Village of Johnson City, NY Article III Exempt Actions

§ 144-5 Actions not requiring environmental review.

The following actions are exempt from the village environmental quality review, provided that all requirements contained herein have met with compliance.

§ 144-6 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 village shall have no obligation to prepare an environmental impact statement or to make findings under this chapter 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 § 144-32G and H of this chapter.

§ 144-7 Exempt actions.

The following actions are exempt from the Village Environmental Quality Review Law pursuant to Part 617.13 of the New York Codes, Rules and Regulations (NYCRR).

A. Enforcement or criminal proceedings or exercise of prosecutorial discretion in determining whether or not to institute such proceedings.

B. Ministerial actions.

C. Maintenance or repair involving no substantial changes in an existing structure or facility.

D. Actions requiring a certificate of environmental compatibility and public need under Articles VII and VIII of the New York State Public Service Law[1] and consideration, grant or denial of any such certificate.

[1] Editor's Note: Article VIII of the Public Service Law is expired.

E. 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.

F. Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.

G. Actions of the Legislature of the State of New York or of any court of law.

§ 144-8 Type II actions exempt.

Type II actions as listed in Article XI are exempt from this chapter.