HomeMy WebLinkAboutEnvironmental & Misc InfoConservation Advisory Council
City of Ithaca
Memo to: Planning Board & Dept.
Applicant(s), as noted below
Copy to: Common Council and Mayor
BZA and Building Dept.
City Attorney
CAC
From: Conservation Advisory Council's Environmental
Review Subcommittee (Coles, Darlington, Violette)
Subject: EAF Review(s)
Date: July 8, 1996
I. Cliff Street Neighborhood Parking Lot
Comments: The questions which arise relative to this project
are: is the construction of neighborhood parking to replace
parking eliminated by other projects? Are plans to deal with
runoff during the construction phase adequate?
Recommendation: Negative Declaration
2. SPDR - Evaporated Metal Films Parking Lot Improvements
Comments: In examining a recent EAF (Novarr) we noted the ben-
efits of gravelling, rather than paving over, parking lots in
this area of the city. These losses of permeable surface, each
seemingly small and insignificant, inevitably lead to future
problems with erosion, siltation, and pollution. A comprehen-
sive look at this problem is overdue.
Recommendation: Negative declaration, although an alternative
material (gravel) is strongly recommended.
3. SPDR - Tompkins County Human Services Building
Comments: None.
Recommendation: Negative declaration.
4. 411 N. Tioga Street - James Gardner, Jr.
Comments: None.
Recommendation: Negative declaration.
5. 604 Buffalo Street - Ralph Waldo Haag
Comments: None.
Recommendation: Negative declaration.
Conservation Advisory Council
City of Ithaca
Memo to: Planning Board & Dept.
Applicant(s), as noted below
Copy to: Common Council and Mayor
BZA and Building Dept.
City Attorney
CAC
From: Conservation Advisory Council's Environmental Review Subcommittee (Darlington, Gerard,
Violette)
Subject: EAF Review(s)
Date:
1. Valvoline Instant Oil Change Facility
Comments: After reviewing the SDPR and supplemental information submitted by the applicant, we will
confine our comments principally to issues more specifically site- than use - related. Valvoline appears to
have a reasonably responsible corporate methodology for dealing with oil spills and related issues on site,
but we feel a lack of complete confidence in evaluating their procedures due to a lack of technical expertise
on our part. The site plan itself however deserves several comments. While it is good that the footprint of
the construction is a relatively small percentage of the total site area, and plans call for leaving the rest of
the surface undeveloped (which in this area of more and more impervious surface is very beneficial) we
would like to see more planting of larger trees. The planting plan calls for mostly shrub growth, while the
site could support and benefit from larger species. It would also be beneficial to relocate the location of the
building slightly to the northeast to accommodate existing trees: Also, as this area is developed we see no
accommodation of pedestrian traffic. Inclusion of a sidewalk might have long -term benefits.
Recommendation: Negative declaration
2. Savings Bank of the Finger Lakes
Comments: Generallyme see no particular problems with this application. However, the planting schedule
could be improved with more large trees on the south/ southeast corner of the site. The species chosen
look suitable, we would just like to see more of them. Again, incorporation of a sidewalk would be of benefit.
Recommendation: Negative declaration
3. Empire Vision Center
Comments: The two areas of concern connected with this development have been identified as its effects
on traffic and on the adjacent creek. Traffic information is yet to be submitted as of this date, so we cannot
comment on it at this point. The new building may actually have some benefit compared to the previous
structure in its effect on the creek, as it is sited at a greater distance from the stream. Protection of the
stream during the construction phase will be the greatest area of concern.
Recommendation: Negative declaration
General comments on the above projects: This area of the City is seeing and will continue to see intense
development. While our usual comments about plantings and sidewalks may seem like minor complaints,
attention to these aspects of development can have far - reaching ameliorative effects. In particular, planning
for, rather than ignoring or even trying to curtail, pedestrian traffic in this area would in our opinion be a
marked improvement. As usual, we recommend involvement of the Shade Tree Commission in developing
planting schedules for all three sites.
Conservation Advisory Council
City of Ithaca
Memo to: BZA and Building Department
Applicants as noted below
Copy to: Common Council and Mayor
Planning Board & Dept.
City Attorney
CAC
From: Conservation Advisory Council's Environmental
Review Subcommittee (Coles, Darlington, Violette)
Subject: EAF Review(s)
Date:
1. Appeal ##2298 - G. Lavinia Reid Doll- 215 Esty St.
Comments: None
Recommendation: Negative declaration
Resolution to Common Council
From the Conservation Advisory COuncil
Whereas, the Linn Street Woods, the hillside above Floral Avenue, and the hillside between Cliff
Street and Cass Park are currently zoned R -3a; and
Whereas, the above - mentioned areas are steep, wooded slopes; and
Whereas, Floral Avenue, Linn Street, and Cliff Street are not designed for heavy traffic; and
Whereas, the West Hill Master Plan recommends reducing the density of the zoning to the west
of Floral Avenue and below Cliff Street; and
Whereas, intense development on steep, wooded slopes can have an adverse affect on the envi-
ronment, including erosion, siltation, and other pollution of waterways, degradation of views
from the surrounding and distant areas, loss of neighborhood character, and loss of the air cleans-
ing and cooling functions of the forests; and
Whereas, the City has few remaining forested areas; and
Whereas, the Linn Street Woods have been designated by Tompkins County's Board of Repre-
sentatives as a Unique Natural Area; and
Whereas, the land between Floral Avenue and the Flood Control Channel is currently zoned
R -3a; and
Whereas, it is in the City's interest to limit development of waterfront land along the Flood Con-
trol Channel in order to protect water quality, the integrity of the bank, and the aesthetic,
recreational, and natural qualities of the waterway; now therefore,
Be it Resolved, that the City of Ithaca Conservation Advisory Council recommends that Common
Council make the following changes:
1) Road frontage along the west side of Floral Avenue and the east side of Cliff
Street to a depth of 100 to 150 feet, rezone to R -2;
behind, rezone to R -1;
2) Between Floral Avenue and the Flood Control Channel: change this frontage
to a depth of 100 to 150 feet to R -2;
change the land behind to R -1;
3) Road frontage along University Avenue, Linn Street, and Lake Street to a depth of
100 to 150 feet: no change;
behind, rezone to R- I a.
Approved unanimously by the Conservation Advisory Council, July 8, 1996
RESOLUTION to the CITY of 1THACA COMMON COUNCIL
ON "NEW SOUTHWEST PARK" 8/12/96
WHEREAS, the City of Ithaca has determined that the present Southwest Park should be alienated and has
identified substitute park land that includes the Negundo Woods, an unchannelized section of the Cayuga
Inlet and adjacent fields and wetlands; and
WHEREAS, the City and Town of Ithaca have cooperated in identifying and attempting to acquire said
substitute park lands, and significant public investment has already occurred; and
WHEREAS, the City's Conservation Advisory Council, the Town Conservation Board, the Tompkins
County Environmental Management Council, the City's Parks Commission and the Tompkins County
Greenway Coalition have all endorsed the substitute park land as a natural area more attractive and more
important for protection than the present Southwest Park; and
WHEREAS, the optimal use of the new park/natural area requires adequate public access from both the
Town (Route 13A) and City (Elmira Road) sides, as well as non - conflicting adjacent land uses; and
WHEREAS, the currently designated substitute park land does not provide for adequate public access to
the new park/natural area from the City side; and
WHEREAS, current City zoning does not adequately protect the proposed park/natural area from
conflicting adjacent land uses that could have a detrimental impact on views, drainage, noise, litter, glare,
and potential for public access; and
WHEREAS, Tompkins County owns property that is both within and adjacent to the proposed
park /natural area; now therefore be it
RESOLVED, that City Conservation Advisory Council (CAC) reaffirms its support for acquisition of the
proposed substitute parkland to replace at least part of the present Southwest Park, and encourages the
City and Town of Ithaca to take any steps necessary to acquire or secure all the designated land, to
prevent inappropiate development thereof, and to make such efforts a high priority; and it is further
RESOLVED, that the CAC urges the City, Town and Tompkins County Board of Representatives to
cooperate in a timely fashion, before any County -owned land in the area is conveyed to private parties, to
ensure that provision is made for adequate public access from Elmira Road and for protection of the
proposed park/natural area from conflicting adjacent land uses.
Passed at the August 12th meeting of the
Conservation Advisory Council
Conservation Advisory Council
City of Ithaca
Memo to: Planning Board & Dept.
Applicant(s), as noted below
Copy to: Common Council and Mayor
BZA and Building Dept.
City Attorney
CAC
From: Conservation Advisory Council's Environmental
Review Subcommittee (Darlington, Gerard, Violette)
Subject: EAF Review(s)
Date: (CV2_i, � (,
1. Greenstate Building Additional Parking SDPR
Comments: This project has several aspects which cause concern.
First, is an increase in off-street parking, particularly in the
form of large lots such as this would create (visually, it would
combine with the adjacent parking area), necessary and desir-
able? Second, the LEAF notes that there is a level of objection
to the project from within the community (unidentified) ,
although the impact is evaluated as "small to moderate ". The
first concern can be addressed by a landscaping scheme that
breaks up the area somewhat more than that shown in the plans.
This scheme would include trees, rather than just the yew hedge
shown, in the borders and perhaps in islands (space permitting).
The second concern points to a possible need for further public
input. However, the environmental impacts other than these
appear to be negligible.
Recommendation: Negative declaration.
2. "The Woods" Apartments SDPR
Comments: Assessment of the environmental impacts of this
planned development is complicated. The following is a list of
specific aspects of the project and comments on them.
The presence of valuable native trees requires that the greatest
care be taken in utilization of the site. The developers have
noted this, and addressed the problem in serveral ways: planning
of the location of the access road to minimize tree removal, use
of "Cornell mix" on the road surface to affect covered roots
minimally, use of wooden tree guards at the drip - lines, and a
planned effort to preserve as much as possible of the natural
state of the area. It should be noted however that in the "In-
ventory and Rating of Trees" attached to the SDPR, Hackberries
are listed among the "weed" species as subject to removal, which
is not the case - these should be preserved. Removal of Alan -
thus, Asian Bittersweet, and as much Norway Maple as possible
however is a good plan. It was noted at the meeting that a
large American Chestnut has also been found on the site, which
certainly deserves every effort at protection. Also, the large
bird population noted during a site visit indicates the desir-
ability of preserving as much cover and food source (for
example, Stag Sumac) as possible. Generally, Robert Wesley's
"Biological Resources Survey" attached to the SPDR gives a very
good listing of native species, including species desirable for
use in landscaping this site. Finally, consideration should be
given to snow removal methods and an effort should be made to
reduce or eliminate salt usage, which is particularly harmful to
the pines.
At one point the plan called for a plastic pond liner for the
pond in the (roughly) center of the site. It was stated at the
meeting that clay is now being considered, which is a much more
desirable alternative.
The plan to use low bollard lighting on the site will reduce the
nightime impact both on neighbors and on wildlife. This
approach is commendable.
In the LEAF, part 2, we think that the impact of clearcutting or
removal of vegetation should be shown as "potential large
impact ".
The efforts of the developers to limit site disturbance and to
reduce the level of development insofar as is consonant with
their expectations of economic gain, both by limiting the number
of units and designing those units to appeal to a market segment
appropriate to the neighborhood, indicate a sincere attempt to
responsibly address environmental issues.
However, based on the levels of anticipated environmental
impact, not all of which can be reduced, it appears to us that
more review will be necessary.
Recommendation: Positive declaration
�•7
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�A'°�RATfcO
CITY OF ITHACA
10B EAST GREEN STREET
ITHACA, NEW YORK 14850
DEPARTMENT OF
PLANNING & DEVELOPMENT
H. MATTHYS VAN CORT, DIRECTOR
HERMAN SIEVERDING, AICP, DEPUTY DIRECTOR
Conventions for CEQR Draft
I. italicized text= SEQR language incorporated in CEQR
2. [brackets] = old CEQR language which is not in the new SEQR
3. 1 } = suggested new text, not in either CEQR or SEQR
TELEPHONE: 607/ 274 -6550
FAX: 607/ 274 -6558
607/272 -7348
4. = old CEQR language which is now unnecessary or could be struck but
it is not mandatory
�i Printed on Recycled Paper
Chapter 176
DRAFT
ENVIRONMENTAL QUALITY REVIEW
176 -1. AUTHORITY, INTENT AND PURPOSE ...................................................... ............................... 2
176 -2. DEFINITIONS ............................................................................................... ............................... 3
176 -3. GENERAL RULES ........................................................................................ ............................... 7
176 -4. TYPE I ACTIONS ......................................................................................... ............................... 8
176 -5. TYPE II ACTIONS ...................................................................................... ............................... 12
176-6. INITIAL REVIEW OF ACTIONS AND ESTABLISHING LEAD AGENCY .............................. 15
176 -7. DETERMINING SIGNIFICANCE ............................................................... ............................... 18
176 -8. SCOPING .................................................................................................... ............................... 22
176 -9. PREPARATION AND CONTENT OF ENVIRONMENTAL IMPACT STATEMENTS ............. 23
176 -10. GENERIC ENVIRONMENTAL IMPACT STATEMENTS ...................................................... 28
176 -11. DECISION - MAKING AND FINDINGS REQUIREMENTS ...................... ............................... 29
176 -12. DOCUMENT PREPARATION, FILING, PUBLICATION AND DISTRIBUTION ................... 30
176 -13. FEES AND COSTS .................................................................................... ............................... 31
176 -14. INDIVIDUAL AGENCY PROCEDURES TO IMPLEMENT CEQR .......... ............................... 33
176 -15. ACTIONS INVOLVING A FEDERAL AGENCY ...................................... ............................... 34
176 -16. CONFIDENTIALITY .................................................................................. ............................... 34
176 -17. REFERENCED MATERIAL ...................................................................... ............................... 35
176 -18. SEVERABILITY ........................................................................................ ............................... 35
176 -19. EFFECTIVE DATE ................................................................................... ............................... 35
176 -20. APPENDICES ............................................................................................. ............................... 35
1
176 -1. AUTHORITY, INTENT AND PURPOSE
A. This chapter, , is adopted
pursuant to {sections 3- 0301(1)(b), 3- 0301(2)(m) and} § 8 -0313 of the Environmental
Conservation Law to implement the provisions of the State Environmental Quality Review
Act (SEQR).
B. In adopting SEQR, it was the State Legislature's intention that all agencies conduct their
affairs with an awareness that they are stewards of the air, water, land and living resources
and that they have an obligation to protect the environment for the use and enjoyment of
this and all future generations.
C. The basic purpose of SEQR and CEQR is to incorporate the consideration of environmental
factors into the existing planning, review and decision- making processes of state, regional
and local government agencies at the earliest possible time. To accomplish this goal, SEQR
and CEQR require that all agencies determine whether the actions they directly undertake,
fund or approve may have a significant impact on the environment, and, if it is determined
that the action may have a significant adverse impact, prepare or request an environmental
impact statement.
D. It was the intention of the Legislature and is the intention of the Ithaca City Common
Council that the protection and enhancement of the environment and human and
community resources should be given appropriate weight with social and economic
considerations in determining public policy and that those factors be considered together in
reaching decisions on proposed activities. Accordingly, it is the intention of this chapter
that a suitable balance of social economic and environmental factors be incorporated into
the planning and decision - making processes of state, regional and local agencies. It is not
the intention of SEQR or CEQR that environmental factors be the sole consideration in
decision - making.
E. This chapter is intended to provide a citywide regulatory framework for the implementation
of CEQR by all local agencies. It includes:
(1) procedural requirements for compliance with the law;
(2) provisions for coordinating multiple agency environmental reviews through a single
lead agency (§ 176 -6 of this chapter);
(3) criteria to determine whether a proposed action may have a significant adverse impact
on the environment (§ 176 -7);
(4) model assessment forms to aid in determining whether an action may have a
significant adverse impact on the environment (Appendices A, B and C of § 176 -20 of
this chapter);'
(5) examples of actions and classes of action which are likely to require an EIS (§ 176-4 of
the chapter) and those which will not require an EIS (§ 176 -5 of this chapter).
1 Editor's note: the appendices are on file and available for inspection in the office of the City Clerk.
2
176 -2. DEFINTTIONSZ
As used in this chapter, unless the context otherwise requires:
A. "Act" means Article 8 of the Environmental Conservation Law (SEQR).
B. "Actions" include:
(1) projects or physical activities, such as construction or other activities that may affect
the environment by changing the use, appearance or condition of any natural resource
or structure that:
(a) are directly undertaken by an agency;
(b) involve funding by an agency, ineluding but not limited to funding aetivities sue
> gfmts, subsidies, leall ,
assistanee;3 or
(c) require one or more new or modified approvals from an agency or agencies such
(2) agency planning and policy - making activities that may affect the environment and
commit the city to a definite course of future decisions;
(3) adoption of agency rules, regulations and procedures, including local laws, codes,
ordinances, executive orders and resolutions, that may affect the environment; and
(4) any combination of the above.
C. "Agency" means a state or local agency {including) [the Common Council and any city
department, agency, board, public benefit corporation, public authority, or commission.
The terms "agency" and "city agency" are used interchangeably in this chapter].4
D. "Applicant" means any person making an application or other request to an agency to
provide funding or to grant an approval in connection with a proposed action.
E. "Approval' means 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.
F. "City" means the municipal government of the City of Ithaca.
G. "Commissioner" means the Commissioner of the New York State Department of
Environmental Conservation.
H. "Conditioned Negative Declaration (CND)" means a negative declaration issued by a lead
agency for an Unlisted action, involving an applicant, in which the action as initially
proposed may result in one or more significant adverse environmental impacts; however,
mitigation measures identified and required by the lead agency, pursuant to the procedures
in § 176 -71) of this chapter, will modify the proposed action so that no significant adverse
environmental impacts will result.
I. "Critical Environmental Area (CEA)" means a specific geographic area designated by a
state or local agency, having exceptional or unique characteristics that make the area
2 This section includes numbering not in the original CEQR.
3 This language should track section 176 -2S "Funding ".
4 CEQR should distinguish between the city as an agency under SEQR and agencies within the city which
have powers under CEQR.
environmentally important. (See § 176 - ?? of this chapter. )5
6
J. "DEC or Department" means the New York State Department of Environmental
Conservation.
K. "Direct action" or "Directly undertaken action" means an action planned and proposed for
implementation by an agency. "Direct actions" include but are not limited to capital
projects, promulgation of agency rules, regulations, laws, codes, ordinances or executive
orders and policy- making which commits an agency to a course of action that may affect the
environment.
L. "Environment" means physical afid conditions that will be affected by a
proposed action, including land, air, water, minerals, flora, fauna, noise, resources of
agricultural, archeological, historic or aesthetic significance, existing patterns of population
concentration, distribution or growth, existing community or neighborhood character, and
human health.
M. "Environmental Assessment Form (EAF)" means a form used by an agency to assist it in
determining the environmental significance or nonsignificance of an action. A properly
completed EAF shall contain enough information to describe the proposed action, its
locations, its purpose and its potential impacts on the environment. The model full and
short EAF's contained in Appendices A and C of § 176 -20 of this chapter may be modified
by the Common Council to serve it better in implementing CEQR, provided that the scope
of the modified form is as comprehensive as the model.
N. "Environmental Impact Statement (EIS)" means a written "draft" or "final" document
prepared in accordance with § § 176 -9 and 176 -10 of this chapter. An EIS provides a means
for agencies, project sponsors and the public to consider significant adverse environmental
impacts, alternatives and mitigation systematically. An EIS facilitates the weighing of
social, economic and environmental factors early in the planning and decision- making
process. A "draft" EIS is the initial statement prepared by either the project sponsor or the
lead agency and circulated for review and comment. The le kd ageney is r-espensible for- the
pfeparat an efthe final An EIS may also be "generic" in accordance with § 176 -10,
of this chapter, "supplemental" in accordance with paragraph § 176 -9A(7) of this chapter,
or "federal" dfaft and fittal in accordance with § 176 -15 of this chapter!
O. "Environmental Notice Bulletin (ENB)" means the weekly publication of the Department
published pursuant to § 3 -0306 of the Environmental Conservation Law.
P. "Exeluded Aetien „9
Q "£ycempt�4etiea "10
R. "Findings statement" means a written statement by ey each involved
agency, in accordance with § 176 -11 of this chapter, after a final EIS has been filed, that
5 SEQR eliminates a separate provision for CEAs and moves the provisions to § 617.14 "Individual
Agency Procedures ". If the city wants to preserve the CEA trigger effect, where an an Unlisted action
within a CEA becomes Type I, then that language should be in a substantive section.
6 Recommend striking for two reasons. First, the current language potentially conflicts with SEQR's Type
II list (see Mark Little's memo to the Planning Board). Second, for simplicity, substantive provisions
should not be in the definition section. If the City wants stronger CEA language than SEQR, it should
move that language to a substantive provisions.
SEQR does not include this sentence in the definitions.
'The Planning Board suggested a definition of "final EIS" to parallel definition of "draft EIS ".
9 Moved to Type 11 list, § 176 -5.
10 Moved to Type I1 list, § 176 -5.
4
eeftifies that the GEIR f:equffefnea have been fnet and pr-OvideS written suppeft for- the
ageaey-deeision considers the relevant environmental impacts presented in an EIS, weighs
and balances them with social, economic and other essential considerations, provides a
rationale for the agency's decision and certifies that the CEQR requirements have been
met."
S. "Funding" means any financial support given by an agency, including contracts, grants,
subsidies, loans or other forms of direct or indirect financial assistance in connection with a
proposed action.12
T. [ "Industrial facility" means those facilities that are intended for:
(1) manufacturing use(s) as defined and listed in the Standard Industrial Classification
Manual, Executive Office of the President, Offices of Management and Budget; or
(2) warehousing and distribution uses.]
U. "Impact" means to change or to have an effect on any aspect(s) of the environment.
V. "Interested agency" means an agency that lacks the jurisdiction to fund, approve or directly
undertake an action but wishes to participate in the review process because of its specific
expertise or concern about the proposed action. An "interested agency" has the same ability
to participate in the review process as a member of the public.
W. "Involved agency" means an agency that has jurisdiction by law to fund, approve or directly
undertake an action. If an agency will ultimately make a discretionary decision to fund,
approve or undertake an action, then it is an "involved agency ", notwithstanding that it has
not received an application for funding or approval at the time the SEQR process is
commenced. The lead agency is also an "involved agency ".
X. "Lead agency" means an involved agency principally responsible for undertaking funding
or approving an action and therefore responsible for determining whether an environmental
impact statement is required in connection with the action, and for the preparation and .
filing of the statement if one is required.
Y. "Ministerial act" means an action performed upon a given statemem of facts in a prescribed
manner imposed by law without the exercise of any judgment or discretion as to the
propriety of the act, such as the granting of a [driver's license] or hunting or fishing license,
.� » Eftinistffiftl
led thER within one hundf-ed (100) feet of any speeial r-eseufee 76 4 of this
]13
Z. "Mitigation" means a way to avoid or minimize adverse environmental impacts.
AA. "Negative declaration" means a written determination by a lead agency that the
implementation of the action as proposed will not result in any significant adverse
environmental impacts. A negative declaration may also be a conditioned negative
declaration as defined in subdivision § 176 -2H. Negative declarations must be prepared,
filed and published in accordance with sections 176 -7 and 176 -12 of this chapter.
11 If the City decides not to include specific balancing language in § 176 -11, then this language should not
be included.
12 Language should mirror section 176- 2B(1)(b) "Actions ".
13 SEQR does not use this language. This language also raises the potential conflict between SEQR's
Type II list and CEQR's Type I list.
1313. "Permit" means a permit, license, lease, certificate or other entitlement for use or
permission to act that may be granted or given by an agency.
CC. "Person" means any agency, individual, corporation, governmental entity, partnership,
association, trustee or other legal entity.
DD. "Physical alteration" includes, but is not limited to, the following activities: vegetation
removal, demolition, stockpiling materials, grading and other forms of earth work,
dumping, filing or depositing, discharges to air or water, excavation or trenching,
application of pesticides, herbicides or other chemicals, application of sewage sludge,
dredging, flooding, draining or deterring, paving, construction of buildings, structures or
facilities, and extraction, injection or recharge of resources below ground.
EE. "Positive declaration" means a written statement prepared by the lead agency indicating
that implementation of the action as proposed may have a significant adverse
environmental impact on the environment and that an environmental impact statement will
be required. "Positive declarations" must be prepared and filed in accordance with § § 176-
7 and 176 -12 of this chapter.
FF. "Project sponsor" means any applicant or agency primarily responsible for undertaking an
action.
GG. "Residential" means any facility used for permanent or seasonal habitation, including, but
not limited to: realty subdivisions, apartments, mobile home parks and campsites offering
any utility hookups for recreational vehicles. It does not include such facilities as hotels,
hospitals, nursing homes, dormitories or prisons.
HH. "Scoping" means the process by which the lead agency identifies the potentially significant
adverse environmental impacts related to the proposed action that are to be addressed in the
draft EIS, including, where passible, the content and level of detail of the analysis, the
range of alternatives, the mitigation measures needed [to minimize or eliminate adverse
impacts] and the identification of nonrelevant issues. Seeping is intended te pffimete thee
effieieney ef the lead ageney's review ef the dft&4 EIS, to provide an-appheant
Scoping provides a project sponsor
with guidance on matters which must be considered and provides an opportunity for early
participation by involved agencies and the public in the review of the proposal.
II. "Segmentation" means the division of the environmental review of an action such that
various activities or stages are addressed under this chapter as though they were
independent, unrelated activities needing individual determinations of significance.
JJ. "State agency" means any state department, agency, board, public benefit corporation,
public authority or commissions.
KK. "Type I action" means an action or class of actions identified in § 176-4 of this chapter, or
in any involved agency's procedures adopted pursuant to § 176 -14 of this chapter.
LL. "Type II action" means an action or class of actions listed in § 176 -5 of this chapter. 14
When the term is applied in reference to an individual agency's authority to review or
approve a particular proposed project or action, it shall also mean an action or class of
actions identified as Type II actions in that agency's own procedures to implement CEQR
adopted pursuant to § 176 -14 of this chapter. The fact that an action is identified as a Type
II action in any agency's procedures does not mean that it must be treated as a Type II
is To accommodate possible future changes in SEQR's Type II list and to avoid revising CEQR every time
the state changes its Type II list, CEQR should include language like "... and section 617.5 of the State
Environmental Quality Review regulations as amended."
0
action by any other involved agency not identifying it as a Type II action in its procedures.
MM. "Unlisted action" means all actions not exeltided of exempt not listed as Type 1 of Type44
aetions in this ehaptef identified as Type I or Type II action in this chapter, or, in the case
of a particular agency action, not. as a Type I or Type 11 action in the agency's
own CEQR procedures. [Unlisted actions are subject to the procedures of this chapter.]
176 -3. GENERAL RULES
A. No agency involved in an action may undertake, fund or approve the action until it has
complied with the provisions of CEQR. A project sponsor may not commence any physical
alteration related to an action until the provisions of SEQR have been complied with, except
as provided under § 176- 5C(18), (21), and (28) of this chapter. An involved agency may
not issue its findings on an action if it knows any other involved agency has determined that
the action may have a significant adverse impact on the environment until a final EIS and
findings statemen t has been filed. The only exception to this is provided under
subparagraph 176- 9A(5)(a).
B. City environmental quality review does not change the existing jurisdiction of agencies."
City environmental quality review provides all involved agencies with the authority,
following the filing of a final EIS and written findings statement or, pursuant to § 176 -713
of this chapter, to impose substantive condition upon an action to ensure that the
requirements of this chapter have been satisfied. The conditions imposed must be
practicable and reasonably related to impacts identified in the EIS or the conditioned
negative declaration.
C. :16 ft
D. [The Common Council need not apply CEQR to its legislative decision process if the
Common Council determines that the action will not be entertained.]
E. [An agency may waive the requirements for an EAF if a draft EIS is prepared or submitted.]
F. An application for agency funding or approval of a Type I or Unlisted action shall not be
complete until:
(1) a negative declaration has been issued; or
(2) a draft EIS has been accepted by the lead agency as satisfactory with respect to scope,
content and adequacy. When the draft EIS is accepted, the CEQR process will run
concurrently with other procedures relating to the review and approval of the action, if
reasonable time is provided for preparation, review and public hearings with respect to
the draft EIS.
G. The lead agency will make every reasonable effort to involve project sponsors, other
agencies and the public in the SEQR process. Early consultations initiated by agencies can
serve to narrow issues of significance and to identify areas of controversy relating to
environmental issues, thereby focusing on the impacts and alternatives requiring in -depth
analysis in an EIS.
H. 17
1. [Each agency involved in a proposed action has the responsibility to provide the lead agency
with information it may have which may assist the lead agency in making its determination
of significance, to identify issues in the scoping process, to comment in a timely manner on
is See footnotes for section 176 -2C "Agencies ".
16 § 176 -3C(1) & (2) are incorporated in the Type II list.
17 Moved to § 176- 6B(3)(iii).
the EIS if it has concerns which need to be addressed and to participate as may be needed in
any public hearing. Other agencies interested in a proposed action are strongly encouraged
to make known their views on the action, particularly with respect to their areas of expertise
and jurisdiction.]
J. No CEQR determination of significance, EIS or findings statement is required for actions
which are Type II,
K. Actions commonly consist of a set of activities or steps [(e.g. for capital projects the
activities may include planning, design, contracting, demolition, construction and
operation)]. The entire set of activities or steps must be considered the action, whether the
agency decision - making relates to the action as a whole or to only a part of the action.
(1) Considering only a part or segment of an action is contrary to the intent of CEQR. If a
lead agency believes that circumstances warrant a segmented review, it must clearly
state in its determination of significance and any subsequent EIS the supporting
reasons and must demonstrate that such review is clearly no less protective of the
environment. Related actions should be identified and discussed to the fullest extent
possible.
(2) If it is determined that an EIS is necessary, only one (1) draft and one (1) final EIS
need be prepared on the action if the statement addresses each part of the action at a
level of detail sufficient for an adequate analysis of the significant adverse
environmental impacts. Except for a supplement to a generic environmental impact
statement (see § 176 -1OD of this chapter), a supplement to a draft or final EIS will
only be required in the circumstances prescribed in paragraph 176 -9A(7) of this
chapter.
L. Agencies must carry out the terms and requirements of this chapter with minimum
procedural and administrative delay, must avoid unnecessary duplication of reporting and
review requirements by providing, where feasible, for combined or consolidated
proceedings, and must expedite all CEQR proceedings in the interest of prompt review.
M. Time periods in this chapter may be extended by mutual agreement between a project
sponsor and the lead agency, with notice to all other involved agencies by the lead agency.
N. [The City of Ithaca Conservation Advisory Council has no specific responsibility for
implementing the Environmental Quality Review Ordinance, except that its input and
assistance shall be solicited for all actions for which a short or long environmental
assessment form has been prepared and for all action for which a positive declaration is
made or a draft environmental impact statement is prepared.]
176 -4. TYPE I ACTIONS
A. The purpose of the list of Type I actions in this section is to identify, for agencies, project
sponsors and the public, those actions and projects that are more likely to require the
preparation of an EIS than Unlisted actions.'$ All agencies are subject to this Type I list.
(1) This Type I list is not exhaustive of those actions that an agency determines may have
a significant adverse impact on the environment and require the preparation of an EIS.
However, the fact that an action or project has been listed as a Type I action carries
with it the presumption that it is likely to have a significant adverse impact on the
environment and may require an EIS. For all individual actions which are Type I or
Unlisted, the determination of significance must be made by comparing the impacts
which may be reasonably expected to result from the proposed action with the criteria
" If the city alters the thresholds for Type I actions, then it may want to consider creating stricter
language about the likelihood of review.
listed in § 17 -7C of this chapter.
(2) Agencies may adopt their own lists of additional Type I actions, may adjust the
thresholds to make them more inclusive, and may continue to use previously adopted
lists of Type 1 actions to complement those contained in this section. Designation of a
Type 1 action by one involved agency requires coordinated review by all involved
agencies. An agency may not designate as Type 1 any action identified as Type 11 in §
176 -5 of this chapter.
B. The following actions are Type I if they are to be directly undertaken, funded or approved
by an agency:
(1) the adoption of a municipality's land use plan, the adoption by any agency of a
comprehensive resource management plan or the initial adoption of a municipality's
comprehensive zoning regulations;19
(2) the adoption of changes in the allowable uses within any zoning district, affecting 25
or more acres of the district;20
(3) the granting of a zoning change, at the request of the applicant, for an action that
meets or exceeds one or more of the thresholds given elsewhere in this list;21
(4) the acquisition, sale, lease, annexation or other transfer of two and a half or more
contiguous acres of land by a public agency.22
(5) construction of new residential units that meet or exceed the following thresholds:
(a) [a residential development or subdivision of ten (10) or more dwelling units, as
that term is defined in § 325 -3 of Chapter 325, Zoning, (or demolition
thereof) .]23
(b) [any other type of residential or lodging facility, dormitory, fraternity, sorority,
rooming or boarding house, tourist home or facility, motel, hotel or boatel of
fifteen (15) or more sleeping units, as those terms are defined in the Zoning
Law .]24
(6) activities, other than the construction of residential facilities, that meet or exceed any
of the following thresholds; or the expansion of existing nonresidential facilities by
more than 50 percent of any of the following thresholds:25
19 Compare to CEQR: "The adoption of comprehensive land use or resource management plans, zoning
ordinances or amendments thereto, including any zoning ordinance or amendment thereto which permits
a change of use of the land, building codes, comprehensive solid waste plans, water resource plans, basin
plans, comprehensive water studies, areawide wastewater treatment plants, or local floodplain control
plans." § 176- 12B(6).
20 No comparable CEQR provision.
21 See § 176- 12B(9) in original CEQR.
22 SEQR § 617.4 (b)(4) specifies 100 acres or more.
23 This language is taken from the original CEQR § 176- 12B(1)(q). SEQR § 617.4(b)(5)(i) sets the 10
unit threshold for municipalities which do not have zoning regulations. SEQR § 617.4(b)(5)(iii) sets a
threshold of 250 units for cities, towns or villages under 150,000 in population where the units will be
connected to public water and sewage. In short, there is a difference of 240 units between the state and
city thresholds for residential units. Of course, Ithaca can set a lower threshold (i.e. review is more likely)
by retaining its current language or some other number.
24 This language is taken from the original CEQR § 176- 12B(1)(r).
zs Compare to CEQR: "The construction of the following or the major alteration or conversion of fifty
percent (50 %) or more of the area, existing size, intensity or frequency of use of the following or, where
noted, demolition of the following:" § 176- 12B(1).
(a) a projector action that involves the physical alteration of 10 acres;
(b) a project or action that would use ground or surface water in excess of 250,000
gallons per day;26
(c) parking facilities or other facilities with an associated parking area for fifty (50)
or more vehicles;27
(d) multiple -tenant commercial centers with an enclosed floor space of more than
twenty thousand (20,000) square feet or which, with associated premises,
encompass more than twenty thousand (20,000) square feet (or demolition
thereof) ;28
(e) airports and heliports;
(f) public institutions, such as hospitals, schoo1s,29 and buildings within institution
of higher learning, correction facilities and major office centers (or demolition of
any of the foregoing);
(g) road or highway sections;
(h) dams with a downstream hazard of C classification under Environmental
Conservation Law (ECL) § 15 -0503;
(i) stationary combustion installations operating at a total output exceeding ten
million (10,000,000) BTU's per hour;
0) any facility, development or project which, when complete, would generate truck
traffic (three -axle or more) or more than ten (10) vehicles per eight -hour period
per day;
(k) incinerators operating at a refuse - charging rate exceeding two and five- tenths
(2.5) tons of refuse per twenty-four hour day;
(1) storage facilities designed for or capable of storing fifty thousand (50,000) or
more gallons of any liquid fuel;
(m) process, exhaust and/or ventilation systems from which the total emission rate of
all air contaminants exceeds one thousand (1,000) pounds per day;
(n) any facility, development or project which would result in the generation,
transport or storage of nuclear waste thfe ;30
(o) any facility, development or project which would generate more than five
hundred (500) vehicle trips per any eight -hour period per day;
(p) any industrial facility (or demolition thereof);
(q) any publicly or privately owned sewage treatment works which has an average
daily design flow of more than two hundred fifty thousand (250,000) gallons per
day;
(r) lakes or bodies of water with a surface in excess of ten thousand (10,000) square
feet;
26 Taken from CEQR § 176- 12B(1)(n). SEQR sets the threshold at 2,000,000 gallons per day.
2' Taken from CEQR § 176- 12B(1)(d). SEQR sets the threshold at 1,000 vehicles.
28 Compare to SEQR § 617.4(b)(6)(iv): "in a city, town or village having a population of 150,000 persons
or less, a facility with more than 100,000 square feet of gross floor area."
29 Note bene: here is a potential conflict with SEQR's Type II list.
30 Unless a "nuclear waste threat" differs materially from "nuclear waste" in this context, "threat" is
redundant and misspelled in the original CEQR.
10
(s) process, exhaust and/or ventilating systems emitting nauseating, particularly
obnoxious or otherwise especially undesirable odors;
(t) bridges (or demolition thereof);
(u) any Unlisted action which takes place wholly or partially within one hundred
(100) feet of any critical environmental area designated by a local or state
agency;31
(v) any facility with more than twenty thousand (20,000) square feet of gross floor
area. 32
(7) any Unlisted action that includes a nonagricultural use occurring wholly or partially
within an agricultural district (certified pursuant to Agriculture and Markets Law,
article 25 -AA, sections 303 and 304) and exceeds 25 percent of any threshold
established in this section;
(g) any ffteility, devele Unlisted action occurring wholly or partially
within one hundred (100) fee 03 of any of the following special resource areas :34
(a) freshwater wetlands as defined in Article 24 in the Environmental Conservation
Law;
(b) floodplains, as defined in Article 36 of the Environmental Conservation Law;
(c) Fall Creek (including its associated gorge and rim area between the outlet of
Beebe Lake and Lake Street), Six Mile Creek (including its associated gorge and
rim area between the southern boundary of the city and Aurora Street),
Cascadilla Creek (including its associated gorge and run area between Campus
Road and Linn Street); Silver Creek (also known as "Cliff Park Brook,"
including its associated gorge and rim area and the Cayuga Inlet, along their
courses within city boundaries;
(d) unique natural areas as adopted by the Common Council;
(e) any historic building,, structure, facility, site or district or prehistoric site that is
listed on the National Register of Historic Places, or that has been proposed by
the New York State Board on Historic Preservation for a recommendation to the
State Historic Preservation Officer for nomination for inclusion in the National
Register, or that is listed on the State Register of Historic Places, or that is
designated under the City of Ithaca Landmarks Preservation Ordinance, provided
that this item does not include any otherwise unlisted action that is designed for
the preservation of the facility or site;
(9) any prejeeteF Unlisted action which exceeds twenty -five percent (25 %n) of any
threshold in this section, occurring wholly or partially within or substantially
contiguous publicly owned or operated parkland, recreation area or designated open
" SEQR omits CEAs from the Type I list.
32 Compare to SEQR § 617.4(b)(6)(iv): "in a city, town or village having a population of 150,000 persons
or less, a facility with more than 100,000 square feet of gross floor area."
33 SEQR uses the phrase "substantially contiguous ". The result is that SEQR is more circumscribed.
34 Compare to SEQR § 617.4(b)(9): "any Unlisted action (unless the action is designed for the
preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any
historic building, structure, facility, site or district or prehistoric site that is listed on the National Register
of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a
recommendation to the State Historic Preservation Officer for nomination for inclusion in the National
Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places
is establish by 36 Code of Federal Regulation (CFR) Parts 60 and 63, 1994 (see § 617.17 of this Part)"
11
space, including any site on the Register National Landmarks pursuant to 36 CFR 62
(1986).35
(10) any funding, licensing or planning activities in respect to the types of actions listed in
subsection B(6) above which would tend to commit, entitle or permit the applicant or
city to commence such action;
(11) use of any chemical for deicing, soil stabilization or the control of vegetation, insects
or animal life on the premises of any residential, institutional, or commercial or
industrial property in excess of thirty thousand (30,000) square feet;
(12) clear- cutting or removal of woods or vegetation other than agricultural crops from
more than one -half (1/2) acre;
(13) permanent removal of the topsoil from or other physical alteration to more than one -
half (1/2) acre.
176 -5. TYPE II ACTIONS
A. [Consistent with state guidelines,] actions or classes of actions identified in subdivision C of
this section are not subject to review under this chapter. These actions have been
determined not to have a significant impact on the environment or are otherwise precluded
form environmental review under Environmental Conservation Law, article 8. The actions
identified in subdivision C of this section apply to all agencies.
B. Each agency may adopt its own list of Type 11 actions to supplement the actions in
subdivision C of this section. No agency is bound by an action on another agency's Type 11
list. An agency that identifies an action as not requiring any determination or procedure
under this chapter is not an involved agency. Each of the actions on an agency Type 11 list
must:
(1) in no case, have a significant adverse impact on the environment based on the criteria
contained in subdivision 176 -7C on this chapter, and
(2) not be a Type 1 action as defined in § 176 -4 of this chapter.
C The following actions (and any action listed in
section 617.5 of SEQR as amended] are not subject to review under this chapter:
(1) maintenance or repair involving no substantial changes in an existing structure or
facility;
(2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the
same site, including upgrading buildings to meet building or fire codes unless such
action meets or exceeds any of the thresholds in § 176 -4 of this chapter;
(3) agricultural farm management practices, including construction, maintenance and
repair of farm buildings and structures, and land use changes consistent with generally
accepted principles of farming;
(4) repaving of existing highways not involving the addition of new travel lanes;
(5) street openings and right -of -way openings for the purpose of repair or maintenance of
existing utility facilities;
(6) maintenance of existing landscaping or natural growth;
35 This reference should be updated, unless there is a reason to freeze the list in time.
12
(7) construction or expansion of a primary or accessory/appurtenant, nonresidential
structure or facility involving less than 4,000 square feet of gross floor area and not
involving a change in zoning or a use variance and consistent with local land use
controls, but not radio communication or microwave facilities;36
(8) routine activities of educational institutions,
including expansion of existing facilities by less than 10,000 square feet of gross floor
area and school closings, but not changes in use related to such closings;
(9) construction or expansion of a single-family or a three-family residence on an
approved lot including provision of necessary utility connections as provided in
paragraph (11) and the installation, maintenance and/or upgrade of a drinking water
well and a septic system;
(10) construction, expansion or placement of minor accessory/appurtenant residential .
structures, including garages, carports, patios, decks, swimming pools, tennis courts,
satellite dishes, fences, barns, storage sheds or other buildings not changing land use
or density;
(11) extension of utility distribution facilities, to sefve new or °ter -e' single of two `a-wffl°
residential swuetwes including gas, electric, telephone, cable, water and sewer
connections to render service in approved subdivisions or in connection with any
action on this list;
(12) granting of individual setback and lot line variances;
(13) granting of an area variance(s) for a single-family, two-family, or three-family
residence;
(14) public or private best forest management (silvicultural) practices on less than 10 acres
of land, but not including waste disposal, land clearing not directly related to forest
management, clear- cutting or the application of herbicides or pesticides;37
(15) minor temporary uses of land having negligible or no permanent impact on the
environment;
(16) installation of traffic control devices on existing streets, roads and highways:
(17) mapping of existing rods, streets, highways, natural resources, land uses and
ownership patterns;
(18) information collection including basic data collection and research, water quality and
pollution studies, traffic counts, engineering studies, surveys subsurface investigations
and soils studies that do not commit the agency to undertake, fund or approve any
Type I or Unlisted action;
(19) official acts of a ministerial nature involving no exercise of discretion, including
building permits and historic preservation permits where issuance is predicated solely
on the applicant's compliance or noncompliance with the relevant local building or
preservation code(s);38
(20) routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment;
(21) conducting concurrent environmental, engineering, economic, feasibility and other
36 see Mark Little's memo to Planning Board for discussion of potential conflict between this provision
and CEQR's Type I list.
3' Substance similar but language differs from § 176- 13B(18)
38 Moved from definitions section.
13
studies and preliminary and budgetary processes necessary to the formulation of a
proposal for action, provided those activities do not commit the agency to commence,
engage in or approve such action;
(22) collective bargaining activities;
(23) investments by or on behalf of agencies or pension or retirement systems, or
refinancing existing debt;
(24) inspections and licensing activities relating to the qualifications of individuals or
businesses to engage in their business or profession;
(25) purchase or sale of furnishings, equipment or supplies, including surplus government
property, other than the following: land, radioactive material, pesticides, herbicides, or
other hazardous materials;
(26) license, lease and permit renewals, or transfers of ownership thereof, where there will
be no material change in permit conditions or the scope of permitted activities;
(27) adoption of regulations, policies, procedures and local legislative decisions in
connection with any action on this list;
(28) engaging in review of any part of an application to determine compliance with
technical requirements, provided that no such determination entitles or permits the
project sponsor to commence the action unless and until all requirements of this
chapter have been fulfilled;
(29) civil or criminal enforcement proceedings, whether administrative or judicial,
including a particular course of action specifically required to be undertaken pursuant
to a judgment or order, or the exercise of prosecutorial discretion;39
(30) adoption of a moratorium on land development or construction;
(31) interpreting an existing code, rule or regulation;
(32) designation of local landmarks or their inclusion within historic districts;
(33) emergency actions that are immediately necessary on a limited and temporary basis for
the protection or preservation of life, health, property or natural resources, provided
that such actions are directly related to the emergency and are performed to cause the
least change or disturbance, practicable under the circumstances, to the environment.
Any decision to fund, approve or directly undertake other activities after the
emergency has expired is fully subject to the review procedures of this chapter;ao
(34) actions undertaken, funded or approved prior to the effective dates set forth in SEQR
(see chapters 228 of the Laws of 1976, 253 of the Laws of 1977 and 460 of the Laws of
1978), except in the case of an action where it is still practicable either to modify the
action is such a way as to mitigate potentially adverse environmental impacts, or to
choose a feasible or less environmentally damaging alternative, the commissioneral
may, at the request of any person, or on his/her own motion, require the preparation of
an environmental impact statement; or, in the case of an action where the responsible
agency proposed a modification of the action and the modification ma result in a
significant adverse impact on the environment, and environmental impact statement
must be prepared with respect to such modification;
39 Moved from definitions section.
ao Moved from definitions section.
ai This part of the provision differs from the CEQR definition of excluded actions. The City may want to
designate a department or board to fulfill this function.
14
(35) actions requiring a certificate of environmental compatibility and public need under
articles VII, VIII or X of the Public Service Law and the consideration of, granting or
denial of any such certificate;42
(36) Common Council decisions are not exempt;43
(37) [regulatory activities not involving construction or changed land use relating to one (1)
individual business, institution or facility, such as inspections, testing, operating
certification or licensing and the like];
(38) [operating, expense or executive budget planning preparation and adoption not
involving new programs or major reordering or priorities].
176 -6. INITIAL REVIEW OF ACTIONS AND ESTABLISHING LEAD AGENCY
A. Initial review of actions.
(1) As early as possible in an agency's formulation of an action it proposes to undertake,
or as soon as an agency receives an application for funding or for approval of an
action, it must do the following:
(a) Determine whether the action is subject to CEQR. If the action is a Type II
exelude exempted or
action, (as defined by section 176 -5 of CEQR or section
617.5 of SEQR as amended }, the agency has no further responsibilities under this
chapter.
(b) Determine whether the action involves a federal agency. If the action involves a
federal agency, the provisions of § 176 -15 of this chapter apply: .
(c) Determine whether the action may involve one or more other agencies.
(d) Make a preliminary classification of an action as Type I or Unlisted, using the
information available and comparing it with the thresholds set forth in § 176-4 of
this chapter. Such preliminary classification will assist in determining whether a
full EAF and coordinated review is necessary.
42 Moved from definitions section.
43 SEQR § 617.5(37) is much broader and covers state legislature and Governor. This provision includes
comes from the definitions section.
15
(2) For Type I actions, a full EAF (see § 176 -20, Appendix A, of this chapter) must be
used to determine the significance of such actions that afe funded,--Wroved
as The project sponsor must complete Part 1 of the full EAF,
including a list of all other involved agencies that the project sponsor has been able to
identify, exercising all due diligence. The lead agency is responsible for preparing
Part 2 and, as needed, Part 3.
(3) For Unlisted actions, the short EAF (see § 176 -20 Appendix C, of this chapter) must
be used to determine the significance of such actions. However, an agency may instead
use the full EAF for Unlisted actions if the short EAF would not provide the lead
agency with sufficient information on which to base its determination of significance.
The lead agency may require other information necessary to determine significance.
(4) An agency may waive the requirement for as EAF if a draft EIS is prepared or
submitted. The draft EIS may be treated as an EAF for the purpose of determining
significance.
(5) [Any city agency receiving or filling out an environmental assessment form shall,
within five days, provide a copy of the document to the Chairperson of the City
Conservation Advisory Council for their comments and recommendations.)
(6) Determine whether the Type I or Unlisted action is located in an agricultural district
and comply with the provisions of subdivision (4) of section 305 of article 25 -AA of
the Agriculture and Markets Law, if applicable.
B. Establishing lead agency.
(1) [The Ithaca City Common Council shall have overall responsibility for
implementation of this chapter. The Common Council may designate that a particular
city department, board or commission assume the role of lead agency for action of a
nature that would place them within the jurisdiction of that particular department,
board or commission. If an action involves more than one agency, the designation of
lead agency shall be made in accordance with the procedure set forth below, unless the
Common Council designates otherwise.)
(2) If the Common Council has not designated a lead agency and only one agency is
involved, then that agency will be the lead agency when it proposes to undertake, fund
or approve a Type I or Unlisted action that does not involve another agency.
(a) If the agency is directly undertaking the action, it must determine the
significance of the action as early as possible in the design or formulation of the
action.
(b) If the agency has received an application for funding or approval of the action, it
must determine the significance of the action within 20 calendar days of its
receipt of the application, an EAF, or any additional information reasonably
necessary to make that determination, whichever is later.
(3) When more than one agency is involved:
(a) For all Type I actions and for coordinated review of Unlisted actions involving
more than one agency, a lead agency must be established prior to a determination
of significance. For Unlisted actions where there will be no coordinated review,
the procedures in paragraph 176 -6135 of this chapter must be followed.
(b) When an agency has been established as the lead agency for an action involving
an applicant and has determined that an EIS is required, it must, in accordance
as Moved to § 176- 6A(4).
!C
with § 176 -12B of this chapter, promptly notify the applicant and all other
involved agencies, in writing, that it is the lead agency, that an EIS is required
and whether scoping will be conducted.
(c) The lead agency will continue in that role until it files either a negative
declaration or a findings statement or a lead agency is re- established in
accordance with § 176 -6B(7) of this chapter.
(4) Coordinated review.
(a) When an agency proposes to undertake directly, fund or approve a Type I action
or and unlisted action undergoing coordinated review with other involved
agencies, it must as soon as possible, transmit Part 1 of the EAF completed by the
project sponsor, or a draft EIS and a copy of any application it has received to all
involved agencies and notify them that a lead agency must be agreed upon within
30 calendar days of the date the EAF or draft EIS was transmitted to them. Fef
the pufpeses ef this ehapter, and unless other-wise speeffied by the depanmeft al
45
(b) The lead agency must determine the significance of the action within 20 calendar
days of its establishment as lead agency, or within 20 calendar days of its receipt
of all information it may reasonably need to make the determination of
significance, whichever occurs later, and must immediately prepare, file. and
publish the determination in accordance with § 176 -12 of the chapter.
(c) If a lead agency exercises due diligence in identifying all other involved
agencies and provides written notice of its determination of significance to the
identified involved agencies, then no involved agency may later require the
preparation of an EAF, a negative declaration or an EI.S in connection with the
action. The determination of significance issued by the lead agency following
coordinated review is binding on all other involved agencies.
(5) Uncoordinated review for Unlisted actions involving more than one agency.
(a) An agency conducting an uncoordinated review may proceed as if it were the
only involved agency pursuant to subdivision A of this section unless and until it
determines that an action may have a significant adverse impact on the
environment.46
(b) If an agency determines that the action may have a significant adverse impact on
the environment, it must the coordinate with other involved agencies.
(c) At any time prior to its final decision an agency may have its negative
declaration superseded by a positive declaration by any other involved agency.
(6) Actions for which lead agency cannot be agreed upon.
(a) If, within 30 calendar days allotted for the establishment of lead agency, the
involved agencies are unable to agree upon which agency will be the lead agency,
any involved agency or the project sponsor may request, by certified mail or other
form of receipted delivery to the Common Council, that a lead agency be
designated. Simultaneously, copies f the request must be sent by certified mail or
other form of receipted delivery to all involved agencies and the project sponsor.
Any agency raising a dispute must be ready to assume the lead agency functions
if such agency is designated be the Common Council.
May not be necessary for CEQR, because this deals with NYS DEC.
a6 Compare to CEQR § 176 -611. SEQR is worded much better, with minor substantive changes.
17
(b) The request must identify each involved agency's jurisdiction over the action,
and all relevant information necessary for the commissioner to apply the criteria
in subparagraph (e) of this subdivision, and state that all comments must be
submitted to the commissioner within 10 calendar days after receipt of the
request.
(c) Within 10 calendar days of the date a copy of the request is received by them,
involved agencies and the project sponsor may submit to the commissioner any
comments they may have on the actions. Such comments must contain the
information indicated subparagraph (b) of this subdivision.
(d) The Common Council shall designate a lead agency within twenty calendar days
of the date the request is received or within twenty calendar days of the receipt of
any supplemental information the Common Council has required, based on a
review of the facts, the criteria below and any comments received.
(e) The Common Council will use the following criteria, in order of importance, to
designate lead agency:
[1] which agency has the broadest governmental powers for investigation of the
impact(s) of the proposed action; and
[2] which agency has the greatest capability for providing the most thorough
environmental assessment of the proposed action.
(f) Notice of. the Common Council's designation of lead agency will be mailed to all
involved agencies and the project sponsor.
(7) Re- establishment of lead agency.
(a) Re- establishment of lead agency may occur by agreement of all involved agencies
in the following circumstances:
[1] for a supplement to a final EIS or generic EIS;
[2] upon failure of the lead agency's basis of jurisdiction; or
[3] upon agreement of the project sponsor, prior to the acceptance of a draft
EIS.
(b) Disputes concerning re- establishment of lead agency for a supplement to a final
EIS or generic EIS are subject to the designation procedures contained in § 176 -
6B(6) of this chapter.
(c) Notice of re- establishing of lead agency must be given by the new lead agency to
the project sponsor within 10 days of its establishment.
176 -7. DETERNMING SIGNIFICANCE
A. The lead agency must determine the significance of any Type I or Unlisted action in writing
in accordance with this section.47
(1) To require an EIS for a proposed action, the lead agency must determine that the
action may include the potential for at least one significant adverse environmental
impact.
(2) To determine that an EIS will not be required for an action, the lead agency must
determine either that there will be no adverse environmental impacts or that the
identified adverse environmental impacts will not be significant.
"The new CEQR determination of significance section consolidates §§ 176 -6H, 176 -6I, 176 -6J, and 176 -
11.
18
�r
B. For all Type I and Unlisted actions the lead agency making a determination of significance
must:
(1) consider the action as defined in §§ 176 -213 and 176 -3G of this chapter;
(2) review the EAF, the criteria contained in subdivision C of this section and any other
supporting information to identify the relevant areas of environmental concern;
(3) thoroughly analyze the identified relevant areas of environmental concern to determine
if the action may have a significant adverse impact on the environment; and
(4) set forth its determination of significance in a written form containing a reasoned
elaboration and providing reference to any supporting documentation.
C. Criteria for determining significance.
(1) To determine whether a proposed Type I or Unlisted action may have a significant
adverse impact on the environment, the impacts that may be reasonably expected to
result from the proposed action must be compared against the criteria in this
subdivision. The following list is illustrative, not exhaustive.48 These criteria are
considered indicators of significant adverse impacts on the environment:
(a) a substantial adverse change in existing air quality, ground or surface water
quality or quantity, traffic or noise levels; a substantial increase in solid waste
production; a substantial increase in potential for erosion, flooding, leaching or
drainage problems;
(b) the removal or destruction of large quantities of vegetation or fauna; substantial
interference with the movement of any resident or migratory fish or wildlife
species; impacts on a significant habitat area; substantial adverse impacts on a
threatened or endangered species of animal or plant, or the habitat of such a
species; or other significant adverse impacts to natural resources;
(c) the impairment of the environmental characteristics of a Critical Environmental
Area as designated pursuant to § .49
(d) the creation of a material conflict with the city's current plans or goals as
officially approved so
(e) the impairment of the character or quality of important historical, archeological,
architectural, or aesthetic resources or of existing community or neighborhood
character;
(f) a major change in the use of either the quantity or type of energy;
(g) the creation of a hazard to human health;
(h) a substantial change in the use, or intensity of use, of land including agricultural,
open space or recreational resources, or in its capacity to support existing uses;
(i) the encouraging or attracting of a large number of people to a place or places for
more than a few days, compared to the number of people who would come to
such place absent the action;
(j) the creation of a material demand for other actions that would result in one of
the above consequences;
48 Does Ithaca want to elaborate further? Or exhaust the criteria?
49 SEQR cites § 617.14(g) "Individual Agency Procedures." Ithaca may want to relocate these provisions,
especially if the city wants to be more environment- protective of CEAs than SEQR appears to be.
so Not only is this last clause not in SEQR, but its meaning seems vague.
19
(k) changes in two or more elements of the environment, no one of which has a
significant impact on the environment, but when considered together result in a
substantial adverse impact on the environment; or
(1) two or more related actions undertaken, funded or approved by an agency, non of
which has or would have a significant impact on the environment, but when
considered cumulatively would meet one or more of the criteria in this
subdivision.
(2) For the purpose of determining whether an action may cause one of the consequences
listed in paragraph (1) of this subdivision, the lead agency must consider reasonably
related long -term, short-term, direct, indirect and cumulative impacts, including other
simultaneous or subsequent actions which are:
(a) included in any long -range plan of which the action under consideration is a
part;
(b) likely to be undertaken as a result thereof; or
(c) dependent thereon.
(3) The significance of a likely consequence (i.e., whether it is material, substantial, large
or important) should be assessed in connection with :s'
(a) its setting (e.g. urban or rural);
(b) its probability of occurrence;
(c) its duration;
(d) its irreversibility;
(e) its geographic scope;
(f) its magnitude; and
(g) the number of people affected.
D. Conditioned negative declarations. -52
(1) For Unlisted actions involving an applicant, a lead agency may prepare a conditioned
negative declaration (CND) provided that it:
(a) has completed a full EAF;
(b) has completed a coordinated review in accordance with § 176 -6B(4) of this
chapter;
(c) has imposed CEQR conditions pursuant to § 176 -313 of this chapter that have
mitigated all significant environmental impacts and are supported by the full
EAF and any other documentation;
(d) has published a notice of a CND in ENB and a minimum 30 -day public comment
period has been provided. The notice must state what conditions have been
imposed. An agency may also use its own public notice and review procedures,
provided the notice states that a CND has been issued, states what conditions
have been imposed and allows for a minimum 30 -day public comment period;
and
(e) has complied with § 176 -713 and § 176 -12A and B of this chapter.
si CEQR includes these factors at § 176 -11A.
sz See CEQR § 176 -6I.
20
(2) A lead agency must rescind the CND and issue a positive declaration requiring the
preparation of a draft EIS if it receives substantive comments that identify :53
(a) The previeu-
potentially significant adverse environmental impacts that were not previously
identified and assessed or were inadequately assessed in the review; or
(b) The need fer- the examination of whe adequaey of the-pf-epesed mitigation
measures a substantial deficiency in the proposed mitigation measures.
(3) The lead agency must require an EIS if requested by the applicant.
E. Amendment of a negative declaration.
(1) At anytime prior to its decision to undertake, fund or approve an action, a lead
agency, at its discretion, may amend a negative declaration when substantive:
(a) changes are proposed for the project; or
(b) new information is discovered; or
(c) changes in circumstances related to the project arise;
that were not previously considered and the lead agency determines that no
significant adverse environmental impacts will occur.
(2) The lead agency must prepare, file and publish the amended negative declaration in
accordance with § 176 -12 of this chapter. The amended negative declaration must
contain reference to the original negative declaration and discuss the reasons
supporting the amended determination.
F. Rescission of negative declarations.54
(1) At any time prior to its decision to undertake, fund or approve an action, a lead agency
�
ciai
must rescind a negative declaration '`'• ' k .� .a •a""" ' " "" i
F eet ..,.,y. _",...�« when substantive changes are proposed for the project, or new
c[2G.Taiz[� -� c..a...�
information is discovered; or changes in circumstances related to the project arise
that were not previously considered and the lead agency determines that a significant
adverse environmental impact may result.
(2) Prior to any rescission, the lead agency must inform other involved agencies and the
project sponsor and must provide a reasonable opportunity for the project sponsor to
respond.
(3) If, following reasonable notice to the project sponsor, its determination is the same,
the lead must prepare, file and publish a positive declaration in accordance with §
176 -12 of this chapter.
(4) [The Common Council may decide to employ a qualified consultant to assist in or have
major responsibility for the preparation or review of environmental impact statements.
All studies, data, statements or other material developed by a consultant shall become
public property after the completion of the consultant's responsibilities.]
" The language in SEQR differs somewhat from the language in CEQR (old § 176- 6I(2)). SEQR seems
more clear.
54 See CEQR § 176 -6J.
21
(5) [The City Clerk shall establish and maintain a list of qualified consultants, which shall
be made available to applicants who may wish to hire a consultant to assist in the
preparation of environmental impact statements.]
176 -8. SCOPING
A. A formal scoping is optional. It may occur either at the initiation of the lead agency or at
the request of the applicant, prior to the acceptance of a draft EIS. If the aetion ifivolye."m
by the lead ageney to the appHeant and all involved agenetes vnit—bin 30 ealendaf
[Scoping may be accomplished
through meeting(s) exchanges of written material or other methods] that will fillow the le-a-d
.4ft4lieevent-that the lead ageney fails to pro-vide a written seepe of issuess
B. If scoping is conducted, the project sponsor must submit a draft scope that contains the
items identified in section 176 -8F(1) through (S) of this section to the lead agency. The
lead agency must provide a copy of the draft scope to all involved agencies, and make it
available to any individual or interested agency that has expressed an interest in writing to
the lead agency.55
C. If scoping is not conducted, the project sponsor may prepare a draft EIS for submission to
the lead agency.
D. Involved agencies should provide ' written comments
reflecting their concerns, jurisdictions and information needs sufficient to ensure that the
EIS will be adequate to support their CEQR findings. Failure of an involved agency to
participate in the scoping process will not delay completion of the final written scope of
issues. [At the discretion of the lead agency, other interested agencies and the public56 may
be invited to participate in the scoping process. The lead agency's methods for obtaining
scoping information should reflect the complexity of the project, the degree of public
concern and the significance of the environmental impacts.]
E. . Scoping must include an opportunity for public participation. The lead agency may either
provide a period of time for the public to review and provide written comments on a draft
scope or provide for public input through the use of meetings, exchanges of written
material, or other means.
F. The lead agency must provide a final written scope to the project sponsor, all involved
agencies and any individual that has expressed an interest in writing to the lead agency
within 60 days of its receipt of a draft scope .57 The final written scope should include: 58
(1) a brief description of the proposed action;
(2) the potentially significant adverse impacts identified both in the positive declaration
55 These procedures differ from CEQR outlined in paragraph A above.
56 see paragraph E below.
57 This replaces CEQR's language: "When scoping occurs, the lead agency shall try to identify each
relevant issue during the scoping process and provide the preparer of the EIS with the greatest possible
specificity so that the environmental review process may proceed in an efficient manner." § 176 -7C.
58 This itemized list replaces: "scoping should identify the extent and quality of information needed for the
preparer to properly address each concern. Scoping may also be used to determine which issues are not
relevant for further consideration or have been covered by prior environmental review. Scoping should
also identify the reasonable alternatives to the proposed action." § 176 -71).
22
and as a result of consultation with the other involved agencies and the public,
including an identification of those particular-aspect(s) of the environmental setting
that may be impacted;
(3) the extent and quality of information needed for the preparer to adequately address
each impact, including an identification of relevant existing information, and required
new information, including the required methodology(ies) for obtaining new
information;
(4) an initial identification of mitigation measures;
(5) the reasonable alternatives to be considered,
(6) an identification of the information/data that should be included'in an appendix
rather than the body of the draft EIS; and
(7) those prominent issues that were raised during scoping and determined to be not
relevant or not environmentally significant or that have been adequately addressed in
a prior environmental review.
G. ... if the lead ageney later- deteffflines that issues fiet hieluded widiin the eeping deetunen
should be kic4uded in the E48, it must pfevide the appheant and the involved ageneies wif—h
written statement the All relevant issues should be-.
raised before the issuance of a final written scope. Any agency or person raising issues
after that time must provide to the lead agency and project sponsor a written statement that
identifies:
(1) the nature of the information;
(2) the importance and relevance of the information to a potential significant impact;
(3) the reason(s) why the* information was not identified during. scoping and why it should
be included at this stage of the review.
H. The project sponsor may incorporate information submitted consistent with § 176 -8G of
this section into the draft EIS at its discretion. Any substantive information not incorporate
into the draft EIS must be considered as public comment on the draft EIS.
I. If the lead agency fails to provide a final written scope within 60 calendar days of its
receipt of a draft scope, the project sponsor may prepare and submit a draft EIS consistent
with the submitted draft scope.
176 -9. PREPARATION AND CONTENT OF ENVIRONMENTAL IMPACT STATEMENTS
A. Environmental impact statement procedures.59
(1) The project sponsor or the lead agency, at the project sponsor's option, will prepare the
draft EIS. If the project sponsor does not exercise the option to prepare the draft EIS,
the lead agency will prepare it, cause it to be prepared or terminate its review of the
action. A fee may be charged by the lead agency for preparation or review of an EIS
pursuant to § 176 -13 of this chapter. When the project sponsor prepares the draft EIS,
the document must be submitted to the lead agency.60
(2) it shall be submitted te the lead ageney, whieh, using the wfitten seepe issues, •
uT
. The
lead agency will use the final written scope, if any, and the standards contained in this
59 SEQR consolidates § 176 -8 and § 176 -14 and renumbers the provisions.
60 CEQR includes this sentence in § 176- 813(1), but substantively the same.
23
section to determine whether to accept the draft EIS as adequate with respect to its
scope and content for the purpose of commencing public review. This determination
bust be made in accordance with the standards in this section within 45 days of receipt
of the draft EIS.
b
HIS.61
-- adequaey of the dmA
(a) If the lead agency determines the draft EIS is inadequate, the lead must identify
in writing the deficiencies and provide this information to the project sponsor .6'-
(b) The lead agency must determine whether to accept the resubmitted draft EIS
within 30 days of its receipt.
(3) When the lead agency has completed a draft EIS or when it has determine that a draft
EIS prepared by a project sponsor is adequate for public review, the lead agency must
prepare, file and publish a notice of completion of the draft EIS and file copies of the
draft EIS in accordance with the requirements set forth in § 176 -12 of this chapter.
The minimum public comment period on the draft EIS is 30 days. The comment
period begins with the first filing and circulation of the notice of completion.
(4) When the lead agency has completed a draft EIS or when it has determined that a draft
EIS prepared by a project sponsor is adequate for public review, the lead agency will
determine whether or not to conduct a public hearing concerning the action. In
determining whether or not to hold a CEQR hearing, the lead agency will consider:
the degree of interest shown by the public or involved agencies; whether substantive or
significant adverse environmental impacts have been identified; the adequacy of the
mitigation measures and alternatives proposed; and the extent to which a public
hearing can aid the agency decision - making processes by providing a forum for, or an
efficient mechanism for the collection of, public comment. If a hearing is to be held:
(a) the lead agency must prepare and file a notice of hearing in accordance with § §
176 -12A and B of this chapter. Such notice may be contained in the notice of
completion of the draft EIS. The notice of hearing must be published, at least 14
calendar days in advance of the public hearing, in a newspaper of general
circulation in the area of the potential impacts of the action;
(b) the hearing will commence no less than 15 calendar days or no more than 60
calendar days after the filing of the notice completion of the draft EIS by the lead
agency pursuant to § 176 -12B of this chapter. When a CEQR hearing is to be
held, it should be conducted with other public hearings on the proposed action,
whenever practicable; and
(c) comments will be received and considered by the lead agency for no less than 30
calendar days from the first filing and circulation of the notice of completion, or
no less than 10 calendar days following a public hearing at which the
environmental impacts of the proposed action are considered, whichever is later.
(5) Except as provided in subparagraph (a) of this paragraph, the lead agency must
prepare or cause to be prepared and must file a final EIS, within 45 calendar days after
the close of any hearing or within 60 calendar days after the filing of the draft EIS,
whichever occurs later.
(a) No final EIS need be prepared if.•
61 SEQR consolidates the two 30 day periods into one 45 day period.
62 I have written this sentence in the active voice. Both SEQR and CEQR read: "It the draft EIS is
determined to be inadequate, the lead agency must identify in writing the deficiencies and provide this
information to the project sponsor."
24
[1] the proposed action has been withdrawn; or
[2] on the basis of the draft EIS, and comments made thereon, the lead agency
has determined that the action will not have a significant adverse impact on
the environment. A negative declaration must then be prepare, filed and
published in accordance with § 176 -12 of this chapter.
(b) The last date for preparation and filing of the final EIS maybe extended:
[1] if it is determined that additional time is necessary to prepare the statement
adequately; or
[2] if problems with,the proposed action requiring material reconsideration or
modification have been identified.
(6) When the lead agency has completed a final EIS, it must prepare, file and publish a
notice of completion of the final EIS and file copies of the final EIS in accordance with
§ 176 -12 of this chapter.
(7) Supplemental EISs.
(a) The lead agency may require a supplemental EIS, limited to the specific
significant adverse environmental impacts not addressed or inadequately
addressed in the EIS that arise from:
[1] changes proposed for the project
or
[2] newly discovered information about signifleant advefse effeets; or
[3] a change in circumstances related to the project whieh fnay result in
(b) The decision to require preparation of a supplemental EIS, in the case of newly
discovered information, must be based upon the following criteria:
[1] the importance and relevance of the information; and
[2] the present state of the information in the EIS.
(c) If a supplement is required, it will be subject to the full procedures of this
chapter.
B. Environmental impact statement content 64
(1) An EIS should must assemble relevant and material facts upon which an agency's
decision is to be made. It must analyze the significant adverse impacts and evaluate
all reasonable alternatives. EISs must be analytical and not encyclopedic. The lead
agency and other involved agencies must cooperate with project sponsors who are
preparing EIS's by making available to them information contained in their files
relevant to the EIS.
(2) EISs should must be clearly and concisely written in plain language that can be read
and understood by the public. Within the framework presented in paragraph 176 -
9B(5) of this subdivision, EISs should address only those potential significant adverse
of- -benef vial environmental impacts that can be reasonably anticipated and/or have
been identified in the scoping process. EISs should not contain more detail than is
appropriate considering the nature and magnitude of the proposed action and the
significance of its potential impacts. Highly technical material should be summarized
63 The criteria for supplemental EISs in § 176- 9A(7)(b) arguably makes this language redundant.
64 See CEQR § 176 -14.
25
and, if it must be included in its entirety, should be referenced in the statement and
included in an appendix.
(3) All draft and final EISs must be preceded by a cover sheet stating:
(a) whether it is a draft or final EIS;
(b) the name or descriptive title of the action;
(c) the location (county and town, village or city) and street address, if applicable,
of the action;
(d) the name and address of the lead agency and the name and telephone number of
a person at the agency who can provide further information;
(e) the names of individuals or organizations that prepared any portion of the
statement;
(f) the date of its acceptance by the lead agency; and
(g) in the case of a draft EIS, the date by which comments must be submitted.
(4) A draft or final EIS must have a table of contents following the cover sheet and a
precise summary which adequately and accurately summarizes the statement.
(5) The format of the draft EIS may be flexible; however, all draft EISs must include the
following elements:
(a) a concise description of the proposed action, its purpose, public need and
benefits, including social and economic considerations;
(b) a concise description of the environmental setting of the areas to be affected,
sufficient to understand the impacts of the proposed actions and alternatives;
(c) a statement and evaluation of the potential significant adverse environmental
impacts at a level of detail that reflects the severity of the impacts and the
reasonable likelihood of their occurrence. The draft EIS should identify and
discuss the following only where applicable and significant:
[1] reasonably related short-term and long -term impacts, cumulative impacts
and other associated environmental impacts;
[2] those adverse environmental impacts that cannot be avoided or adequately
mitigated if the proposed action is implemented;
[3] any irreversible and irretrievable commitments of environmental resources
that would be associated with the proposed action should it be implemented;
[4] any growth - inducing aspects of the proposed action;
[5] impacts of the proposed action on the use and conservation of energy (for an
electric generating facility, the statement must include a demonstration that
the facility will satisfy electric generating capacity needs or other electric
systems needs in a manner reasonably consistent with the most recent state
energy plan);
[6] impacts of the proposed action on solid waste management and its
consistency with the sate or locally adopted solid waste management plan;
and
[7] impacts of public acquisitions of land or interests in land or funding for
non -farm development on lands used in agricultural production and unique
and irreplaceable agricultural lands within agricultural districts pursuant to
26
subdivision 4 of section 305 of article 25 -AA of the Agriculture and markets
Law.;
(d) a description of the mitigation measures;
(e) a description and evaluation of the range of reasonable alternatives to the action
that are feasible, considering the objectives and capabilities of the project
sponsor. The description and evaluation of each alternative should be at a level
of detail sufficient to permit a comparative assessment of the alternative. The no
action alternative discussion should evaluate the adverse or beneficial site
changes that are likely to occur in the reasonably foreseeable future, in the
absence of the proposed action. 77te range of alternatives may also include, as
appropriate, alternative:
[1] sites;
[2] technology;
[3] scale or magnitude;
[4] design;
[5] timing;
[6] use; and
[7] types of action.
For private project sponsors, any alternative for which no discretionary
approvals are needed may be described. Site alternatives may be limited to
parcels owned by, or under option to, a private project sponsor;
(f) a list of any underlying studies, reports, EISs and other information obtained
and considered in preparing the statement including the final written scope.
(6) In addition to the analysis of significant adverse impacts required in § 176- 9B(5)(c), if
information about reasonably foreseeable catastrophic impacts to the environment is
unavailable because the cost to obtain it is exorbitant, or the means to obtain it are
unknown, or there is uncertainty about its validity, and such information is essential to
an agency's CEQR findings, the EIS must:
(a) identify the nature and relevance of unavailable or uncertain information;
(b) provide a summary of existing credible scientific evidence, if available. and
(c) assess the likelihood of occurrence, even if the probability of occurrence is low,
and the consequences of the potential impact, using theoretical approaches or
research methods generally accepted in the scientific community.65
(7) A draft or final EIS may incorporate by reference all or portions of other documents,
including EISs that contain information relevant to the statement. The referenced
documents must be made available for inspection by the public within the time period
for public comment in the same places where the agency makes available copies of the
EIS. When an EIS incorporates by reference, the referenced document must be briefly
described, its applicable findings summarized, and the date of its preparation provided.
65 SEQR includes the following language: "This analysis would likely occur in the review of such actions
as an oil supertanker port, a liquid propane gas/liquid natural gas facility, or the siting of a hazardous
waste treatment facility. It does not apply in the review of such actions shopping malls, residential
subdivisions or office facilities." Does Ithaca want to be more precise about this distinction? Or make it at
all?
27
(8) A final EIS must consist of: the draft EIS, including any revisions or supplements to it;
copies or a summary of the substantive comments received and their source (whether
or not the comments were received in the context of a hearing); and the lead agency's
responses to all substantive comments.
(9) The draft EIS may be directly incorporated into the final EIS or may be incorporated
by reference. The lead agency is responsible for the adequacy and accuracy of the final
EIS, regardless of who prepares it. All revisions and supplements to the draft EIS must
be specifically indicated and identified as such in the final EIS.
176 -10. GENERIC ENVIRONMENTAL D4PACT STATEMENTS
A. Generic EISs may be broader, and more general than site or project specific EISs and
should discuss the logic and rationale for the choices advanced. They may also include an
assessment of specific impacts if such details are available. They may be based on
conceptual information in some cases. They may identify the important elements of the
natural resource base as well as the existing and projected cultural features, patterns and
character. They may discuss in general terms the constraints and consequences of any
narrowing of future options. They may present and analyze in general terms a few
hypothetical scenarios that could and are likely to occur. A generic EIS may be used to
assess the environmental impacts of.,
(1) a number of separate actions in a given geographic area which, if considered singly,
may have minor effeets impacts, but if considered together may have significant ef€eets
impacts; or
(2) a sequence of actions, contemplated by a single agency or individual;
(3) separate actions having generic or common impacts; or
(4) an entire program or plan having wide application or restricting the range of future
alternative policies or projects, including new or significant changes to existing land
use plans, development plans, zoning regulations or agency comprehensive resource
management plans. 66
B. In particular, agencies may prepare generic EISs on new,
e:x4s-fing land use plans, development plans and zoning reguJajjL9n;9 stg 1hai in&vidual
the adoption of a
comprehensive plan prepared in accordance with subdivision 4, section 28 -a of the General
City Law and the implementing regulations. Impacts of individual actions proposed to be
carried out in conformance with these adopted plans and regulations and the thresholds or
conditions identified in the generic EIS may require no or limited SEQR review as
described in subdivisions C and D of the section.
C. Generic EISs and their findings should set further specific conditions or criteria under
which future actions will be undertaken or approved, and shall ll ifielIIQGeroccdur -ei and
including requirements for any
subsequent SEQR compliance. This may include prevismiens f€
thresholds and criteria for supplemental EISs to reflect
specific significant impacts, such as site specific impacts, that were not adequately
addressed or analyzed in the generic EIS.67
66 SEQR § 617.10(a) combines CEQR § 176A and § 176E.
67 N.B. The public comment provision is absent in SEQR and inclusion of supplemental thresholds is
28
D. When a final generic EIS has been filed under this chapter:
(1) No further SEQR compliance is required if a subsequent proposed action will be
carried out in conformance with the conditions and thresholds established for such
actions in the generic EIS or its findings statement;
(2) An supplemental amended findings statement must be prepared if the subsequent
proposed action was adequately addressed in the generic. EIS but was not addressed or
was not adequately addressed in the findings statement for the generic EIS;
(3) A negative declaration must be prepared if a subsequent proposed action was not
addressed or was not adequately addressed in the generic EIS and the subsequent
action will not result in any significant environmental impacts;
(4) A supplement to the final generic EIS must be prepared if the subsequent proposed
action was not addressed or was not adequately addressed in the generic EIS and the
subsequent action may have one or more significant adverse environmental impacts.68
E. In connection with projects that are to be developed in phases or stages, agencies should
address not only the site specific impacts of the individual project under consideration, but
also, in more general or conceptual terms, the cumulative impacts on the environment and
the existing natural resource base of subsequent phases of a larger project or series or
projects that may be developed in the future. In these cases, this part of the generic EIS
must discuss the important elements and constraints present in the natural and human fflade
cultural environment that may bear on the conditions of an agency decision on the
immediate project
176 -11. DECISION -MAKING AND FINDINGS REQUIREMENTS
A. Prior to the lead agency's decision on an action that has been the subject of a final EIS, it
shall afford agencies and the public a reasonable time period (not less than 10 calendar
days) in which to consider the final EIS before issuing its written findings statement. If a
project modification or change of circumstance related to the project requires a lead or
involved agency to modem its decision substantially„ findings may be amended and filed in
accordance with § 176 -12B of this chapter.
B. In the case of an action involving an applicant, the lead agency's filing of a written findings
statement and decision on whether or not to fund or approve an action must be made within
30 calendar days after the filing of the final EIS.
C. No involved agency may make a final decision to undertake, fund, approve or disapprove a
action that has been the subject of a final EIS [under CEQR, SEQR or the National
Environmental Policy Act (NEPA)], until the time period provided in § 176 -11A of this
section has passed and the agency has made and filed, in aeeefdanee • ith § 176 10G of t
ehapteF a written findings statement. Findings and a decision may be made simultaneously
D. Findings must:
(1) consider the relevant
environmental impacts, facts and conclusions disclosed in the final EIS;
(2) weigh and balance relevant environmental impacts with social, economic and other
consideration;
optional.
68 SEQR reverses the order of subsections (3) and (4).
29
(3)
of its provide a rationale or the agency's P f g cy's decision;
(4) certify that the requirements of this chapter have been met;
(5) certify that consistent with social, economic and other essential considerations from
among the reasonable alternatives available, the action is one that avoids or minimizes
adverse environmental impacts to the maximum extent practicable, and that adverse
environmental impacts will be avoided or minimized to the maximum extent
practicable by incorporating as conditions to the decision those mitigative measures
that were identified as practicable. 69
MIN
176 -12. DOCUMENT PREPARATION, FILING, PUBLICATION AND DISTRIBUTION
The following CEQR documents must be prepared, filed, published and made available as
prescribed in this section.
A. Preparation of documents.
(1) Each negative declaration, positive declaration, notice of completion of an EIS, notice
of hearing and findings must state that it has been prepared in accordance with article
8 of the Environmental Conservation Law, [and Chapter 176 of the Code of the City of
Ithaca] and must contain: the name and address of the lead agency; the name, address
and telephone number of a person who can provide additional information; a brief
description of the action; the CEQR classification; and, the location of the action.
(2) In addition to the information contained in paragraph A(1) of this subdivision:
(a) A negative.declaration must meet the requirement of § 176 -713 of this chapter. A
conditioned negative declaration must also identify the specific conditions being
imposed that have eliminated or adequately mitigated all significant adverse
environmental impacts and the period, not less than 30 calendar days, during
which comments will be accepted by the lead agency.
(b) A positive declaration must identify the potential significant adverse
environmental impacts that require the preparation of an EIS and state whether
scoping will be conducted.
(c) A notice of completion must identify the type of EIS (draft, final, supplemental,
generic) and state where copies of the document can be obtained. For a draft EIS
the notice must include the period (not less than 30 calendar days following a
public hearing on the draft EIS) during which comments will be accepted by the
lead agency.
(d) A notice of hearing must include the time, date, place and purpose of the hearing
and contain a summary of the information contained in the notice of completion.
The notice of hearing may be combined with the notice of completion of the draft
69 SEQR combines CEQR §§ 176 -9C(3) and (4).
70 This provision is incorporated in § 176 -11C above.
30
EIS.
(e) Findings must contain the information required by §§ 176 -11D and E of this
chapter.
B. Filing and distribution of documents.
(1) A Type I negative declaration, conditioned negative declaration, positive declaration,
notice of completion of an EIS, EIS, notice of hearing and findings must be filed with:
(a) the chief executive officer of the political subdivision in which the action will be
principally located;
(b) the lead agency;
(c) all involved agencies;
(d) any person who has requested a copy; and
(e) if the action involves an applicant, with the applicant.
(2) A negative declaration prepared on an Unlisted action must be tiled with the lead
agency.
(3) All CEQR documents and notice, including, but not limited to, EAFs, negative
declarations, positive declarations, scopes notices of completion of an EIS, EISs,
notices of hearing and findings must be maintained in files that are readily accessible
to the public and made available on request.
(4) The lead agency may charge a fee to persons requesting documents to recover its
copying costs.
(5) If sufficient copies of the EIS are not available to meet public interest, the lead agency
must provide an additional copy of the documents to the local public library.
(6) A copy of the EIS must be sent to the Department of Environmental Conservation,
Division of Regulatory Services, 50 Wolf Road, Albany, NY 12233 -1750.
C. Publication of notices.
(1) Notice of a Type I negative declaration, conditioned negative declaration, positive
declaration and completion of an EIS must be published in the Environmental Notice
Bulletin (ENB) in a manner prescribed by the department. Notice must be provided by
the lead agency directly to Business Environment Publications, 6 Sevilla Drive, Clifton
Park, NY 12065 -5013 for publication in the ENB.
(2) A notice of hearing must be published, at least 14 days in advance of the hearing date,
in a newspaper of general circulation in the area of the potential impacts of the action.
For state agency actions that apply statewide this requirement can be satisfied by
publishing the hearing notice in the ENB and the State Register.
(3) Agencies may provide for additional public notice by posting on sign boards or by
other appropriate means.
(4) Notice of a negative declaration must be incorporated once into any other subsequent
notice required by law. This requirement can be satisfied by indicating the CEQR
classification of the action and the agency's determination.
176 -13. FEES AND COSTS
A. When an action subject to this chapter involves an applicant, the lead agency may charge a
fee to the applicant in order to recover the actual costs of either preparing or reviewing the
draft and/or final EIS
31
The fee may include a chargeback to recover a
proportion of the lead agency's actual costs expended for the preparation of a generic EM
prepared pursuant to section 176 -10 of this chapter for the geographic area where the
applicant's project is located. The chargeback may be based on the percentage of the
remaining developable land or the percentage of road frontage to be used by the project, or
any other reasonable methods. "m applieafit -- eta eh e fee fiof both L
�! ^ga, u ia,�
The fee must not exceed the amounts allowed under
subdivisions B through D of this section. If the lead agency charges for preparation of a
draft and/or final EIS, it may not also charge for review; if it charges for review of a draft
and/or final EIS, it may not also charge for preparation. Scoping will be considered part of
the draft EIS for purposes of determining a CEQR fee; no fee may be charged for
preparation of an EAF or determination of significance.
B. For residential projects, the total project value will be calculated on the actual purchase
price of the land or the fair market value of the land (determined by assessed valuation
divided by equalization rate) whichever is higher, plus the cost of all required site
improvements, not including the cost of buildings and structures, as determined with
reference to a current cost data publication in common use. In the case of such projects,
the fee charged by an agency may not exceed two percent of the total project value .71
C. For nonresidential construction projects, the total project value will be calculated on the
actual purchase price of the land or the fair market value of the land (determined by the
assessed valuation divided by equalization rate) whichever is higher, plus the cost of
supplying utility service to the project, the cost of site preparation and the cost of labor and
material as determined with reference to a current cost data publication in common use. In
the case of such projects the fee charged may not exceed one half of one percent of the total
project value.
D. For projects involving the extraction of minerals, the total project value will be calculated
on the cost of site preparation for mining. Site preparation cost means the cost of clearing
and grubbing and removal of over - burden for the entire area to be mined plus the cost of
utility services and construction of access roads. Such costs are determined with reference
to a current cost data publication in common use. The fee charged by the agency may not
exceed one half of one percent of the total project value. For those costs to be incurred for
phases occurring three or more years after issuance of a permit, the total project value will
be determined using a present value calculation.
E. Where an applicant chooses not to prepare a draft EIS, the lead agency will provide the
applicant, upon request, with an estimate of the costs for preparing the draft EIS calculated
on the total value of the project for which funding or approval is sought.
F. "Appeals procedure". When a dispute arises concerning fees charged to an applicant by a
lead agency, the applicant may make a written request to the agency setting forth reasons
why it is felt that such fees are inequitable. Upon receipt of a request the chief fiscal officer
of the agency or his/her designee will examine the agency record and prepare a written
response to the applicant setting forth reason why the applicant's claims are valid or
invalid. Such appeal procedure must not interfere with a cause delay in the EIS process or
prohibit an action from being undertaken.
G. The technical services of the department may be made available to other agencies on a fee
basis, reflecting the costs thereof, and the fee charged to any applicant pursuant to this
section may reflect such costs.
71 CEQR uses the term "cost' and provides no equation.
32
176 -14. INDIVIDUAL AGENCY PROCEDURES TO IMPLEMENT CEQR 12
A. Agencies may find it helpful to seek the advice and assistance of other agencies, groups
and persons on CEQR matters, including the following:
(1) advice on preparation and review of EAF's;
(2) recommendations on the significance or non - significance of actions;
(3) preparation and review of EISs and recommendations on the scope, adequacy, and
contents of EISs;
(4) preparation and filing of CEQR notices and documents;
(5) conduct of public hearings; and
(6) recommendations to decisionmakers.
B. Agencies are strongly encouraged to enter into cooperative agreements with other agencies
regularly involved in carrying out or approving the same actions for the purposes of
coordinating their procedures.
C. All agencies are subject to the lists of Type I and Type II actions contained in this chapter,
and must apply the criteria provided in § 176 -7C of this chapter. In addition, agencies may
adopt their own lists of Type I actions, in accordance with § 176 -4 of this chapter and their
own lists of Type II actions in accordance with § 176 -5 of this chapter.73
D. Every agency that adopts, has adopted or amends SEQR [or CEQRJ procedures must, after
public hearing, file them with the commissioner, who will maintain then to serve as a
resource for agencies and interested persons. The commissioner will provide notice in the
ENB of such procedures upon filing. All agencies that have promulgated their own SEQR
[or CEQRJ procedures must review and bring them into conformance with this chapter.
Until agencies do so, their procedures, where inconsistent or less protective, are
superseded by SEQR [and this chapter].
E. The Common Council may designate a specific geographic area within its boundaries as a
critical environmental area (CEA). A state agency may also designate as a CEA a specific
geographic area that is owned or managed by the state or is under its regulatory authority.
Designation of a CEA must be preceded by written public notice and a public hearing. The
public notice must identify the boundaries and the specific environmental characteristics of
the area warranting CEA designation. Any Unlisted aefien in a GE-" must be tfeated as
74
Type 1 aetion by any involved b
(1) To be designated as a CEA, an area must have an exceptional or unique character,
covering one or more of the following:
(a) a benefit or threat to human health;
(b) a natural setting (e.g. fish and wildlife habitat, forest and vegetation, open space
and areas of important aesthetic or scenic quality);
72 SEQR includes two enabling provisions. Localities can amend and/or adopt regulations to implement
SEQR. There are restrictions (i.e. cannot impose unreasonable delay). See SEQR § 617.14(a) and (b).
Some of these provisions are included in CEQR's "General Rules" section.
73 Ithaca may want to strike this provision if it wants the whole city to be bound by the same Type I an
Type II lists.
74 The rest of § 176 -14 deals with CEAs (see CEQR § 176 -4). Ithaca can choose to retain CEA trigger of
Type I status, but if it should choose to do so, then the provisions should be moved, probably to the Type I
list.
33
(c) agricultural, social, cultural, historic, archeological, recreational, or educational
values; or
(d) an inherent ecological, geological or hydrological sensitivity to change that may
be adversely affected by an y change.
(2) Notification that an area has been designated as a CEA must include a map at an
appropriate scale to readily locate the boundaries of the CEA, the written justification
supporting the designation, and proof of public hearing and, must be filed with:
(a) the commissioner;
(b) the appropriate regional office of the department; and
(c) any other agency regularly involved in undertaking, funding or approving actions
in the municipality in which the area has been designated.
(3) The designation shall take effect 30 days after filing with the commissioner. [The
filing must contain a map at an appropriate scale to readily locate the boundaries of
the CEA.] Each designation of a CEA must be published in the ENB by the
department and the department will serve as a clearinghouse for information on CEAs.
(4) Following designation, the potential impact of any Type I or Unlisted Action on the
environmental characteristics of the CEA is a relevant area of environmental concern
and must be evaluated in the determination of significance prepared pursuant to §
176 -7 of this chapter.75
176 -15. ACTIONS INVOLVING A FEDERAL AGENCY
A. When a draft and final EIS for an action has been duly prepared under the National
Environmental Policy Act of 1969, an agency ill have has no obligation to prepare an
additional EIS under this chapter, provided that the federal EIS is sufficient to make
findings under section 176 -11 of this chapter. However, exempt in the case of ex
exempt or-Type II actions listed in section 176 -5 of this chapter, no involved agency may
undertake, fund or approve the action until the federal final EIS has been completed and the
involved agency has made the findings prescribed in section 176 -11 of this chapter.
B. Where a finding of no significant impact (FNSI) or other written threshold determination
that the action will not require a federal impact statement has been prepared under the
National Environmental Policy Act of 1969, the determination will not automatically
constitute compliance with CEQR. In such cases, state and local agencies remain
responsible for compliance with CEQR.
C. In the case of an action involving a federal agency for which either a federal FNSI or a
federal draft and final EIS has been prepared, except where otherwise required by law, a
final decision by a federal agency will not be controlling on any state or local agency
decision on the action, but may be considered by the agency.
176 -16. CONFIDENTIALITY
A. When a project sponsor submits a completed EAF, draft or final EIS, or otherwise provides
information concerning the environmental impacts of a proposed project, the project
75 If Ithaca chooses to preserve the trigger effect of CEAs, then this provision will probably have to be
struck. However, the city could preserve both the Type I trigger effect and incorporate the "relevant
concern" which "must be evaluated in the determination of significance."
34
sponsor may request, consistent with the Freedom of Information Law (FOIL), article 6 of
the Public Officers Law, that specifically identified information be held confidential. Prior
to divulging any such information, the agency must notify the applicant of its determination
of whether or not it will hold the information confidential.
176 -17. REFERENCED MATERIAL
The following referenced documents have been filed with the New York State Department of
State. The documents are available from the Superintendent of Document, U.S. Government
Printing Office, Washington, DC 20402 and for inspection and copying at the Department of
Environmental Conservation, 50 Wolf Road, Albany, New York 12233 -1750.
(1) National Register of Historic Place, (1994), 36 Code of Federal Regulation (CFR)
Parts 60 and 63.
(2) Register of National Natural Landmarks, (1994), 36 Code of Federal Regulation
(CFR) Part 62.
176 -18. SEVERABILITY
If any provision of this chapter or its application to any person or circumstance is determined to
be contrary to law by a court of competent jurisdiction, such determination shall not affect or
impair the validity of the other provisions of this chapter or the application to other persons and
circumstances.
176 -19. EFFECTIVE DATE
176 -20. APPENDICES
35
MEMORANDUM
Implications and Opportunities
of the
New York State Environmental Quality Review Regulatory Changes
for the
City of Ithaca's Environmental Quality Review Ordinance
Prepared by Mark Little, Legal Intern, City Attorney and Planning Department
On behalf of City of Ithaca, September 3, 1996
The New York State legislature authorized the implementation of the State Environmental
Quality Review regulations, recognizing that all agencies are "stewards of the air, water,
land, and living resources, and that they have an obligation to protect the environment...
for future generations. "` The City of Ithaca followed suit, incorporating environmental
concerns in agency decision- making.2 Both laws require scrutiny of environmental
impacts of public and private actions.
Effective January 1, 1996, the New York State Environmental Quality Review regulations
(SEQR)3 alter the environmental review process for all state and local agencies.4 As a
local agency with its own environmental review procedures, the City of Ithaca must
reassess the City Environmental Quality Review ordinance (CEQR). This memorandum
summarizes the differences between the new SEQR and the present CEQR. Part I
"Environmental Review in Brief' summarizes the steps for environmental review under the
new SEQR. Since the SEQR revisions are sweeping, this memo identifies two categories
of changes for CEQR. Part II of the memo, "Non- discretionary Changes," describes
changes which the City of Ithaca must make to comply with the state law. Part III,
"Discretionary Changes," outlines two types of discretionary changes: housecleaning and
substantive. The housecleaning changes concern the structure of the regulations
themselves as well as timelines for review. The substantive, discretionary changes will
' N.Y. COMP. CODES R. & REGS. tit. 6, § 617.1(b) (Reprinted 1992).
2ITHACA, NY., ENVIRONMENTALQUALITYREvIEw CODE chapter 176 -1C (1991).
3 6 NYCRR § 617.1 et seq. (1996). Adopted pursuant §§ 3- 0301(1)(b), 3- 0301(2)(m) and 8 -0113.
`Including all political subdivisions, districts, departments, authorities, boards, commissions and public
benefit corporations.
Page 2
require further discussion among interested parties. This memo will outline some broad
possibilities for this last category.
I. ENVIRONMENTAL REVIEW IN BRIEF
The core of SEQR and CEQR is the environmental impact statement (EIS). The central
questions are whether an action requires an EIS and what will the EIS include. No agency
can undertake, fund or approve an action until it complies with the provisions of SEQR.S
There are nine steps to comply with SEQR. Step One: is there an "action" to review? The
definition of "action" in SEQR covers (1) physical activities affecting the appearance, use
or condition of the environment, and (2) adopting internal agency provisions or plans that
may affect the environmen _
Step Two: if there is an action for review, the action must be categorized as either Type I,
Unlisted or Type II. SEQR presumes that Type I actions may have significant
environmental impact.7 Although agencies must still make a determination of
significance,$ it is more likely than not that actions on the Type I list will be subject to an
'6 NYCRR § 617.3(c) (1996).
6 § 617.2(b) "Actions" include:
1. Projects or physical activities, such as construction or other activities that may affect
the environment by changing the use, appearance or condition of any natural resource or
structure, that:
(i) are directly undertaken by an agency; or
(ii) involve funding by an agency; or
(iii) require one or more new or modified approvals from an agency or
agencies;
(2) agency planning and policy making activities that may affect the environment and
commit the agency to a definite course of future decisions;
(3) adoption of agency rules, regulations and procedures, including local laws, codes,
ordinances, executive orders and resolutions that may affect the environment; and
(4) any combinations of the above.
' 6 NYCRR § 617.4(a)(1) (1996).
8 Id.
Page 3
EIS. Unlisted actions may or may not require an EIS. The lead agency must first
determine whether the action is "significant.i9 If the lead agency determines that there is a
significant effect on the environment, then SEQR requires an EIS for that action. Finally,
Type II actions cannot be subject to environmental review. 10
Step Three: one agency must be principally responsible for determining whether the action
requires an EIS and for the filing of the findings statement. This agency is called the "lead
agency."
Step Four: the lead agency must determine the significance of either Type I or Unlisted
actions." There are specific procedures for making the determination of significance. 12 In
Particular, SEQR requires agencies to use certain criteria for their decision - making. The
list of criteria, however, is illustrative, not exhaustive. 13 Agencies must consider
"reasonably related long -term, short-term, direct, indirect and cumulative impacts,
including other simultaneous or subsequent actions....s14 SEQR also lists additional
considerations like setting, probability, duration, irreversibility, et cetera.15 Based on these
considerations the lead agency must make either a "positive declaration" (there may be a
significant adverse impact on the environment) or a "negative declaration" (there is no
impact on the environment or the impact is not significant). If the action is Unlisted, then
91d For Unlisted actions agencies employ either short or full Environmental Assessment Forms. 6
NYCRR § 617.6(a)(3) & (4) (1996). The EAFs are not the same as an EIS.
10 6 NYCRR § 617.5(a) (1996). This list is expanded from the prior state list and the City of Ithaca's list.
116 NYCRR § 617.7(a) (1996).
12 see § 617.7(b)(1) -(4).
13 6 NYCRR § 617.7(c)(1)(i) -(xii) (1996).
i4 6 NYCRR § 617.7(c)(2) (1996).
i5 6 NYCRR § 617.7(c)(3) (1996).
Page 4
the agency may also issue a "conditioned negative declaration" (CND). 16 A CND means
that there is no significant adverse impact if the agency or project sponsor adopts specified
mitigation measures.
Step Five: the lead agency and the project sponsor, along with public participation, may
enter a scoping session where they identify the issues which the EIS will address. The
purpose of scoping is to identify relevant issues and focus the inquiry early. While the
scoping process is optional, the final written scope must state the issues in particular."
Step Six: either the lead agency or the project sponsor must prepare a draft EIS (DEIS) at
the project sponsor's option. 18 A draft EIS should be analytical, not encyclopedic; include
an appropriate level of detail; and must, at a minimum, include the elements specified at §
617.9(b)(5)(i)- (viii).19 There are provisions for review of the DEIS's adequacy.
Step Seven: the lead agency must comply with public notice provisions upon completion
of the DEIS, but has the discretion to hold public hearings.20
" 6 NYCRR § 617.7(d)(1) (1996). This provision also imposes other requirements before a lead agency
may issue a CND.
17 6 NYCRR § 617.8 et seq. (1996).
18 6 NYCRR § 617.9(a)(1) (1996).
19 See SEQR Appendix pages 24 and 25 for list of minimum DEIS content.
20 However, SEQR does provide guidance for the decision:
In determining whether or not to hold a SEQR hearing, the lead agency will consider: the degree
of interest in the action shown by the public or involved agencies; whether substantive or
significant adverse environmental impacts have been identified; the adequacy of the mitigation
measures and alternatives proposed; and the extent to which a public hearing can aid the agency
decision - making processes by providing a forum for, or an efficient mechanism for the collection
of, public comment. 6 NYCRR § 617.9(a)(4) (1996).
Page 5
Step Eight: the lead agency is responsible for preparing or causing to be prepared a final
EIS. The final EIS consists of the DEIS, revisions or supplements, substantive comments
to the DEIS, and the lead agency's replies to all substantive comments. 21 A final EIS is
not necessary if the project sponsor or agency withdraws the project, or the lead agency
determines that there is no significant adverse impact on the environment. 22 In the latter
case, the lead agency must also prepare and file a negative declaration.zs
Step Nine: after the completion of the final EIS, the lead agency must afford agencies and
the public a reasonable period to consider the EIS (at least ten days).24 Each involved
agency, not just the lead, must then prepare a written findings statement. This findings
statement represents the agency's final decision on the project and its rationale. The
agency must balance the significant adverse environmental impacts against the social,
economic and other considerations.25 The agency must certify that the agency or project
sponsor has met all SEQR requirements, and that the action is the alternative which avoids
or minimizes the environmental impacts to the maximum extent practicable and
incorporates mitigation measures.26
II. NON - DISCRETIONARY CHANGES
First and foremost, the City of Ithaca must revise its Type II list. § 617.5(a) of SEQR
clearly states that actions cannot be subject to environmental review, because the state has
" 6 NYCRR § 617.9(b)(8) (1996).
zz 6 NYCRR § 617.9(a)(5)(i) (1996).
2'6 NYCRR § 617.9(a)(5)(i)(`b') (1996).
za 6 NYCRR § 617.11(a) (1996).
zs 6 NYCRR § 617.11(d)(2) (1996).
26 6 NYCRR § 617.11(d)(5) (1996).
Page 6
already determined thatihese action have no significant impact on the environment or are
otherwise precluded from review.27 New York's Type 11 list applies to all agencies; no
exceptions are listed . 28
There are several additions to the New York Type 11 list.29 The current SEQR Type II list
precludes environmental review of the following actions:
1. "replacement, rehabilitation or reconstruction" of an in kind structure
on the same site; whereas, CEQR only excludes "replacement" actions;
2. street and right -of -way openings; whereas, CEQR only excludes street
openings;
3. construction or expansion of non - residential structures under 4,000
square feet which do not require changes in land use controls;
4. routine activities of educational institutions, including expansion of
facilities by less than 10,000 square feet; whereas, CEQR specifically
excludes "capital construction" from "routine activities;"
5. construction of one -, two- or three - family residences on an approved
lot;
6. construction of minor residential structures (garages, patios, pools,
etc.); whereas CEQR excludes construction of "minor structures; s30
7. variances for one -, two- or three - family residences;
8. moratoriums on land development;
9. interpreting an existing code, rule or regulation;
10. designation of local landmarks or inclusion within historic districts;
These additions to the Type H list raise some conflicts with Ithaca's Type I list. There are
generally two modifications which must be made to Ithaca's Type I list to comply with the
27 "These actions have been determined not to have a significant impact on the environment or are
otherwise precluded from environmental review under Environmental Conservation Law, article 8." 6
NYCRR § 617.5(a) (1996).
2s Id
29 For a detailed list of Type II actions and changes, see the Table of SEQR/CEQR Differences Appendix.
This appendix also lists the corresponding sections in the code.
so This is one of the few instances where the Ithaca Code is less environment - protective than the new
SEQR.
Page 7
state's Type II list. First, square foot thresholds are at odds, or potentially at odds,
depending on the size of the particular building. For example, the city's ordinance
provides that construction or alteration of 50% or more of "schools" or "buildings within
institutions of higher learning" are Type I actions.31 This provision conflicts with SEQR's
Type II list if the educational institution constructs or alters a building under 10,000
square feet.32 There are several such potential conflicts. Notably, "industrial facilities" or
appurtenances to industrial facilities under 4,000 square feet receive protection of SEQR's
Type II list.33
Second, Ithaca classifies otherwise Unlisted actions as Type I because of their proximity
to sensitive areas (i.e. critical environmental areas and historic districts).34 SEQR does not
provide for delisting a particular Type H action because it occurs in a sensitive area. This
raises the question whether SEQR's Type II list renders an otherwise reviewable action
unreviewable. For example, if a developer decides to build a duplex next to an historic
building, does the developer have to prepare an EIS? SEQR says no; CEQR says yes.
III. DISCRETIONARY CHANGES
A. Housecleaning and Procedural Changes
SEQR simplifies the structure of the regulations. The regulations are reordered to reflect
the actual steps for environmental review. Unlike the old SEQR and the present CEQR,
31 ITHACA CODE chapter 176- 12B(1)(b) (1991). -
32 6 NYCRR § 617.5(c)(8) (1996).
"Compare ITHACA CODE chapter 176- 12B(1)(o) (1991) with 6 NYCRR § 617.5(c)(7) (1996). See also
ITHACA CODE chapter 176- 12B(1)(r), (t), and (x).
31 ITHACA CODE chapter 176- 12B(1)(1) & (w), and 176- 12B(8).
Page 8
someone unfamiliar with environmental review, could get a sense of the steps involved just
by looking at the table of contents of the new SEQR. The one exception is the placement
of the provisions governing critical environmental areas. Those provisions are in a section
titled "Individual Agency Procedures. 01
CEQR can confuse readers because it buries regulations in unexpected places. For
example, the definitions of "exempt" and "excluded" actions contain substantive law.
SEQR classifies actions which were formerly defined as "excluded" or "exempt" actions as
"Type _ 36 The legal effect of CEQR defining some actions as "excluded" or "exempt" is
the same as classifying them as "Type II": in both cases, there is no environmental review.
SEQR consolidates these as Type H actions.
SEQR also employs a more readable style. SEQR sacrifices lugubrious sentences in the
Passive voice for brief, active sentences. These changes enhance the regulations'
accessibility and clarify who must do what.
SEQR also changes the timeline for environmental review, often eliminating redundant
steps or consolidating related ones. For example, CEQR gives the lead agency 30 days to
determine if a draft EIS is adequate, but also permits the lead to grant itself a 30 -day
3s 6 NYCRR § 617.14.
36 The actions are (see the table in the Appendix): "official acts," § 617.5(c)(19); "civil or criminal
proceedings," § 617.5(c)(29); "emergency actions," § 617.5(c)(33); "actions approved prior to SEQR," §
617.5(c)(34) (there are some exceptions to this provision); "environmental certification for public need
actions under Public Service Law," § 617.5(c)(35); and "actions of the legislature, Governor, or courts,"
§617.5(c)(37) (CEQR specifically says that Common Council actions are not "exempt." § 176 -2).
Page 9
extension.37 SEQR eliminates the extension provision, but makes the draft EIS review
period 45 days.311 SEQR is replete with such changes. Most notably, the provisions for
documentation preparation, filing, publication and distribution 39 go a long way to clearing
up timelines and filing requirements.
SEQR's revisions of the scoping provisions make the process more definitive and
concrete. The provisions encourage the lead agency and the project sponsor to outline the
issues for study early in the process and more specifically than before.ao
B. Substantive Changes
The SEQR revisions raise both opportunities and challenges for the City of Ithaca. SEQR
leaves some substantive areas of environmental review up to the discretion of an agency.
The City of Ithaca must grapple with these discretionary issues.
SEQR begins by defining "environment" as the physical conditions that will be affected, in
contradistinction to CEQR's definition which includes physical and socioeconomic
factors. At first glance, this change narrows the range of adverse effects which an agency
can review. It appears that agencies can no longer consider the affect on low- income
housing for example. SEQR does, however, go on to include "archeological, historic or
aesthetic significance, existing patterns of population concentration, distribution or
37 ITHACA CoDE chapter 176 -8B(1) & (2).
3'6 NYCRR § 617.9(a)(2).
39 6 NYCRR § 617.12
ao 6 NYCRR § 617.2(af) & § 617.8.
Page 10
growth, existing community or neighborhood character, and human health.i41 If an
agency, using SEQR's definition, wants to consider the adverse impact on low- income
housing, then it must classify housing impacts as an "existing pattern of population" or
"existing community... character. ,42 If it is possible to classify all "socioeconomic"
factors as one listed in SEQR's definition of the environment, then should Ithaca follow
suit and eliminate the term "socioeconomic" from the definition of the "environment "? If
SEQR's definition is, in fact, more circumscribed, then should Ithaca follow suit or retain
its broader definition?
These questions become more important since SEQR replaces the phrase "significant
effect" with "significant adverse effect on the environment." This change happens many
times throughout the regulations. On its face, the change has two consequences: the
change excludes consideration of beneficial effects and agency review must focus on
environmental impacts, rather that the broader "significant effects."
SEQR requires that the findings statement balance the environmental effects against all
other benefits of the action.43 CEQR's provisions for findings statements do not mention
a balancing requirement. SEAR seems to strive for a precisely defined decision calculus:
more narrowly defined adverse environmental effects on the negative side; social,
economic and other considerations on the positive side. This interpretation of the
4'6 NYCRR § 617.2(1).
42 There is no provision for such a determination.
challenge.
4s 6 NYCRR § 617.11(d).
An ad hoc approach, may expose the City to legal
Page 11
provisions highlights the need to consider balancing language for the City's environmental
review ordinance.
SEQR removes the presumption that Unlisted actions in or near critical environmental
areas (CEAs) become Type I actions.44 The location in a critical environmental area is
now a "relevant area of environmental concern" under SEQR.45 If an action is listed on
the Type II list and occurs in a CEA, then the regulatory language seems to prohibit
review. First of all, the action is not "Unlisted" anymore. The Type II regulations do not
admit any exceptions on their face. If the City of Ithaca is concerned about environmental
review for three- family homes in CEAs, for example, then further analysis and clarification
of the state law is necessary.
There is also the larger prospect of reconsidering the entire Type I list for CEQR.
Conclusion
While SEQR improves the environmental review process significantly, it does not resolve
all questions. The City of Ithaca has the opportunity to discuss broader changes in CEQR.
44 6 NYCRR § 617.14(g)(4).
area." ITHACA CODE § 176 -2.
45 6 NYCRR § 617.14(g)(4).
CEQR retains the presumption in the definition of "critical environmental
Page 12
OFFICE OF
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
CONSERVATION ADVISORY COUNCIL TELEPHONE: 272 -1713
CODE 607
RESOLUTION ON THE LAVENDER GARDEN
Conservation Advisory Council
City of Ithaca
WHEREAS, The Conservation Advisory Council recognizes the "Lavender Garden" at Ithaca
High School as an important and unique natural resource; and
WHEREAS, the Conservation Advisory Council has concerns about the impact of the Ithaca
School District's current expansion plan for the high school upon the garden; and
WHEREAS, alternative designs have been presented which do not threaten or infringe upon the
garden; and
WHEREAS, the expansion project is slated for premises included under the Fall Creek Recre-
ational River Corridor;
WHEREAS, the environmental review conducted for this project appears to omit consideration
of the potential impact on the Lavender Garden and to be incomplete or erroneous; now therefore
be it
RESOLVED, that a proper environmental review of the expansion project be undertaken, and
construction should be deferred until the completion of said review; and be it further
RESOLVED, that the City should determine whether this project is subject to the regulations
pertaining to the Fall Creek Recreational River Corridor (Part 66, Regulations for Administration
and Management of the Wild, Scenic, and Recreational River Sytem in New York State Except-
ing the Adirondack Park).
Passed unanimously at the meeting of the Conservation Advisory Council, December 9, 1996.
"An Equal Opportunity Employer with an Affirmative Action Program