No decision to carry out or approve an action other than an action listed in §
43-4 hereof or Section 617.12 of Title 6 of NYCRR as Type II action, or an exempt or administrative action (6 NYCRR 617.13) shall be made by the Town Board or by any department, board, commission, officer or employee of the town until there has been full compliance with all requirements of this chapter and Part 617 of Title 6 of NYCRR; provided, however, that nothing herein shall be construed as prohibiting:
A. The conducting of contemporaneous environmental, engineering, economic
feasibility or other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action which
do not commit the town to approve, commence or engage in such action;
or
B. The granting of any part of an application which relates only to
technical specifications and requirements, provided that no such partial
approval shall entitle or permit the applicant to commence the action
until all requirements of this chapter and Part 617 of Title 6 of
NYCRR have been fulfilled.
Consistent with Part 617 of Title 6 of NYCRR and the criteria
therein, the following actions, in addition to those listed in Section
617.12 of Title 6 of NYCRR as Type I actions, are likely to have a
significant effect on the environment:
A. Actions defined in the Junkyard Ordinance of the Town of Colden.
B. Actions defined in the Ordinance for the Protection of Freshwater
Wetlands in the Town of Colden.
C. Actions defined in Section 16, Special Provisions for Flood Hazard
Areas, of the Zoning Ordinance of the Town of Colden.
Consistent with Part 617 of Title 6 of NYCRR and the criteria
therein, the following actions, in addition to those listed in Section
617.12 of Title 6 of NYCRR as Type II actions, are deemed not to have
a significant effect on the environment:
A. Construction or alteration of a single- or two-family residence and
accessary apurtenant 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 in this section for Type I
uses.
B. The extention of utility facilities to serve new or altered single-
or two-family residence structures or to render services in approved
subdivisions.
C. 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.
D. Actions involving individual set back in lot line variance and the
like.
E. Agricultural farm managerial practices including construction, maintenance
and repair of farm buildings and structures and land use changes consistant
with general acceptible principles of farming.
F. Operation, repair and maintenance or minor alteration of existing
structures, land uses and equipment.
G. 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.
H. Repairing an existing highway not involving the addition of new travel
lanes.
I. Street opening for the purpose of repairing or maintenance of existing
utility facilities.
J. Mapping of existing roads, streets and highways, ownership patterns
and the like.
K. Regulation activities not involving construction or changed land
use relating to one individual business, institution or facility such
as inspection testing, operating certification or licensing.
L. Sale of surplus government property other than land, radioactive
materials, pesticides, herbicides or other hazardous materials.
M. Actions which are immediately necessary for the production or preservation
of life, health, property or natural resources.