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City of Buffalo, NY
Erie County
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[HISTORY: Adopted by the Common Council of the City of Buffalo 9-16-1997, effective 9-26-1997; amended in its entirety 2-17-1998, effective 3-6-1998. Subsequent amendments noted where applicable.]
A. 
This chapter shall be known as the "Environmental Review Ordinance."
B. 
This chapter is enacted pursuant to Article 8 of the New York Environmental Conservation Law and 6 NYCRR 617, State Environmental Quality Review (SEQR) regulations.
C. 
The basic purpose of this chapter is to incorporate the consideration of environmental factors into the existing planning, review and decisionmaking processes of the City at the earliest possible time. To accomplish this goal, this chapter requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement.
D. 
This chapter shall supplement 6 NYCRR 617. Where there is a conflict between this chapter and 6 NYCRR 617, 6 NYCRR 617 shall supersede this chapter.
A. 
As used in this chapter, the following terms shall have the following meanings:
ACTIONS
(1) 
Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure that are directly undertaken by an agency; or involve funding by an agency or require one or more new or modified approvals from any agency or agencies;
(2) 
Agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions;
(3) 
Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and
(4) 
Any combination of the above.
AGENCY
A state or local governmental unit, including, but not limited to, the Common Council, departments, divisions, agencies, commissions, boards and officers.
APPROVAL
A discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity.
CITY
The City of Buffalo.[1]
[1]
Editor's Note: The former definitions of "environmental assessment form (EAF)," "environmental impact statement (EIS)," "lead agency," "negative declaration," and "positive declaration," which immediately followed this definition, were repealed 12-26-2018, effective 12-26-2018.
B. 
All other terms shall have the meanings as set forth in 6 NYCRR 617.2.
No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR and this chapter. The general rules shall be those found in 6 NYCRR 617.3.
[Amended 1-22-2019, effective 1-22-2019]
A. 
All actions identified as Type I actions in 6 NYCRR 617.4.
A. 
Actions or classes of actions which have been determined not to have a significant adverse impact on the environment are classified as Type II actions. They do not require environmental impact statements or any other determination or procedure under this chapter.
B. 
In addition to Type II actions pursuant to 6 NYCRR 617.5, the following actions have been determined to be Type II actions:
[Amended 1-22-2019, effective 1-22-2019]
(1) 
The disposition, including sale, lease or other transfer, of City-owned property, provided that such parcel is less than 50 acres in size.
(2) 
Street maintenance, repair and/or replacement, including:
(a) 
Street milling.
(b) 
Street resurfacing.
(c) 
Chip-sealing.
(d) 
Curb replacement or repair.
(e) 
Street construction within the existing right-of-way not involving widening which would add travel lanes.
(f) 
Street rehabilitation.
(g) 
Sidewalk replacement or repairs.
(h) 
Streetlighting repair.
(i) 
Street replacement.
(j) 
Repaving and restriping of existing streets or highways not involving the addition of new travel lanes.
(k) 
Water and sewer line repairs or replacements with minimal change in capacity.
(l) 
The addition and restriping of bicycle lanes.
(3) 
Issuance of certificates of occupancy.
(4) 
Official Street Map amendments of the following nature:
(a) 
Street dedications.
(b) 
Minor right-of-way changes (realignments), including reservations for future widening; and deletion of widening lines.
(c) 
Street naming or name changes.
(d) 
Street abandonments which involve unimproved paper streets.
Procedures for the initial review of actions shall be as set forth in 6 NYCRR 617.6(a).
[Amended 9-19-2006, effective 10-3-2006; 1-22-2019, effective 1-22-2019]
A. 
Procedures and criteria for determining lead agency shall be those set forth in 6 NYCRR 617.6.
A. 
Whenever a full environmental assessment form is required by a proposed action, the City agency designated as lead agency shall promptly notify the EMC; notification shall include submission of a completed Part I EAF.
[Amended 1-22-2019, effective 1-22-2019]
B. 
The EMC shall be incorporated into all SEQR notification and review procedures as set forth in 6 NYCRR 617.12.
Procedures and criteria for determining significance shall be those set forth in 6 NYCRR 617.7.
The scoping process shall be as set forth in 6 NYCRR 617.8.
The procedures for preparing an environmental impact statement (EIS) shall be as set forth in 6 NYCRR 617.9(a). The content of EIS's shall be as set forth in 6 NYCRR 617.9(b).
The description, purpose and procedures for generic EIS's shall be as set forth in 6 NYCRR 617.10.
Decisionmaking and finding requirements shall be as set forth in 6 NYCRR 617.11.
Document preparation, filing, publication and distribution requirements shall be as set forth in 6 NYCRR 617.12.
Fees and costs for the preparation and review of draft and final EIS's shall be as set forth in 6 NYCRR 617.13.