[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.]
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.
