Listed below are Type I actions as defined under
Article 8, Section 617 of the State Environmental Conservation Law.
Type I actions require the preparation of an environmental impact
statement because they will in almost every instance have a significant
effect on the environment. The following are considered Type I actions
in the Town of Berne:
A. Construction of new (or expansion by more than 50%
of existing size, square footage or usage of existing):
(2) Public institutions such as hospitals, schools and
institutions of higher learning and correction facilities, major office
centers.
(3) Road or highway sections (including bridges) which
require an indirect source permit under 6 NYCRR Part 203 and any new
highway construction over one-fourth mile in length and any ditching,
clearing of trees or stone walls adjacent to new or existing roads
extending over a distance of 100 yards or more, along the road.
(4) Parking facilities or other facilities with an associated
parking area which would require an indirect source permit under 6
NYCRR Part 203.
(5) Any dam with a downstream hazard of "C" classification
under Environmental Conservation Law (ECL) § 15-0503 and
any dam on second order or higher streams of the Switzkill, Foxenkill,
Onesquethaw, Schoharie and Basic drainages within the Town.
(6) Stationary combustion installations operating at a
total heating input exceeding 1,000 million BTU's per hour.
(10)
Primary aluminum ore reduction plants.
(11)
Incinerators operating at a refuse charging
rate exceeding 250 tons of reuse for 24 hours.
(15)
Bi-product coke manufacturing plants.
(16)
Storage facilities designed for or capable of
storing 10,000 or more gallons of liquid natural gas, liquid petroleum
gas or other liquid fuels.
(19)
Process, exhaust and/or ventilation systems
emitting air contaminants assigned an environmental rating of "A"
under 6 NYCRR 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.
(22)
A gravel or shale pit exceeding 500 cubic yards
or over 10,000 square feet in area.
(23)
Any facility, development or project, including
residential homes, to be directly located in or the following critical
areas:
(a)
Tidal wetlands as defined in Article 25 of the
ECL;
(b)
Freshwater wetlands as defined in Article 26
of the ECL and shown on Town reserve inventory maps;
(c)
Floodplains as defined in Article 36 of the
ECL;
(d)
Wild, scenic and recreational rivers areas designated
in Title 27 of Article 15 of the ECL.
(24)
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, the State
Inventory of Historic Places or in the Town Resource Inventory.
(25)
Any facility, development or project which would
generate more than 5,000 vehicle trips per any hour or more than 25,000
vehicle trips per any eight-hour period.
(26)
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.
(27)
Any facility, development or project which would
use ground or surface water in excess of 2,000,000 gallons in any
day.
(28)
Any industrial, publicly or privately owned
sewage treatment plant.
(29)
A residential development of five or more units.
(30)
Lakes or other bodies of water with a water
surface in excess of five acres.
(31)
Construction of any gas line, electric transmission
line or long-distance telephone or communications lines not regulated
by the Public Service Commission under Article VII or Article VIII
of the Public Service Law.
B. Any funding, licensing or planning activities in respect of any of the types of construction listed in Subsection
A above.
C. Application of pesticides or herbicides over more
than 500 contiguous acres.
D. Clearcutting of 20 or more contiguous acres of forest
cover or vegetation other than crops.
E. 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.
F. Any burial of radioactive materials requiring a permit
under 6 NYCRR Part 380.
G. 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.
H. Acquisition or sale by a public agency of more than
250 contiguous acres of land.