[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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This local law shall take effect immediately upon filing with
the Secretary of State.
[Adopted 2-16-1988 as L.L. No. 1-1988]
This local law shall be known and may be cited as the "City
of North Tonawanda LWRP Consistency Law."
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.
This law is adopted under the authority of the Municipal Home
Rule Law and Article 42 of the Executive Law.
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.
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.
A.
ACTION
CAF
CITY
CITY AGENCY
CITY CLERK'S OFFICE
COMMON COUNCIL
EAF
EIS
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)
PART 617 —
PLANNING COMMISSION
SEQR
WATERFRONT AREA
WATERFRONT COMMISSION
As used in this local law, the following terms shall have the meanings
indicated:
Either a Type I or unlisted action as defined in SEQR regulations
at 6 NYCRR 617.2.
A coastal assessment form as adopted by the Common Council.
The City of North Tonawanda.
Any board, department, office, other bodies or officers of
the City of North Tonawanda.
The City of North Tonawanda agency responsible for overall
management and coordination of the LWRP.
The Common Council of the City of North Tonawanda.
An environmental assessment form as defined in 6 NYCRR 617.2(1).
An environmental impact statement as defined in 6 NYCRR 617.2(m).
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).
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).
The City of North Tonawanda Planning Commission.
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).
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.
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.
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).
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.
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.
This local law shall take effect immediately upon filing with
the Secretary of State.
