City of North Tonawanda, NY
Niagara County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by Common Council of City of North Tonawanda: Article I, 4-19-1977 as L.L. No. 1-1977; Article II, 2-16-1988 as L.L. No. 1-1988. Amendments noted where applicable.]
[Adopted 4-19-1977 as L.L. No. 1-1977]

§ 37-1 Definitions.

A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this local law 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. 
"City" shall mean the City of North Tonawanda.

§ 37-2 Compliance with regulations; exceptions.

No decision to carry out or approve an action other than an action listed in § 37-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type II actions shall be made by the Common Council or by any department, board, commission, officer or employee of the city until there has been full compliance with all requirements of this local law 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 local law and Part 617 of Title 6 of the New York Codes, Rules and Regulations have been fulfilled.

§ 37-3 (Reserved)

§ 37-4 Statement regarding effect of proposed action.

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 City Engineer 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 City Engineer 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 City Engineer.

§ 37-5 Public notice of proposed action.

Upon receipt of a complete application and a statement, the City Engineer shall cause a notice thereof to be posted on the signboard 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 City Engineer no later than a date specified in such notice.

§ 37-6 Time limit for determination on application.

A. 
The City Engineer 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 City Engineer. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The City Engineer may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding him in making a determination on the application.
B. 
The time limitations provided in this local law shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance or regulation of the city.

§ 37-7 Fee.

Every application for determination under this local law shall be accompanied by a reasonable fee as determined by resolution of the Common Council of the city, said fee to be paid to the City Treasurer simultaneously with the filing of the application for determination.

§ 37-8 Manner of processing proposed actions.

A. 
If the City Engineer determines that the proposed action is not an exempt action nor an action listed in § 37-3B 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 City Engineer 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 local law.
B. 
If the City Engineer determines that the proposed action may have a significant effect on the environment, the City Engineer 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 local law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.

§ 37-9 Preparation of draft environmental impact statement.

A. 
Following a determination that a proposed action may have a significant effect on the environment, the City Engineer shall, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations:
(1) 
In case of an action involving an applicant, immediately notify the applicant of the determination and shall request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement.
(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 City Engineer shall prepare or cause to be prepared the draft environmental impact statement or, in his discretion, notify the applicant that the processing of the application will cease and that no approval will be issued.
C. 
The City Engineer may require an applicant to submit a fee, to defray the expense to the city of preparing a draft environmental impact statement or reviewing the same if it is prepared by the applicant, as determined by resolution of the Common Council of the city.

§ 37-10 Notice of completion and public hearing for draft environmental impact statement.

A. 
Upon completion of a draft environmental impact statement prepared by or at the request of the city, a notice of completion containing the information specified in Section 617.7(d) of Title 6 of the New York Codes, Rules and Regulations shall be prepared, filed and circulated as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations. In addition, it shall be published in the official newspaper of the city and a copy thereof shall also be posted on a signboard of the city. Copies of the draft environmental impact statement and the notice of completion shall be filed, sent and made available as provided in Section 617.7(e) and (f) of Title 6 of the New York Codes, Rules and Regulations.
B. 
If the City Engineer determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the notice of completion and shall be published in the official newspaper of the city at least 10 days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence within not less than 15 calendar days nor more than 60 calendar days of the filing of the draft environmental impact statement, except as otherwise provided where the City Engineer determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other applicable law.

§ 37-11 Processing of actions not affecting environment.

If, on the basis of a draft environmental impact statement or a public hearing thereon, the City Engineer determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this local law.

§ 37-12 Preparation of final environmental impact statement.

Except as otherwise provided herein, the City Engineer shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 of the New York Code, Rules and Regulations, provided further that if the action involves an application, the City Engineer may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environmental impact statement, whichever last occurs; provided, however, that the City Engineer may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Where the action involves an application, such final environmental impact statement shall be accompanied by a fee as determined by resolution of the Common Council to defray the expenses of the city in preparing and/or evaluating the same.

§ 37-13 Notice of completion for final environmental impact statement.

A notice of completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in § 37-10 herein and shall be sent to all persons to whom the notice of completion of the draft environmental impact statement was sent. 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.

§ 37-14 Procedure for approving actions; time limit for decisions.

No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the City Engineer or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the city has been the lead agency for an action, it shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement.

§ 37-15 Written determination of findings; filing.

A. 
When the City Engineer decides to carry out or approve an action which may have a significant effect on the environment, he shall make the following findings in a written determination:
(1) 
Consistent with social, economic and other essential considerations of state 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 relevant environmental impact statements.
(2) 
All practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.
B. 
For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 of the New York Code, Rules and Regulations.

§ 37-16 Maintenance of files for public inspection.

The city shall maintain files open for public inspection of all notices of completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by the City Engineer.

§ 37-17 Actions involving 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.

§ 37-18 Exemption of actions undertaken prior to certain dates; modification of actions.

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 local law 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, such action is modified, and the City Engineer determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this local law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.

§ 37-19 When effective.

This local law shall take effect immediately upon filing with the Secretary of State.
[Adopted 2-16-1988 as L.L. No. 1-1988]

§ 37-20 Title.

This local law shall be known and may be cited as the "City of North Tonawanda LWRP Consistency Law."

§ 37-21 Purpose.

The purpose of this local law is to provide for the protection and beneficial use of the natural and man-made resources within the waterfront area of the City of North tonawanda by ensuring that certain actions to be undertaken, approved or funded by city agencies will be undertaken in a manner consistent with the policies and purposes of the City of North Tonawanda Local Waterfront Revitalization Program.

§ 37-22 Authority.

This law is adopted under the authority of the Municipal Home Rule Law and Article 42 of the Executive Law.

§ 37-23 Applicability.

All agencies of the City of North Tonawanda must comply with this local law prior to directly undertaking, approving or funding any action within the waterfront area when such action is classified as Type I or unlisted under Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

§ 37-24 Severability.

The provisions of this local law are severable. If any part of this local law is found invalid, such finding will apply only to the particular provision and circumstances in question. The remainder of this local law and the application of the disputed provision to other circumstances will remain valid.

§ 37-25 Definitions.

A. 
As used in this local law, the following terms shall have the meanings indicated:
ACTION
Either a Type I or unlisted action as defined in SEQR regulations at 6 NYCRR 617.2.
CAF
A coastal assessment form as adopted by the Common Council.
CITY
The City of North Tonawanda.
CITY AGENCY
Any board, department, office, other bodies or officers of the City of North Tonawanda.
CITY CLERK'S OFFICE
The City of North Tonawanda agency responsible for overall management and coordination of the LWRP.
COMMON COUNCIL
The Common Council of the City of North Tonawanda.
EAF
An environmental assessment form as defined in 6 NYCRR 617.2(1).
EIS
An environmental impact statement as defined in 6 NYCRR 617.2(m).
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
The local program to implement the New York State Coastal Management Program within the City of North Tonawanda as approved by the Common Council and the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act of 1981 (Article 42 of the Executive Law of New York State).
PART 617 —
The State Environmental Quality Review Regulations (Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York).
PLANNING COMMISSION
The City of North Tonawanda Planning Commission.
SEQR
The State Environmental Quality Review Regulations (Article 8 of the Environmental Conservation Law, which is Chapter 43-b of the Consolidated Laws of the State of New York).
WATERFRONT AREA
That portion of the New York State coastal area within the City of North Tonawanda as delineated in the City of North Tonawanda Local Waterfront Revitalization Program.
WATERFRONT COMMISSION
The City of North Tonawanda agency responsible for review of LWRP actions affecting the city's waterfront area and resources.
B. 
All other terms of which definitions are given in SEQR and/or Part 617 shall have the same meanings in the local law.

§ 37-26 Initial review.

Any city agency, including the Common Council, which has the authority to undertake, approve or fund either a Type I or unlisted action shall, prior to undertaking, approving or funding such an action within the waterfront area, prepare or cause to be prepared a CAF for the proposed action. The CAF and other documentation pertinent to describe the proposed action shall be referred to the Common Council for review and determination of consistency of the proposed action with the city's Local Waterfront Revitalization Program (LWRP).

§ 37-27 Certification of consistency.

A. 
Prior to undertaking, approving or funding a proposed Type I or unlisted action within the city's waterfront area by any city agency, the Common Council shall either:
(1) 
Find and certify, in writing, that the action will not substantially hinder the achievement of any of the policies or purposes of the LWRP;
(2) 
If the action will substantially hinder the achievement of any policy of the LWRP, find and certify, in writing, that the following three requirements are satisfied: no reasonable alternative exists which would permit the action to be undertaken in a manner which would not substantially hinder the achievement of such policy; the action will minimize all adverse effects on such policy to the maximum extent practicable; and the action will result in an overriding regional or state-wide public benefit. Such certification shall constitute a determination that the action is consistent to the maximum extent practical with the LWRP; or
(3) 
Find and certify, in writing, that the action is not consistent with the policies and purposes of the LWRP. Such a finding would conclude that the action would substantially hinder the achievement of one or more policies and would not satisfy all three of the specific requirements identified in Subsection A(2) above.
B. 
The Common Council shall complete its consistency review of all proposed actions within 30 days of the date that the Common Council receives the referral. Prior to making a consistency determination, the Common Council may refer such matters to any municipal agency for review and an advisory opinion. Referral agencies may include but shall not be limited to the City Clerk's office, the Planning Commission and the Waterfront Commission.
C. 
No action shall be undertaken, approved or funded by any city agency unless the Common Council certifies that the action is consistent with the policies and purposes of the LWRP by a finding pursuant to either Subsection A(1) or (2) above.
D. 
If the Common Council determines that the proposed action is consistent with the policies and purposes of the LWRP, the agency referring the proposed action shall complete the remaining steps necessary to comply with SEQR before the action is undertaken, approved or funded.
E. 
All findings of the Common Council made relative to this local law shall be made in writing and filed with the City Clerk and the referring city agency before the action is undertaken, approved or funded.

§ 37-28 When effective.

This local law shall take effect immediately upon filing with the Secretary of State.