Overview of the Updated SEQR Forms, Workbook & Mapping Application February 27, 2014

SEQR 101 A quick run through SEQR Basics…

What is the purpose of SEQR? To incorporate the consideration of environmental factors in decision-making process Provides legal framework to assure that environmental considerations are taken into account and included in board decisions

Complying with SEQR “Substantive”: agency must evaluate all potential impacts of a proposed action.  Not just those within its own jurisdiction “Literal”: agency must follow SEQR’s procedural requirements Appropriate to integrate SEQR with other reviews  But other reviews may not be substituted for or be represented as equivalent to SEQR’s requirements Compliance Must Be “Substantive” and “Literal”

When does SEQR apply? Subdivisions Zoning Changes Variances SEQR applies to discretionary actions, such as: Special Use Permits Site Plans Comprehensive Plans

When does SEQR not apply? Ministerial Acts (building permits) Emergency Actions Maintenance Actions Actions by Courts or Legislatures

What is an Action? Projects or physical activities that: –are directly undertaken by a State of local agency; or –involve funding by a State of local agency; or –require one or more new or modified approvals from a State of local agency or agencies; Agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions; Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and Any combinations of the above. Cannot be segmented.

SEQR Process: The Simple Version Agency Proposes Action or Receives Application Action Classified * Lead Agency Established Significance of Action Determined * Environmental Impact Statement, If Needed Findings and Agency Decision * * SEQR Process can conclude at any of these steps

The Rest of the Story… For more information on: Establishing Lead Agency Agency Status (Involved vs. Interested) Coordinated vs. Uncoordinated Review What Happens After a Positive Declaration Visit NYSDEC’s “Stepping Through the SEQR Process” webpage at:

What’s Your Type? Classifying Actions Type I – carries the presumption that action will have significant adverse impact on the environment and may require an Environmental Impact Statement (EIS) Type II – have been determined not to have a significant impact of the environment Unlisted – Neither a Type I or a Type II action

Type I Action Examples Comprehensive Plans Zoning Local Law or Ordinance Certain Unlisted Actions that Occur in an Agricultural District Zoning District Changes Affecting 25 or more Acres Others listed in Section 617.4

The Type II List is Your Friend If an Action is on the Type II list: Make a motion and declare that the board has determined that the proposed is a Type II Action under SEQR. –Helpful hint: List the number of the Action found on the Type II list. SEQR is complete! Save a copy of the determination (resolution or minutes) in the project file.

Type II Action Examples Area Variances (1, 2 or 3 family residences) Replacement of a Structure (in kind and upgrading to meet codes) Granting individual setback and lot line variances Minor Accessory Residential Structures Moratoria Interpretations Others listed in Section 617.5

What is an Unlisted Action? Any action not listed as a Type I or Type II Action.

What Forms are Required for Type I or Unlisted Actions? Both require the preparation of an Environmental Assessment Form (EAF) Full EAF - Required for Type I, Optional for Unlisted Short EAF - Optional for Unlisted

Who Fills Out What? Part 1: Project Information –Applicant/Sponsor completes Part I. Part 2: Project Impact and Magnitude –Municipal Board/Lead Agency completes Part 2 based on the information provided in Part 1. Part 3: Evaluation of the Magnitude and Importance of Project Impacts –Municipal Board/Lead Agency completes if “Moderate to Large” Impact(s) were identified in Part 2.

Became effective October 7, 2013 First revision of the Full EAF since Last revision of the Short EAF was 1987.

Why Revise the Forms? Reduce the need for additional studies. Encourage more use of the Short EAF. Use of gatekeeper questions. Eliminate Negative Declaration Form. Serve as the starting point for scoping. Provide the basis for a more defensible SEQR review.

NYSDEC Goes (a bit) Electronic DEC has prepared companion workbooks, web based forms and an improved GIS platform. EAFs are Fill and Savable PDFs – with links to Workbooks. New EAF Mapper will fill in certain questions automatically! Downside: No easy work-around for those without Internet connection.

EAF Workbooks Intended to: –Guide sponsors in preparing Part 1; –Guide Boards in reviewing Parts 2 & 3. Provide links to spatial data (e.g., maps) and other sources of information. Make generous use of examples. Living document – best in electronic form. Short EAF should not require consultant services to complete.

SEAF, Part 1, Question 1 FEAF, Part 1, Question C.1 Gatekeeper question for adoption of plans, local laws, ordinances, administrative rules or regulations. Eliminates the need for a form filled out with N/As.

SEAF, Part 1, Question 4 Check all land uses that occur on, adjoining and near the proposed action. Workbook help in answering the question. –Definition of “near”: Where not otherwise defined, “ use 500 feet as a minimum distance in urban settings, 1000 feet in suburban neighborhoods, and 2,500 feet in rural areas” –Points to Google and Bing for aerial imagery.

SEAF, Part 1, Question 7 Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? There are no State listed Critical Environmental Areas in Livingston County.

SEAF, Part 1, Question 8 a.Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation service(s) available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available …? Workbook help in answering the questions. –Assumption: generating fewer than 100 peak hour vehicle trips per day will not result in any significant increases in traffic. –Institute of Transportation Engineers Trip Generation Manual

SEAF, Part 1, Question 9 Does the proposed action meet or exceed the state energy code requirements? Workbook help in answering the question. –Rarely answered with a No. –If the proposed project requires a building permit, it will most likely also be required to meet the State Energy Code. –An opportunity to describe how it exceeds the State Energy Code requirements.

Pause for Introduction of the New EAF Mapper Developed to fill in many spatial data questions on the Short and Full EAFs. System will check spatial data sets and fill in EAFs.

New EAF Mapper (cont.) Project sponsor will identify site. –Tax parcel ID #, or –Draw polygon Populated, fill-able pdf will be returned including a data report. Save to local hard drive and complete rest of Part 1. GO TO EAF MAPPER…

Helpful EAF Mapper Tips for Applicants and Boards When filling out the EAFs, use the EAF Mapper FIRST. Otherwise, all information entered into the form up to that point will be erased. Turn off Pop-Up Blocker. The EAF Mapper does not know everything. The EAF Mapper does not play well with Internet Explorer 8.

Helpful EAF Mapper Tips for Applicants and Boards (cont.) EAF Mapper answers are locked. Be careful of duplicate tax map numbers in different towns (zoom out to confirm location). EAF Mapper can calculate acreage, but it will not put that calculated acreage in the form. EAF Mapper cannot accommodate more than one tax parcel at a time.

SEAF, Part 1, Question 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? Workbook help in answering the questions. –Note: SHPO Mapping Application is spotty – new updates expected Summer/Fall 2014.

Archeologically Sensitive Areas in Livingston County Source: NYS Office of Parks, Recreation & Historic Preservation – Division for Historic Preservation 2013

SHPO Review 2 – 4 week review. Especially important for projects with ground disturbance. Importance of a good map and photographs. Working on allowing electronic submissions (Summer / Fall 2014)

SEAF, Part 1, Question 16 Is the project site located in the 100 year flood plain? EAF Mapper Caution: EAF Mapper will only return a result if the flood map data is current (southeast Livingston County) Create FIRMettes at FEMA Map Service Center:

SEAF, Part 1, Question 19 Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? There are no active solid waste management facilities in Livingston County. Workbook directs Applicants/Sponsors to the DEC website for additional information.

SEAF, Part 1, Question 20 Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? EAF Mapper will answer Yes when applicable, but it does not provide data for the site identified. Workbook links to DEC’s environmental site remediation database, where one can search by County and City (municipality).

SEAF, Part 2, Question 5 Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walking? Workbook help in answering the question. –Gives examples of “small” and “moderate to large impacts.” –Scenarios.

SEAF, Part 2, Question 9 Will the proposed action result in an adverse change to natural resources? Workbook help in answering the question. –Identifies applicable questions from Part 1. –Examples and Scenarios.

Part 3: Making the Determination The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered “moderate to large impact may occur”… complete Part 3. Examples are provided to assist in the analysis.

No More Negative or Positive Declaration Forms? The new EAFs serve as the Negative Declaration and Positive Declaration Forms. For Unlisted Actions with a Negative Declaration, the forms are kept at the municipality. For Type I Actions with a Negative Declaration or for Conditioned Negative Declarations, copy of Part 3 must be sent out (see bottom of Full EAF Part 3).

Go Forth and Review! Heather Ferrero, AICP Livingston County Planning Department 6 Court Street – Room 305 Geneseo, NY (585) DEC SEQR Website: