[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:
A.
Actions listed in Section 617.12 under the heading
Type I;
[Added 6-2-1986 by L.L. No. 3-1986]
B.
Significant changes to existing or the development
of new, flood control projects and facilities; and
C.
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.
A.
Actions (ordinary);
B.
Actions listed in Section 617.13 under the heading
Type II;
C.
Replacement of equipment, except replacement with
equipment that the City knows is environmentally unacceptable;
D.
Continuation without substantial change of any operating
activity engaged in by the City immediately prior to the effective
date of SEQRA;
E.
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;
F.
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;
H.
Demolition of a structure or facility, except one
designated for historic preservation; and
I.
Minor changes in zoning regulations or zoning districts.
A.
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.
B.
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.
C.
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.
