This chapter shall be known as the "Environmental Quality Review Law
of Monroe County."
It is the purpose of this chapter to establish a policy whereby county
agencies and the County Legislature, in coordination with municipal governments,
may implement at the local level Article 8 of the New York State Environmental
Conservation Law and Part 617 of Title 6 of NYCRR. It is the purpose of this
chapter to conform with changes made to Article 8 and 6 NYCRR 617 since the
adoption of Monroe County Local Law No. 5 of 1977. It is the intent that actions
by the County Legislature and county agencies be consistent with the need
for maintaining a high-quality environment in Monroe County. To accomplish
this goal, the County Legislature and county agencies shall incorporate the
consideration of environmental factors into the planning, review and decisionmaking
processes at the earliest possible time. It is also the intent that the County
Legislature and county agencies shall give appropriate weight to environmental
factors considered together with social and economic factors. Finally, it
is the intent that county agencies consolidate and coordinate existing multiple
review procedures through administrative guidelines while meeting the provisions
of this chapter, so that delay is minimized and time, money and effort are
saved.
The terms and their derivatives as used in this chapter, unless the
context otherwise requires, shall have the meanings given below:
ACTIONS
Include:
A.
Projects or physical activities which change the use or appearance of
any natural resource or structure and which:
(1)
Are directly undertaken by one or more county agencies;
(2)
Are supported in whole or in part through contracts, grants, subsidies,
loans or other forms of funding assistance from one or more county agencies;
or
(3)
Require one or more permits or other approvals from one or more county
agencies.
B.
Planning activities undertaken by a county agency that commit the agency
to a definite course of future decisions or actions.
C.
County agency rule, regulation, policy and proceduremaking.
D.
Any combinations of the above.
AGENCY
Any state or local agency.
APPLICANT
any agency, individual, corporation, government entity, partnership,
association, trustee or other legal entity which must, under law, apply to
one or more county agencies to obtain a permit, approval, advisory report,
grant, funding or other form of review on a proposed action without which
the action may not proceed.
APPROVAL
A decision by a county agency to issue a permit or to otherwise authorize
a proposed action.
CHAPTER
The Environmental Quality Review Law of Monroe County.
COUNTY AGENCY
The County Legislature or any county department, agency, board, authority,
commission, officer or employee.
ENVIRONMENT
The physical conditions which will be affected by a proposed action,
including but not limited to air; land; 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; energy conservation and consumption; and social and economic characteristics.
EXCLUDED ACTION
An action which was undertaken, funded or approved prior to the effective
dates set forth in the State Environmental Quality Review Act (See Chapters
228 of the Laws of 1976, 252 of the Laws of 1977 and 460 of the Laws of 1978).
EXEMPT ACTION
Any one of the following:
A.
Enforcement or criminal proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings;
B.
Ministerial acts, that is, such actions 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;
C.
Maintenance or repair involving no substantial changes in an existing
structure or facility;
D.
Actions requiring a certificate of environmental compatibility and public
need under Article VII or VIII of the Public Service Law and the consideration
of, granting or denial of any such certificate; or
E.
Actions which are immediately necessary on a limited emergency basis
for the protection or preservation of life, health, property or natural resources.
FINAL ENVIRONMENTAL IMPACT STATEMENT (EIS)
A written document prepared in accordance with §
235-8 of this chapter and administrative procedures promulgated in accordance with §
235-10 of this chapter and containing such information as outlined in said administrative procedures.
LEAD AGENCY
The agency principally responsible for coordinating the environmental
review of a proposed action, determining the environmental significance of
the action, determining whether an environmental impact statement is required
in connection with the action and for the preparation and filing of the statement
if one is required.
TYPE I ACTION
An action or class of actions, identified in the administrative procedures,
more likely to have a significant effect on the environment than those not
so identified.
TYPE II ACTION
An action or class of actions, identified in the administrative procedures,
which have been determined not to have a significant effect on the environment.
UNLISTED ACTION
All actions not excluded or exempt, not listed as a Type I action
or not listed as a Type II action in this chapter.
When an action is to be carried out or approved by two or more agencies, the determination of whether the action may have a significant effect on the environment shall be made by the lead agency within 15 calendar days of its designation as lead agency or within 15 calendar days of its receipt of any information it may need to make the determination of significance, whichever occurs later. The lead agency is that agency having principal responsibility for carrying out or approving such an action. Such agency shall prepare or cause to be prepared by contract or otherwise the environmental impact statement for the action, if such a statement is required. Such lead agency designation shall be determined within 30 calendar days of the notification of all involved agencies. In the event that there is a question as to which is the lead agency, any agency may submit the question to the Commissioner of Environmental Conservation, who shall designate the lead agency, giving due consideration to the capacity of such agency to fulfill adequately the requirements of this chapter. The designation of lead agency shall be in accordance with administrative procedures promulgated pursuant to §
235-10 of this chapter.
The following fee schedule shall be applied by the county in order to
recover the costs of implementing this chapter:
A. Where a county agency is initiating an action, there
shall be no fee.
B. Where a proposed action involves an applicant for county
funding or approval, the fees charged shall be as follows:
(1) When an environmental impact statement is involved, the
fee charged shall reflect the actual costs to the county lead agency for the
review or preparation of the statement, provided that an applicant may not
be charged a separate fee for both the review and preparation of the statement.
(2) When an applicant does not choose to prepare an EIS,
the county lead agency shall provide the applicant, upon request, with an
estimate of the costs of the county lead agency to prepare such statement,
if the county lead agency chooses to prepare the EIS.
(a) In the case of a residential project, the fee charged
by the county lead agency may not exceed 2% of the total project cost.
(b) In the case of construction projects, the fee charged
may not exceed one-half of one percent (1/2 of 1%) of the total project cost.
C. For actions which are found to require a public hearing
pursuant to this chapter and the hearing is conducted by the county lead agency,
the fee charged shall include the total cost for physical accommodations,
if not held in county facilities; for copies of any transcripts associated
with the hearing; and for the newspaper notifications thereon.