City of Amsterdam, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Amsterdam 4-19-1977 by L.L. No. 1-1977. 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.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
CITY
The City of Amsterdam.
No decision to carry out or approve an action, other than an action listed in § 112-3B hereof or Section 617.12 of Title 6 of the New York Codes, Rules and Regulations, as a Type II action, shall be made by the Common Council or any department, board, commission, officer or employee of the City of Amsterdam 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 process 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.
A. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations as Type I actions, are likely to have a significant effect on the environment: none.
B. 
Consistent with Part 617 of Title 6 of the New York Codes, Rules and Regulations and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 of the New York Codes Rules and Regulations as Type II actions, are deemed not to have a significant effect on the environment:
(1) 
All functions applicable to public works and/or public safety operations, including emergency requirements.
(2) 
Regular and necessary repairs, maintenance, reconstruction, replacement of streets, highways and bridges deemed necessary by the municipality and in furtherance of its general and governmental purposes.
(3) 
Abandonments of streets and/or highways found necessary and in compliance with the Highway Law.
(4) 
All functions connected with the maintenance and operation of any public building.
(5) 
All operations connected with the opening and closing of borrow areas for construction and maintenance purposes.
(6) 
Snow control operations, including use of materials for ice and snow control.
(7) 
All operations and functions in pursuance of existing ordinances or those hereafter adopted.
(8) 
Repair, erection and operation of street and highway lighting.
(9) 
All municipal purchases of machinery and supplies, including maintenance thereof.
(10) 
All operations connected with the purchase and maintenance of municipal fleet equipment.
(11) 
All functions connected with parks, playgrounds and parking areas.
(12) 
All functions connected with the enforcement or implementations of regular responsibilities of a municipality.
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 Common Council setting forth the name 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 an 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. 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 it may meet with and consult any other person for the purpose of aiding it in making a determination on the application.
B. 
The time limitation 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 expenses incurred in rendering such determination. The fees shall be as follows: The fee basis shall reflect the costs involved, such fees to be charged by the agency to the applicant as established with rules and regulations to be issued by the agency. Such fees shall be in conformity with the provisions of § 8-0109 of the Environmental Conservation Law.
If the Common Council determines that the proposed action is not an exempt action, not an action listed in § 112-3B 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 Common Council 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 chapter. If the Common Council determines that the proposed action may have significant effect on the environment, the Common Council 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 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 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 request the applicant to prepare an environmental impact 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.
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 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 a Common Council modifies an action undertaken or approved prior to that date and the Common Council 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.
The Mayor is authorized and empowered to designate a department, officer, board, commission or employee of the City of Amsterdam to act on behalf of the city and the Common Council in the implementation hereof. In the event of such designation, all references herein to the Common Council shall be intended to refer to such designee.