9 NYCRR Part 9500 - Executive Department

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Source version current through May 15, 2022

All 13 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 9500.0 - St. Lawrence - Eastern Ontario Commission-statement of purposes

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The purposes of the St. Lawrence - Eastern Ontario Commission are to insure optimum conservation, protection, preservation and development and use of the unique, scenic, aesthetic, historic, ecological, recreational, economic and natural resources of the St. Lawrence River and eastern Lake Ontario area and to encourage the full development of the commercial, industrial, agricultural, residential and other resources which are vital to the continued progress of the area. In carrying out its purpose, the commission is to accord careful consideration to, and full opportunity for, the best use and development of all the resources of the area.

9 NYCRR 9500.1 - Project review-statement of purposes

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The purposes of reviewing projects, as provided in the statute, are to encourage public and private agencies and persons to undertake projects which reflect a careful balancing of all the interests of the St. Lawrence River and eastern Lake Ontario area, and to facilitate the carrying out of such projects. These rules and regulations establish the procedures for reviewing projects.

9 NYCRR 9500.2 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Area means the commission's jurisdictional service area consisting of the Towns of Massena, Louisville, Waddington, Lisbon, Oswegatchie, Morristown and Hammond, the villages therein and the City of Ogdensburg in St. Lawrence County, the Towns of Alexandria, Orleans, Clayton, Cape Vincent, Lyme, Brownville, Hounsfield, Henderson and Ellisburg and the villages therein in Jefferson County, the Towns of Sandy Creek, Richland, Mexico, New Haven, Scriba and Oswego, the villages therein and the City of Oswego in Oswego County, and the Town of Sterling and village therein in Cayuga County.

(b)Commission means the St. Lawrence - Eastern Ontario Commission.

(c)Development means any activity which materially affects the existing condition, use or appearance of any land, structure or improvement, including the division of any land into parcels, or units, but shall not include the division of any land resulting from devise, inheritance, gift or operation of law.

(d)Land means the earth, on or below the surface of the ground, including water and air above and the flora and fauna.

(e)Land use means any existing activity or activities associated with land, including structures and improvements to structures.

(f)Local government means a government of a county, city, town or village located within the jurisdictional area of the commission.

(g)Person means public or private corporation, company, association, society, firm, partnership, joint stock company, individual, the United States and the State of New York and any of its political subdivisions or agents.

(h)Project means any actual or proposed construction, land development, demolition, excavation or other similar action which may significantly alter or change the appearance or use of the land or water or any structures thereon.

(i)Project sponsor means person undertaking any project in the jurisdictional area of the commission.

(j)Rules and regulations means the existing definitions, standards and procedures established for the review of projects.

(k)Structure means any object constructed, installed or placed on land or in the water to facilitate land use, including but not limited to buildings, sheds, mobile homes, signs, tanks, shore protection and recreation devices, commercial and residential facilities and any fixtures, additions and alterations to any of the above.

9 NYCRR 9500.3 - Projects subject to review

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

Any project, unless exempted from review under section 9500.4, 9500.6(b), 9500.7(b) or 9500.10 of this Part, undertaken by a project sponsor, shall be subject to review if it is in the jurisdictional area of the commission, and which:

(a)might destroy or substantially impair significant scenic, historic, recreational, ecological, conservational or natural resources; or

(b)might bring about a significant change in the appearance or use of the water in the St. Lawrence River or eastern Lake Ontario or in the surrounding land.

9 NYCRR 9500.4 - Projects exempt from review

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)No project described in subdivision (b) of this section shall be subject to review unless the project sponsor informs the commission in writing of the sponsor's desire to have the project reviewed, or the commission, at its discretion determines that the project might result in significant impairment of the scenic, historic, recreational, ecological, conservational or natural resources of the area and informs the project sponsor in writing of its intention to review the project.

(b)The following projects are exempt from review:

(1)residential projects consisting of five or less dwelling units;

(2)projects consisting of landscape improvements, interior alterations, ordinary improvements and repairs necessary for the maintenance of existing buildings, roads and other structures;

(3)electric power line projects of a rating of 69 KV or less, unless private right-of-way or easements are to be acquired;

(4)gas distribution line projects of six inches or less in diameter, unless private right-of-way or easements are to be acquired;

(5)water distribution line projects of 12 inches or less in diameter;

(6)sewer line projects of 12 inches in diameter; and

(7)all projects sponsored by the New York State Department of Transportation, the New York State Department of Environmental Conservation, and the New York State Office of Parks, Recreation and Historic Preservation unless such projects are to be reviewed at the discretion of the project sponsor or the commission as provided in subdivision (a) of this section.

(c)Projects for which an application for a certificate of environmental compatability and public need has been filed with the New York State Public Service Commission pursuant to articles VII and VIII of the Public Service Law are exempt provided that the commission has received notice of such filing in accordance with section 122 of article VII or section 142 of article VIII of such law.

(d)Projects located within the jurisdiction of a local government which has completed a comprehensive master plan and which has adopted and enforced land use controls such as zoning and land subdivision regulations in accordance with a memorandum of understanding with the commission are exempt.

(e)Projects jointly reviewed by the commission and another person when a memorandum of understanding for joint project review exists between the commission and the other person are exempt.

9 NYCRR 9500.5 - Standards for review

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

To determine whether a project might have a significant adverse effect upon the scenic, historic, recreational, ecological, conservational or natural resources of the area and to determine the commercial, industrial, agricultural, residential or other benefits of the project, the commission will consider:

(a)impacts on significant scenic, historic, recreational, ecological, conservational or natural resources;

(b)impacts on commercial, industrial, agricultural and residential resources;

(c)impacts on local and regional economies, including tax implications and employment opportunities;

(d)application and conformity to municipal comprehensive plans, local laws and ordinances, the standards of other public agencies or other regulations, including those of adjacent municipalities;

(e)impacts on local services and facilities, including sewers, water supply, electricity, police, fire, schools and thoroughfares;

(f)impacts on land, water and air qualities and adjacent land uses;

(g)impacts on drainage, flooding and soil erosion;

(h)impacts on visual appreciation, odor levels and noise levels; and

(i)impacts on existing buildings and surrounding landscape.

9 NYCRR 9500.6 - Preliminary consultation before initial review

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Any project sponsor may ask the commission for a confidential preliminary consultation and for preliminary approval or recommendations with respect to the project. The project sponsor shall submit to the commission a description of the project and a map (of a scale of one inch equals one mile or larger) showing project location and data concerning dimensions of any proposed structures.

(b)The commission shall notify the sponsor in writing, if the project is subject to review or not. If the project is subject to review, the commission will offer the sponsor the opportunity to discuss the project informally.

(c)The commission shall inform the sponsor of any recommendations it may have and of other public agencies having review responsibilities concerning the project.

(d)If the commission gives preliminary approval to the project, it shall notify the sponsor in writing. Such approval shall not relieve the sponsor from the necessity of submitting the project for initial review.

9 NYCRR 9500.7 - Initial review

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)A description of a proposed project shall be submitted by the project sponsor for review by the commission, if the sponsor has not yet submitted such information during preliminary consultation. Such description shall be submitted to commission offices and will be provided in the form and manner prescribed in the Information Request Form (Appendix CC-1, infra), together with such additional information and data as the commission may deem pertinent for review.

(b)If the commission determines that the project is not within its jurisdiction, or is not subject to review, the commission shall notify the sponsor promptly in writing.

(c)The commission shall inform the sponsor by certified mail when it has received all the information necessary to review the project. For a period of 30 days after the date of such notice, or such shorter period as the commission may specify in such notice, the sponsor shall not undertake or continue the project.

(d)If the commission finds that the project might have a significant adverse effect upon the scenic, historic, recreational, ecological, conservational or natural resources of the area, it shall issue an order to the sponsor by certified mail, within such 30-day period, stating that the sponsor not undertake or continue such project for an additional period of 60 days immediately following such 30-day period, or until the commission completes its final review as provided under section 9500.8 of this Part, whichever occurs first.

(e)If at the end of such 30-day period the commission has not issued such an order, the sponsor may undertake or continue the project.

9 NYCRR 9500.8 - Final review

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

If the commission does issue such an order, it shall, within such 60-day period:

(a)further review the project;

(b)hold one or more public hearings, one of which shall be near the project site; or

(c)report its findings to the project sponsor, to any public agency having the power of review or approval of such project, and to the public through appropriate and available news and communication media.

9 NYCRR 9500.9 - Hearings

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)At least 10 days before the date of the hearing or hearings, one of which shall be near the project site, the commission shall notify the sponsor by certified mail of the time and place of the hearing or hearings, and notify the public by advertisement in a newspaper of general circulation in the area in which the proposed project is located. The advertisement shall briefly describe the project. A copy of such notice shall be filed with the clerks of the local governments in which the project is located.

(b)All hearings shall be open to the public. Any person wishing to be heard may appear at the hearing and make a statement for or against the project, orally or in writing. Statements shall be made a part of the record of the hearing. Those wishing to make statements may be represented by an attorney or other qualified person.

(c)Hearings shall be conducted by the commission or a member or officer of the commission. The hearing officer shall have full authority to control the conduct and procedure of the hearing and the record of it, to admit or exclude testimony or other evidence and to rule on all motions and objections.

(d)A record of each hearing shall be made by a stenographer, designated by the commission, who shall deliver the original transcript of the hearing to the commission and one copy to the project sponsor. Any interested person may secure a copy from the stenographer, upon the payment of such reasonable fee as may be agreed upon between the stenographer and the person desiring such transcript.

(e)The commission shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. The commission may receive in evidence such affidavits, data or other materials which are relevant to the project under review.

(f)The commission, in its discretion, may consolidate two or more hearings.

(g)The project sponsor and all other persons wishing to be heard should be prepared to proceed on the date of the hearing. Application for adjournments will not be granted, except for good cause.

9 NYCRR 9500.10 - Emergency projects

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

An emergency project which is immediately necessary for the protection of life or property shall not be subject to review. Any person undertaking a project which is believed to be an emergency project shall inform the commission by certified mail or telegram within 48 hours after the project is commenced. If the commission determines that such project is not immediately necessary for the protection of life or property and that it is subject to review, it shall so inform such person.

9 NYCRR 9500.11 - Determination and findings

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

The findings of the commission shall be filed at the place of business of the St. Lawrence - Eastern Ontario Commission together with all plans, maps, exhibits and other papers and records relating to the project. These documents may be examined and copies thereof made at the place of business of the commission during business hours.

9 NYCRR Appendix CC-1 - SPONSOR DATA FORM

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022
Related Register notice: PSC-28-21-00013-P · Proposed rule
Related notice published: Jul 14, 2021

SPONSOR DATA FORM

IDENTIFICATION

PROJECT NUMBER (SLEOC filing)

PROJECT SPONSOR (name and address)

PROJECT CONTACT (name and address)

PROJECT ARCHITECT (name and address)

PROJECT ENGINEER (name and address)

PROJECT PLANNER (name and address)

PROJECT LANDSCAPE ARCHITECT (name and address)

PROJECT OTHER (name and address and scope of work)

PROJECT DESCRIPTION

LOCATION

TYPE (land use)

BUILDING SIZE (sq. ft.)

UNITS (# dwelling units or sq. ft.)

STORIES (number)

HEIGHT (feet from grade)

NUMBER OF BUILDINGS

BUILDING COVERAGE (% of site)

ON SITE PARKING (covered)

GRADING (% regraded)

VISIBILITY (from Lake or River)

SCHEDULE

PRELIMINARY PLANS (completed date)

FINAL PLANS (completed date)

SITE PREPARATION (starting date)

CONSTRUCTION (starting date)

OPERATION (occupancy date)

FUTURE COMPONENTS (type and date)

LOCAL APPROVALS

PLANNING BOARD

ZONING BOARD

BUILDING DEPARTMENT

HEALTH AGENCY

PUBLIC AGENCY ASSISTANCE OR REVIEW

PROGRAM TYPE (aid requested or review and name)

FEDERAL (list names)

STATE (list names)

COUNTY (list names)

LOCAL (list names)

PROJECT STATUS (date submitted and action)

COST AND FINANCING

LAND VALUE (at day of filing)

CONSTRUCTION (total)

VALUE OF IMPROVEMENTS (total)

PRIVATE FINANCING (%)

TYPE OF PUBLIC FINANCING (program)

AMOUNT OF PUBLIC FUNDS (total)

RELOCATION

FAMILIES TO BE DISPLACED (number)

RELOCATION PLANS (status)

DRAWINGS AND MAPS REQUIRED

VICINITY MAP

project location

adjacent properties and land uses

access

utility lines

EXISTING SITE FEATURES

boundary lines

existing contours

trees and other vegetation

water bodies and drainage courses

structures

roads

other significant features

SITE DESCRIPTION

SITE SIZE (acres or sq. ft.)

EXISTING USE (land use class)

EXISTING ZONING (classification)

EXISTING BUILDNGS (number and type)

EXISTING ROADS (paved surface type)

EXISTING STRUCTURES (number and type)

LANDFORM (dominant)

VEGETATION (dominant)

SURROUNDING AREA

character

land use

zoning

building condition

SERVICES

ROAD ACCESS yes/no

RAIL ACCESS yes/no

RIVER ACCESS yes/no

WATER yes/no

GAS yes/no

SEWER yes/no and functional capacity

ELECTRICITY yes/no

PUBLIC TRANSPORTATION yes/no

EMPLOYMENT

PERMANENT EMPLOYEES (full and part time)

LABOR SHED (communities)

PROJECT SITE PLAN

boundary lines

building locations and uses

final grades

final contours

drainage

planting

sidewalks and paths

roads and paved areas

PROJECT SITE PLAN (Continued)

walls and fences

service areas

utility lines

soil boring locations and logs

cross sections, profiles and details of landscaping

BUILDING DRAWINGS

plans

elevations

sections

details

model

rendering (perspective)

ADDITIONAL INFORMATION

FEASIBILITY STUDY

MARKET STUDY

PROJECT REPORT

ENVIRONMENTAL IMPACT STATEMENT

COMPREHENSIVE PLANNING REPORT

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