[HISTORY: Adopted by the Common Council of the City of Fulton 11-9-1978 (Ch. 67 of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 341.
Freshwater wetlands — See Ch. 349.
Water — See Ch. 624.
A. 
Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this chapter shall have the same meanings 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 Fulton.
No decision to carry out or approve an action other than an action listed in § 310-3B hereof or § 617.5 of Title 6 of the New York Codes, Rules and Regulations as a Type II action 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 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 does 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.
[Amended 10-30-1991 by L.L. No. 4-1991]
A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions are likely to have a significant effect on the environment:
(1) 
Those actions listed in § 617.4 of Title 6 of the New York Codes, Rules and Regulations as Type I actions.
(2) 
Construction of a new highway or bridge or expansion of an existing highway by the addition of two or more travel lanes.
(3) 
Road or highway sections, including bridges, which require an indirect source permit under Part 203 of Title 6 of the New York Codes, Rules and Regulations.
(4) 
Any facility, development or project which is to be directly located in one of the following critical areas:
(a) 
Tidal wetlands as defined in Article 25 of the Environmental Conservation Law.
(b) 
Freshwater wetlands as defined in Article 24 of the Environmental Conservation Law, or those wetlands determined to be significant by the Environmental Management Council's wetlands inventory.
(c) 
Floodplains as defined in Article 36 of the Environmental Conservation Law, or flood hazard areas as determined by the National Flood Insurance Agency.
(d) 
Wild, scenic or recreational river areas designated in Title 27 of Article 15 of the Environmental Conservation Law.
(5) 
Any highway project which would generate more than 5,000 vehicle trips per hour or more than 25,000 vehicle trips per any eight-hour period.
(6) 
Any highway, bridge or drainage project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places or in the Statewide Inventory of Historical and Cultural Resources.
(7) 
Any action which will result in excessive or unusual noise or vibration, taking into consideration the volume, intensity, pitch, time, duration and the appropriate land uses for both the source and the recipient of such noise or vibration.
(8) 
A change in the policy, method or materials that would result in an expansion of the current herbicide program of roadside brush control.
(9) 
Major reordering of priorities or agency functions.
(10) 
Acquisition or sale by a public agency of more than 250 contiguous acres of land.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions are deemed not to have a significant effect on the environment:
(1) 
Those actions listed in § 617.5 of Title 6 of the New York Codes, Rules and Regulations as Type II actions.
(2) 
Reconstruction, reconditioning or spot improvements of substandard elements of an existing highway, bridge or drainage system, including but not limited to:
(a) 
Widening of existing travel lanes to standard engineering specifications.
(b) 
Increasing shoulder width to standard engineering specifications.
(c) 
Addition of one travel lane to accommodate a greater traffic volume in one direction.
(d) 
Minor realignment of a section of highway, either vertically or horizontally, to improve the safety of the facility.
(e) 
Modification of a bridge to improve the safety of the structure or to accommodate improvements to the bridge approaches.
(f) 
The addition of auxiliary lanes for local situations, such as climbing, weaving, turning and speed changes.
(g) 
Enlarging of cross culverts, ditches and driveway culverts to better accommodate existing or expected conditions.
(h) 
Alteration of existing drainage to expedite the drainage away from the highway and dwelling, etc., located thereon, except as noted in Subsection A(4) of this section.
(3) 
Installation of new or upgrading of existing roadside appurtenances. These projects are designed to maintain the operational standard of the existing highway and include installation of impact attenuators, highway lighting, guide rails, signs, delineators, intersection signals, noise barriers, traffic control devices, traffic surveillance systems, pavement markings, railroad crossing warning signs, fencing and landscaping.
(4) 
The expansion of an existing highway maintenance site which will not increase its size or usage by more than 50%.
(5) 
Approval or adoption of plans, grants, contracts or permits to fund or support the replacement, rehabilitation or conversion of existing department equipment or to fund or support the expansion of the existing fleet of equipment by no more than 50%.
(6) 
The sale of surplus government property other than land, pesticides, herbicides or other hazardous material.
(7) 
Review of environmental impact statements prepared by others.
(8) 
The conduct of studies and the establishment of standards, including:
(a) 
Engineering research studies to evaluate materials, methods, equipment and procedures.
(b) 
Establishing quality standards for engineering materials in accordance with accepted engineering practices.
(c) 
Conducting studies to determine efficiency, safety and usage of existing transportation systems.
(9) 
Defining the scope of services or negotiating and executing contracts with consultants for professional services.
(10) 
Training and training programs.
(11) 
Approval or adoption of plans, grants, contracts or permits to fund or support the restoration, reconstruction, improvement or replacement, at existing sites, of existing transportation facilities or structures.
(12) 
Approval and execution of grants or contracts to fund or support the preparation of transportation or master plans or studies or transportation project or program plans or studies which do not commit the City to undertake specific programs or activities.
(13) 
Preparation and adoption of new or revised comprehensive transportation or master plans, studies or programs which do not commit the City to undertake specific programs or activities.
C. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions are deemed not to have a significant effect on the environment:
(1) 
Those actions listed in § 617.5 of Title 6 of the New York Code, Rules and Regulations as exempt actions.
(2) 
Routine administration and management of City functions.
(3) 
Surveying and mapping.
(4) 
All highway maintenance activities involving no substantial changes in the existing facility or structure, including but not limited to:
(a) 
Pavement maintenance.
(b) 
Shoulder maintenance.
(c) 
Roadside maintenance.
(d) 
Maintenance of drainage systems.
(e) 
Maintenance of bridges, including painting or repair by contract.
(f) 
Snow and ice control.
(g) 
Equipment maintenance.
(h) 
Maintenance of traffic control.
(i) 
Maintenance of pavement markings.
(j) 
The control of vegetation in the shoulder area of the highway by the use of herbicides.
(5) 
Waterway maintenance, including but not limited to:
(a) 
Excavating silt refill to restore channels to design dimensions and removal of debris from existing channels.
(b) 
Shore maintenance.
(c) 
Repair and replacement of bank protection.
(6) 
Approval and execution of grants or contracts for the rehabilitation, maintenance or repair of existing transportation facilities or structures not involving an expansion of the facility or structure.
(7) 
Surveys, studies and engineering evaluations done at the request of another department for that department.
(8) 
Ministerial actions.
(9) 
Actions necessitated by emergencies, including but not limited to:
(a) 
Cleanup of flood and storm damage.
(b) 
Emergency local assistance.
(c) 
Accident cleanup.
[Amended 12-1-2009 by L.L. No. 6-2009]
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 Clerk/Chamberlain 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 Common 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 Common Council.
A. 
The Common 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 Common Council or its designated officer. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Common 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 town.
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. The fees shall be as follows: The City Engineer shall establish a reasonable fee for each application, not to exceed fees allowed in Article 8 of the Environmental Conservation Law. Any applicant who wishes the fee reviewed may request the Common Council to review the proposed fee.
If the Common Council determines that the proposed action is not an exempt action, not an action listed in § 310-3B hereof or § 617.5 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 Common Council shall prepare, file and circulate such determination as provided in § 617.8 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 Common Council determines that the proposed action may have a significant effect on the environment, the Common Council shall prepare, file and circulate such determination as provided in § 617.8 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.
A. 
Following a determination that a proposed action may have a significant effect on the environment, the Common Council, in accordance with the provisions of Part 617 of Title 6 of the New York Codes, Rules and Regulations, shall:
(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.
(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 Common 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 Common Council may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing the same if it is prepared by the applicant. Such fees shall be determined as follows: The City Engineer shall establish a reasonable fee for each application, not to exceed fees allowed in Article 8 of the Environmental Conservation Law. Any applicant who wishes the fee reviewed may request the Common Council to review the proposed fee.
Where more than one agency is involved in an action, the procedures of §§ 617.14 and 617.9 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 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 the City modifies an action undertaken or approved prior to that date and the Common Council determines that the modification may have 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.