The following actions are exempt from the Town
environmental quality review, 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, the Town shall have no obligation to prepare an environmental impact statement or make findings under this law with respect to the action so long as the environmental impact statements either contain or are supplemented by the items concerning growth-inducing aspects and energy use and conservation as described in § 35-18C(7) and (8) of this chapter.
B.
Exempt actions. The following actions are exempt from
the Town of Chenango Environmental Quality Review Law pursuant to
Part 617.13 of the official compilation of Codes, Rules and Regulations
of the State of New York (NYCRR):
(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 existing structure or facility.
(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 date 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.
