[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.
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.
