SEQRA (For Land Surveyors) Purpose of this Presentation

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Ashlie Osborne
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Recognize the role that Land Surveyors play in the SEQRA

1 SEQRA (For Land Surveyors) Purpose of this Presentation Understand the basics and legal requirements of SEQRA Recognize the role that Land Surveyors play in the SEQRA Identify the problems posed by SEQRA and ways to help resolve such problems 1

2 UNDERSTANDING OUR LEGAL SYSTEM Legal System refers to the procedures and processes for enacting and enforcing laws and for using other legal resources to interpret a person's rights and responsibilities. Legal System (Federal) Legislative Branch Enacts Laws. Consists of a bicameral Congress: the Senate and the House of Representatives. Executive Branch Enforces the Laws. Headed by the President and contains the Federal Agencies that administer the Statutes. U.S. Environmental Protection Agency/ U.S. Army Corps of Engineers (Nation s Environmental Engineer) Judicial Branch Interprets the Laws. Consist of the U.S. Supreme Court and lower Federal Courts (e.g., the Court of Appeals and District Courts). Cases involving Federal environmental Laws are first initiated in U.S. District Courts. 2

3 Legal System (New York) Legislative Branch Enacts Statutes. Consists of a bicameral Legislature: the Senate and the Assembly. Executive Branch Enforces the Statutes. Headed by the Governor and contains the Departments that administer the Law. N.Y.S. Department of Environmental Conservation (DEC) N.Y.S. Department of Health (DOH) N.Y.S. Department of State Judicial Branch Interprets the Statutes. Unified Court System: Consist of the Court of Appeals (State s highest Court), Appellate Courts, Supreme Courts (civil trial courts), County Courts (felony criminal cases), city courts and justice courts (town and villages). Cases involving State Environmental Laws are first initiated in N.Y. Supreme Courts. The Substance of Law Emanates from the following Sources: 1. The Constitution. 2. Laws, Statutes, and Local Ordinances. 3. Regulations promulgated by Federal, state, and local agencies of the Executive Branch. 4. Court decision interpreting Laws, Statutes, Ordinances, and Regulations. 5. The Common Law: Nuisance, Trespass, Negligence, and Strict Liability [Riparian Rights]. 6. Treaties. 3

4 National Environmental Policy Act of 1969 (NEPA): 42 USC 4231 et seq. Clean Air Act (CAA): 42 USC 7401 et seq. Federal Water Pollution Control Act (Clean Water Act) (FWPCA or CWA): 33 USC 1251 et seq. Toxic Substances Control Act (TSCA): 15 USC 2601 et seq. Resource Conservation and Recovery Act (RCRA): 42 USC 6901 et seq. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCA or Superfund): 42 USC 9601 et seq. New York State Environmental Quality Review Act (SEQRA) Statute - Contained in Article 8 of the Environmental Conservation Law (ECL) (Chapter 43 of the Consolidated Laws of N.Y.) Regulations Contained in Part 617 of Title 6 of the New York Codes, Rules and Regulations (NYCRR) (6 NYCRR Part 617) Requires State and local governmental Agencies to consider Environmental Factors in its discretionary decision making process 4

5 ENVIRONMENTAL FACTORS Resources or characteristics that could be affected by an action, including: Land, air, water, and minerals Flora and fauna Noise Features of historic or aesthetic significance Population patterns Community character Agencies Subject to SEQRA Any State or Local Governmental unit that has jurisdiction by law to fund, approve or directly undertake an action. State Agencies County Legislatures Town or Village Boards City Councils Planning Boards Zoning Boards of Appeal Industrial Development Agencies School Boards 5

6 The SEQRA Process 1. Agency Proposes Action or Receives Application 2. Action is Classified (Type I, Type II, or Unlisted Action) 3. Lead Agency Established 4. Significance of Action Determined 5. Environmental Impact Statement (EIS), if Needed 6. Findings and Agency Decision Types of Proposed Agency Actions New public or municipal facilities (e.g., schools, offices, roads, parks) Formal policies Local Laws or Ordinances Site Selection Bond resolutions Preliminary Studies are exempted. 6

7 Commencing the SQRA Process The Agency that proposes a action, or the first Agency to receive an application, initiates the process Applicants usually include a SEQRA Environmental Assessment Form (EAF) with the application materials The initiating Agency must identify other State or local agencies that may be involved in the proposed action: Highway access Multi-jurisdictional Permits local land use approvals The initiating Agency must classify the proposed action (Type I, Type II, or Unlisted Action) based on all components, phases, or aspects of the proposed action Type II SEQRA Actions These actions have been determined categorically not to require preparation of EIS s. Examples include: Most maintenance or repair (including upgrading buildings to meet building and fire codes) 1,2 or 3-family homes on approved lots New non-residential uses under 4,000 square feet that requires no zoning change or use variance Routine educational activities, including expansion under 10,000 square feet Purchase or sale of supplies or equipment 7

8 Type I SEQRA Actions More likely to have a significant adverse impact on the environment, so more likely to need an EIS. Not an automatic EIS requirement Examples Large residential facilities in the context of existing community size Projects in proximity to historic sites or parklands Actions that involve the physical alteration of 10 acres or more Most zoning changes and certain changes of use Unlisted Actions These fall been the two listed categories Examples: New 20-unit apartment buildings New non-residential use of 10 acres or less Sale, purchase, lease or other transfer of fewer than 100 acres of land by a government entity 8

9 Why Classification Matters Type II Actions No further review is required Type I Actions Must coordinate with other involved agencies Must use a Full Environmental Assessment Form (EAF) Likely will require an EIS Unlisted Actions Initiating agency chooses whether to coordinate Agency may allow Short EAF or require a Full EAF Environmental Assessment Form (EAF) SEQRA review (determination of Significance) starts with the EAF Type II Actions: No further review required Type I Actions: Submit Part 1 of the Full EAF Unlisted Actions: Submit Part 1 of the Short EAF (although a Full EAF may be required) 9

Agency Proposes Action or Receives Application 2. Action is Classified (Type I, Type II, or Unlisted Action) 3.

10 Area: Navigate To Area (Step 1) Select County: [SELECT] Select Town: Define Project Site (Step 2) Or Create Report (Step 3) Feedback Help 1:9,244,649 DEC Environmental Mapper dec.ny.gov/eafmapper The SEQRA Process 1. Agency Proposes Action or Receives Application 2. Action is Classified (Type I, Type II, or Unlisted Action) 3. Lead Agency Established 4. Significance of Action Determined 5. Environmental Impact Statement (EIS), if Needed 6. Findings and Agency Decision 10

11 Lead Agency Established The Agency that proposes an action, or that first receives an application, must: Indentify all the potentially involved agencies. Send the EAF and all supporting materials to those agencies for coordinated review. Notify each involved agency that a SEQRA Lead Agency must be established within 30 days of notification. The SEQRA Process 1. Agency Proposes Action or Receives Application 2. Action is Classified (Type I, Type II, or Unlisted Action) 3. Lead Agency Established 4. Significance of Action Determined 5. Environmental Impact Statement (EIS), if Needed 6. Findings and Agency Decision 11

12 Significance of Action Determined Determines the magnitude of the effect of the proposed action on Environmental Factors Identifies impacts and/or alternatives that avoid or reduce such impacts Issues a Positive Declaration Possible significant impact that requires and EIS Adverse changes to the environment Reduction of wildlife habitat Hazard to human heath Substantial change in the land use Issues a Negative Declaration No significant impact and no further review is necessary The SEQRA Process 1. Agency Proposes Action or Receives Application 2. Action is Classified (Type I, Type II, or Unlisted Action) 3. Lead Agency Established 4. Significance of Action Determined 5. Environmental Impact Statement (EIS), if Needed 6. Findings and Agency Decision 12

13 Environmental Impact Statement Draft EIS must contain: Description of the action, including its need and benefits; Description of the environmental setting and areas to be affected; An analysis of all environmental impacts related to the action; An analysis of reasonable alternatives to the action; and, Identification of ways to reduce or avoid adverse environmental impacts reasonable alternative. The SEQRA Process 1. Agency Proposes Action or Receives Application 2. Action is Classified (Type I, Type II, or Unlisted Action) 3. Lead Agency Established 4. Significance of Action Determined 5. Environmental Impact Statement (EIS), if Needed 6. Findings and Agency Decision 13

14 Findings and Agency Decision Draft EIS goes out for public comment Final EIS adopted by the Lead Agency Notice of Completion filed with the DEC Web Tools for SEQRA DEC website: General SEQRA Information: Stepping Through SEQRA- Sequential Information on SEQRA: SEQRA Handbook: SEQRA Cookbook: 14

15 EAF (Short Form) Questions Relevant to Survey* 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline Forest Agricultural/grasslands Early mid-successional Wetland Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? *Long EAF contains more detailed questions, including current and proposed acreage of land uses and cover types for the project, slope and drainage calculations, excavation and dredging area estimates and more.

Syracuse Zoning Administration City Hall Commons 201 East Washington Street Syracuse, New York 13202

October 29, 2018 Syracuse Zoning Administration City Hall Commons 201 East Washington Street Syracuse, New York 13202 RE: Lot Alteration Application Proposed Dunkin Donuts 2083-2107 Park Street CHA Project