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.
The adoption of a municipality's land use plan or
zoning regulations or the adoption by any agency of a comprehensive
resource management plan.
C.
The granting of a zoning change at the request of
an applicant for an action that meets or exceeds one or more of the
thresholds given in other sections of this list.
D.
The acquisition, sale, lease or other transfer of
100 or more contiguous acres of land by a state or local agency.
E.
Construction of new residential units which meet or
exceed the following thresholds:
F.
Construction of new nonresidential facilities which
meet or exceed any of the following thresholds or the expansion of
existing nonresidential facilities by more than 50% of any of the
following thresholds, provided that the expansion and the existing
facilities, when combined, meet or exceed any threshold contained
in this section:
G.
Any nonagricultural use occurring wholly or partially
within an agricultural district (certified pursuant to Agriculture
and Markets Law, Article 25, § 303) which exceeds 10% of
any threshold established in this section.
H.
Any action (unless the action is designed for the
preservation of the facility or site) occurring wholly or partially
within or contiguous to any facility or site listed on the National
Register of Historic Places, or any historic building, structure or
site or prehistoric site that has been proposed by the Committee on
the Registers for consideration by the New York State Board on Historic
Preservation for a recommendation to the State Historic Officer for
nomination for inclusion in said National Register.
I.
Any project or action which exceeds 25% of any threshold
in this section occurring wholly or partially within or substantially
contiguous to any publicly owned or operated parkland, recreation
area or designated open space.
J.
Critical areas.
(1)
Any action which exceeds the locally established thresholds
or, if no such thresholds are established, any action which takes
place wholly or partially within or substantially contiguous to any
critical environmental area designated as follows. The lead agency
may, following written public notice and public hearings, designate
specific geographic areas within the boundaries of the Town as critical
areas of environmental concern. To be designated as a critical area,
an area should have an exceptional or unique character covering one
or more of the following:
(a)
A benefit or threat to the public health or
public safety.
(b)
A natural setting (e.g., fish and wildlife habitat,
forest and vegetation, open space and aesthetics).
(c)
Social, cultural, historic, archaeological,
recreational or educational purposes.
(d)
An inherent ecological, geological or hydrological
sensitivity to change which could be adversely affected by any change.
(2)
Following designation by the lead agency, notification
that an area has been designated as a critical area shall be filed
with the Commissioner of New York State Department of Environmental
Conservation. This designation shall take effect 30 days after such
filing.
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.
A.
Replacement of a facility, in kind, on the same site unless such facility meets any of the thresholds in § 35-35.
B.
The granting of individual setback and lot line variances.
C.
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.
D.
Repaving of existing highways not involving the addition
of new travel lanes.
E.
Street openings for the purpose of repair or maintenance
of existing utility facilities.
F.
Installation of traffic control devices on existing
streets, roads and highways.
G.
Public or private forest management practices other
than the removal of trees or the application of herbicides or pesticides.
H.
Construction or placement of minor structures accessory
or appurtenant to existing facilities, including garages, carports,
patios, home swimming pools, fences, barns or other buildings not
changing land use or density.
I.
Maintenance of existing landscaping or natural growth.
J.
Mapping of existing roads, streets, highways, uses
and ownership patterns.
K.
Inspections and licensing activities relating to the
qualifications of individuals or businesses to engage in their business
or profession.
L.
Sales of surplus government property other than land,
radioactive material, pesticides, herbicides or other hazardous materials.
M.
Collective bargaining activities.
N.
Investments by or on behalf of agencies or pension
or retirement systems.
O.
Routine or continuing agency administration and management,
not including new programs or major recording of priorities.
P.
License and permit renewals where there will be no
material change in permit conditions or the scope of permitted activities.
Q.
Routine activities of educational institutions which
do not include capital construction.
R.
Information collection, including basic data collection
and research, master plan study components, water quality and pollution
studies, traffic counts, engineering studies, boring studies, surveys
and soils studies that are not a preliminary step towards any given
Type I project.
S.
Minor temporary uses of land having negligible or
no permanent effect on the environment.
