[Except as modified by City Planning Rules, 62 RCNY § 5-02(a) and (d).] No final decision to carry out or approve any action which may have a significant effect on the environment shall be made by any agency until there has been full compliance with the provisions of this chapter.
[Additional definitions, City Planning Rules 62 RCNY § 5-02(c).] As used herein, the following terms shall have the indicated meanings unless noted otherwise:
(1) non-ministerial decisions on physical activities such as construction or other activities which change the use or appearance of any natural resource or structure;
(2) non-ministerial decisions on funding activities such as the proposing, approval or disapproval of contracts, grants, subsidies, loans, tax abatements or exemptions or other forms of direct or indirect financial assistance, other than expense budget funding activities;
(3) planning activities such as site selection for other activities and the proposing, approval or disapproval of master or long range plans, zoning or other land use maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities;
(4) policy making activities such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines;
(5) non-ministerial decisions on licensing activities, such as the proposing, approval or disapproval of a lease, permit, license, certificate or other entitlement for use or permission to act.
Agency. [Inapplicable. See City Planning Rules 62 RCNY § 5-02(a), 62 RCNY § 5-02(c).] "Agency" means any agency, administration, department, board, commission, council, governing body or any other governmental entity of the City of New York, unless otherwise specifically referred to as a state or federal agency.
Applicant. "Applicant" means any person required to file an application pursuant to this chapter.
Conditional negative declaration. "Conditional negative declaration" means a written statement prepared by the lead agencies after conducting an environmental analysis of an action and accepted by the applicant in writing, which announces that the lead agencies have determined that the action will not have a significant effect on the environment if the action is modified in accordance with conditions or alternatives designed to avoid adverse environmental impacts.
DEC. "DEC" means the New York State Department of Environmental Conservation.
Environment. "Environment" means the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth, and existing community or neighborhood character.
Environmental analysis. "Environmental analysis" means the lead agencies' evaluation of the short and long term, primary and secondary environmental effects of an action, with particular attention to the same areas of environmental impacts as would be contained in an EIS. It is the means by which the lead agencies determine whether an action under consideration may or will not have a significant effect on the environment.
Environmental assessment form. [Retitled Environmental Assessment Statement; see City Planning Rules 62 RCNY § 5-04(c)(3).] "Environmental assessment form" means a written form completed by the lead agencies, designed to assist their evaluation of actions to determine whether an action under consideration may or will not have a significant effect on the environment.
Environmental report. "Environmental report" means a report to be submitted to the lead agencies by a non-agency applicant when the lead agencies prepares or cause to be prepared a draft EIS for an action involving such an applicant. An environmental report shall contain an analysis of the environmental factors specified in 43 RCNY § 6-10 as they relate to the applicant's proposed action and such other information as may be necessary for compliance with this chapter, including the preparation of an EIS.
Lead agencies. [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by City Planning Rules 62 RCNY § 5-02(b)(1) and 62 RCNY § 5-02(c)(3)(vi); also see City Planning Rules 62 RCNY § 5-03 for choice of lead agency.] "Lead agencies" means the Department of Environmental Protection and the Department of City Planning of the City of New York, as designated by the Mayor pursuant to § 617.4 of Part 617 of Volume 6 of the New York Code of Rules and Regulations, for the purpose of implementing the provisions of Article 8 of the Environmental Conservation Law (SEQRA) in the City of New York, by order dated December 23, 1976.
Ministerial action. "Ministerial action" means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, although such law may require, in some degree, construction of its language or intent.
Negative declaration. "Negative declaration" means a written statement prepared by the lead agencies after conducting an environmental analysis of an action which announces that the lead agencies have determined that the action will not have a significant effect on the environment.
Notice of determination. [See also City Planning Rules 62 RCNY § 5-02(c)(3)(iii).] "Notice of determination" means a written statement prepared by the lead agencies after conducting an environmental analysis of an action which announces that the lead agencies have determined that the action may have a significant effect on the environment, thus requiring the preparation of an EIS.
NYCRR. [See also City Planning Rules 62 RCNY § 5-02(c)(3)(viii).] "NYCRR" means the New York Code of Rules and Regulations.
Person. "Person" means an agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.
Project data statement. [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by Environmental Assessment Statement, see City Planning Rules 62 RCNY § 5-04(c)(3). See also City Planning Rules 62 RCNY § 5-05(b)(1) and § 5-08(a).] "Project date statement" means a written submission to the lead agencies by an applicant on a form prescribed by the lead agencies, which provides an identification of an information relating to the environmental impacts of a proposed action. The project data statement is designed to assist the lead agencies in their evaluation of an action to determine whether an action under consideration may or will not have significant effect on the environment.
SEQRA. "SEQRA" means the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law).
Typically associated environmental effect."Typically associated environmental effect" means changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles.
(a) [See also City Planning Rules 62 RCNY § 5-04(e)] If an action under consideration by an agency may involve a "major federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969," then the following procedures shall apply:
(1) in the case of an action for which there has been duly prepared both a draft EIS and a final EIS, no agency shall have an obligation to prepare an EIS or to make findings pursuant to 43 RCNY § 6-12.
(2) in the case of an action for which there has been prepared a Negative Declaration or other written threshold determination that the action will not require a federal impact statement under the National Environmental Policy Act of 1969, the lead agencies shall determine whether or not the action may have a significant effect on the environment pursuant to this chapter, and the action shall be fully subject to the same.
(b) [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Entire subdivision (b) superseded by City Planning Rules 62 RCNY § 5-03(j) and 62 RCNY § 5-04(d).] If an action under consideration by any agency may involve any state action which may have a significant effect on the environment under SEQRA, pursuant to which a state agency is required to comply with the procedures specified in 6 NYCRR 617, then the determination as to whether the state agency or the lead agencies shall be responsible for the environmental review shall be made on the basis of the following criteria:
(1) the agency to first act on the proposed action;
(2) a determination of which agency has the greatest responsibility for supervising or approving the action as a whole;
(3) a determination of which agency has the more general governmental powers as compared to single or limited powers or purposes;
(4) a determination of which agency has the greatest capability for providing the most thorough environmental assessment of the action;
(5) a determination of whether the anticipated impacts of the action being considered are primarily of statewide, regional or local concern, e.g., if such impacts are primarily of local concern, the lead agencies shall conduct the environmental review. If this determination cannot be made within 30 days of the filing of an application, the Commissioner of DEC shall be requested, in writing, to make such determination.
[See also City Planning Rules 62 RCNY § 5-02(d).] The following actions shall not be subject to the provisions of this chapter:
(a) projects or activities classified as Type I pursuant to 43 RCNY § 6-15 directly undertaken or funded by an agency prior to June 1, 1977 except that if such action is sought to be modified after June 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of [this chapter];
(1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-09. "Action" (1), (2), (3) and (4) of this chapter;
(2) an action shall be deemed to be undertaken at the point that:
(i) the agency is irreversibly bound or committed to the ultimate completion of a specifically designed activity or project; or
(ii) in the case of construction activities, a contract for substantial construction has been entered into or if a continuous program of on-site construction or modification has been engaged in; or
(iii) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or
(iv) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively.
(b) projects or activities classified as Type I pursuant to 43 RCNY § 6-15 of this chapter approved by an agency prior to September l, 1977 except that if such action is sought to be modified after September 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter;
(1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-02, "Action" (2) and (5) of this chapter;
(2) an action shall be deemed to be approved at the point that:
(i) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or
(ii) the agency gives final approval for the issuance to an applicant of a discretionary lease, permit, license, certificate or other entitlement for use or permission to act; or
(iii) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively.
(c) projects or activities not otherwise classified as Type I pursuant to 43 RCNY § 6-15 directly undertaken, funded or approved by an agency prior to November 1, 1978 except that if such action is sought to be modified after November 1, 1978, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter;
(1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-02 "Action" of this chapter;
(2) an action shall be deemed to be undertaken as provided in paragraphs (a)(2) and (b)(2) of this section, as applicable.
(d) enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;
(f) maintenance or repair involving no substantial changes in existing structures or facilities;
(g) actions subject to the provisions requiring a certificate of environmental compatibility and public need in Article 7 and 8 of the Public Service Law;
(h) actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources; and
(i) actions of the Legislature of the State of New York or of any court.
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