[HISTORY: Adopted by the City Council of the City of Jamestown 7-11-1977.
Amendments noted where applicable.]
A.
This chapter is adopted pursuant to § 8-0113
of the Environmental Conservation Law for the purpose of implementing the
provisions of Article 8 of the Environmental Conservation Law which provides
for state environmental quality review (SEQR).
B.
The basic purpose of SEQR is to incorporate environmental
factors into the existing planning and decisionmaking processes of state,
regional and local agencies at the earliest possible time. In adopting SEQR,
it was the Legislature's intention that all agencies conduct their affairs
with an awareness that they are stewards of the air, water, land and living
resources and that they have an obligation to protect the environment for
the use and enjoyment of this and all future generations.
C.
It was the intention of the legislature that the protection
and enhancement of the environment and of human and community resources should
be given appropriate weight with social and economic considerations in public
policy and that those factors be considered together in reaching decisions
on proposed activities. Accordingly, it is the intention of these regulations
that a suitable balance of social, economic and environmental factors be incorporated
in the planning and decisionmaking processes of state, regional and local
agencies; it is not the intention of SEQR that environmental factors be the
sole consideration in decisionmaking.
D.
The SEQR process is designed to be integrated into existing
agency procedures and should not result in delays in agency planning and decisionmaking.
By eliminating existing information gaps, the SEQR process should expedite
agency decisionmaking and assist agencies in making more informed decisions.
E.
SEQR also performs the following functions:
(1)
It is an appropriate vehicle for expediting administrative
review by consolidating and coordinating existing multiple approval procedures
of public agencies which are often overlapping and sometimes fraught with
delay, thereby saving time and money. This approach will encourage the establishment,
where possible, of a one-stop permit review process.
(2)
It serves the people's right to have information about
and to participate in government planning and decisionmaking.
F.
This chapter provides a broad statewide framework for SEQR implementation. However, SEQR does not deprive any state agency or local government of its existing jurisdiction or authority. Nor does SEQR authorize the Department or any other agency to review and/or approve actions by other public agencies. Under § 135-10 of this chapter, state agencies and local governments, in recognition of their differing needs, priorities and responsibilities, shall adopt their own rules, procedures, criteria and guidelines consistent with this chapter but tailored to their individual requirements.
A.
Each agency shall establish procedures for determining whether or not an action under consideration will require an environmental impact statement on the basis of whether that action may have a significant effect on the environment and shall provide public notice of the determination in accordance with § 135-7 of this chapter. If the action under consideration involves an applicant, such determination shall be made within 15 calendar days following the filing of a complete application.
B.
Following a determination that an action under consideration may have a significant effect on the environment, the agency considering such action shall immediately notify the applicant, in writing, of its determination and, except where the action involves more than one agency, shall request the applicant to prepare a draft environmental impact statement in accordance with § 135-6 of this chapter. If the applicant declines to prepare the statement, the agency shall prepare it or cause its preparation to be undertaken. The procedures set forth in §§ 135-7 and 135-8 of this chapter shall be followed, except that:
C.
Following a determination that an action under the consideration may have a significant effect on the environment, no agency shall approve, commence or engage in such action until the National Environmental Policy Act of 1969 procedures have been followed (see § 135-3 of this chapter) or the lead agency procedures have been followed (see § 135-4 of this chapter) or the SEQR environmental impact statement and decisionmaking procedures have been followed (see §§ 135-7 and 135-8 of this chapter), whichever one of such procedures is applicable. Nothing in this chapter shall prevent an agency or an applicant from:
(1)
Conducting contemporaneous environmental engineering,
economic, feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action which do not
otherwise commit the agency to commence or engage in such action; or
(2)
Granting approval 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 applicant to commence the
action unless and until all requirements of this chapter have been fulfilled.
D.
Agencies should identify programs or categories of actions
which would most appropriately serve as the subject of a single environmental
impact statement. Broad program statements, master or area-wide statements
or statements for comprehensive plans are often appropriate to assess the
environmental effects of a number of separate actions in a given geographic
area, a chain of contemplated actions, separate actions having generic or
common impacts or programs or plans having wide application or restricting
the range of future alternative policies or projects. Such statements will
eliminate multiple sequential reviews of the same or similar actions. No further
environmental impact statements need be prepared for actions which are included
in such a statement. Agencies preparing such a statement shall develop procedures
for amending or supplementing such statements to reflect impacts which are
not addressed or adequately analyzed in such a statement as initially prepared.
Such procedures shall include provisions for informing the public and other
agencies of the preparation of such amendments or supplements and for allowing
comment thereon before incorporation of such amendments or supplements in
said statement. Actions undertaken or approved in conformity with this chapter
prior to the incorporation of such amendments shall require no further review
under this chapter.
A.
Where there has duly been prepared under the National Environmental Policy Act of 1969 both a draft environmental impact statement and a final environmental impact statement for an action under consideration, the agency shall have no obligation to prepare an environmental impact statement or make findings under this chapter with respect to the action so long as the environmental impact statements either contain or are supplemented by the item concerning growth-inducing aspects and energy use and conservation listed in § 135-6D(7) and (8) of this chapter.
B.
Where there has duly been prepared under the National
Environmental Policy Act of 1969 a negative declaration or other written threshold
determination that the action will not require a federal impact statement,
the agency shall determine whether or not the action may have a significant
effect on the environment pursuant to Article 8 of the Environmental Conservation
Law and this chapter.
A.
When an action which may have a significant effect on
the environment involves more than one agency, all involved agencies shall,
to the fullest extent possible, coordinate their environmental reviews through
a lead agency to the end that the requirements of this chapter are met by
a single draft environmental impact statement, a single final environmental
impact statement and, if conducted and practicable, a single hearing process.
In order to expedite this coordination, agencies should require applicants
to specify in their applications which other agencies, to the best of their
knowledge, will have jurisdiction by law over proposed actions.
B.
Upon receipt of a complete application for an action
which an agency 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. The designation of the lead agency shall be made within
30 calendar days following the filing of a complete application.
C.
In the case of an action involving an applicant, the
lead agency shall immediately notify the applicant, in writing, that it is
the lead agency and request the applicant to prepare a draft environmental
impact statement.
D.
If a question arises between or among two or more agencies
as to which agency is the lead agency, the agencies shall resolve the question
themselves and designate a lead agency, in writing, on the basis of the following:
(1)
The agency to first act on the proposed action.
(2)
A determination of which agency has the greatest responsibility
for supervising or approving the action as a whole.
(3)
A determination of which agency has more general governmental
powers as compared to single or limited powers or purposes.
(4)
A determination of which agency has the greatest capability
for providing the most thorough environmental assessment of the action.
(5)
A determination of whether the anticipated impacts of
the action being considered are primarily of statewide, regional or local
concern, e.g., if such impacts are primarily of local concern, the local agency
should be the lead agency.
E.
If such agencies are unable to resolve the question within
the prescribed thirty-calendar-day period, they shall submit the question,
in written form, to the Commissioner, who shall, within five business days,
on the basis of the criteria specified above, designate the lead agency.
F.
The other agencies involved in the action shall have
no further obligation under this chapter with respect to the action being
considered except:
(1)
To provide their views where appropriate and, to the
extent practical, appropriate technical analysis and support.
G.
Nothing in this chapter shall prevent an agency or an
applicant from:
(1)
Conducting contemporaneous environmental, engineering,
economic, feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action which do not
otherwise commit the agency to commence or engage in such action; or
(2)
Granting approval 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 applicant to commence the
action unless and until all requirements of this chapter have been fulfilled.
A.
Except as provided in Subsection B of this section, no environmental impact statement shall be required for actions undertaken or approved prior to the effective date(s) of Article 8 of the Environmental Conservation Law.
B.
If after the effective date(s) of Article 8 of the Environmental
Conservation Law an agency proposes to modify an action undertaken or approved
prior to such date(s), such modification shall be an action fully subject
to this chapter.
A.
Environmental impact statements should be clearly written in a brief and concise manner capable of being read and understood by the public. Within the framework presented in Subsection D of this section, such statements should deal only with the specific significant environmental impacts which can be reasonably anticipated. They should not contain more detail than is appropriate, considering the nature and magnitude of the proposed action, the significance of its potential impacts and the existing resources and capability of the agency responsible for the statement.
B.
All draft and final environmental impact statements shall
be preceded by a cover sheet stating the following:
(1)
Whether it is a draft or final.
(2)
The name or other descriptive title of the action.
(3)
The location (county and town, village or city) of the
action.
(4)
The name and address of the agency which required its
preparation, and the name and telephone number of a person at the agency to
be contacted for further information.
(5)
Identification of individuals or organizations which
prepared any portion of the statement.
(6)
The date of its completion.
C.
If a draft or final environmental impact statement exceeds
10 pages in length, it shall have a table of contents following the cover
sheet.
D.
The body of all draft and final environmental impact
statements shall at least contain the following:
(1)
A description of the proposed action and its environmental
setting.
(2)
A statement of the environmental impact of the proposed
action, including its short- and long-term effects and typical associated
environmental effects.
(3)
An identification of any adverse environmental effect
which cannot be avoided if the proposed action is implemented.
(4)
A discussion of alternatives to the proposed action and
the comparable impacts and effects of such alternatives.
(5)
An identification of any irreversible and irretrievable
commitments of resources which would be involved in the proposed action should
it be implemented.
(6)
A description of mitigation measures proposed to minimize
the adverse environmental impacts.
(7)
A description of any growth-inducing aspects of the proposed
action.
(8)
A discussion of the effects of the proposed action on
the use and conservation of energy.
(9)
A list of any underlying studies, reports and other information
obtained and considered by the agency in preparing the statement.
(10)
For final only, copies or a summary of the substantive
comments received in response to the draft environmental impact statement
and the agency's response to such comments.
E.
An environmental impact statement may incorporate by
reference all or portions of other documents which contain information relevant
to the statement. The referenced document shall be made available to the public
in the same places where the agency makes available copies of the statement.
When a statement uses incorporation by reference, the referenced document
shall be briefly described and its date of preparation provided.
A.
An environmental impact statement represents a mechanism
which aids agencies in giving meaningful consideration to environmental factors
and facilitates the weighing of social, economic and environmental issues
in planning and decisionmaking. Therefore, the preparation of such statements
should be integrated into existing agency decisionmaking processes and occur
at the same time as other agency reviews are being undertaken. Since the environmental
impact review process is not a separate procedure to be added at the end of
existing procedures, it should not extend the time required for agency decisionmaking.
B.
When an action under consideration by an agency is not an exempt action, a ministerial action, an action listed as a Type II action in § 135-12 or on the agency's own list of actions found not to have a significant effect on the environment, such agency, upon determining whether the action may or will not have a significant effect on the environment, shall immediately file such determination as follows: with the appropriate regional office of the Department; and with the Commissioner; and in the case of a local agency, board, district, commission or governing body, city, county or other political subdivision of the state, in the office of the Municipal Clerk whose jurisdiction most closely corresponds with the agency; or, in the case of a state department, agency, board, public-benefit corporation, public authority or commission, in the main office of such agency. In addition, individual agency procedures shall provide for further public notice of determinations as shall afford the opportunity for public response by such means as up-to-date files in agency offices, signboards or other appropriate means.
C.
Where the action under consideration involves an applicant,
the agency may require the applicant to submit an environmental impact report
to assist the agency in carrying out its responsibility under this chapter
or may request the applicant to prepare the environmental impact statements
required by this chapter. An agency may request additional data and information
from an applicant or other sources at any time it determines they are needed
to comply adequately with SEQR. Notwithstanding any use of outside sources
and work, agencies shall make their own independent judgment of an environmental
impact statement and shall take responsibility for its scope, contents and
adequacy.
D.
Each agency which requests an applicant to prepare or
prepares a draft environmental impact statement shall, upon its completion,
issue a notice of completion containing the following:
(1)
A brief description of the action covered by the statement
and the location of its potential impacts and effects.
(2)
A statement indicating where and how copies of the statement
can be obtained from the agency.
(3)
A statement that comments on the statement are requested and will be received and considered by the agency at a given address for a period not less than 30 calendar days from the first filing and circulation of the notice of completion pursuant to Subsections D and E of this section or not less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered.
E.
The notice of completion shall be sent to all other agencies
involved in the action, persons who have requested it, the editor of the State
Bulletin, the state clearinghouse and the relevant regional clearinghouse
designated under Federal Office of Management and Budget Circular A-95. Each
agency shall maintain a file open to public inspection of notices of completion
and draft environmental impact statements it has requested an applicant to
prepare or has prepared.
F.
For public information purposes, copies of the draft
environmental impact statement and notice of completion shall immediately
be filed as follows:
G.
Each agency which requests an applicant to prepare or
prepares a draft environmental impact statement shall, upon its completion,
determine whether or not to conduct a public hearing concerning the action.
In determining whether or not to hold a hearing, each agency should consider
the degree of interest shown by other persons in the action and the extent
to which a public hearing can aid in agency decisionmaking processes by providing
a forum for or an efficient mechanism for the collection of public comment.
(1)
If a hearing is to be held, notice thereof may be contained in the notice of completion or, if not so contained, shall be given in the same manner in which the notice of completion is sent, filed and circulated pursuant to Subsections D and E of this section. In either case, the notice of hearing shall also be published at least 10 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the action.
(2)
The hearing shall commence not less than 15 calendar days nor more than 60 calendar days after the filing of the draft environmental impact statement pursuant to Subsection F of this section, except as the agency may otherwise provide where it determines that additional time is necessary for public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under applicable law. When a SEQR hearing is to be held, it shall be incorporated into existing hearing procedures.
H.
Except as provided in Subsection H(1) and (2) below, the lead agency shall prepare or cause to be prepared a final environmental impact statement within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft environmental impact statement, whichever last occurs.
(1)
If the proposed action has been withdrawn or if, on the
basis of the draft environmental impact statement or hearing, the agency has
determined that the action will not have a significant effect on the environment,
no final environmental impact statement need be prepared.
(2)
The agency may extend the last date for preparation of
the final environmental impact statement:
(3)
The final environmental impact statement shall reflect
a revision and updating of the matters contained in the draft environmental
impact statement in the light of further agency review, comments received
and the record of any hearing.
I.
Copies of the final environmental impact statement shall
be filed and made available for review in the same manner as the draft environmental
impact statement. A notice of completion of the final environmental impact
statement shall be sent to all persons to whom the notice of completion of
the draft environmental impact statement was sent. Each agency shall maintain
a file open to public inspection of notices of completion and draft and final
environmental impact statements it has requested or prepared.
A.
No decision to carry out or approve an action which may
have a significant effect on the environment shall be made until after the
filing and consideration of a final environmental impact statement. The lead
agency's decision whether or not to approve an action which has been the subject
of an environmental impact statement shall be made within 30 calendar days
of the filing of a final environmental impact statement.
B.
When an 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
consideration of state policy, 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 possible, including the
effects disclosed in the relevant environmental impact statement.
(2)
Consistent with social, economic and other essential
considerations of state policy, all practicable means will be taken in carrying
out or approving the action to minimize or avoid adverse environmental effects.
C.
For public information purposes, a copy of the determination
shall be filed immediately in the same manner as the draft environmental impact
statement. Each agency shall maintain a file open to public inspection of
notices of determinations prepared by it.
A.
An action may have significant effect on the environment
if it can reasonably be expected to lead to one of the following consequences:
(1)
A substantial adverse change to ambient air or water
quality or noise levels or in solid waste production, drainage, erosion or
flooding (example: reactivation of a heavy manufacturing plant).
(2)
The removal or destruction of large quantities of vegetation
or fauna, the substantial interference with the movement of any resident or
migratory fish or wildlife species, impacts on critical habitat areas or the
substantial affecting of a rare or endangered species of animal or plant or
the habitat of such a species (example: clear-cutting of a forested mountainside).
(3)
The encouraging or attracting of a large number of people
to a place or places for more than a few days relative to the number of people
who would come to such place absent the action (example: acquisition of a
large private lake for use as a public park).
(4)
The creation of a material conflict with a community's
existing plans or goals as officially approved or adopted (example: construction
of a jail in an area zoned by the local municipality for single-family residential
use).
(5)
The impairment of the character or quality of important
historical, archaeological, architectural or aesthetic resources or of existing
community or neighborhood character (example: demolition of a historical landmark
listed in the Statewide Inventory of Historical and Cultural Resources).
(6)
A major change in the use of either the quantity or type
of energy (example: an agency decision to centrally air-condition all its
existing public buildings).
(7)
The creation of a hazard to human health or safety (example:
the manufacture or disposal by an agency of toxic substances).
(8)
A substantial change in the use or intensity of use of land or other natural resources or in their capacity to support existing uses, except where such a change has been included, referred to or implicit in a broad statement prepared pursuant to § 135-2D of this chapter (example: construction of an airport).
(9)
The creation of a material demand for other actions which
would result in one of the above consequences.
(10)
Changes in two or more elements of the environment, no
one of which is substantial, but when taken together result in a material
change in the environment.
B.
For the purpose of determining whether an action will cause one of the foregoing consequences, the action shall be deemed to include other contemporaneous or subsequent actions which are included in any long-range comprehensive integrated plan of which the action under consideration is a part, which are likely to be undertaken as a result thereof or which are dependent thereon. The significance of a likely consequence (i.e., whether it is material, substantial, large, important, etc.) should be assessed in connection with its setting (i.e., urban or rural), its probability of occurring, its duration, its irreversibility, its controllability, its geographic scope and its magnitude (i.e., the degree of change or its absolute size). Section 135-12 of this chapter contains lists of actions which are likely to have a significant effect on the environment and lists of actions which the Commissioner has found not to have a significant effect on the environment.
A.
All agencies shall, consistent with the provisions of
Article 8 of the Environmental Conservation Law, after public hearing, adopt
and publish such additional procedures as may be necessary for the implementation
by them of this chapter. This may be accomplished by the use of uniform procedures
or adoption by reference of procedures applicable to other agencies.
B.
Individual agencies are encouraged to develop their own criteria consistent with § 135-9 of this chapter and their own classification system, whether or not in the form of § 135-12 of this chapter, to cover the particular actions engaged in or reviewed by them. Such criteria and classification systems shall be no less protective of environmental values than this chapter. Individual agencies are also encouraged to develop a classification of actions which are ministerial actions and criteria for determining when actions are or are not ministerial.
C.
The procedures prescribed under this chapter shall, to
the greatest extent practicable, be incorporated in and integrated with existing
agency procedures, and variance in form alone shall constitute no objection
thereto. Such individual agency procedures, however, shall be no less protective
of environmental values, public participation and agency and judicial review
than the procedures set forth in this chapter.
D.
Upon the written request of any person, the Commissioner shall review and determine whether any action contained in an agency's own list or classification system similar to § 135-12 is consistent with the criteria of § 135-9 and the actions listed in § 135-12 of this chapter. The Commissioner shall give written notification of the determination to such persons and the agency within 30 days of receipt of a request.
E.
Such agency procedures shall provide for interagency
working relationships in cases where actions typically involve more than one
agency, liaison with the public, public notice requirements, provision for
public comment and such other procedures as may be required to effect the
efficient and expeditious administration of this chapter. Procedures for administrative
review of agency decision may also be incorporated in agency rules.
F.
All agencies shall review their present statutory authority,
administrative regulations and current policies and procedures for the purpose
of determining whether there are any deficiencies or inconsistencies therein
which prohibit or impede full compliance with this chapter. Agencies should
examine time limits or schedules for actions, hearing procedures, public notice
provisions, standards for agency action which limit or exclude environmental
factors, provisions for environmental data gathering, provisions for public
participation in the decisionmaking process and procedures for and methods
of reviewing environmental impact. By January 1, 1977, agencies shall recommend
or effect such measures as may be necessary to bring their authority and policies
into conformity with this chapter, including statutory changes, amendments
to administrative regulations, new standard forms, revised instructions and
procedural guidelines and improved personnel training.
G.
Each agency shall maintain a file open to public inspection
containing a list of all environmental impact statements prepared or under
preparation by or at the request of such agency.
A.
Where an action subject to this chapter involves an applicant,
the agency responsible for environmental impact statements may charge a fee,
not to exceed 1/2 of 1% of the action's total cost, to the applicant
in order to recover the costs of preparing and reviewing environmental impact
statements.
A.
The purpose of this section is to simplify the task of determining whether or not a proposed action may have a significant effect on the environment by identifying for agencies actions or classes of actions that are likely to have a significant effect and those that will not have a significant effect. Because of the complex and varied nature of agency actions, the lists in this section are not all-inclusive. The omission from the lists of an action does not mean that it is exempt from this chapter, nor does it mean that it is automatically an action requiring environmental impact statement preparation. The criteria set forth in § 135-9 of this chapter and criteria included in agency procedures under § 135-10 of this chapter shall be used to determine significance with respect to actions not listed in this section.
(1)
The following classification system is used in this section:
(a)
Type I: Actions or classes of actions that are likely
to require preparation of environmental impact statements because they will
in almost every instance have a significant effect on the environment.
(b)
Type II: Actions or classes of actions which have been
determined not to have a significant effect on the environment and which do
not require environmental impact statements under this chapter.
(2)
This chapter does not apply to actions by private persons
where no nonministerial agency action is involved. The following lists are
intended to cover only actions of agencies or actions which must be approved,
funded or otherwise acted upon by an agency.
B.
Type I.
(1)
Type I actions or classes of actions are likely to, but
will not necessarily, require preparation of environmental impact statements
because they will in almost every instance have a significant effect on the
environment.
(2)
The following are Type I actions or classes of actions:
(a)
The construction of new (or expansion by more than 50%
of existing size, square footage or usage of existing):
[1]
Airports.
[2]
Public institutions, such as hospitals, schools and institutions
of higher learning and correction facilities and major office centers.
[3]
Road or highway sections, including bridges, which require
an indirect source permit under 6 NYCRR 203.
[4]
Parking facilities or other facilities with an associated
parking area for 250 or more cars, only if such facility would require an
indirect source permit under 6 NYCRR 203.
[5]
Dams with a downstream hazard of C classification under
Environmental Conservation Law (ECL) § 15-0503.
[6]
Stationary combustion installations operating at a total
heating input exceeding one thousand million (1,000,000,000) Btu's per hour.
[7]
Chemical pulp mills.
[8]
Portland cement plants.
[9]
Iron and steel plants.
[10]
Primary aluminum one reduction plants.
[11]
Incinerators operating at a refuse-charging rate exceeding
250 tons of refuse per twenty-four-hour day.
[12]
Sulfuric acid plants.
[13]
Petroleum refineries.
[14]
Lime plants.
[15]
By-product coke manufacturing plants.
[16]
Storage facilities designed for or capable of storing
1,000,000 or more gallons of liquid natural gas, liquid petroleum gas or other
liquid fuels.
[17]
Sulfur recovery plants.
[18]
Fuel conversion plants.
[19]
Process, exhaust and/or ventilation systems emitting
air contaminants assigned an environmental rating of A under 6 NYCRR 212 and
whose total emission rate of such A contaminants exceeds one pound per hour.
[20]
Process, exhaust and/or ventilation systems from which
the total emission rate of all air contaminants exceeds 50 tons per day.
[21]
Sanitary landfills for an excess of 100,000 cubic yards
per year of waste fill.
[22]
Any facilities, developments or projects which are to
be directly located in one of the following critical areas:
[23]
Any facilities, developments or projects having an adverse
impact on any historic or prehistoric building, structure or site listed on
the National Register of Historic Places or in the Statewide Inventory of
Historical and Cultural Resources.
[24]
Any developments, projects or permanent facilities of
a nonagricultural use in an agricultural district which requires a permit,
except those listed as Type II actions.
[25]
Any facilities, developments or projects which would
generate more than 5,000 vehicle trips per any hour or more than 25,000 vehicle
trips per any eight-hour period.
[26]
Any facilities, developments or projects which would
use ground- or surface water in excess of 2,000,000 gallons in any day.
[27]
Any industrial facilities which have a yearly average
discharge flow, based on days of discharge, of greater than 0.5 million gallons
per day.
[28]
Any publicly or privately owned sewage treatment works
which have an average daily design flow of more than 0.5 million gallons per
day.
[29]
Residential developments outside any standard metropolitan
statistical area as defined by the United States Census Bureau that include
50 or more units in an unsewered area of 250 or more units in a sewered area
or within a standard metropolitan statistical area that include 50 or more
units in an unsewered area or 2,500 or more units in a sewered area.
[30]
Lakes or other bodies of water with a water surface in
excess of 200 acres.
(b)
Any funding, licensing or planning activities in respect of any of the types of construction listed in Subsection B(2)(a) above.
(c)
Application of pesticides or herbicides over more than
1,500 contiguous acres.
(d)
The clear-cutting of 640 or more contiguous acres of
forest cover or vegetation other than crops.
(e)
The proposed adoption of comprehensive land use plans,
zoning ordinances, building codes, comprehensive solid waste plans, state
and regional transportation plans, water resource basin plans, comprehensive
water quality studies, area-wide wastewater treatment plans, state environmental
plans, local floodplain control plans and the like.
(f)
The commercial burial of radioactive materials requiring
a permit under 6 NYCRR 380.
(g)
Any action which will result in excessive or unusual
noise or vibration, taking into consideration the volume, intensity, pitch,
time duration and the appropriate land uses for both the source and the recipient
of such noise or vibration.
(h)
The acquisition or sale by a public agency of more than
250 contiguous acres of land.
C.
Type II.
(1)
Type II actions or classes of actions have been determined
not to have a significant effect on the environment and do not require environmental
impact statements under this chapter.
(2)
The following are Type II actions or classes of actions:
(a)
The construction or alteration of single- or two-family
residences and accessory appurtenant uses or structures not in conjunction
with the construction or alteration of two or more such residences and not
in one of the critical areas described in this section for Type I actions.
(b)
The extension of utility facilities to serve new or altered
single- or two-family residential structures or to render service in approved
subdivisions.
(c)
The construction or alteration of stores, offices or
restaurants designed for an occupant load of 20 persons or fewer, if not in
conjunction with the construction or alteration of two or more stores, offices
or restaurants and if not in one of the critical areas described in this chapter
for Type I actions and the construction of utility facilities to serve such
establishments.
(d)
Actions involving individual setback and lot line variances
and the like.
(e)
Agricultural farm management practices, including the
construction, maintenance and repair of farm buildings and structures and
land use changes consistent with generally accepted principles of farming.
(f)
The operation, repair, maintenance or minor alteration
of existing structures, land uses and equipment.
(g)
The restoration or reconstruction of structures, in whole
or in part, being increased or expanded by less than 50% of their existing
size, square footage or usage.
(h)
The repaving of existing highways not involving the addition
of new travel lanes.
(i)
Street openings for the purpose of repair or maintenance
of existing utility facilities.
(j)
The installation of traffic control devices on existing
streets, roads and highways, other than multiple fixtures on long stretches.
(k)
The mapping of existing roads, streets, highways, uses,
ownership patterns and the like.
(l)
Regulatory activities not involving construction or changed
land use relating to one individual, business, institution or facilities such
as inspectors, testing, operating certification or licensing and the like.
(m)
Sales of surplus government property, other than land,
radioactive material, pesticides, herbicides or other hazardous materials.
(n)
Collective bargaining activities.
(o)
Operating, expense or executive budget planning, preparation
and adoption not involving new programs or major reordering of priorities.
(p)
Investments by or on behalf of agencies or pension or
retirement systems.
(q)
Actions which are immediately necessary for the protection
or preservation of life, health, property or natural resources.
(r)
The routine administration and management of agency functions,
not including new programs or major reordering of priorities.
(s)
Routine license and permit renewals where there is no
significant change in preexisting conditions.
(t)
Routine activities of educational institutions which
do not include capital construction.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
Any activity of an agency, except an exempt action as defined in
this chapter, including, without limitation:
Physical activities, such as construction or other activities which
change the use or appearance of any natural resource or a structure.
Funding activities, such as the proposing, approval or disapproval of
contracts, grants, subsidies, loans, tax abatements or exemptions or other
forms of direct or indirect financial assistance.
Licensing activities, such as the proposing, approval or disapproval
of a lease, permit, license, certificate or other entitlement for use or permission
to act.
Planning activities, such as site selection for other activities and
the proposing, approval or disapproval of master or long-range plans, zoning
or other land use maps, ordinances or regulations, development plans or other
plans designed to provide a program for future activities.
Policy-making activities, such as the making, modification or establishment
of rules, regulations, procedures, policies and guidelines.
Any state department, agency, board, public benefit corporation,
public authority or commission or any local agency, including any village,
town, city, county, board, district, commission, governing body and other
political subdivision of the state.
Any person making an application or other request for agency action.
The Commissioner of Environmental Conservation.
The Department of Environmental Conservation.
The physical conditions which will be affected by a proposed action,
including land, air, water, minerals, flora, fauna, noise, objects of historic
or aesthetic significance, existing patterns of population concentration,
distribution or growth and existing community or neighborhood character.
A written document prepared in accordance with § 135-6 of this chapter. An environmental impact statement may either be a draft or be final.
Any one of the following:
Enforcement or criminal proceedings, or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings.
Ministerial actions.
Maintenance or repair involving no substantial changes in an existing
structure or facility.
With respect to the requirements of Subdivision 2 of § 8-0109
of Article 8 of the Environmental Conservation Law, actions requiring a certificate
of environmental compatibility and public need under Articles VII and VIII
of the Public Service Law and the consideration of, grant or denial of any
such certificate.
With respect to the requirements of Subdivision 2 of § 8-0109
of Article 8 of the Environmental Conservation Law, 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, including actions of such local governments thereunder.
Except as set forth in § 135-5 of this chapter, actions undertaken or approved prior to June 1, 1976. An action shall be deemed to be undertaken or approved prior to June 1, 1976, if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
Actions which are immediately necessary on a limited emergency basis
for the protection or preservation of life, health, property or natural resources.
Actions of the Legislature of the State of New York or of any court.
An action performed upon a given state of facts in a prescribed manner
imposed by law without the exercise of any judgment or discretion as to the
propriety of the action, such as the grant of a driver's license, although
such law may require, in some degree, a construction of its language or intent.
Any agency, individual, corporation, governmental entity, partnership,
association, trustee or other legal entity.
Changes in one or more natural resources which usually occur because
of impacts on other such resources as a result of natural interrelationships
or cycles. For example, the diminution of a predator population is typically
associated with the increase in a pray population.
A.
June 1, 1977: Type I actions (designated in § 135-12 as likely to require an environmental impact statement) which are directly undertaken by local governments and Type I actions which are funded by state agencies are subject to the law's requirements.
B.
September 1, 1977: Type I actions requiring a license
or permit from state or local government and Type I actions which are funded
by local government will be subject to the law's requirements.
C.
September 1, 1978: All other actions.
A.
Direct actions of local government. Not later than September
1, 1977, lists of Type I actions directly undertaken by local government are
to be compiled locally and submitted to the chief fiscal officer of the local
government, who will certify (within 30 days) that substantial time, work
or money has been expended on the project prior to June 1, 1977. Lists of
these actions, which will not be subject to the requirements of an environmental
impact statement, are to be available for public inspection. Not later than
September 1, 1978, the same procedure is to be followed for non-Type I actions
directly undertaken by local governments.
B.
Actions funded by local government. The same procedure
shall be used for locally funded projects, with the lists to be submitted
by November 1, 1977.
C.
Actions requiring a license or permit. Actions which
have received final approval (as defined in the amendment) will not be subject
to the law's requirements:
(1)
In the case of the subdivision of land, an action in
the nature of a conditional approval of a preliminary or final plat as that
term is defined in § 276 of the Town Law, and an action in the nature
of an approval of a preliminary plat with or without modification as defined
in § 7-728 of the Village Law and § 32 of the General
City Law.
(2)
In the case of a site plan, special use, conditional
use, exception, variance or similar special authorization, an action in the
nature of an approval with or without conditions or modifications by the appropriate
local body, such as a legislative body, the Board of Appeals or the Planning
Board.
(3)
In the case of all such actions requiring a permit or
authorization from a state or local agency, the granting of each such permit
or authorization.
The amendment provides that agencies may vary the times established
in SEQR in order to completely integrate the environmental impact statement
process with established review times, so long as reasonable time is provided
for preparation and public review and hearing, when appropriate, of the draft
impact statement.
