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City of Batavia, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Batavia 1-26-1981 as Chapter 134 of the 1981 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 162.
Zoning — See Ch. 190.
The purpose of this chapter is to implement for the City of Batavia provisions in addition to the State Environmental Quality Review Act and Part 617 of NYCRR.
The lead agency shall be determined and designated as provided in Part 617.6, 617.7 and 617.8, except that in the following Type I and unlisted actions the lead agency shall be as provided herein [NOTE: The list of lead agencies in this section is not intended to indicate a complete or ironclad predetermination of lead agencies within the municipality, but rather to serve as an example. Lead agencies will emerge through normal processing of actions, by agreement and by designation of the Environmental Conservation Commissioner. Thus, the list could change.]:
A. 
Adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval: City Council.
B. 
Construction or expansion of city buildings, structures and facilities within the city not requiring a federal or state agency permit or approval: City Council.
C. 
Variances not requiring a federal or state agency permit or approval: Zoning Board of Appeals.
D. 
Purchase, sale and lease of real property by the City of Batavia not requiring a federal or state agency permit or approval: City Council.
E. 
Planned unit development or cluster zoning not requiring a federal or state agency permit or approval: City Planning Board.
F. 
Site plan review and special use permit not requiring a federal or state agency permit or approval: City Council or City Planning Board.
G. 
Construction or expansion of nonresidential facility not requiring a federal or state agency permit or approval: City Planning Board.
H. 
Parking lot not requiring a federal or state agency permit or approval: City Planning Board.
The official designated by the City Manager shall act as the city clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approving, funding or carrying out Type I and unlisted actions. The clearinghouse shall also make recommendations on the designation of a lead agency.
The fees for review or preparation of an Environmental Impact Statement (EIS) involving an applicant for approval or funding of an action shall be fixed from time to time by a resolution of the City Council.
Critical areas of environmental concern may be designated by resolution of the City Council in accordance with Part 617.14.
The following are deemed Type I actions in addition to those set forth in Part 617.4: None.
The following are deemed Type II actions in addition to those set forth in Part 617.5:
A. 
Reconstruction or repair of existing highways, including drainage, not involving the addition of new travel lanes.
B. 
Installation or repair of utility facilities within a highway right-of-way.
C. 
Reconstruction or replacement of bridges on the same location.
D. 
Construction of individual driveway entrances.