City of Lockport, NY Chapter 92 Environmental Quality Review

[HISTORY: Adopted by the Common Council of the City of Lockport 3-30-1977 as L.L. No. 2-1977. Amendments noted where applicable.]

§ 92-1 Definitions.

A. Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meaning as those defined in § 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.

B. As used in this chapter, the following terms shall have the meanings indicated:

CITY

The City of Lockport.

§ 92-2 Certain actions restricted.

No decision to carry out or approve an action, other than an action listed pursuant to § 92-3 hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action, shall be made by the City of Lockport or by any department, board, commission, officer or employee of the City until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that nothing herein shall be construed as prohibiting:

A. 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.

B. 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 applicant to commence the action until all requirements of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations have been fulfilled.

§ 92-3 Posting of additional actions.

Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, in addition to those actions listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I or Type II actions, a further list of Type I actions deemed to have a significant effect on the environment and Type II actions deemed not likely to have a significant effect on the environment shall be posted in the Building Inspection Department, Municipal Building, Lockport, New York, for public inspection.

§ 92-4 Filing of statement by applicant.

For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the Conservation Advisory Council of the City of Lockport, setting forth the name of the applicant; the location of the real property affected, if any; a description of the nature of the proposed action; and the effect it may have on the environment. In addition, applicants may include a detailed statement of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement provided herein shall be upon a form prescribed by resolution by the Conservation Advisory Council and shall contain such additional relevant information as shall be required in the prescribed form. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Conservation Advisory Council.

§ 92-5 Posting of notice of proposed action.

Upon receipt of a complete application and a statement, the Conservation Advisory Council shall cause a notice thereof to be posted on the signboard, if any, of the City maintained by the City and may also cause such notice to be published in the official newspaper of the City, describing the nature of the proposed action and stating that written views thereon of any person shall be received by the Conservation Advisory Council no later than a date specified in such notice.

§ 92-6 Time limitation for determination on application.

A. The Conservation Advisory Council shall render a written determination on such application within 15 days following receipt of a complete application and statement; provided, however, that such period may be extended by mutual agreement of the applicant and the Conservation Advisory Council. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Conservation Advisory Council may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination on the application.

B. The time limitations provided in this chapter shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the City.

§ 92-7 Fees.

A. Every application for determination under this chapter shall be accompanied by a reasonable fee, set forth in this section, to defray the expenses incurred in rendering such determination.

B. The fee shall be as follows: All applications shall be accompanied by a fee of 1/10 of 1% of the total cost to the applicant of the proposed action plus any actual expenses incurred in making any determination hereunder. This fee schedule 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.

§ 92-8 Preparation, filing and circulation of determination.

If the Conservation Advisory Council determines that the proposed action is not an exempt action, not a Type II action listed pursuant to § 92-3 hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as a Type II action and that it will not have a significant effect on the environment, the Conservation Advisory Council shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations and thereafter the proposed action may be processed without further regard to this chapter. If the Conservation Advisory Council determines that the proposed action may have a significant effect on the environment, the Conservation Advisory Council shall prepare, file and circulate such determination as provided in Section 617.7(b) of Title 6 of the New York Codes, Rules and Regulations, and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.

§ 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.

§ 92-10 Involvement of more than one agency.

Where more than one agency is involved in an action, the procedures of Sections 617.4 and 617.8 of Part 617 of Title 6 of the New York Codes, Rules and Regulations shall be followed.

§ 92-11 Actions approved prior to chapter.

Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for local agencies shall be exempt from this chapter and the provisions of Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations; provided, however, that if, after such dates, action undertaken or approved prior to those dates is modified and the Conservation Advisory Council determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this chapter and Part 617 of Title 6 of the New York Codes, Rules and Regulations.