shall be charged.

(2) 

In those cases wherein the applicant does not prepare a draft environmental impact statement, a fee of 2/10 of 1% of the total cost to the applicant of the proposed action shall be charged.

C. 

All fees under this section shall be subject to amendment pursuant to Sections 617.10 and 617.11 of Part 617 of Title 6 of the New York Codes, Rules and Regulations.