The general rules shall be those found in 6 NYCRR 617.3.
Except as otherwise provided herein, the following are Type I actions:
A. All actions identified as Type I actions in 6 NYCRR 617.4.
B. Actions proposed in any of the following critical environmental
areas and which involve a type of development listed below:
(1) Critical environmental areas:
(a) Land within 100 feet of the wall, bank or gorge of the
Genesee River or of the high-water mark of Lake Ontario.
(b) Slopes and crests of the following glacial formations:
[3] The lesser hills, comprised of kames, kettles and eskers,
generally located between the Conrail Railroad right-of-way on the west and
Interstate Route 590 on the east, and generally situated north of Highland
Avenue, encompassing Mount Hope Cemetery and Highland Park.
(c) Areas zoned as Open Space District.
(d) Any project area which is at least 50% covered by steep
slopes of 15% or greater.
(e) Heavily wooded land, which shall be defined as an area
of at least two acres with at least 50% of its area covered by a canopy of
mature trees.
(f) Freshwater wetlands designated pursuant to Article 24
of the New York State Environmental Conservation Law.
(g) Areas designated as drainage systems on the Official
Street Map.
(2) Types of development:
(c) Institutional development.
(d) Residential development of more than five single-family
dwellings or more than 10 units in one or more multifamily dwellings.
(e) Public or private utility stations, sewage treatment
plants, water facilities, drainage channels or wastewater treatment facilities.
(f) Transportation terminals, roads or highways.
(h) Parking lot(s) with over 10 parking spaces.
C. Any facility, development or project which is to be located
in a dedicated City park or a City school district playground, except projects
which either:
(1) Replace or upgrade existing facilities or improvements
with only minimal change in use, size, capacity or location; or
(2) Where the facilities and improvements are consistent
with the use of the site and the action will not change the use, size, capacity
or character of the site.
D. Actions which would remove, without replacement, 1/3
or more of all street trees within the public right-of-way along the street
frontage of a project area.
E. Reconstruction of any existing publicly dedicated roadway
which would result in:
(1) A total widening of the pavement by seven feet on any
one side or by 10 feet in total on both sides in a residential area (both
sides of the roadway section zoned residential);
(2) A total widening of the pavement by two or more travel
lanes in any other area; or
(3) Any diminution of any unpaved median strip which is located
within a Preservation District on a local landmark site, within a National
Register of Historic Places District or on a National Register of Historic
Places site.
F. Rezoning of areas in a district currently zoned Open
Space District to any other district.
G. Disposition, including sale or lease, of City-owned property, including property acquired through foreclosure, which requires more than rehabilitation of an existing structure, for a use which involves a type of development and a critical environmental area listed in §
48-4B(1).
H. Establishment of new junkyards or alteration of existing
junkyards.
I. Establishment of new waste centers involving hazardous
wastes or any expansion or alteration of an existing waste center involving
or introducing hazardous waste.
J. Construction of towers for personal wireless telecommunications
facilities when located in Residential Districts, Open Space Districts and
the Center City District.
[Added 2-11-1997 by Ord.
No. 97-46; amended 11-19-2002 by Ord.
No. 2002-354]
K. Establishment of new uses in the Rochester Science Park.
[Added 6-14-2005 by Ord. No. 2005-160]
The following are Type II actions:
A. All actions identified as actions not requiring environmental
review in 6 NYCRR 617.5.
B. In addition, the following are deemed actions not requiring review, provided that no thresholds listed in 6 NYCRR 617.4 or §
48-4 of this chapter are exceeded:
[Amended 2-11-1997 by Ord.
No. 97-46; 11-19-2002 by Ord.
No. 2002-354]
(1) The disposition, including sale, lease or other transfer,
of City-owned and Urban Renewal Agency-owned property meeting one of the following
criteria:
(a) The parcel is occupied by an existing residential structure and will be continued in use as a residential structure; which is not designated as a landmark site or structure or within a preservation district pursuant to Chapter
120 or listed on the National Register of Historic Places; and which requires no more than a minimal amount of rehabilitation.
[Amended 11-19-2002 by Ord.
No. 2002-354]
(b) The parcel is vacant, zoned residential and:
[1] Has a frontage of less than 40 feet and the lot area
is less than 6,000 square feet; or
[2] Has a frontage of less than 80% of the average frontage
of adjacent developed parcels within 250 feet of either side of the lot and
a lot area of less than 6,000 square feet; or
[3] Contains a utility easement which prohibits any construction
on the parcel; or
[4] Is landlocked without means of access from another property.
(c) The parcel is occupied by an existing structure which is not designated as a landmark site or structure or within a preservation district pursuant to Chapter
120; is not listed on the National Register of Historic Places; which requires no further discretionary actions by a governmental unit to permit its occupancy; and is either:
[Amended 11-19-2002 by Ord.
No. 2002-354]
[1] A commercial structure which will be continued in use
as a commercial activity of a character compatible with surrounding uses;
or
[2] An industrial structure which will be continued in use
as an industrial activity of a character compatible with surrounding uses.
(d) The parcel is vacant, zoned for commercial or industrial
use and requires no further discretionary actions by a governmental unit to
permit its development and use as a commercial or industrial activity.
(e) Short-term leases (not more than five years) for uses
not requiring further discretionary actions by a governmental unit.
(2) Property rehabilitation and maintenance undertaken, to
achieve compliance with the following chapters of the Municipal Code:
(a) Chapter
50, Conveyance Code.
(b) Chapter
54, Fire Prevention Code.
(c) Chapter
59, Health and Sanitation.
(d) Chapter 83, Plumbing Code.
(e) Chapter
89, Property, Care of.
(f) Chapter
90, Property Code.
(3) Street maintenance, reconstruction or rehabilitation
work and underground utility work within the existing street right-of-way.
(4) Acquisition of unimproved parcels of land up to 2,000
square feet for expansion of a street right-of-way.
(5) Water service and hydrant use permit issuance.
(6) Routine water system maintenance and rehabilitation activities,
including upland water supply facilities.
(7) Landscaping improvements and maintenance upon public
property.
(8) Licensing of commercial, industrial and institutional
refuse/waste haulers who also hold valid permits/licenses from the New York
State Department of Environmental Conservation.
(9) Temporary permits or license agreements for the use of
public property.
(10) Administrative resubdivisions and administrative variances.
(11) Minor transfers of land and subdivisions of fewer than
five lots pursuant to the City of Rochester Land Subdivision Regulations when no new street is proposed and any thresholds identified in
other sections of this chapter are not exceeded.
(12) Administrative adjustments.
(13) Residential use conversions authorized by zoning variance
or by special permit.
(14) Area variances for signs.
(15) Area variances for City-wide design standards.
(16) Site plan approvals not involving site or structural
changes.
(17) Site plan approvals for placement of signs.
(18) Site plan approvals for alternate landscaping plans.
(19) Site plan approvals for all exterior alterations to existing
buildings or structures and all new construction in the Center City District
(CCD) that meet the overall objectives set out in the CCD, to include minor
deviations.
(20) Official Street Map amendments of the following nature:
(b) Minor right-of-way changes (realignments), including
reservations for future widening, and deletion of widening lines.
(c) Street or park naming or name changes.
(d) Street abandonments which involve unimproved paper streets,
where the right-of-way is not essential for future transportation purposes,
does not provide the only means of access to an abutting parcel of land, is
not utilized for public utility purposes and does not function as a drainageway.
(21) Actions by the Traffic Control Board.
(22) The issuance of certificates of appropriateness for the
following types of improvements:
(a) Alterations to buildings, but not demolitions or additions
which change the volume of buildings;
(b) Landscaping involving removal of nonspecimen trees less
than five inches caliper and/or ground cover constituting 25% or less of the
site;
(c) Parking lots constituting less than 25% of the lot;
(d) Erection of fences and walls;
(e) Erection of fire escapes;
(h) The addition of live landscaping materials;
(i) Temporary or seasonal alterations; and
(j) Alternative sign programs.
(23) The granting of demolition permits for the demolition
of:
(a) Structures when an immediate danger exists for which a declaration of emergency has been issued pursuant to §
47A-16B of Chapter
47A, Demolition Regulations, of the Municipal Code.
(b) The following structures, provided that such structure is not designated as a landmark or within a preservation district pursuant to Chapter
120 of the Municipal Code; provided that such structure is not a designated building of value as defined in Chapter
120 of the Municipal Code; provided that such structure is not listed on the State or National Register of Historic Places; provided that such structure has not been proposed by the New York State Board of Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register of Historic Places; provided that the demolition of such structure would not expose the public or adjacent properties to hazardous substances or unsafe situations; and provided that the demolition is not part of an action which requires further discretionary action by any governmental agency:
[1] Freestanding accessory structures such as fire escapes,
antennas and small porches, provided that they are attached to walls or other
structures suitable for exposure to the elements.
[2] Accessory structures such as fire escapes, antennas and
small porches, provided that they are attached to walls or other structures
suitable for exposure to the elements.
[3] Interior walls measuring less than 250 linear feet in
total or structures totaling less than 1,875 cubic feet of material.
(24) Formal dedication of parkland when the prior use of the
parcel has been consistent with that of a park.
(25) Erection of antennas for personal wireless telecommunications facilities on buildings, except on landmark buildings and sites, and on existing towers or other structures as described in §
120-143F of the Zoning Code.
(26) Special permits for alternative sign programs.
(27) Special permits for alternative parking plans.
(28) Designation of an urban renewal area by City Council.
(29) Alterations to buildings, but not demolitions or additions
which change the volume of buildings, in the Harbortown and Public Market
Village Districts.
(30) Minor text amendments to Chapter
120 of the Municipal Code, Zoning Code, addressing spelling, grammar, numerical references and other minor modifications which are not substantive as outlined in §
120-190C.
(31) The conversion in any residential, commercial or industrial
district of floor area designed for nonresidential use to residential use,
excluding the Village Center and C-2 Districts.
Procedures for the initial review of actions shall be as set forth in
6 NYCRR 617.6(a) and for establishing lead agency as set forth in 6 NYCRR
617.6(b).
Procedures and criteria for determining significance shall be as set
forth in 6 NYCRR 617.7.
The scoping process shall be as set forth in 6 NYCRR 617.8.
The procedures for preparing environmental impact statements (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 findings requirements shall be as set forth in 6
NYCRR 617.11.
Document preparation, filing, publications 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.
Action involving a federal agency shall be treated as set forth in 6
NYCRR 617.15.
Requests concerning confidential information shall be treated as set
forth in 6 NYCRR 617.16.