[HISTORY: Adopted by the Common Council of the City of Gloversville
1-28-1987 as L.L. No. 1-1987. Amendments noted where applicable.]
This chapter shall be known as the "Environmental Quality Review Law
of the City of Gloversville."
It is the purpose of this chapter to establish procedures whereby city
agencies and the Common Council, in coordination with the other governmental
entities, may implement, at the local level, Article 8 of the New York State
Environmental Conservation Law. It is the intent that actions by the Common
Council and city agencies be consistent with the need for maintaining a high
quality environment in the city. It is also the intent that in reaching decisions
on proposed actions, the Common Council and city agencies will consider social
and economic factors, together with environmental factors. Finally, it is
the intent that city agencies consolidate and coordinate existing multiple
review procedures, while meeting the provisions of this chapter, so that delay
is minimized and time and money are saved.
A.
Unless the context shall otherwise require, the terms
and their derivatives used in this chapter shall have the same meanings as
those defined in § 8-0105 of the New York State Environmental Conservation
Law and Part 617 of Title 6 of NYCRR.
B.
APPLICANT FOR A CITY PERMIT
CITY
CITY AGENCY
CITY AGENCY HAVING JURISDICTION
CITY AGENCY INITIATING AN ACTION
CITY EIRB
As used in this chapter, the following terms shall have
the meanings indicated:
Any agency, individual, corporation, governmental entity, partnership,
association, trustee or other legal entity which must, under law, apply to
a city agency to obtain a permit, approval, advisory report or other form
of review on a proposed action.
The City of Gloversville.
Any city department, agency, board, authority, commission, officer
or employee.
The City Environmental Impact Review Board (EIRB).
Any city agency which prepares or sets forth a proposal for an action,
including the following actions: land acquisition; construction activities;
planning activities, such as the proposing of master plans, regulations and
development plans; and policy-making activities, such as the establishment
of rules, regulations and guidelines.
The City Environmental Impact Review Board. It shall consist of the
Public Service Committee of the Gloversville City Council.
A.
No decision to carry out or approve an action shall be
made by the City Council or by a city agency until there has been full compliance
with all requirements of this chapter and Part 617 of Title 6 of NYCRR. The
following actions and activities, however, shall be exempt from such requirements.
(1)
Enforcement or criminal proceedings or the exercise of
prosecutorial discretion in determining whether or not to institute such proceedings.
(2)
Ministerial acts.
(3)
Maintenance or repair involving no substantial changes
in an existing structure or facility.
(4)
With respect to the requirements of Subdivision 2 of
§ 8-0109 of the State Environmental Quality Review Act (SEQRA),
actions requiring a certificate of environmental compatibility and public
need under Article VII or VIII of the Public Service Law and consideration
of, granting or denial of any such certificate.
(5)
With respect to the requirements of Subdivision 2 of
§ 8-0109 of SEQRA, actions subject to the jurisdiction of the Adirondack
Park Agency, pursuant to § 809 of the Executive Law, including actions
of the Adirondack Park Agency thereunder, and actions subject to the jurisdiction
of local governments pursuant to § 808 of the Executive Law, and
actions of such local government pursuant thereto.
(6)
Actions which are immediately necessary, on a limited
emergency basis, for the protection or preservation of life, health, property
or natural resources.
(7)
Actions of the Legislature of the State of New York or
of any court.
(8)
The conducting of contemporaneous environmental, engineering,
economic feasibility or other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, which do
not commit the city to approve, commence or engage in such action.
(9)
The granting of any part of an application which relates
only to technical specifications and requirements, provided that no such partial
approval shall entitle or permit the city agency to commence the action until
all requirements of this chapter and Part 617 of Title 6 of NYCRR have been
fulfilled.
B.
The following actions, in addition to those listed in
Section 617.12 of Title 6 of NYCRR as Type I actions, are considered as Type
I actions, which are likely to have a significant effect on the environment,
if they are directly undertaken, funded or approved by an agency:
(1)
The acquisition, sale, lease or other transfer by the
city of one hundred (100) or more contiguous acres of land.
(2)
Construction of new nonresidential facilities which meet
or exceed any of the following thresholds, or the expansion of existing nonresidential
facilities by more than fifty percent (50%) of any of the following thresholds,
provided that the expansion and the existing facilities, when combined, meet
or exceed any threshold contained in this section:
(a)
A project or action which involves the physical alteration
of ten (10) acres.
(b)
A project or action which would use ground or surface
water in excess of two million (2,000,000) gallons per day.
(c)
Parking for one thousand (1,000) vehicles.
(d)
A facility with more than one hundred thousand (100,000)
square feet of gross floor area.
(3)
Any structure exceeding one hundred (100) feet above
original ground level or in excess of any zoning regulations pertaining to
height.
(4)
Any nonagricultural use occurring wholly or partially
within an agricultural district (certified pursuant to Agriculture and Markets
Law, Article 25-AA, § 303) which exceeds ten percent (10%) of any
threshold established in this section.
(5)
Any action (unless the action is designed for the preservation
of the facility or site) occurring wholly or partially within or contiguous
to any facility or site listed on the National Register of Historic Places,
or any historic building, structure or site, or any historic site that has
been proposed by the Committee on the Registers for consideration by the New
York State Board on Historic Preservation for recommendation to the State
Historic Officer for nomination for inclusion in said National Register.
(6)
Any project or action which exceeds twenty-five percent
(25%) of any threshold in this section, occurring wholly or partially within
or substantially contiguous to any publicly owned or operated parkland, recreation
area or designated open space.
C.
Type II actions or classes of actions have been determined
not to have a significant impact on the environment and are exempt from all
the requirements of this chapter, unless the city agency having jurisdiction
determines that a particular action may have a significant impact in an unsewered
area of the city, an area where slopes exceed fifteen percent (15%) or within
a designated agricultural district. No individual action shall be considered
a Type II action if it would be located in a particularly sensitive environmental
area where an otherwise insignificant impact could become significant, as
determined by the city agency having jurisdiction. The following actions,
in addition to those listed in Section 617.13 of Title 6 of NYCRR as Type
II actions, are considered as Type II actions:
(1)
Replacement of a facility, in kind, on the same site,
unless such facility meets any of the thresholds in Section 617.12 of Title
6 of NYCRR.
(2)
The granting of individual setback and lot line variances.
(3)
Agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures and land use changes
consistent with generally accepted principles of farming.
(4)
Repaving of existing streets or highways not involving
the addition of new travel lines.
(5)
Street openings for the purpose of repair or maintenance
of existing utility facilities.
(6)
Installation of traffic control devices on existing streets,
roads and highways.
(7)
Public or private forest management practices, other
than the removal of trees or the application of herbicides or pesticides.
(8)
Construction or placement of minor structures accessory
or appurtenant to existing facilities, including garages, carports, patios,
home swimming pools, fences, barns or other buildings not changing land use
or density.
(9)
Maintenance of existing landscaping or natural growth.
(10)
Mapping of existing roads, streets, highways, uses and
ownership patterns.
(11)
Inspections and licensing activities relating to the
qualifications of individuals or businesses to engage in their business or
profession.
(12)
Sales of surplus government property other than land,
radioactive materials, pesticides, herbicides or other hazardous materials.
(13)
Collective bargaining activities.
(14)
Investments by or on behalf of agencies or pension or
retirement systems.
(15)
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities.
(16)
License and permit renewals where there will be no material
change in permit conditions or the scope of permitted activities.
(17)
Routine activities of educational institutions which
do not include capital construction.
(18)
Information collection, including basic data collection
and research, master plan study components, water quality and pollution studies,
traffic counts, engineering studies, surveys and soil studies that are not
a preliminary step toward any given Type I project.
(19)
Minor temporary uses of land having a negligible or no
permanent effect on the environment.
D.
Because of the complex and varied nature of actions,
the Type I and Type II lists in this section are not all-inclusive. The omission
of an action from the list does not mean that the action is automatically
exempt from this part, nor does it mean that it is automatically an action
requiring environmental impact statement preparation. The criteria set forth
in Section 617.7 of Title 6 of NYCRR shall be used, together with additional
criteria set forth at a later date by the city agency having jurisdiction,
to determine significance with respect to Type I and Type II actions not so
listed in this section.
A.
To assist in the determination of whether an action may
or may not have a significant effect on the environment, city agencies initiating
action and applicants for city permits shall submit to the city agency having
jurisdiction an application which includes the following items:
(1)
A complete environmental assessment form (EAF), as prescribed
by the City Engineering Department. A complete EAF shall contain the name
of the applicant for the city permit or the name of the city agency initiating
an action; the location of real property affected, if any; a description of
the proposed action; a list prepared by the applicant of all other involved
agencies; and such other information as shall be required in the prescribed
form.
(2)
Drawings, sketches, maps and other such explanatory material
as may be required by the city agency having jurisdiction.
(3)
At the discretion of the applicant for a city permit
or the city agency initiating an action, a detailed statement of the reasons
why a proposed action may or may not have a significant effect on the environment.
B.
Where an action is proposed by an applicant for a city
permit, the applicant shall submit the application not only to the city agency
having jurisdiction but also to each city agency which is required to issue
a permit, approval, advisory report or other form of review on the application.
A.
Upon receipt of a complete application, the city agency
having jurisdiction may cause a notice to be published in a newspaper having
general circulation within the city, describing the nature of the proposed
action and stating that written views thereon of any person shall be received
by the agency no later than a date specified in such notice, which date will
allow a response period of at least ten (10) days.
B.
The city agency having jurisdiction shall render a written
determination on such application within fifteen (15) days following receipt
of a complete application, unless this period is extended by mutual agreement
of the city agency having jurisdiction and the application for a city permit
or the city agency initiating the action. The determination shall state whether
such proposed action may or may not have significant effect on the environment.
C.
The time limitations provided in this chapter shall be
coordinated with, to the extent practicable, other time limitations provided
by statute or local law, ordinances or regulations of the city.
D.
If the city agency having jurisdiction determines that,
based on the application and on the criteria set forth in Section 617.13 of
Title 6 of NYCRR, a proposed action will not have a significant effect on
the environment, that agency shall prepare, file and circulate such determination
(negative declaration), as provided in Section 617.10, Subdivision (b), of
Title 6 of NYCRR. Thereafter, the proposed action may be processed without
further regard to this chapter.
E.
If the city agency having jurisdiction determines that
the proposed action may have a significant effect on the environment, it shall
inform the applicant for a city permit or city agency initiating an action
of the determination (positive declaration) and shall prepare, file and circulate
such determination, as provided in Subdivisions (b) and (c) of Section 617.10
of Title 6 of NYCRR. Thereafter, the proposed action shall be reviewed and
processed in accordance with the provisions of this chapter and Part 617 of
Title 6 of NYCRR.
Following the determination that the proposed action may have a significant
effect on the environment, the city agency having jurisdiction shall immediately
notify the applicant for a city permit or the city agency initiating an action,
in writing, of its determination. The following procedures shall apply:
A.
Procedures for applicants for city permits. When the
action requires the issuance of a permit, approval, advisory report or other
form of review by more than one (1) agency, all involved agencies shall, to
the fullest extent possible, coordinate their environmental reviews through
a designated lead agency, to the end that all requirements are met by a single
DEIS, a single final environmental impact statement, if necessary, and, if
conducted and practicable, a single hearing process.
(1)
Upon receipt of a complete application for an action
which a city agency having jurisdiction 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. A lead agency shall be designated
within thirty (30) calendar days following the filing of a complete application.
(2)
If a question arises between, or among, two (2) or more
agencies as to which agency is the lead agency, the criteria listed in Sections
617.6 and 617.7 of Title 6 of NYCRR should be the basis for resolve.
B.
Procedures for actions initiated by city agencies. In
the case of an action initiated by a city agency, that city agency shall prepare
a DEIS and submit it to the city lead agency for review. If the city agency
initiating an action should decide not to prepare a DEIS, the city lead agency
shall submit, in writing, to the city agency initiating the action and to
the Clerk of the Common Council a recommendation that the action not be undertaken
until conformance with the DEIS requirement and all other requirements of
this chapter have been obtained.
C.
Process for all actions.
(1)
Within ten (10) days of the completion of a DEIS, a notice
of completion will be prepared, filed and circulated by the city lead agency,
as provided in Section 617.8 of Title 6 of NYCRR. The notice shall contain
the information specified in Section 617.10, Subdivision (d), of Title 6 of
NYCRR. The city lead agency may also cause a notice of completion of the DEIS
to be published in a newspaper having general circulation within the city.
(2)
Public hearing. If the city lead agency determines to
hold a public hearing on a DEIS, notice thereof shall be filed, circulated
and sent in the same manner as the notice of completion and shall be published
in a newspaper having general circulation within the city at least ten (10)
days prior to such public hearing. Such notice shall also state the place
where substantive written comments on the DEIS may be sent and the date before
which such comments shall be received. The hearing shall commence no less
than fifteen (15) nor more than sixty (60) days of the filing of the DEIS,
except where the city lead agency determines that additional time is necessary
for the public or other agency review of the DEIS, or where a different hearing
date is required under other applicable laws.
(3)
Where, on the basis of a DEIS or a public hearing, the
city lead agency determines that an action will not have a significant effect
on the environment, the proposed action may be processed without further regard
to this chapter. The determination of a significant effect shall be made within
fifteen (15) days of the submission of a complete DEIS or the completion of
the public hearing thereon.
A.
The city lead agency shall cause to be prepared by the
applicant for a city permit, or by the city agency initiating an action, an
EIS, in accordance with the provisions of Part 617 of Title 6 of NYCRR.
B.
Such EIS shall be prepared within forty-five (45) days
after the close of any hearing or within sixty (60) days after the filing
of the DEIS, whichever last occurs; provided, however, that the city lead
agency may extend this time where such is necessary to complete the statement
adequately or where problems identified with the proposed action require material
reconsideration or modification.
C.
Within ten (10) days of the submittal of a complete EIS,
the city lead agency shall prepare and file a notice of completion in the
same manner as provided in Section 617.10, Subdivision (g) of Title 6 of NYCRR
and shall send such notice to all persons to whom the notice of completion
of the DEIS was sent. Copies of the EIS shall be filed and made available
for review in the same manner as the DEIS.
D.
No decision to carry out or approve an action which has
been made the subject of an EIS shall be made until after the filing and consideration
of the EIS. A decision on whether or not to approve the action shall be made
by the city lead agency within thirty (30) days of the filing of the EIS.
If an applicant for a city permit should decide not to prepare an EIS, the
city lead agency may, in its discretion, notify the applicant that the processing
of the application will cease and that no approval will be issued. If the
city agency initiating the action should decide not to prepare an EIS, the
city agency shall submit to the city agency initiating the action and to the
Mayor of the City of Gloversville a recommendation, in writing, that the action
not be undertaken until conformance with the EIS requirements and all other
requirements of this chapter have been obtained.
E.
When the city lead agency decides to carry out or approve
an action which may have a significant effect on the environment, it shall
make the following findings in a written determination:
(1)
Consistent with social, economic and other essential
considerations from among the reasonable alternatives thereto, the action
to be carried out or approved is one which minimizes or avoids adverse environmental
effects to the maximum extent practicable, including the effects disclosed
in the relevant environmental impact statement.
(2)
Consistent with social, economic and other essential
considerations, to the maximum extent practicable, adverse environmental effects
revealed in the environmental impact statement process will be minimized or
avoided by incorporating, as conditions to the decision, those mitigative
measures which were identified as practicable:
(a)
Consistent with social, economic and other essential
considerations of state and city policy, to the maximum extent practicable,
from among the reasonable alternatives thereto, the action to be carried out
or approved is one which minimizes or avoids adverse environmental effects,
including the effects disclosed in the relevant environmental impact statements.
(b)
All practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse environmental effects.
A.
The city shall maintain files open for public inspection
of all notices of completion, draft and final environmental impact statements
and written determination prepared or caused to be prepared by a city agency.
B.
If any section of this chapter or the application thereof
to any person or circumstances shall be adjudged invalid by a court of competent
jurisdiction, such order or judgment shall be confined in its operation to
the controversy in which it was rendered and shall not affect or invalidate
the remainder of any provision of any section or the application of any part
thereof to any other person or circumstances, and, to this end, the provisions
of each section of this chapter are hereby declared to be severable.
The following fee schedule shall be applied by the city in order to
partially recover the costs of carrying out this chapter:
A.
Where a city agency is initiating an action, there shall
be no fee charged.
B.
Where a proposed action is by an applicant for a city
permit, the fees charged, not to exceed the limitations contained in Section
617.17 of Title 6 of NYCRR, shall be as follows:
(1)
When a complete application, which includes an EAF, is
submitted for review and determination to the city agency having jurisdiction,
the fee charged shall be fifteen dollars ($15.).
(2)
When a DEIS is submitted for review and determination
to a city lead agency, the fee charged shall be thirty dollars ($30.).
(3)
For actions which are found to require a public hearing
after the submission of the DEIS and the public hearing is conducted by a
city lead agency, the fee charged shall be equal to the total cost of the
newspaper notifications thereon.
(4)
When an EIS is submitted for review and determination
to a city lead agency, the fee charged shall be thirty dollars ($30.).
