No decision to carry out or approve an action, other than an action listed pursuant to §
92-3 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 City of Lockport or by any department, board, commission, officer or employee of the City 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
processes necessary to the formulation of a proposal for action which do not
commit the City to approve, commence or engage in such action.
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.
Consistent with Part 617 of Title 6 of the New York Codes, Rules and
Regulations and the criteria therein, in addition to those actions listed
in Section 617.12 of Title 6 of the New York Codes, Rules and Regulations
as Type I or Type II actions, a further list of Type I actions deemed to have
a significant effect on the environment and Type II actions deemed not likely
to have a significant effect on the environment shall be posted in the Building
Inspection Department, Municipal Building, Lockport, New York, for public
inspection.
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 Conservation
Advisory Council of the City of Lockport, setting forth the name of the applicant;
the location 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 Conservation
Advisory 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 any other relevant explanatory
material required by the Conservation Advisory Council.
Upon receipt of a complete application and a statement, the Conservation
Advisory Council shall cause a notice thereof to be posted on the signboard,
if any, of the City maintained by the City and may also cause such notice
to be published in the official newspaper of the City, describing the nature
of the proposed action and stating that written views thereon of any person
shall be received by the Conservation Advisory Council no later than a date
specified in such notice.
If the Conservation Advisory Council determines that the proposed action is not an exempt action, not a Type II action listed pursuant to §
92-3 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 Conservation Advisory 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 Conservation Advisory Council determines that the proposed action may have a significant effect on the environment, the Conservation Advisory 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.
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, action undertaken or approved
prior to those dates is modified and the Conservation Advisory 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.