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Town of Binghamton, NY
Broome County
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The following actions are exempt from the Town of Binghamton Environmental Quality Review Law, provided that all requirements contained herein have met with compliance.
A. 
Actions involving federal participation. Where there has duly been prepared under the National Environmental Policy Act of 1969 both a draft environmental impact statement and a final environmental impact statement for an action under consideration, there shall be no obligation to prepare an environmental impact statement or make findings under this chapter with respect to the action as long as the environmental impact statements either contain or are supplemented by items concerning growth-inducing aspects and energy use and conservation as described in § 119-17D(7) and (8) of this chapter.
B. 
Actions exempt pursuant to other regulations. The following actions are exempt from the Town of Binghamton Environmental Quality Review Law pursuant to Part 617.5 of New York Code of Rules and Regulations (NYCRR):
[Amended 4-15-2003 by L.L. No. 1-2003]
(1) 
Enforcement or criminal proceedings or exercise of prosecutorial discretion in determining whether or not to institute such proceedings.
(2) 
Ministerial actions.
(3) 
Maintenance or repair involving no substantial changes in an existing structure or facility.
(4) 
Actions requiring a certificate of environmental compatibility and public need under Article VII of the New York Public Service Law and consideration, grant or denial of any such certificate.
[Amended 4-15-2003 by L.L. No. 1-2003]
(5) 
Actions undertaken or approved prior to June 1, 1977, for local agencies and September 1, 1977, for applicants. An action shall be deemed to be undertaken or approved prior to the respective above dates if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in.
(6) 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
(7) 
Actions of the Legislature of the State of New York or of any court of law.
C. 
Type II actions. Type II actions, as listed in Article XI, are exempt from this chapter.