The following actions are exempt from the village
environmental quality review, provided that all requirements contained
herein have met with compliance.
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.
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.
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 and consideration, grant or denial of any such certificate.
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.
Type II actions as listed in Article
XI are exempt from this chapter.