[HISTORY: Adopted by the Common Council of the City of Plattsburgh 3-22-1977 by L.L. No. 1-1977 (Ch. 171 of the 1989 Code). Amendments noted where applicable.]
A.
Unless the context shall otherwise require, the terms, phrases, words
and their derivatives used in this chapter 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No decision to carry out or approve an action other than an
action listed in Section 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
do not commit the City to approve, commence or engage in such action;
or
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.
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 Planning Board 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 Planning Board 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 Planning Board.
A.
The City Planning Board shall render a written determination on such
application within 30 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 Planning Board.
The determination shall state whether such proposed action may or
will not have a significant effect on the environment. The City Planning
Board may hold informal meetings with the applicant and may meet with
and consult any other person for the purpose of aiding 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 City.
Every application for determination under this chapter shall
be accompanied by a reasonable fee set forth in this section to defray
the expense incurred in rendering such determination. The fees shall
be as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the City Planning Board determines that the proposed action
is not an exempt action, not an action listed in Section 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 City Planning Board shall prepare, file and circulate such determination
as provided in Section 617.8(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 chapter. If the City Planning Board
determines that the proposed action may have a significant effect
on the environment, the City Planning Board shall prepare, file and
circulate such determination as provided in Section 617.8(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
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 City Planning Board shall, in accordance
with the provisions of Part 617 of Title 6 of the New York Codes,
Rules and Regulations:
(1)
In the 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; or
(2)
In the case of an action not involving an applicant, shall prepare
a draft environmental impact statement.
B.
If the applicant decides not to submit an environmental impact report,
the City Planning Board 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 City Planning Board may require
an applicant to submit a fee to defray the expense to it of preparing
a draft environmental impact statement or reviewing same if it is
prepared by the applicant. Such fees shall be determined as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where more than one agency is involved in an action, the procedures
of Sections 617.14 and 617.9 of Part 617 of Title 6 of the New York
Codes, Rules and Regulations shall be followed.
[Added by L.L. No. 3-1991]
When a decision to carry out or approve an action is made by
the Common Council or any department, board or agency of the City
of Plattsburgh, said Common Council, department, board or agency shall
make such determinations as are required to be made under this article
and Article 8 of the Environmental Conservation Law, and the regulations
promulgated thereunder.
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 Planning Board modifies an action undertaken
or approved prior to that date and the City Planning Board determines
that the modification may have a 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.
