[HISTORY: Adopted by the Council of the City of Schenectady 3-28-1977 by Ord. No. 77-13. Amendments noted where applicable.]
Section 8-0113, Subdivision 3, of the State Environmental Quality Review Act (SEQRA) requires the City to adopt additional procedures necessary for implementation of SEQRA consistent with the rules and regulations adopted by the Commissioner of the Department of Environmental Conservation of the State of New York. The rules and regulations so adopted are Part 617 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Part 617). The purpose of this chapter is to comply with § 8-0113.3 of SEQRA.
Since this chapter is designed solely to adopt additional procedures in implementation of SEQRA and Part 617 it will be necessary to have SEQRA and Part 617 at hand when using this chapter.
The definitions contained in § 8-0105 of SEQRA and Section 617.13 of Part 617 are accepted for this chapter, except the definition of "actions." For the purpose of this chapter, "action (SEQRA)" means an action as defined in SEQRA, "action (Part 617)" means an action as defined in Part 617, and "action (ordinary)" means an action which is excluded from the definition of "action (SEQRA)," or is an exempt action under Part 617; and, any action taken by or on behalf of the City which is preliminary, tentative, peripheral or in any event does not in and of itself legally commit the City to do or permit somebody to do something which might require an environmental impact statement before that something was done. The word "action," without a parenthetical qualification, has a normal dictionary meaning. "City" means the City of Schenectady.
The following are considered Type I actions under Section 617.12 of Part 617:
Actions listed in Section 617.12 under the heading Type I;
[Added 6-2-1986 by L.L. No. 3-1986]
Significant changes to existing or the development of new, flood control projects and facilities; and
Construction of a new, or increase in size by more than 50% of an existing, structure in the Federal Insurance Administration special flood hazard area of the City.
[Amended 6-2-1986 by L.L. No. 3-1986]
The following are considered Type II actions.
Actions listed in Section 617.13 under the heading Type II;
Replacement of equipment, except replacement with equipment that the City knows is environmentally unacceptable;
Continuation without substantial change of any operating activity engaged in by the City immediately prior to the effective date of SEQRA;
An activity engaged in by the City in accordance with a state law (other than SEQRA) or a state regulation (other than Part 617) requiring the City to act, regulating the way in which the City may act, or setting standards within which the City is permitted to act, except to the extent that the Commissioner of the Department of Environmental Conservation or the state agency responsible for the administration of the state law or regulation specifically determines that the activity may be a Type I action and issues regulations guiding local governments in carrying out the activity required, regulated or permitted by the state law or regulation;
An action (SEQRA) or an action (Part 617) which is comparable to an action (SEQRA) or an action (Part 617) of a state agency if that agency in its regulations issued under § 80113.3 of SEQRA has listed the action as Type II;
Demolition of a structure or facility, except one designated for historic preservation; and
Minor changes in zoning regulations or zoning districts.
For the purpose of carrying out the duties imposed on the City by SEQRA and Part 617, there is hereby established the S.E.Q.R. Task Force consisting of a representative chosen from and by the head of the Department of Engineering, Department of Water, Bureau of Code Enforcement, Bureau of Planning and Environmental Conservation Commission.
The Task Force shall perform all duties required of the City by SEQRA and Part 617, except for the requirement that this chapter be passed and the setting of fees authorized by SEQRA and Part 617.
The Task Force shall issue such rules and regulations as it finds necessary for the performance of its duties, but the rules and regulations may not take effect until approved by the City Council.