Type I actions or classes of actions will require
an environmental assessment and are likely to, but will not necessarily,
require preparation of environmental impact statements because they
will in almost every instance have a significant effect on the environment.
The following are Type I actions or classes of actions:
A.
Construction of new or expansion by more than 50%
of existing size, square footage or usage of existing:
(1)
Airports.
(2)
Public institutions, such as hospitals, schools, institutions
of higher learning and correction facilities, and major office centers.
(3)
Road or highway sections, including bridges, which
require an indirect source permit under 6 NYCRR Part 203.
(4)
Parking facilities or other facilities with an associated
parking area for 250 or more cars, only if such facility would require
an indirect source permit under 6 NYCRR Part 203.
(5)
Dams with a downstream hazard of "C" classification
under Environmental Conservation Law (ECL) § 15-0503.
(6)
Stationary combustion installations operating at a
total heating input exceeding 1,000,000,000 BTU's per hour.
(7)
Chemical pulp mills.
(8)
Portland cement plants.
(9)
Iron and steel plants.
(10)
Primary aluminum ore reduction plants.
(11)
Incinerators operating at a refuse charging
rate exceeding 250 tons of refuse per twenty-four-hour day.
(12)
Sulfuric acid plants.
(13)
Petroleum refineries.
(14)
By-product coke manufacturing plant.
(15)
Lime plants.
(16)
Storage facilities designed for or capable of
storing 1,000,000 or more gallons of liquid natural gas, liquid petroleum
gas or other liquid fuels.
(17)
Sulfur recovery plants.
(18)
Fuel conversion plants.
(19)
Process, exhaust and/or ventilation systems
emitting air contaminants assigned an environmental rating of "A"
under 6 NYCRR 212 and whose total emission rate of such "A" contaminants
exceeds one pound per hour.
(20)
Process, exhaust and/or ventilation systems
from which the total emission rate of all air contaminants exceeds
50 tons per day.
(21)
Any sanitary landfill.
(22)
Any facility, development or project which is
to be directly located in one of the following critical areas:
(a)
Tidal wetlands, as defined in Article 25 of
the Environmental Conservation Law.
(b)
Freshwater wetlands, as defined in Article 24
of the Environmental Conservation Law.
(c)
Floodplains, as defined in Article 36 of the
Environmental Conservation Law.
(d)
Wild, scenic and recreational river areas designated
in Title 27 of Article 15 of the Environmental Conservation Law.
(23)
Any facility, development or project having
an adverse impact on any historic or prehistoric building, structure
or site listed on the National Register of Historic Places or in the
statewide inventory of Historical and Cultural Resources.
(24)
Any development, project or permanent facility
of a nonagricultural use in an agricultural district which requires
a permit, except those listed as Type II actions.
(25)
Any facility, development or project which would
generate more than 1,000 vehicle trips per any hour or more than 15,000
vehicle trips per any eight-hour period.
(26)
Any facility, development or project which would
use ground- or surface water in excess of 1,000,000 gallons in any
day.
(27)
Any industrial facility, which has a yearly
average discharge flow, based on days of discharge, of greater than
0.5 MGD (million gallons per day).
(28)
Any publicly or privately owned sewage treatment
works which has an average daily design flow of more than 0.5 MGD.
(29)
A residential development outside any Standard
Metropolitan Statistical Area (SMSA), as defined by the United States
Census Bureau, that includes 50 or more units in an unsewered area
or 250 or more units in a sewered area, or within an SMSA that includes
50 or more units in an unsewered area or 2,000 or more units in a
sewered area.
(30)
Lakes or other bodies of water with a water
surface in excess of 12.4 acres.
B.
Actions likely to have a significant effect upon the environment. Actions having the following consequences, in addition to those other actions listed as Type I in Article XI, are likely to have a significant effect upon the environment:
(1)
A substantial adverse change to ambient air quality,
water quality or noise levels, or in solid waste production, drainage,
erosion or flooding.
(2)
The removal or destruction of large quantities of
vegetation or fauna, the substantial interference with the movement
of any resident or migratory fish or wildlife species, impacts upon
critical habitat areas or the substantial affecting of a rare or endangered
species of animal or plant or the habitat of such species.
(3)
The encouraging or attracting of a large number of
people to a place or places relative to the number of people who would
come to such a place absent the action.
(4)
The creation of a material conflict with the community's
existing goals or plans as officially approved or adopted by the Town
Board or Town Planning Board.
(5)
The impairment of the character or quality of important
historical, archaeological, architectural or aesthetic resources or
of existing community or neighborhood character.
(6)
A major change in the use of either the quantity or
type of energy.
(7)
The creation of a hazard to human health or safety
to any individual or group.
(8)
The creation of a material demand for other actions
which would result in one of the above consequences.
(9)
A substantial change in the use or intensity of use
of land or other natural resource or in their capacity to support
existing uses, except where such an action has been included in broad
program statements, master or areawide statements or statements for
comprehensive plans for which environmental impact statements have
been prepared. Agencies preparing such a statement shall develop procedures
for amending or supplementing such statements to reflect impacts which
are not addressed or adequately analyzed in such a statement as initially
prepared. Such procedures shall include provisions for informing the
public and other agencies of the preparation of such amendments or
supplements and for allowing comment thereon before incorporation
of such amendments or supplements in said statement. Actions undertaken
or approved in conformity with this chapter shall require no further
review under this chapter.
(10)
Changes in two or more elements of the environment,
no one of which is substantial, but when taken together result in
a material change in the environment.
(11)
Where there has duly been prepared under the
National Environmental Policy Act of 1969 a negative declaration or
other written threshold determination that the action will not require
a federal impact statement, the Town Planning Board shall determine
whether or not the action may have a significant effect upon the environment
pursuant to the Town of Binghamton Environmental Quality Review Law.
C.
Any funding, licensing or planning activities in respect to any of the types of construction listed in § 119-31A and B which involve the construction of a new development, project or facility or expansion by more than 50% of existing size, square footage or usage of an existing development, project or facility as listed in § 119-31A.
(1)
Application of pesticides or herbicides over more than 1,500 contiguous acres, unless done as a normal farming practice as provided in § 119-32B(5).
(2)
Clear-cutting of 50 or more contiguous acres of forest
cover or vegetation other than crops.
(3)
The proposed adoption of comprehensive land use plans,
zoning ordinances, building codes, comprehensive solid waste plans,
state and regional transportation plans, water resource basin plans,
comprehensive water quality studies, area-wide wastewater treatment
plans, state environmental plans, local floodplain control plans and
the like.
(4)
Commercial burial of radioactive materials requiring
a permit under 5 NYCRR Part 380.
(5)
Any action which will result in excessive or unusual
noise or vibration, taking into consideration the volume, intensity,
pitch, time duration and the appropriate land uses for both the source
and the recipient of such noise or vibration.
(6)
Acquisition or sale by a public agency of more than
50 contiguous acres of land.
A.
Type II actions or classes of actions have been determined
not to have a significant effect on the environment and do not require
environmental assessment impact statements under this chapter.
B.
The following are Type II actions or classes of actions:
(1)
Construction or alteration of a single-family or two-family
residence and appurtenant uses or structures not in conjunction with
the construction or alteration of two or more such residences and
not in one of the critical areas described for Type I actions.
(2)
The extension of utility facilities to serve new or
altered single- or two-family residential structures or to render
service in an approved subdivision.
(3)
Construction or alteration of a store, office or restaurant
designed for an occupant load of 20 persons or less, if not in conjunction
with the construction or alteration of two or more stores, offices
or restaurants and if not in one of the critical areas described in
Type I actions, and the construction of utility facilities to serve
such establishments.
(4)
Actions involving individual setback and lot line
variances and the like.
(5)
Agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures,
and land use changes consistent with generally accepted principles
of farming.
(6)
Operation, repair, maintenance or minor alteration,
not exceeding 50% of the original size of the building, of existing
structures, land uses and equipment.
(7)
Restoration or reconstruction of a structure, in whole
or in part, being increased or expanded by less than 50% of its existing
size, square footage or usage.
(8)
Reconditioning, preservation and repaving of existing
highways not involving the addition of new travel lanes. These projects
are essentially maintenance-type work with improvement to correct
substandard features. They include minor pavement and shoulder widenings,
drainage improvements, resurfacing and repair of deteriorated roadway
and structural elements. Minor amounts of additional right-of-way
may be required.
(9)
Minor reconstruction of an existing highway, including
such work as shoulder widening, adding auxiliary lanes for local utility
such as climbing, weaving, turning and speed change, the addition
of not more than one travel lane and the correction of substandard
curves, grades and sight distances. These projects shall qualify as
Type II actions only if the project:
(10)
Spot correction of deteriorated or substandard
elements of an existing highway. These projects include minor work
to accomplish a specific objective such as rehabilitation, demolition
or replacement of deteriorated bridges or culverts or correction of
a substandard feature. Minor amounts of additional right-of-way may
be required.
(11)
Installation of new or upgrading of existing
roadside appurtenances. These projects are designed to maintain the
operational standards of existing highway and include installation
of impact attenuators, highway lighting, guide rails, signs, delineators,
intersection signals, noise barriers, traffic control devices, traffic
surveillance systems, pavement markings, at-grade railroad protective
devices, fencing, telecommunications systems and landscaping.
(12)
The expansion of an existing highway maintenance
site which will not increase its size or usage by more than 50%.
(13)
Snow and ice control, including plowing and
the application of salt, sand, cinders, gravel, dirt or similar substance(s)
or any combination thereof to paved or other road surfaces.
(14)
Street openings for the purpose of repair or
maintenance of existing utility facilities.
(16)
Mapping of existing roads, streets, highways,
uses, ownership patterns and the like.
(a)
Regulatory activities not involving changed
construction or changed land use relating to one individual, business,
institution or facility, such as inspections, testing, operating certification
or licensing and the like.
(17)
Sales of surplus government property other than
land, radioactive material, pesticides, herbicides or other hazardous
materials.
(18)
Collective bargaining activities.
(19)
Operating, expense or executive budget planning,
preparation and adoption not invoking new programs or major reordering
of priorities.
(20)
Investments by or on behalf of agencies or pension
or retirement systems.
(21)
Actions which are immediately necessary for
the protection or preservation of life, health, property or natural
resources.
(22)
Routine administration and management of agency
functions not including new programs or major reordering of priorities.
(23)
Routine license and permit renewals where there
is no significant change in preexisting conditions.
(24)
Routine activities of educational institutions
which do not include capital construction.
