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168-2A{2} AGENCY
AGENCY A state or local governmental unit, including, but not limited to, the Common Council, departments, divisions, agencies, commissions, boards and officers.
168-2A{3} APPROVAL
APPROVAL A discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity.
168-2A{4} CITY
CITY The City of Buffalo.[1]
§ 168-3 General rules.
No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR and this chapter. The general rules shall be those found in 6 NYCRR 617.3.
§ 168-4 Type I actions.
[Amended 1-22-2019, effective 1-22-2019] A. All actions identified as Type I actions in 6 NYCRR 617.4.
§ 168-5 Type II actions.
A. Actions or classes of actions which have been determined not to have a significant adverse impact on the environment are classified as Type II actions. They do not require environmental impact statements or any other determination or procedure under this chapter. B. In addition to Type II actions pursuant to 6 NYCRR 617.5, the following actions have been determined to be Type II actions:[Amended 1-22-2019, effective 1-22-2019] (1) The disposition, including sale, lease or other transfer, of City-owned property, provided that such parcel is less than 50 acres in size. (2) Street maintenance, repair and/or replacement, including: (a) Street milling. (b) Street resurfacing. (c) Chip-sealing. (d) Curb replacement or repair. (e) Street constr...
§ 168-6 Initial review of actions.
Procedures for the initial review of actions shall be as set forth in 6 NYCRR 617.6(a).
§ 168-7 Establishment of lead agency.
[Amended 9-19-2006, effective 10-3-2006; 1-22-2019, effective 1-22-2019] A. Procedures and criteria for determining lead agency shall be those set forth in 6 NYCRR 617.6.
§ 168-8 Notice to the Buffalo Environmental Management Commission (EMC).
A. Whenever a full environmental assessment form is required by a proposed action, the City agency designated as lead agency shall promptly notify the EMC; notification shall include submission of a completed Part I EAF.[Amended 1-22-2019, effective 1-22-2019] B. The EMC shall be incorporated into all SEQR notification and review procedures as set forth in 6 NYCRR 617.12.
§ 168-9 Determining significance.
Procedures and criteria for determining significance shall be those set forth in 6 NYCRR 617.7.
§ 168-10 Scoping.
The scoping process shall be as set forth in 6 NYCRR 617.8.
§ 168-11 Preparation and content of environmental impact statements.
The procedures for preparing an environmental impact statement (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).
§ 168-12 Generic environmental impact statements.
The description, purpose and procedures for generic EIS's shall be as set forth in 6 NYCRR 617.10.
§ 168-13 Decisionmaking and finding requirements.
Decisionmaking and finding requirements shall be as set forth in 6 NYCRR 617.11.
§ 168-14 Document preparation, filing, publication and distribution.
Document preparation, filing, publication and distribution requirements shall be as set forth in 6 NYCRR 617.12.
§ 168-15 Fees and costs.
Fees and costs for the preparation and review of draft and final EIS's shall be as set forth in 6 NYCRR 617.13.
Ch 169 Excavations and Quarries
[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Building construction and demolition; fire prevention — See Ch. 103. Moving of buildings — See Ch. 107. Landfills — See Ch. 216, Art. VIII. Streets and sidewalks — See Ch. 413. Swimming pools — See Ch. 430.
Ch 169 Art I Safety Requirements
[Derived from Sec. 57 of Ch. IV of the Charter and Ordinances, 1974]
§ 169-1 Declaration of nuisance.
The existence upon any lands in the City of any quarry, pit or excavation of such size, depth and character as to be dangerous to the public or to persons while upon such premises or in the vicinity thereof is hereby declared to be a nuisance.
§ 169-2 Fence and posting of signs required.
No owner of any land shall maintain or permit to exist thereon any such quarry, pit or excavation without enclosing the same with a fence of a size and character sufficient to prevent the access of children thereto and without posting in conspicuous places on each side thereof signs forbidding any person to enter upon such premises.