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:
(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.
(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.