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06-18-2003 Planning & Economic Dev. Committee Meeting Agenda
MEETING NOTICE • City of Ithaca Planning& Economic Development Committee Wednesday,June 18,2003 Common Council Chambers City Hall-- 108 East Green Street 1= 7:40 p.m. Agenda A. Agenda Review B. Public Comment and Response C. Reports - Committee Members, Chair, Mayor, Planning Director D. Issues 1. Local Designation of the University Hill Historic District- Resolutions 10 minutes (materials enclosed) 2. Authorize Submission of CDBG Economic Development Application Supplemental Funding for Downtown Hotel Project ($465,000 loan to Cascade Plaza LLC, developer) - Resolutions 10 minutes (materials enclosed) 3. Ithaca Gun Site Rezoning- Concept Memo (material enclosed) 30 minutes 4. Public Art Plan - Resolutions (materials enclosed) 30 minutes 5. Environmental Protection Fund Application Phase 3 of the Cayuga Waterfront Trail-Resolution (materials enclosed) 10 minutes 6. Sign Ordinance- Resolution (materials enclosed) 30 minutes 7. SEQR/CEQR- Report(materials enclosed) 30 minutes F. Adjournment Questions about the agenda should be directed to Paulette Manos,Chairperson(273-4170)or to the appropriate staff person at the Department of Planning&Development(274-6550). Back-up material is available in the office of the Department of Planning&Development. Please note that the order of agenda items is tentative and subject to change. If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, June 17, 2003. On January 11, 2006, while in the process of pulling the information from the Department files to be archived, I discovered that there was never any minutes prepared for June 18, 2003 meeting of the Planning & Economic Development Committee of Common Council. Rosemarie Tucker Executive Assistant r H: Common Council Meeting 07/02/03 Resolution RE: LOCAL HISTORIC DISTRICT DESIGNATION OF THE UNIVERSITY HILL HISTORIC DISTRICT—PHASE I WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Commission may designate landmarks and districts of historic and cultural significance, and WHEREAS, on May 6, 2003, the Ithaca Landmarks Preservation Commission conducted a special public hearing for the purpose of considering a proposal to designate as a local historic district the University Hill survey area, the boundaries of which are shown on the attached map, and WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act and an Unlisted Action under the City Environmental Quality Review Ordinance and after conducting appropriate environmental review the Ithaca Landmarks Preservation Commission, acting as Lead Agency, has determined that the proposal will not have a significant environmental impact, and WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks Preservation Ordinance and has voted to designate the University Hill survey area a local historic district, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said designation, approve, disapprove or refer back to the Commission for modification, and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board shall file a report with the Council with respect to the relation of such designation to the master plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved, and WHEREAS, a copy of the Planning Board's report and recommendation for approval of the designation has been reviewed by the Common Council,now,therefore,be it RESOLVED, that the Ithaca Common Council finds that the designation will not conflict with the master plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, that the University Hill survey area meets the definition of a local historic district as set forth in the Municipal Code, and be it further RESOLVED, that the Ithaca Common Council approves the designation of the University Hill survey area as a local historic district. ILPC Meeting—06/02/03 Resolution-RC RE: Local Designation of the University Hill Historic District RESOLUTION: The resolution was moved by B Suber and seconded by N. Break WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission may designate landmarks and districts of historic and cultural significance, and WHEREAS, a special public hearing for the purpose of considering a proposal to designate the University Hill area which boundaries are shown on the attached map, as a local historic district has been concluded, and WHEREAS, appropriate environmental review has been conducted by the Ithaca Landmarks Preservation Commission acting as Lead Agency and it has been determined that the proposal will not have a significant environmental impact, and WHEREAS, Section 228-3 of the Municipal Code defines a HISTORIC DISTRICT as follows: An area which contains improvements which: A. Have special character or special historical or aesthetical interest or value; B. Represent one or more periods or styles of architecture typical of one or more eras in the history of the city; and C. Cause such area, by reason of such factors, to constitute a visibly perceptible section of the city. WHEREAS, the Commission has made the following findings of fact concerning the proposed designation: A. The University Hill Historic District is an area which contains improvements which have special character and special historical and aesthetical interest or value; The University Hill Historic District has a special character, special historical interest and aesthetical interest and value as a reflection of the influence of the Ezra Cornell family and the Treman family, two prominent and noteworthy local families, in the development of this portion of the city over a 60-year period . over The Ezra Cornell family and the Treman family both came to this area in the first third of the nineteenth century with no significant financial resources and through hard work accumulated substantial wealth and property. Members of both families greatly influenced the life of the community and garnered considerable public esteem by serving as benefactors or directors of Ithaca's major financial, civic and educational institutions. The Cornell family constructed several homes within the district,then subdivided its land. The 9-acre parcel on which the Treman siblings constructed their estates was sold to them by Alonzo Cornell in 1900. In 1907, Ezra Cornell's daughters created a 22 lot subdivision of land east of Llenroc fronting Stewart Avenue and Llenroc Court, identified as Llenroc Park in local newspaper reports of the time. Later, the Treman family acquired additional land from Cornell's heirs on the west side of University Avenue for construction of three carriage houses. Robert H. Treman acquired additional properties on Llenroc Court and on University Avenue. Stewart Avenue was constructed between 1888 and 1900 as a direct result of the construction of the Ithaca Street Railway, which in turn spurred residential development in this area of the district. The construction of buildings for the purpose of housing fraternities and speculative residential development in the district reflect local housing demands prompted by the unprecedented growth of Cornell University in the first decade of the twentieth century. The district derives special character as well as special historical and aesthetical interest and value through its association with notable landscape designer Warren H. Manning, (1860-1938), who created the landscape design for the three Treman estates and was commissioned to work on the Cornell University campus comprehensive plan. The district derives special character as well as special historical and aesthetical interest and value through its association with landscape architect Bryant Fleming who designed the Baldwin Memorial stairs in 1925. Fleming worked with Manning on the Cornell campus comprehensive plan and, with his former professor Liberty Hyde Bailey, developed the Depaitment of Landscape Architecture in Cornell's College of Agriculture. The district derives special character as well as special historical and aesthetical interest and value from the landscape associated with the Llenroc and Treman estates which retains a panoramic view of the Cayuga Valley, (first appreciated by New York State Surveyor General Simeon DeWitt, who built his own farm nearby), and numerous specimen trees planted during Cornell's lifetime. Also original in its configuration is Cornell Street, a gently winding ascent from University Avenue to Stewart Avenue, constructed to connect the former Dryden Road, now University Avenue, to Forest Park, Ezra Cornell's first residence on East Hill. The district derives special character as well as special historical interest and special aesthetical interest and value through its association with a number of prominent local architects, including Ithaca's most renowned architect William H. Miller. Others include Clinton Vivian,A. B. Wood and John Wilgus. A number of local contactors also made significant contributions to the district, including Ezra Cornell's brother, Elijah B. Cornell, construction foreman on many early University buildings; Robert Richard, an English stonemason who came to Ithaca to work on Llenroc and remained to work on numerous early campus buildings; and O. Daniel Edwards, who, after constructing his own home on University Avenue,built two rental properties immediately to the north. B. An area, which contains improvements, which represent one or more periods or styles of architecture typical of one or more eras in the history of the city. The Commission has received expert opinion concerning the significance of the building types and styles of architecture that include both high style and representative vernacular examples that were typical in the period between 1867, the date of the earliest extant building in the district, and 1927, the date of the latest extant building. High style architecture includes Llenroc, a stone villa designed in the Gothic Revival style, the Robert H. Treman house, 640 Stewart Avenue, an exemplary representative example of the Tudor Revival Style and the Mynderse Van Cleef house at 660 Stewart Avenue designed in the Italian Renaissance style. The buildings in the historic district include the range of American domestic revival and vernacular architectural styles popular during the late nineteenth and early twentieth centuries. Llenroc Court, developed during the 1920s, includes two uniquely American, architect-influenced styles of domestic architecture popular during the first quarter of the twentieth century; the Craftsman style and the Prairie style. The Allan H. Treman House, the last property developed in the area, is the only Colonial Revival style building in the district. The Colonial Revival style enjoyed the longest popularity of any of the Revival styles and was dominant between 1880 and 1955. C. An area which contains improvements which cause such area, by reason of such factors,to constitute a visibly perceptible section of the city. over The proposed district gains visual cohesion due to its limited 60-year development span. The west side of University Avenue consists of 2-1/2 story frame residential structures, built predominantly within two narrow construction periods, 1873-8 and 1890-3. The residential lots are of relatively.uniform size and the homes'are similarly sited on the steep ascent up the side of University Hill. The large Cornell and Treman family estates each have unique visual character. Llenroc still commands its open site and vista. The site and landscape of the Treman homes retain their cohesive form. University Avenue includes a contiguous row of three exemplary carriage houses that are excellent representative examples of this building type. Together they form a unique visual entity. WHEREAS, the Commission adopts as its own the documentation and information more fully set forth in the report dated April 18, 2003, prepared for the City of Ithaca by Janet Shure of Historic Ithaca as amended by the Commission at this public hearing and expert opinion expressed at the public hearing,now,therefore,be it RESOLVED, that the Ithaca Landmarks Preservation Commission, determines that the University Hill Historic District meets the definition of an historic district as set forth in Section 228-3 of the Municipal Code, Landmarks Preservation, Definitions — Historic District and be it further RESOLVED, that the Commission hereby designates University Hill survey area, which boundaries are shown on the attached map, as a local historic district. RECORD OF VOTE: Carried 5-0-0 Yes No Abstain N. Brcak 0 0 N. Falconer K. Foley J. Martin B. Suber CORNELL-TREMAN HISTORIC DISTRICT SURVEY AREA City of Ithaca NY 2003 grri 1110111 lim ‘11;garl.7 *Ninsins Iwo , , , \ ■ mum D ° Li {11 \_4,/ 0 1,,..mem.a... — ammo lel Illik ii... 2 L" D It. -* - M 1- IVERSIT-Y-AVENUe =`F, IA IMF' _ . . 1 ' SCALE: 1 in= 300 ft IMR Irma st _ D ' ,• ....... ,.... c, ,6> _ ...: ,,. iiii w" . MN cfl nit rz Ball mi la 6' n m Gam ' r-rj IN IT 6V1 El B 111 13 Mini o gm tam Immo illom r-Tall• ° Fii D NI rriL) Id i61 EMIAli LaMar 0 ill ! 0 ,. 0 1;L+lt' C+er7 c amino \_ 731n, , * 110311111 �'_IC ' GORNE-L-L=AVENUE ' ik 144 64 m.I .1ft Fil MI ,i \ Mt Limmicap sum A L. w miii: wedNut ] m lik \-3' A.,...LAM Elt Jim rn Mon la _460k el 0 C ■ Cr e ee -_L Nay EiNgiNn,-- m File ** * 13a -p; tt'i all a roar 4:1 '-nj mii•Lvm, ilD -" � SCA�ILI�,A PA --"J' p--- . , A 4 wilinE, ow __,...„fielit. 4# _4■1111.."9/1/1042114 Map Prepared by Dept of Planning&Development,City of Ithaca NY April 2003 Cornell-Treman Historic District' Period of Significance 1867-1927 Possessing a sweeping view of the City of Ithaca, the Cayuga Inlet and Cayuga Lake valley, the proposed Cornell-Treman Historic District is in northern portion of an area locally referred to as _ University Hill. . The district encompasses 41 individual properties,most in residential use. Two are authored landscapes, one is the site of a previously demolished residence and one is a previously excavated archeological site which has been determined eligible for listing in the National Register of Historic Places. The district is significant for its relationship with two important Ithaca families, the Cornelis and Tremans. Both came to this area in the first third of the nineteenth century with no significant financial resources,but through hard work accumulated substantial wealth and property. Both families later offered their resources to the community, serving as benefactors or directors of the Ithaca's major financial, civic and educational institutions,thus garnering considerable public esteem. The district was the location of their family homes and center of their civic largesse. The district includes property associated with Ezra Cornell, founder of Cornell University, which was located on a substantial portion of his 300 acre East Hill farm,Forest Park. Perhaps desiring to protect his views, Ezra purchased the land south and west of his home. During his lifetime just one property was sold from this parcel. With additional purchases by Cornell's wife and relations the Cornell family came to own all the land located between University Avenue and Stewart Avenue north of the City Cemetery. The district includes Llenroc, the Ezra Cornell family's last estate, completed after his death in 1874. By the first decade of the twentieth century,the Treman family had become the dominant landowners on University Hill,having purchased substantial additional portions of the Cornell family holdings. Between 1900 and 1902,Treman siblings Robert, Charles and Elizabeth constructed their homes on a nine-acre parcel between University and Stewart Avenues, engaging Boston-based landscape architect Warren Manning to landscape the grounds. The Tremans were one of Ithaca and Tompkins County's most prominent families of the 19th and early 20`h centuries. Among Robert's enduring legacies is the establishment of the Finger Lakes Park System. Sister Elizabeth was married to Mynderse Van Cleef, who established a prestigious law firm in Ithaca and whose clients included Cornell University. Charles Treman was active in local regional and New York State affairs, serving as Superintendent of Public Works for the State of New York and Cornell University trustee. Robert's son Allan also participated in the civic and academic life of the city the 1975 dedication of the Allan H. Treman State Marine Park following his death in 1975. All of the buildings in the historic district were constructed as detached residential structures, with one notable exception, the Baldwin Memorial Stairs, designed by Bryant Fleming and built in 1925. District buildings display the range of American domestic revival and vernacular architectural styles popular during the late nineteenth century and early twentieth century. Ezra Cornell's own home, Llenroc is listed on the National Register of Historic Places as Ithaca's finest and best-preserved masonry Gothic Revival Style residence. William H. Miller, Ithaca's most prominent late nineteenth—early 20`h century architect, designed the Elizabeth Van Cleef and Robert Treman estates. Other residential structures in the district consist primarily of two- and-one-half-story frame dwellings designed in the Italianate, Second Empire, Stick, Folk Victorian, Queen Anne and Colonial Revival styles and the bungalow mode. The contiguous siting of the three exemplary carriage houses on University Avenue is a feature unique to this historic district. •This narrative draws on the Cornell Treman Historic District Description prepared for the City of Ithaca by Janet Shure, Director of Preservation Services,Historic Ithaca, Inc. Criteria for Local historic district designation is set forth in the Ithaca Landmarks Preservation Ordinance as follows: A. Have special character or special historical or aesthetical interest or value; B. Represent one or more periods or styles of architecture typical of one or more eras in the history of the city; and C. Cause such area,by reason of such factors, to constitute a visibly perceptible section of the city Local landmark designation will physically preserve this historic resource and its exterior identifying visual characteristics. The Ithaca Landmarks Preservation Ordinance provides that any proposed exterior alteration be reviewed and approved by the City's Landmarks Preservation Commission prior to the issuance of a building permit. Demolition is prohibited unless the Commission finds that" (a) In the case of commercial property,that prohibition of the demolition prevent the owner of the property from earning a reasonable return; or (b) In the case of non-commercial property, all of the following" [1} That the preservation of the structure will seriously interfere with the use of the property [2} That the structure is no0t capable of conversion to a useful purpose without excessive costs [3} That the cost of maintaining the structure without use would entail serious expenditure, all in the laugh of the purposes and resources of the owner. Owners of property designated under the Landmarks Preservation Ordinance are also eligible for tax abatement on any increase to property assessment resulting from investment in rehabilitation. Requirements and restrictions are enumerated in Section 300-20 of the Municipal Code, City Ordinance 97-13 entitled"Real Property Tax Exemptions for Historic Properties". ez2 Project Number: Governor's Office for Small Cities Economic Development Project Preliminary Evaluation Questionnaire • 1. Community/Applicant Information Name of Applicant: City of Ithaca, NY Chief Elected Official of the Applicant Community Name: Alan J. Cohen Title: Mayor Organization: City of Ithaca Address: Office of the Mayor 108 E. Green Street Ithaca, NY 14850 Telephone: (607) 274-6501 Fax: (607)274-65558 E-mail: Mayor(c�cityofithaca.orq Staff Contact for the Applicant Name: Nels Bohn Title: Director of Community Development Organization: Ithaca Urban Renewal Agency Address: 108 E. Green Street Ithaca, NY 14850 Telephone: (607) 274-6547 Fax: (607) 274-6558 E-mail: nelsb(c�cityofithaca.orq 2. Project Description Project Location: Downtown Ithaca- Northwest corner of N. Tioga Street and E. Seneca Street, City of Ithaca, NY, including: • 123 E. Buffalo Street, SBL#61.-5-5 • 125 E. Buffalo Street, SBL#61.-5-6 • 128-134 E. Seneca Street, SBL#61.-5-8 • 126 E. Seneca Street, SBL-61.-5-9 • 122 E. Seneca Street, SBL#61.-5-10 Describe the proposed project and the nature of need of the business or other end user. Ciminelli Development Company, Inc, along with local interests led by the Lambrou family. is proposing a landmark mixed-use project for Downtown Ithaca. The project will consist of approximately 100,000 square feet of class A office and ground floor retail space, and a 104 ± room Hilton "Urban' Garden Inn. The 9 story, 175,000 square foot building would be anchored by Cornell University under a Icng-term City of Ithaca, NY PEO—Downtown Hilton Garden Inn Page 1 of 11 lease arrangement. The proposed location for the project is the northwest corner of Tioga and E. Seneca Streets in the heart of downtown Ithaca. The site is within the City of Ithaca Urban Renewal District covered by the Urban Renewal Plan enacted in 1975. The project is scheduled for completion in late fall of 2004. When completed, it is estimated that this building will house approximately 535 employees, an increase in the downtown employment base of over:15%. - Cornell University is serving as the catalyst for the project for the purpose of invigorating the downtown core and sustaining the City of Ithaca as one of New York State's quality communities. Through an extensive selection process conducted in the fall of 2001, Ciminelli Development Company of Buffalo, NY was selected by Cornell to develop the mixed-use project. Cornell University will be the anchor tenant in the office component of the project that will contain an additional speculative office and ground floor retail space. The Hilton Garden Inn will add 104+/-rooms to downtown. The developer has acquired the hotel franchise which will be the first new hotel constructed downtown in over 20 years. Businesses occupying the building will employ 535 people with an annual payroll over$20 million that, when combined with hotel guests,will serve as a substantial pedestrian traffic generator to revitalize the downtown core. The strength of the Cornell lease commitment is leveraging over$50 million in direct downtown investment. The Cornell office/hotel project represents an investment of$28 million. Linked to the Cornell hotel/office project,the City of Ithaca is sponsoring the development of a companion mixed-use project consisting of an$18 million public parking garage plus additional retail space and multi-family apartments to be developed by private interests. The companion project will be undertaken simultaneously but is contingent upon the applicant project proceeding. The economically most risky component of the project is the downtown hotel project. CDBG funding is sought to assist the hotel component of the mixed-use project. Describe the benefit of the proposed project to the community. The direct economic impact projections as a result of the proposed project are as follows: • Permanent downtown employment of over 500 jobs representing over$20 million in payroll. • Total annual project visitation of 80,000. • $4.6 million annually in new retail and food/beverage sales • $281,000 increase in City's annual sales tax revenues • $150,000 in local room tax for the County • $500,000 in average annual property taxes generated from project • Over 200 construction jobs As a major"flagship" project for downtown, it is anticipated that significant"spin-off'economic impact will also occur to strengthen business activity at downtown retail businesses, restaurants and cultural/entertainment venues located downtown. The hotel component of the project is projected to create 64.5 FTE permanent employment opportunities. City of Ithaca, NY PEO—Downtown Hilton Garden Inn Page 2 of 11 3. Description of Business(es) to be assisted or other end user. Name of Business(es): The owner of the Hilton Garden Inn hotel is Cascade Plaza, LLC. Ciminelli Development Company, - Inc. is acting as Cascade Plaza, LLC's agent to develop the project. Other tenants in the mixed-use project, who will not receive requested CDBG financial assistance, include Cornell University, ground floor retail businesses and office tenants. The anchor tenant of the office component of the project is Cornell University. They will occupy between 55,000 and 65,000 square feet out of a total of 92,000+/-square feet of office space to house University administrative staff. The 9,300 +/-square feet of ground floor retail space is anticipated to be occupied by up to 4 businesses including a branch bank,full service restaurant(either operated by the hotel or a third party),coffee shop/deli and a specialty merchandise retailer. The remaining office space not occupied by Cornell is anticipated to be occupied by financial services related firms seeking Class A office space and larger floor plates not typical of the Ithaca market. The project has received advanced interest from other businesses seeking to locate in the project. This advance interest in the project is due to the following factors(a)downtown Ithaca does not have any "true"Class A office space which there is pent up demand for, (b)the office building will have a large floor plate not available in the greater Ithaca office market, (c)the building will be located at one of the busiest intersections in downtown,contiguous to The Commons(Ithaca's downtown pedestrian mall) and(d)the building will contain over 500 employees and 100 to 200 hotel guests per day creating an "resident"market for ground floor retailers. Describe the Business: Cascade Plaza, LLC was formed by Ciminelli Development Company, Inc.to undertake and own this downtown mixed-use project. 70%of Cascade Plaza LLC is controlled by Ciminelli Development Company, Inc., a Buffalo based developer founded in 1981. The company has developed approximately 7 million square feet of space in Western New York State and Florida. The end user assisted will be the Hilton Garden Inn hotel owned by Cascade Plaza LLC, which holds a franchise agreement with the Hilton Hotel Corporation. The Hilton Garden Inn hotel is a member of the Hilton Hotel Corporation's family of hotel brands that include Hilton, Doubletree, Embassy Suites and Hampton Inns. Cascade Plaza LLC holds a franchise for the proposed Hilton Garden Inn hotel in downtown Ithaca. The Hilton Garden Inn is positioned as a mid-priced, full-service hotel product catering to both business and leisure travelers. There are currently 155 Hilton Garden Inn hotels in North America. The Hilton Garden Inn brand recently received the distinguished "Highest Guest Satisfaction Among Mid-Price Hotel Chains with Full Service" award in the J.D. Power and Associates 2002 North America Hotel Guest Satisfaction Study. List the Current Location(s) of the Business(es). 1. Cascade Plaza LLC and Ciminelli Development Company, Inc. are located in Amherst, Neal York, a suburb of Buffalo. Cary of Ithaca, NY PEO—Downtown Hilton Garden Inn Page 3 of 11 2. The Cornell departments that will occupy the building are located primarily within the Cornell Business & Technology Park located in the village of Lansing, a primary suburb north of Ithaca. Upon relocation to the new facility, Cornell will re-lease the existing building to high technology start up companies. • 3. Proposed Hilton Garden Inn will be new to the region. List the current number of employees at each location. The hotel employees will be new employees. Approximately 230±existing Cornell employees would re-locate to the proposed building. An additional 70±employees are anticipated to be added by Cornell over the next three years. Type of Proposed or Existing Ownership Structure Ownership Structure: Corporation The project will be divided into two components with two different ownership entities. The Cornell office space envelop will be owned by a 501(c)(3) (not for profit)entity by the name of CDP Cornell, Inc. (an affiliate of the National Development Council)under a ground/air rights lease with Cascade Plaza LLC. Cascade Plaza LLC will own the balance of the project,the hotel and speculative office&retail space. This application is being made on behalf of the hotel component of the project owned by Cascade Plaza LLC. Cascade Plaza LLC is a for-profit entity formed by members of Ciminelli Development Company, Inc. and local Ithaca interests to undertake this project. More specifically, Cascade Plaza is comprised of Ithaca Towers LLC,whose members include principals of Buffalo-based Ciminelli Development Company, Inc., and N&J Enterprises LLC. N&J Enterprises LLC is an entity owned by Constantine and Nicholas Lambrou (33%), William Avramis (33%)and James Cherocci(33%). Ithaca Towers LLC will own not less than 70%of the project and N&J Enterprises LLC will own not more than 30%of the project. Describe other end users Office space will accommodate a relocation &expansion of Cornell University Alumni Affairs& Development Office. Cornell University is a world-renowned institution of higher learning founded in 1865. Located in Ithaca, New York, Cornell maintains a 750+/-acre campus with a student population of around 20,000. Cornell is the largest employer in Tompkins County. Cornell University currently has no significant facilities or employment located in downtown Ithaca. The 9,300 +/-square feet of ground floor retail space is anticipated to be occupied by up to 4 businesses including a financial services business, a full service restaurant(either operated by the hotel or a third party), coffee shop/deli, and a specialty merchandise retailer. City of Ithaca. NY PEO—Downtown Hilton Garden Inn Page 4 of 11 4. Public Benefit Provide the following information regarding number of jobs to be created/retained: Year 1 Year 2 Year 3 Total Total LMI Job Creation 64.5 0 0 64.5 56.5 Job Retention NA Enter the total number of jobs created/retained that are considered held by or made available to persons of low-and moderate-income. Provide the following information regarding the type of jobs to be created/retained. Please see Employment Schedule on following page. All employment reported will be"created"jobs. • City of Ithaca, NY PEO—Doltntoirn Hilton Garden Inn • Page 5 of 11 Hotel/Building Operation Employment Schedule Qty- Job Title Skill/Education Req'd Hours/wk Wage range Health* FTE Benefits- 15 Housekeeping,janitorial Some Schooling,Grade 30-35 $6.50-7.00/hr Yes (hotel&office space) School 1.5 Maintenance Trade schooling, HS diploma, 35 $28,000/yr Yes Superintendent NYS driver's license 6 Valet/bellman HS diploma, NYS driver's 20-35 $6.50-7.00/hr Yes license 2 Porters Some Schooling,Grade 30-35 $6.50-7.00/hr Yes School 1 General Manager College Degree,NYS driver's 40 60,000/yr Yes license 1 Assistant Gen.Mgr. College Degree,NYS driver's 40 $40,000/yr Yes license 1 Sales Manager College Degree,NYS driver's 40 40,000/yr Yes license 1 Housekeeping Manager Associates Degree,NYS 40 25,000/yr Yes driver's license 1 Food and Beverage Mgr College Degree,NYS driver's 40 30,000/yr Yes license 8.5 Front Desk Clerk/night HS Diploma 25—35 $15,000- Yes auditor 16,000/yr 1 Book keeper Associates Degree 40 $16,000- Yes $16,500/yr 1.5 Bartender HS Diploma, trade schooling or 20—35 $9.00-10.00/hr Yes prior experience,NYS driver's license 1 Chef College Degree, NYS driver's 40 40,000/yr Yes license 3 Cooks HS diploma 20—35 $9.00-10.00/hr Yes 2 Salad/pantry cooks HS diploma 20—35 $9.00-10.00/hr Yes 3.5 Dishwashing Some Schooling, Grade 20—35 $6.50—7.00/hr Yes School 6 Servers HS diploma 25-35 $7.00-7.50/hr Yes 3.5 Buspersons HS diploma 20-35 $7.00—7.25/hr Yes 3.5 Hostess/cashiers HS diploma 20-35 $9.00-10/hr Yes 1.5 Security Guard HS Diploma, Bonded 25-35 $7.00-7.25/hr Yes 64.5 TOTAL * Note: It is anticipated that health benefits will be available to all employees of the hotel subject to varying levels of employee contribution toward its cost. City of Ithaca, NY PEO—Downtown Hilton Garden Inn Page 6 of 11 For retained jobs—has the business documented that the person(s)who currently hold the job(s) to be retained qualifies as a low-and moderate-income person(s) according to HUD income limits for the locality? NA •. For retained jobs—has the business stated in writing or otherwise that the jobs to be retained will be eliminated if the project does not receive CDBG funding? NA For retained jobs—state the reason jobs will be eliminated if the project does not receive funding. NA 5. Project Financing Type of Project Business Loan/Grant Infrastructure • Expansion X Start up Infrastructure X Other(specify) New construction of 104-room hotel as part of a 175,000 sq.ft., 9-story,downtown, mixed-use development project, including 92,000 sq.ft.of Class A office space and 9,200 sq.ft.of retail. Describe the terms and conditions of CDBG loan/grant. There are two CDBG funding sources for this project: • Requested FY 2003 CDBG: $465,000 amortizing loan at 2% over 20 years (subject to negotiation). • FY 2000 CDBG Award: $285,000 After deduction of(1) necessary and appropriate relocation assistance to displaced businesses, and (2) CDBG delivery, the remaining unobligated FY 2000 CDBG balance will be loaned to Cascade Plaza LLC as an amortizing loan at 2%over 20 years. Following is a projected allocation of the use of FY 2000 CDBG funds. $230,000 amortizing loan at 2%over 20 years (subject to negotiation). $55,000 estimated relocation assistance provided to 3 small business tenants $10,000 delivery $285,000 FY 2000 CDBG award for downtown hotel Security: 2nd mortgage position on the project property& 2'd assignment of leases &rents. Guarantee: joint and several guarantee of all members of the Borrower. The guarantees will be released upon the subject generating 1.35:1 Debt Service Coverage Ratio (as defined in bank loan commitment letter) for 36 consecutive months. City of Ithaca, NY PEO—Downtown Hilton Garden Inn Page 7 of I 1 Does the business have a current business plan? Yes X No If yes, please provide a copy. Attach a copy of the company's current,past 3 years and projected financial statements, including" balance sheets and income statements. Sources and Uses -Complete the following table. Hotel Only Use of Funds Sources of Funds List the Uses of Funds FY 2003 Equity Lenders Total CDBG Land Acquisition $620,000 $254,000 $874,000 Building Demo./Construction $1,265,000 $4,573,000 $5,838,000 Interior Construction $3,707,000 $3,707,000 Hotel F,F&E $802,000 $802,000 Arch. &Engineering $388,000 $388,000 Soft costs—legal,const. interest, financing costs, relocation asst., start-up costs, hotel franchise, etc... $120,000 $1,055,000 $1,175,000 Administration $0 $0 Program Delivery $10,000 $10,000 Total $750,000 $3,764,000 $8,280,000 $12,794,000 Total 175,000 Sq. Ft. Downtown Mixed Use Project Use of Funds Sources of Funds _ List the Uses of Funds CDBG I Equity Lenders Total Land Acquisition $620,000 $2,307,000 Building Demo./Construction $0 $15,352,000 Interior Construction $0 $6,218,000 F, F&E - $0 $852,000 Arch. & Engineering $0 $948,000 Soft costs—legal, const. interest, financing costs, relocation asst., start-up costs, $120,000 $2,718,000 hotel franchise, etc. CDBG Administration 0 I I 0 CDBG Program Delivery $10,000 I $10,000 Total $750,000 I $9,722,000 I $17,933,000 S28,405,000 City of Ithaca, NY PEO—Downtown Hilton Garden Inn Page 8 of 11 List all proposed sources of funds and the current status of the commitment for each source. Sources of Funds Commitment Status Bank Detailed 2/7/03 loan proposal from M&T Bank, final commitment being negotiated CDBG - 2000 $275,000 awarded for project in 2000 CDBG NYSERDA Projected funding source; review process underway CDBG —2003 Projected funding source via enclosed application Equity Commitment per Investor group meeting (5/16/03) Describe the need for CDBG assistance(describe the initial gap to be filled). The project has an economic feasibility gap that would be closed with the assistance of(a)an approved property and sales tax abatement application through the Tompkins County I.D.A. (b)an issuance of tax-exempt financing by the Tompkins County I.D.A.for the portion of the office space to be occupied by Cornell(preliminarily approved)and (c) increase in the CDBG assistance to .cover relocation expenses and a portion of land acquisition and soft costs. The project has an economic feasibility gap due to its development cost exceeding the revenue it can expect to achieve via fair market rates for the hotel rooms. This"imbalance"is due to a development cost • premium caused by,among other things, high land cost involving acquisition and demolition of improved property, high construction costs resulting from(a) logistics related costs of downtown construction and (b)increased design&construction costs associated with integration and "stacking"of the hotel on top of the office building. The attached pro-forma shows that the cash-on-cash return and internal rate of return for the hotel component of the project fall below normal market thresholds to attract equity for a new downtown hotel project. The annual internal rate of return is projected at less than 8%. 6. Project Schedule Provide a brief description outlining the project schedule including expenditure of CDBG funds. - August 2003 Property Acquisition Closings(CDBG Expenditures) July—Sept. 2003 Relocation of Business Tenants (CDBG Expenditures) Oct. 2003 Demolition Nov. 2003—Nov. 2004 Construction Dec. 2004 Opening 7. Job-Pirating Does the business have a plant, facility or operation in a Labor Market Area (LMA) outside the recipient's LMA? Yes X No City of Ithaca, NY PEQ—Downtown Hilton Garden Inn Page 9 of 11 If yes, does the business plan to relocate jobs from an existing facility in a LMA outside the recipient's LMA to the recipient's LMA,thereby creating job loss at existing facilities? Yes No (Not Applicable) If yes, the business must document whether the number of workers employed by the business at each of the locations would constitute a significant job loss. 8. General Identify any site or permitting issues that may affect the project- SEQRA is complete for project. Site Plan Review approval is scheduled for 6/10/03. Identify potential site control issues—none Two parcels are under option. Business terms have been reached with the remaining property owners. The"hold-out"property owner has executed an option agreement to convey his interest to the Ithaca Urban Renewal Agency(IURA)through a"friendly"eminent domain proceeding. The IURA voted on May 23,2003 to proceed with eminent domain to acquire the project site. Identify potential state permits-NYSDOT curb cut permit Identify potential federal permits-none Identify potential environmental issues -SEQR completed 2/18/03 9. Additional Information-Provide any additional information regarding the project that may be beneficial in-evaluating the potential public benefit of the project. The intent Cornell's sponsorship of the proposed (applicant) project is to stimulate further economic development for the purposes of revitalizing downtown Ithaca, in particular, a designated Urban Renewal Area within the City. The initial announcement of the applicant project over two years ago has already resulted in favorable economic impact in the City of Ithaca. Examples of"spin-off' developments include the Gateway re-development project featuring office, retail and housing located immediately east of The Commons and the modemization of the Holiday Inn, downtown's only other hotel. Also, the City of Ithaca is commencing construction of the parking component of a major mixed- use public/private project that will consist of a residential and retail component to be undertaken by a private developer from Rochester. This public/private project is contingent upon the applicant project proceeding. It is expected that the completion of the applicant project will encourage further investment in downtown that will (a) increase the overall tax base, (b) create job opportunities and (c) improve the overall quality of life and attractiveness of the City of Ithaca and downtown. City of Ithaca, IVY PEO—Downtown Hilton Garden Inn Page 10 of 11 10. Miscellaneous Is the Company, or any of its principal officers,presently the subject of litigation, or is nay litigation threatened, which would have a material adverse effect on the Company's financial condition? Yes X No Has the Company, any of its principal officers, or any of its affiliates, ever been involved in bankruptcy, a creditor's rights or receivership proceeding, or sought protection from creditors? Yes X No Has the Company, or any of its affiliates, ever settled debt with a lending institution for less than the full amount outstanding? Yes X No Has any senior manager or principal of the Company ever been convicted of any felony or misdemeanor, other than a minor traffic violation,or are any such charges pending? Yes X No Has the Company, or any of its affiliates,been cited for a violation of federal, state, or local laws or regulations with respect to labor practices, hazardous wastes, environmental pollution operating practices? Yes X No 11. Submitted by Chief Elected Official: Name: Alan J. Cohen Title: - Mayor Organization: City of Ithaca Address: 108 E. Green Street Ithaca, NY 14850 Telephone: (607) 274-6501 E-Mail: Mayor @cityofithaca.org Signature: l Date: L Alan J. rohen, Mayor Enclosures q^,planning\community development`edbg 2003`ed ciminelli hotel peg-6-1-03.doc City of Ithaca, NY PEO—Downtown Hilton Garden in.n Page I I of I I F Proposed Resolution Planning & Economic Development Committee June 18, 2003 FY 2003 Open Round Economic Development Small Cities CDBGapplication—Cascade Plaza, LLC WHEREAS, on January 6, 2003 the Governor's Office for Small Cities announced the availability of funding for the Economic Development (ED) Open Round for FY 2003 of the New York State administered Small Cities Community Development Block Grant(CDBG) Program, and WHEREAS, under the ED Open Round eligible communities can apply for up to $750,000 of funding per year to assist economic development projects in addition to an annual round Small Cities CDBG application, and WHEREAS, the IURA has been working for over three years to facilitate a downtown hotel as one of several catalyst projects to strengthen the downtown economy, and WHEREAS, the City of Ithaca's approved FY 2000 Small Cities CDBG application included $275,000 of loan assistance to N &J Enterprises, LLC, the developer of a proposed $8 million downtown hotel, and WHEREAS, the N &J Enterprises, LLC was unable to secure adequate financing to complete the project, and WHEREAS, no CDBG loan funds have been disbursed to N &J Enterprises, LLC, and WHEREAS, Cascade Plaza, LLC has been formed to undertake the downtown hotel project, and WHEREAS, ownership of Cascade Plaza, LLC consists of 70% interest owned collectively by Frank L. Ciminelli, Paul F. Ciminelli and John A. Ciminelli, and 30% interest owned by N &J Enterprises, Inc., and WHEREAS, Cascade Plaza, LLC proposes to construct an approximately$10 million, 104-room, Hilton Garden Inn hotel at 122, 126 and 134 East Seneca Street as part of a 9-story, 175,000 square foot mixed- use development, and WHEREAS, the project is projected to create 64.5 FTE employment opportunities, and WHEREAS, Cascade Plaza, LLC agrees to commit equity equal to approximately 24% of the project cost, and WHEREAS, the project faces a financial feasibility gap due to the cost of development and construction of the hotel as part of a mixed-use project located in a dense urban setting and the expense of relocation assistance to displaced businesses, and WHEREAS, the Governor's Office For Small Cities invited the City of Ithaca to submit a Preliminary Evaluation Questionnaire (PEQ) describing the project and the proposed loan terms to assist the project, and WHEREAS, the PEQ was submitted on June 5, 2003 seeking $465,000 of additional assistance that is proposed to be loaned to Cascade Plaza, LLC for the downtown Hilton Garden Inn project, and WHEREAS, preliminary review of the PEQ suggests that the Governor's Office for Small Cities will invite the City of Ithaca to submit a formal ED Open Round Small Cities CDBG application, and WHEREAS, a formal CDBG Economic Development application requires a public hearing and City of Ithaca Common Council approval, and WHEREAS, Ithaca Urban Renewal Agency recommends that the Common Council authorize submission of a FY 2003 Open Round Economic Development Community Development Block Grant application for the downtown Hilton Garden Inn, a component of the Cornell/Ciminelli Downtown Mixed-Use Project, and WHEREAS,an environmental review was completed for the Downtown Development Project on February 18, 2003, which included the proposed Comell/Ciminelli Downtown Mixed Use project, and WHEREAS, a public hearing on the proposed application was held on July 2, 2003, now, therefore be it RESOLVED, that the Common Council hereby authorizes and directs the IURA to submit a$465,000 FY 2003 Open Round Economic Development Small Cities CDBG application to provide loan assistance to Cascade Plaza LLC to develop the downtown Hilton Garden Inn project, and be it,further RESOLVED, that the Common Council authorizes the IURA to administer and implement all CDBG activities in accordance with applicable regulations, including, but not limited to, Title 24, Section 570 of the Code of Federal Regulations, and be it further, RESOLVED, that the Mayor, upon the advise of the Legal Counsel and the Executive Director of the IURA, is hereby authorized to execute any and all documents for the submission of this application, acceptance of funding and implementation of the program. q:lplanningl staff lnelsliuralloanslcdbglcascade plazalreso p&ed reso submit cdbg appl 6-11-03.doc • MEMORANDUM TO: Planning and Economic Development Committee FROM: Terry Plater, Public Art Commission Chair, and Public Art Commission Members RE: Public Art Plan Draft DATE: June 12, 2003 • The Public Art Commission is very pleased to forward the attached draft of a public art plan, which the commission has been working on since November. The draft plan represents our recommendations for processes and procedures for choosing art for the City of Ithaca. This item will be on the agenda of the June 18 Planning and Economic Development Committee meeting. Representatives of the commission will be in attendance to discuss the plan and answer questions. The City of Ithaca has been involved in public art activity for fifteen years, but this is the biggest step taken yet toward a comprehensive and systematic approach to public art. The commission looks forward to your input and hopes that Common Council will be able to take official action on the plan once the review process is complete. y - r • Draft/Draft/Draft JUNE 12, 2003 PUBLIC ART PLAN CITY OF ITHACA Prepared by the Public Art Commission Terry Plater, Commission Chair Leslie Carrere, Commission member Sally Grubb, Commission member Barbara Mink, Commission member Alan Nemcek, Commission member Susan Blumenthal, Common Council, liaison JoAnn Cornish, City staff, liaison Richard Driscoll, Community Arts Partnership, liaison Gary Ferguson, Ithaca Downtown Partnership, liaison With Martha Frommelt, Consultant "The presence of public, outdoor art in any community is an integral part of a healthy culture that provides significant value to both residents and visitors. Public art and monuments promote social gathering and interaction. The art automatically becomes an identifiable point in the urban environment." Matthew Braun, Executive Director Dewitt Historical Society of Tompkins County Submitted to the Mayor and Common Council June 2003 N OVERVIEW draft 6/12/03 The Public Art Commission (PAC) began work on a comprehensive public art plan in the fall of 2002, following adoption of ordinance#20_by the City of Ithaca's Common Council. Gathering input from key informants in the community representing visual arts, education, business, individual artists and civic groups, the commission drafted a long-term plan for public art. In addition, research into public art best practices was used to develop the processes and procedures recommended in this plan. The commission's goal is that the plan for public art will serve several purposes: • To identify and recognize the city's past efforts and call attention to the city's existing holdings. • To establish a vision and serve as a guide to lay the foundation for a comprehensive program for public art in the city. • To help educate the public about the value of public art in the community. • To identify critical issues, procedures, and best practices that need to be agreed upon in order to establish a successful program. • To present ideas to formulate funding mechanisms to support a public art program in the city. • To enhance economic development in the city, helping to attract businesses, employees and tourists to the area. Public art programs, combined with other cultural activities, have helped make communities interesting and attractive places to live and work. Ithaca's vital artist community and supportive business climate make a comprehensive public art program the logical next step in community enhancement. The Public Art Commission believes Ithaca and Tompkins County have both the artists and audiences to support a public art plan. The City of Ithaca has already demonstrated appreciation for the place of public art in our community. Through projects like the Commons rails, the Centennial art collection, and area murals, the city has supported art as a part of the spectrum of community values. Building on existing programs like"Art in the Heart"and the Greater Ithaca Art Trail while identifying potential city public art sites and processes, the Public Art Commission hopes to contribute to the City of Ithaca's vision of a"model community: a great place to create, dream, live, learn, work and play." The plan is presented with the understanding that not all facets of the proposed program can be put in place immediately. Full implementation will require a larger commitment to public art by the city over the long run. Some pieces of the plan can be implemented in the near future. However, the Public Art Commission hopes that full realization of this plan will occur as the resources become available to the city. "The arts are an integral part of a healthy culture and provide significant value to both the community and the artists. Public art offers an alternate context in which to contemplate art;outside of an institution and in our everyday lives. It can function as a daily reminder of the value and power of creative expression. As artists respond to the physical and psychological nature of our landscape, their work can connect us to the diversity and stories of our neighborhoods. The arts are a valuable resource in our community and need support and exchange. Such a program can encourage discourse, innovation and experimentation in the arts, energizing the spirit of both artists and audiences." Carol Spence, Ithaca City School District Fine Arts Chair, High School 2 TABLE OF CONTENTS DRAFT 6/12/03 Page Number Overview 2 Table of Contents 3 Background:A Brief History of Public Art in Ithaca 4-6 Public Art Values,Vision and Goals 7 Public Art Plan Creation 8 Plan Summary 9 Program Elements 10 Acquisitions Program 11-12 Donations Program 13 On-Loan Program 14 Administration of Public Art Plan 15 Purpose 15 Public Art Commission 15-16 Other Public Art Partners 16 Contracted agencies 16 Acquisition and Donations Advisory Panel 16 Partnership agencies 16 Delineation of Responsibilities within City 16-17 Proposed Collaboration City Departments 17 Public Meetings 18 Program Evaluation Goals 18 Partnerships 18 Other Design Services—Artist Collaborations 18 Education/Public Information Program 19 Maintenance Program 20-21 Proposed Locations for Public Art 22-23 Budget 24-25 Proposed Objectives 26-27 Public Art Ideas 28-29 Artist Policy 30 Appendices 31 A. Acquisition Steps 32-34 B. Donations Steps 35 C. Appeals Process 36 D. Discussion of Selection Criteria 37-38 E. City Artwork Directory 39-40 F. Funding Methods and Sources 41-45 G. Public Art Plan Key Informants 46-47 H. Public Art Resources 48-49 I. Potential Public Art Partners 50-51 J. Funding Sources 52 K. Contracts 53 L. Public Art Commission Members 2002-03 54-55 M. VARA Visual Artists Rights Act 56 N. Ithaca Downtown Partnership: Plan for Downtown 57-58 3 r BACKGROUND: A BRIEF HISTORY OF PUBLIC ART IN ITHACA draft 6/12/03 The City of Ithaca has long been concerned with the visual appeal of its community. Through neighborhood initiatives, historic preservation efforts, as well as design and landscape requirements for new development, the City sets guidelines for spaces and buildings. Over the past fifteen years, the City has also strived to enhance the visual appeal of the community through the acquisition of art works and acceptance of donated works. Below is a brief description of the City's public art efforts to date and some key events that form the backdrop to this plan. In 1988, the City celebrated its centennial with many activities and programs. Under the Centennial Commission (the nonprofit group that organized the festivities), an Arts and Culture Committee was established made up of city residents and chaired by Tom Niederkorn. This committee had a budget of approximately$30,000 that was used to sponsor a series of arts events and to purchase a collection of art for the city. The collection was curated by Jean Deming, former Commons Coordinator, and a committee that included Sally Grubb, Jill Hartz, Thomas Leavitt and Carleen Skawski. Over a dozen pieces were acquired which are displayed in corridors and offices of City Hall, although the intent had been to display them in public buildings throughout the city. In 1992, a seven-member Advisory Commission on Art and Design for Public Spaces was established to replace and take over the responsibilities of the Centennial Commission and to add to the existing collection of art for public places owned by the City. August 1993 marked the completion of a brick and trolley rail sculpture by artist Gail Scott White on The Commons near the center pavilion. This project commemorated Ithaca's old trolley car system and included the names of 30 local geographic features. In 1994, Art Under Foot—a series of historic markers in The Commons pavement—were laid under the guidance of Jon Meigs with artwork contributed by Bill Benson. An explanatory plaque was placed on the electrical box in Bank Alley. In 1999, the City worked with the Sciencenter to establish the Sagan Planet Walk, dedicated to astronomer Carl Sagan. This series of concrete planet station markers is a scale model of the solar system. The markers, reminiscent of Standing Stones, were designed by Erin Caruth and the plaques on the markers were designed by members of the Sciencenter. Local businesses and community members sponsored the planet stations, which stretch from the center of The Commons north to the Sciencenter. Also, in 1999, the Common Council revised the 1992 ordinance that had established the Advisory Commission on Art and Design for Public Spaces. The major change to the ordinance was the addition to the group's duties to establish a plan and mechanisms for implementation of a public art program to enrich the visual environment of public, private, and semi-private spaces within the city. The focus was shifted to the goal of developing a plan for public art in order to promote a broader and more comprehensive approach to the City's endeavor, to encourage more outdoor art, and to address public art funding issues. The group's name changed to the Public Art and Design Commission. In the early nineties, the City had finally reached resolution on reconstructing the"Octopus,"a confluence of roads that converged near the Cayuga Inlet and the West End of Ithaca. In 1995, as a part of this construction involving reconfigured bridges, a design contest was held to add artwork to the bridge abutments. All Tompkins County residents were invited to take part in the "Invitation to Design" contest. Artist designs for two bridges were received and reviewed by the Bridge Oversight Committee. The Committee make-up included one artist, Bill Benson; three architects, John Schroeder, Mario Schack, and Kent Hubbell; two engineers, Bill Gray and Diana Miller(NYSDOT); and one planner, Jon Meigs. Fifty-four entries were received. Finalists' 4 e Background continued draft 6/12/03 designs were displayed for the community to view, and finalists were given a $300 honorarium. Criteria for the selection included: artistic merit, aesthetic integrity of the bridge as a whole, success in fostering site specific"sense of place," and adherence to stated practical construction. Artist John Snyder won the competition for the Route 96 bridge with his entry of four aluminum sculptural pieces designed to reflect"sentries" marking entry and departure from the bridge, and Tim Merrick won the competition for the Route 89 bridge with his entry of masonry(Llenroc) towers with ceramic murals depicting the images of local beauty. After the installation of the art works in 1999, controversy surrounded the Route 96 bridge sculptures. A resolution to relocate them was approved by Common Council in 2000. After Snyder filed a lawsuit against the city, the matter was resolved when Common Council voted to repeal the resolution. In 2000, the Ithaca Downtown Partnership began the Art in the Heart Program, a predominantly outdoor exhibit of art, supported by the city and private sponsors. Approximately 30 pieces of sculpture, ranging from representational figures to abstract forms, cast in stone, steel, bronze and wood, were located in high traffic pedestrian areas of downtown. In 2001 and 2002, two works were donated to and accepted by the City. Corrine, Danielle and Ethan Stern and friends donated an Ethan Stern piece, "Merge," in memory of Robert Stern. Led by Andrew Sciarabba, Sciarabba Walker and Co. LLP, donated a Christi L. Harrington piece, "Song of Innocence." Both pieces are located in planters on The Commons. In 2002, a Cornell University sculpture class worked with the city on designs for the Neptune bridge, located near the Sciencenter and Neptune Park. These pieces were designed and installed by the class. Shortly afterward, the pieces were compromised because of materials and installation issues. New symbols were designed, fabricated and installed. In 2002, the Common Council revised the 1999 ordinance to clarify the role of the Public Art and Design Commission, and to establish policies and guidelines regarding acquisitions, donations, and temporary artwork. The title of the commission was changed to the Public Art Commission, reflecting the group's focus on public art. In 2002, NYSEG donated a Cherry Rahn piece called "Businessman in Touch with Nature,"an enlarged recasting of a piece from the Art In the Heart Program which had been displayed in the Tompkins County Public Library. Rahn's piece will be installed on The Commons in the spring of 2003.* There have been other program collaborations and temporary art installations as a result of the City's collaboration with Cornell classes, individual artists and other groups, such as the Ithaca Festival. Many student mural projects appear on city buildings such as GIAC and the Ithaca Youth Bureau, as well as in the Home Dairy alley on The Commons. It should also be noted that other private businesses and not-for-profit groups in the city have taken an active role in promoting public art and have installed some art pieces over the years. Most notable are the large Cayuga Lake landscape mural by David Finn on the north wall of the now-demolished Strand Theater, murals currently on the Domino's Pizza west wall and the Scoop Ice Cream Shop building on Taughannock Boulevard, and a metal sculpture in front of the Drop-In Children's Center on First Street. In 2002, Handwork purchased Teresa Howley's work that was displayed on the exterior of their building on Cayuga and State Street as part of the Art in the Heart exhibit. The piece remains in the same location today. 5 Background continued draft 6/12/03 Paintings are also consistently displayed in the interior of private buildings throughout the city—for example, in lobbies of financial institutions and in numerous restaurants. Other not-for-profit venues for public art in the city include the Tompkins County Human Services Building and the Tompkins County Public Library, which regularly hosts shows displaying the work of local artists. While most of these projects have been enthusiastically accepted by the community and successful in establishing public art, there have been instances when some installations have been marked by controversy and in a few instances, vandalism. Along with other stated goals, the intent of this plan is to provide processes and procedures for acquiring art that will help minimize these conditions. *A listing of artwork owned by the City is included in the appendix. 6 PUBLIC ART VALUES, VISION AND GOALS draft 6/12/03 Art and cultural events are largely recognized as an essential part of a community's vitality and health. Even so, public art in the United States has been accompanied by controversy and conflict since its beginnings. The gift of the Statue of Liberty was met with opposition. In the 1970s, Richard Serra's Tilted Arc in New York City was the subject of hearings to review the commission of this work and these discussions eventually led to removal of the artwork. The nature of"public" and the individualistic, subjective process of an artist creating an original work of art have sometimes led to conflict. However, even with the potential for disagreement, communities have recognized the value of engaging in public art activities. Why engage in public art and cultural activities when there is potential for disagreement or at a time when public resources are stretched? The Public Art Commission addressed these questions and many other questions raised by individuals in the community. "Why are you doing this when we are eliminating jobs?" "Why does the city have to be leader in this instead of a facilitator?" "How do you choose art that everyone likes?" "How do you prevent the"bridge"from happening again?" The Public Art Commission seriously considered these and other questions. The commission believes that the aesthetics of a community count, even in tough times. Public art can be part of an overall strategy to improve our community, contributing toward economic enhancement and livability. A cultural focus is an important city value for the public good. Attention to this full spectrum of values signals a community's health and forward thinking. The commission can't guarantee that public art will not be without future difficulties or controversy. Art, by its nature, is very subjective. However, the commission offers this plan and its described processes and criteria to provide for community access and participation in the public art process and to highlight information about goals. Community input and public relations and information have been proven factors contributing to the success of public art projects. The commission, spurred on by Common Council member Susan Blumenthal's vision, enthusiasm and energy for public art, embarked on this planning process with the view that to not do so would be a missed opportunity. Ithaca and its surrounding area are rich with artists, interested audiences and art experts. Ithaca already has the necessary foundation for a successful public art program. According to the Community Arts Partnership's(CAP) recently completed Community Cultural Assessment(July 2003), the arts and the arts community contribute to the quality of life in our region. This fact was widely recognized by the public and private sectors. In terms of cultural tourism, there is"an excellent opportunity to make the downtown visit a distinctive one by 'intercepting'visitors with public art as well as art and craft shops." The Tompkins County Quality of Life 2000 booklet confirms the vital role of the arts in our county's livability. The number of arts events and arts in education activities numbers in the several thousands in a given year according to the county booklet. Residents demonstrate their value of the arts through their participation. The Public Art Commission values and envisions use of the city as a gallery. Our"gallery"would present a diverse array of permanent and temporary art. Members of the community would have their favorite art pieces in our gallery but not everyone would like every piece. However, the focus on our community's visual environment and promoting dialogue about it would contribute to city life and people's use and enjoyment of public spaces. 7 PUBLIC ART PLAN CREATION DRAFT 6/12/03 From November 2002 to June 2003, the Public Art Commission worked toward the creation of this plan. Commission members, working with consultant Martha Frommelt, looked at other public art plans, reviewed literature on public art and connected with other arts agencies concerned with public art issues. Working from Ithaca's public art ordinances, the commission fleshed out the specifics of this plan in monthly meetings. Community members were consulted at various points in the process. In October 2002, commission members participated in the Ithaca Downtown Partnership's public art forum where the role of public art in a community was discussed. In December, the Public Art Commission sponsored an artist meeting was held to gather input on the plan. In March community groups were contacted for input on specific sites for public art and program ideas. Meetings with individuals also occurred (Frank Robinson, Johnson Museum; John Snyder, bridge sculptor; Jeff deCastro, public artist; Jean McPheeters, Chamber of Commerce; Gary Ferguson and Chamber of Commerce City Affairs Committee, Ithaca Downtown Partnership board presentation, developers meeting and artist update meeting). Terry Plater, Commission Chair and Susan Blumenthal, Common Council liaison, attended many extra meetings to gather input. Richard Driscoll, Community Arts Partnership (CAP) liaison, hosted meeting space and connected the commission to over 600 artists through the CAP listserv. Gary Ferguson, Ithaca Downtown Partnership liaison, included the commission in IDP's public art forum. JoAnn Cornish, city staff liaison, and Susan Blumenthal assisted the Commission and consultant with historical information and current planning issues. All Commission members- Leslie Carrere, Barbara Mink, Alan Nemcek, Sally Grubb with Terry Plater-undertook the extra tasks of following through on "homework" in between meetings. A large number of key informant groups representing cultural, neighborhood, and not-for-profit organizations were sent letters and asked to reply to these questions: In your area(or from your organization's vantage point), what three public spaces could be improved visually? Please list in priority order. What are the best ways to make these improvements? Or In what ways would art improve the city as a place to live and work? How would your group like to work with us in crafting a city public art program and plan? Or What are ways in which your organization would like to interact with a city public art program and plan? A list of the groups contacted is contained in the appendix. All the research, input and outreach led to the creation of this plan, which is intended to be a foundation for guiding public art activity in the City of Ithaca. `Art should be used to humanize overly architectural spaces, to soften edges, to bridge between people and the overwhelming scale of buildings. Art should address the specific site whenever possible—incorporating visual cues, historical context and social aspects of the space. Art should make people think, not just serve as visual embellishment. It should do so in a way is visually pleasing, which, although quite subjective, can be defined by the incorporation of basic visual harmonies taught in any art school foundation design class. The art should inform, but not antagonize the general populace. The work should create dialogue and possibly debate but be open to interpretation so that viewpoints other than that solely of the artist can be expressed. - Rob Licht, sculptor 8 PLAN SUMMARY draft 6/12/03 PUBLIC ART COMMISSION PUBLIC ART PLAN This plan will serve as a blueprint for discussion and implementation of the City's acquisition, installation and maintenance of art in public spaces. In addition, the plan calls for community involvement in the public art process and dialogue about the City's existing public art collection. Mission The plan's mission is to enrich the everyday experience of residents and visitors by engaging them in art acquisitions, art donations and loaned art displayed in the city's public places. The plan also suggests ways to support inclusion of art and artist ideas in private development projects. Criteria Overall criteria for choosing works of art include: • artistic merit and quality • safety and durability • unrestricted public viewing • installation and maintenance of work • representation of a variety of styles and tastes in the collection. In addition to the general criteria, more specific criteria and processes provide a somewhat different focus for each program element. Plan Program Elements Acquisition Program This program focuses on revealing and creating a sense of place by enhancing city-owned sites with art works. A percent for art ordinance and other sources are discussed as mechanisms to fund this program. Grants and donations would also be used to fund acquisitions. Donations Program This program focuses on enhancing and expanding our community identity through placement of donated art works in city-owned spaces or other public settings. This program will be funded through donations, grants and partnerships. Loaned Art Program This program focuses on representing a broad variety of tastes within the community and engaging the public in a dialogue about the art with the artists and each other. This dialogue will take place through programming and public information about the loaned art that is temporarily displayed. This program will be funded through ongoing partnerships with such groups as Ithaca Downtown Partnership. Long-term goal The long-term goal is to have the public art plan managed by a designated city staff person working with the Public Art Commission, in partnership with contracted agencies and community stakeholder groups, all overseen by the Common Council. The Public Art Commission recognizes the potential economic and social benefits of the City of Ithaca's Public Art Plan. Through improving the city's visual appeal, promoting celebration of the arts and civic pride, the Public Art Program will contribute to a sense of community vitality. 9 PROGRAM ELEMENTS DRAFT 6/12/03 The following sections explain the criteria and procedures recommended for the three program elements of the public art ordinance: acquisitions, donations and loans. The Public Art Commission recommends use of the criteria and procedures described in each section to implement public art activity. ACQUISITION PROGRAM DONATIONS PROGRAM ON-LOAN PROGRAM 10 ACQUISITION PROGRAM draft 6/12/03 PURPOSE The Acquisition Program presents exciting opportunities to highlight key areas of the city with outstanding art commissions or acquisitions. A major feature of an acquisition program is that it has the potential to involve the community in providing input into the design process. Also, a site usage study, including an analysis of established patterns of use, would be integral to planning. Focus on community input and site enhancement would help fulfill the program purpose to reveal and create a sense of place. With attention to the site and its place in the community, art will serve the role of making public spaces interesting and successful. PROCESS Selection Criteria: In addition to the overall program criteria, the acquisition program would consider these additional, specific points in art selection. The overall and specific criteria are listed in priority order or order of importance. Overall- 1. Artistic merit and quality of work 2. Safety and durability of work 3. Unrestricted public viewing of work 4. Administration of work (shipping, installation, maintenance) 5. Balanced inventory in the permanent collection Specific- 6. Artist's demonstrated ability to respond to the project site and context 7. How work fits into the natural or built environment of the site 8. Compatibility with established patterns of use of the site 9. Established objectives of the acquisition program 10. Use of community input in design Selection Steps The steps are based on established practices used by public art programs across the country and are described later in this plan. The steps focus attention on three important phases of an acquisition: selecting the site, the artist and the design. An initial list of sites for public art is contained later in this plan. An advisory panel would be used to assist in the artist and design selection phase. Opportunities for public comment would be provided. An appeals process would provide for final feedback before an acquisition is installed. After installation of an artwork, public information would be provided and community dialogue encouraged. Funding Potentially, the Acquisitions Program would focus on large to small commissions of artwork. A variety of funding methods could be used. However, government public art programs have often used "percent for art"funding to conduct these commissions where a percentage of capital improvement costs is used to incorporate public art into the city landscape. This funding method enables cities to conduct the appropriate community input gathering and site study procedures that contribute to public art success. If percent funding is not used, the City of Ithaca could seek grants, though this option usually allows less flexibility and creative control because the use of grants is often tied to specific grant- giver goals. Depending on the acquisition/commission project, the city could seek a grant source with a matching goal. For example, transportation funding has been used to support art 11 Acquisition program continued draft 6/12/03 incorporated into bus stops and train stations. Urban development funds have supported artwork in revitalization efforts. Also, individual donations have supported art purchases and cultural programming. As was the case with the Centennial Commission, donations supported many cultural and other activities, including the purchase of a city art collection. However, these donations were accepted through the Centennial Commission, a separate 501c3 organization set up for the singular purpose of celebrating Ithaca's Centennial. This kind of significant giving would probably work best tied to a specific purpose(like the Centennial) or a specific site(like the current waterfront trail project). Another option for funding art is to include a budget line in the general operating budget. This approach is one proposed by the City of Huntington, NY. Some cities also use a per capita mechanism to fund a budget line for public art. However, establishing such a budget line and maintaining it during difficult budget times is difficult. A local option for funding worth exploring is the room tax mechanism. This option might provide an ongoing revenue stream that could be pooled with other revenue sources to build sufficient funds for an acquisition or commission. Any of these funding methods could be directed to a pool for public art. Gathering resources into a fund for public art enables Ithaca to address prioritized sites and have time to plan and gather community input. Overall, a percent for art funding mechanism, a general operating budget line, or a pooled fund for public art allows for more planning and community collaboration. More information on funding methods is contained later in the appendix of this report. "Public art should contribute to city life and people's use and enjoyment of public places. Public art is most effective when it is incorporated, as a design strategy, into the planning of public spaces from the outset and acts as a catalyst for generating activity." Project for Public Spaces www.pps.orq "In the past, public art often referred to site-dominant sculpture--that is sculpture conceived primarily as an object and made out of context and placed or adjusted to fit into a setting. In recent years, site-specific works have emerged which are often contextual responses to a site--using physical features, history and symbolism to inform their conceptualization, form and experience." Gail Scott White, artist, December 1992 12 DONATIONS PROGRAM draft 6/12/03 Purpose The Donations Program would enhance our community identity by celebrating the donors and artists who contribute to the visual vitality of our public environment through donating works of art. Process Donations of artwork will be considered based on the selection criteria below. While the Public Art Commission welcomes and values donors' interest in public art, it may be that not all donations can be accepted. Due to several considerations listed below, not all donations can be accepted. Selection Criteria: In addition to the•overall program criteria, the donations program would consider these additional points in art selection. The overall and specific criteria are listed in priority order or order of importance. Overall- 1. Artistic merit and quality of work 2. Safety and durability of work 3. Unrestricted public viewing of work 4. Administration of work(shipping, installation, maintenance) 5. Balanced inventory in the permanent collection Specific- 6. Physical condition of work 7. History and provenance of work 8. Suitable location for work 9. Compatibility with the City's donations program objectives and education plan 10. Contribution to existing public art collection. Selection Steps: The selection steps are based on practices used by public art programs across the country and are described later in the plan. The steps focus a review of the artwork for donation, suitable sites for the artwork, required maintenance and sharing information with the public about the donation. Funding: Funding is dependent on donors, partnerships, individual solicitations and grant writing. A maintenance fund or endowment could be created from percent for art funds or some other funding mechanism. 13 i ON-LOAN PROGRAM draft 6/12/03 Purpose This on-loan program enables the City to engage in creative partnerships that foster public dialogue about art and artists. Process Selection Criteria: In addition to the overall program criteria, the on-loan program would consider these additional points in setting up partnerships. Overall and specific selection criteria are listed in priority order or order of importance. Overall- 1. Artistic merit and quality of work 2. Safety and durability of work 3. Unrestricted public viewing of work 4. Administration of work(shipping, installation, maintenance) 5. Balanced inventory in the permanent collection Specific- 6. Public information and programming opportunities Selection Steps: The selection process for the on-loan program would include the following steps. 1. Current year program objectives are identified by the PAC. 2. Appropriate partners for objectives are identified by the PAC. 3. City staff, PAC and partner group create timeline, budget and assign tasks. 4. Program implementation begins. 5. Post program evaluation conducted with partner group. Funding: Various grants, in-kind donations, and donations would fund programming. See appendix for resource suggestions. 14 ADMINISTRATION OF THE PUBLIC ART PLAN draft6/12/03 Purpose This section contains a broad blueprint for management of overall program policy as well as implementation details. The City would conduct its Public Art Plan through the combined efforts of volunteer Public Art Commission members, review panelists, paid city staff and artists, contracted agencies or consultants, and in-kind donations of partner agency staff time. To fully implement the plan, staff time is essential over the long run. Small projects and larger ones will require similar attention to implementation details. A city staff liaison to the Public Art Commission or a contracted consultant/agency would be needed to oversee acquisition selection steps as well as manage maintenance and public information pieces of this plan. PUBLIC ART COMMISSION The PAC advises the Common Council in exercising its authority to make decisions concerning the selection, acquisition and display of public art. The PAC's duties include the following: From the ordinance *creation of a public art plan for approval by the Common Council *advise the Common Council about the selection and siting of acquisitions and donations * review and advise Common Council on proposals for the exhibition and display of public art in city spaces, building, facilities and infrastructure * review development proposals for decorative elements in city's public spaces * maintain the Centennial Art Commission collection *submit annual report to Common Council and Board of Public Works * report regularly to Mayor *submit minutes and membership information in accordance with city guidelines Proposed additional duty *plan annual information/education presentation regarding the city's public art collection Membership-The Commission consists of seven voting members, five of whom are city residents. At least four members shall be professionals in the field of design, visual arts, architecture or landscape architecture. Terms are for three years. Membership shall strive to represent a diverse cross section of the visual arts field and the general community. Commission members do not receive compensation for their services as members, but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within any available appropriations. Nonvoting members of the commission shall include a liaison from the Common Council, a member of the Department of Planning and Development, a member of the Department of Public Works, and the Directors of the Community Arts Partnership and the Ithaca Downtown Partnership. The City Staff liaison serves as staff for the commission and as a nonvoting member. Citizens interested in becoming a commission member may submit letter of interest to the PAC or the Mayor. Meetings-A quorum for transaction of business consists of four voting members. Meetings shall be held at least every other month. Special meetings may be called by Chair and City staff liaison to consider acquisition, donation, loan or site selection questions. Meetings are open to the public. 15 • Administration continued draft 6/12/03 Conflict of Interest-PAC members will be notified of City's conflict of interest policy prior to each deliberation of an acquisition, donation and loan. PAC members will then declare conflicts in writing. Any conflicts or appearance of conflicts would require a PAC member to recuse themselves from the deliberations. In the case of a conflict, quorum size would be adjusted accordingly. Grounds for conflict include: direct, personal familial relationship to/with artist, art work or site; commission member stands to benefit financially from art, art work or site placement; or commission members feel there would be appearance of personal or financial benefit to them by participation in the deliberations. Conflict of interest guidelines would apply to all panels and committees involved in deliberations for sites, artist selection and artwork selection. OTHER PUBLIC ART PARTNERS Contracted Agency To conduct acquisitions, additional staffing may be needed to manage the selection, design and installation process. Consultation on maintenance and preservation may be needed. Programming assistance with community and education outreach may also be needed to fulfill art plan goals. In these circumstances, the City would contract with a qualified agency or consultant to carry out work. Acquistions and Donation Advisory Panel This is a panel of experts gathered to review artists and artist works or designs for acquisition or donations. Panelists would base decisions on technical, financial and aesthetic criteria established by the PAC. In addition, written conflict of interest forms would be on file for each panelist. Each panel member would have one vote. If consensus could not be reached by the panel, then a majority vote would carry the decision. The panel would have the option of making no recommendation if there was no design judged to be of sufficient merit. Partnership Agencies These are agencies that collaborate with the City and the PAC on public art goals by managing programs through contracts or in-kind contributions. Program partnerships will be reviewed annually with the PAC and partner organization. Examples of partner agencies include non-profit organizations such as the Community Arts Partnership, Ithaca Downtown Partnership, and the Community School of Music and Art and others. Partnership agency information is included in the appendices. DELINEATION OF RESPONSIBILITIES WITHIN CITY DEPARTMENTS Common Council— Final approval of acquisitions, commissions, donations. Reviews the PAC annual report. Approves the PAC membership appointments made by the mayor. Mayor- The PAC shall recommend to the Mayor, for his/her appointment, a Chair and Vice Chair. Brings nominations for PAC membership to Common Council. Board of Public Works— Receives the PAC annual report. 16 Administration continued 6/12/03 City Staff Liaison to the PAC—(This is a percentage of a Planning Department position, an independent position or a contracted agency.) Manages overall public art plan and staffs the PAC. Coordinates"citizen artist" program. Acts as liaison to site architects, builders, etc. City Department Expertise— Engineers, planners, neighborhood, public works, etc—These staff members assist is various stages of site review, artwork selection and design for checking on issues of maintenance, location, safety and durability. City Attorney- Prepares and reviews all public art contracts. City Department Partners— Department of Public Works maintains area around art works with guidance from city staff liaison, participates in annual joint meeting with the PAC to review goals. Planning Department— Informs and alerts the PAC to upcoming projects, neighborhood issues/needs. Information and Technology— Adds artworks to web site. Controller - Manages funding, oversees percent for art funds. Advisory Groups— The PAC communicates with these groups as needed regarding the public art plan. Commons Advisory Board, Parks Commission, Shade Tree Advisory Committee, Strategic Tourism Planning Board, Chamber of Commerce, Ithaca Downtown Partnership, Ithaca Urban Renewal Agency, Community Arts Partnership, Historic Ithaca, Cornell University, Ithaca College, Galleries and others. PROPOSED COLLABORATION WITH CITY DEPARTMENTS The public art plan, objectives, sites, overall budgets and project budgets will be accomplished by the Public Art Commission and city staff in partnership with city departments and the community. Expertise, feedback, and staff assistance from other city departments will be needed to successfully implement public art acquisitions, donations and loan programs. To facilitate this input, the following steps are recommended. • The PAC reviews the list of the city's capital projects for the year and develops lists of capital improvement projects most appropriate for public art inclusion. The PAC will consider high public visibility, accessibility and appropriateness of sites, as well as financial resources to implement the public art projects. • The PAC reviews plan objectives with the Mayor and Common Council. Acquisitions, etc. follow. 17 PUBLIC MEETINGS draft 6/12/03 The Public Art Commission will hold periodic public meetings in order to gather input on public art goals, to inform the community about public art and activities, and get input on acquisitions, donations and loaned art. All meetings of the Public Art Commission are open to the public. PROGRAM EVALUATION GOALS Annual Review: As part of the annual report, the city staff liaison and the PAC will evaluate program activities and objectives, including maintenance issues. Periodic Review: Every three years, the PAC will review and update plan objectives. Annual Report: The PAC will submit an annual report to the Mayor, Common Council and the Board of Public Works, including a description of the year's objectives and outcomes, voting action, membership, and any conflicts of interest and appeals. PARTNERSHIPS The Public Art Commission wishes to foster partnerships to achieve its public art goals and the community-oriented public art goals of other agencies. The Commission may on occasion work with other groups on a specified project. To ensure a productive partnership, the following • guidelines will be considered. • Program and budget responsibilities for each group will be defined in writing before the start of a project or program. • Program timeline for each group will be agreed upon before the start of the program. • At the conclusion, partners will conduct an evaluation based on program objectives. OTHER DESIGN SERVICES - ARTIST COLLABORATIONS Beyond acquisitions, donations and loans, the Public Art Commission seeks to involve artists in a variety of ways to enhance our community's visual environment. Artists could be involved in design teams for planning buildings and other sites in our community. Engaging building designs will make our community an interesting one. The Public Art Commission also encourages private developers to incorporate public art into their development plans. The PAC can assist developers and others through access to its review and selection procedures, connection to the Community Arts Partnership slide registry and other avenues of assistance. Site-specific artwork-Artists may be selected to design artwork for private development projects. Individual works-Artists may be commissioned to create works of art, or existing works of art may be purchased for private development projects. 18 EDUCATION/PUBLIC INFORMATION PROGRAM draft 6/12/03 Purpose The Public Art Commission recognizes the importance of community outreach and public information to the success of public art. Art sometimes challenges the public. Therefore, a context for public art should be part of the effort to build understanding and appreciation. The commission should focus on outreach, or community involvement in the acquisition selection process, and on community access to regular information such as through the city's web site. The Public Art Commission should conduct education and outreach to inform the pubic about new artworks, existing works, public art plans and processes. This could include at minimum an annual press conference or forum highlighting the city's collection and goals or an annual Common Council presentation, or a printed brochure explaining the program. With each new acquisition, the PAC should seek an artist's statement about the work to share with the public. Information about each artwork is an important part of building public understanding and contributing to a public dialogue. Public dialogue will lead to community connections and understanding. The city's web site can be a useful tool in public information as well as connecting to cultural tourism efforts. A gallery of images of the city public art collection with location information could be included at the City's web site with links to ithacaevents.com and other tourism web sites. For historical purposes and community access to the full collection's history, each acquisition and donation should be added to a city directory including the title of work, artist statement,written description (medium, date created, dimensions, etc.), artist resume and cost. The PAC should explore educational partnerships to further goals of the public art plan, for example, connection to Strategic Tourism Planning Board, Greater Ithaca Art Trail, shared artist and lecture programming with educational institutions, and outreach to schools. In addition, educational opportunities for staff, Common Council, and/or the PAC should be considered in order to understand trends in the public art field and to connect to technical assistance organizations and information (for example, subscription to Public Art Review, attend related conferences). Finally, public information is an important aspect in reducing vandalism. Ithaca Downtown Partnership's experience with Art in the Heart is that the first two weeks of a new program are the most vulnerable time. Through education and appropriate placement of the artwork, vandalism can be minimized. "Ideally, a public art education program begins with representation of the public educating the selection committee about this community, and participating in the design concept in ways that are appropriate to the specific project. But the sponsoring organization has a responsibility to continue to inform the public. .. The artist may"explain"and discuss his or her work with building inhabitants, community groups,politicians, and the press. The finished work may be amplified by information about the artist, a statement of artistic intent, critical comments, and pertinent technical information ." "place of art education.....dual function... to ensure that the commissioned art is informed by the community input and to provide access to a general audience, mitigating the distinction that separate the public from those who know and those who do not." The Tilted Arc Controversy by Harriet Senie p.87, 88, U of MN Press 2001 19 MAINTENANCE PROGRAM draft 6/12/03 Maintenance of public artwork is essential to the success of the city's program. Therefore, maintenance policies and procedures need to be in place at the outset. The City's current policy regarding maintenance is that insurance for all art works to cover damages, vandalism, theft and fire is covered by the City's insurance policy. Damage from natural disasters and normal"wear and tear" are excluded from coverage by the City. Therefore, repairs and maintenance for normal "wear and tear" of artworks acquired by the City and put on public display shall be provided by the City at its discretion. The City has stated it will make a good faith effort to maintain artworks, pedestals and plaques in good condition. It is recommended that the City contract periodically with an art conservationist to review the collection and assess maintenance needs, and recommend a maintenance plan. When a work is installed, the artist should provide the City with detailed drawings of the installation of the artwork and with detailed instructions regarding routine and any required extraordinary maintenance of the artwork. The artist should also be asked to guarantee and maintain the artwork against all defects of material and workmanship for a period of not less than one year following installation. It is recommended that regular maintenance around the artwork be conducted by the Department of Public Works(snow removal, leaf removal). City staff liaison should communicate any special needs to the DPW. Like the City's"citizen pruner" program, the City could set up a "citizen artist" program under the auspices of the city staff liaison. As part of this program, city residents may"adopt" selected works and provide additional basic maintenance and oversight(eg. alerting City staff to problems, garbage removal, clean up from elements, etc.). The Public Art Commission should work with the City staff liaison to request an annual maintenance needs assessment. The PAC will recommend maintenance standards and should make suggestions for when works should be de-accessioned. Records of inspections and maintenance will be kept on file. Any repairs and restorations made to the artwork within the lifetime of the artist should have mutual agreement of the City and artist, and to the extent practical, the artist should be given the opportunity to do the repairs at a reasonable fee. Emergency repairs required to ensure public safety would be exempt. De-accession/Relocation De-accessioning an artwork should be an action seldom used. De-accessioning should not be used due to fluctuations of taste. After due consideration, the PAC may recommend and the Common Council may authorize de-accession/removal of a work. Artists will be notified of the de- accession criteria at the time of the contract and must be notified before de-accessioning, if possible. In all situations, the rights of the artist will be respected as defined in the Visual Artists Rights Act of 1990. A piece would be removed only if one or more of the following situations exist: • The artwork in its present state is a safety hazard to the public or environment. • Restoration of the work is not feasible, or the expense of such restoration would be disproportionate to the value of the work. • The architectural support system is to be destroyed and relocation is not feasible. • Over an extended period of time, the consensus of informed artistic judgment may change regarding a specific work. In such a case, the work maybe removed and put in storage for a period of time. • The works acts as an encumbrance to the use of public property. 20 Maintenance program continued draft 6/12/03 • The public use of the site has changed or is proposed to change in a manner that is no longer compatible with the artwork. • Works not designed for a specific location(not site specific) may be moved if a more suitable location is found. See relocation and removal conditions listed below. • The artwork is found to be fraudulent or not authentic. • The artwork possesses substantial demonstrated faults in design or workmanship. • A written request for de-accessioning has been received from the artist. Relocation Conditions for relocation would have to be met from the above lists. In an artist contract, the City will seek to retain the right to move or remove the artwork. To do so, a waiver of the Visual Arts Rights Act of 1990 (VARA)and Section 14.3 of the New York State Cultural Affairs Law would be included in the contract, only as to the extent such rights would preclude relocation of the artwork. The artist shall retain the right to withdraw his/her name and then the artwork would not be represented as the artist's work. If the City elects to move the artwork to another site, the City shall give the artist written notice within five days of the Council vote. Storage/Removal If de-accessioning has to occur, a plan for the work must also be formulated. Procedures for contacting the artist as described in the artist contract would be followed. Recommendations include: • The City may decide to retain ownership of the artwork but shall remove it from the collection, thus eliminating the need to maintain and preserve the work. • The City may donate the work to an appropriate non-profit organization in the community. • The City may decide to recoup the value of the work through a sale, such as a public auction. • Work deemed to be of little inherent monetary value due to damage or defects may be declared surplus and disposed of according to the City's policy. • The artist will be given written notification of the City's disposal plan and the city will provide the artist with an opportunity to reclaim the artwork. Funding A maintenance fund could be set up through the percent for art fund or other budget categories. Donations or loaned works shall be repaired through funds from the donor. Funds to support installation and maintenance would be received from donations at time of the donation. 21 PROPOSED LOCATIONS FOR PUBLIC ART draft 6/12/03 The Public Art Commission believes that a vital public environment begins with well designed buildings and open spaces. Public art cannot change bad design. However, public art can enhance and bring focus to a space. The Public Art Commission, in consultation with various community groups, has identified sites as potential areas for future public art commissions and donations. Criteria for prioritizing sites will include high impact in terms of viewers and high need in terms of visual enhancement. Additional sites for public art can be added by contacting the Public Art Commission. The PAC will continue to seek input from appropriate city agencies and neighborhood organizations. Sites for public projects must be public property, situated so that the art is visible and accessible to all members of the community. The artwork must not seriously disrupt the flow of pedestrian or vehicular traffic or adversely alter the environmental conditions of the selected site. Structural and maintenance issues of the prospective artwork will be considered when selecting a site. Works should be structurally sound to ensure the safety of the community and longevity of the work. Potential areas for public art: The areas listed below are sites mentioned at outreach meetings and discussions by more than one group or individual. The sites are not listed in any priority order. Prioritization of sites will depend on funding strategies. * Seneca Garage and Cayuga Green Garage * Gateway project creek walk * Cayuga Green creek walk * Route 13 entrances on south and north sides * Route 13 corridor * Defined Gateways of Ithaca or city entrances * Cayuga Waterfront Trail, near Cass Park and elsewhere * Downtown * Commons-State Street- Rte 366 (connected plan) corridor * Parks—explore all parks, especially Cass and Stewart * All trails connection (look at existing trails- Greater Ithaca Art Trail Collaboration, Planet Walk, Discovery Trail, etc.) * All new bus shelters or renovated shelters and stops * Inlet island * Tuning fork island at bottom of State Street * Use artist designed functional pieces in areas of city(eg. artist designed benches on Commons) * All buildings, well designed with enhanced facades Other possible areas for public art: These areas were mentioned as other possible sites for public art. * Dewitt Park * Route 13 fence near Sciencenter * Cass Park near new recreation trail, visible to Rte 89 and watercrafts between the ice rink and Inlet boating * Library, inside and in front on Green Street side * State Street/Rte 79 light poles for banners from Giles Street to Commons * Route 13 Pedestrian bridge on south end * Collegetown * Collegetown triangle near Schwartz Center * Neighborhoods and neighborhood centers * Southside Community Center and GIAC * Six Mile Creek 22 draft 6112/03 Locations continued * Central West End * Washington Park * University Avenue cemetery—maintenance needed * Area businesses-exhibits * Collegetown—west of parking garage(green space below Cascadilla Hall) * Mitchell—College Avenue Intersection * Rte 79 at Mitchell Street * Primary and Secondary Commons sites already approved for the Art in the Heart * Murals in Commons"Home Dairy" alley * Youth Bureau Building * Purity Triangle * Northside Neighborhood plan ideas (NYSEG chain link fence, Franklin Street, First Street, bus shelters, Third Street pedestrian bridge, replaced Cascadilla Creek Bridge, cover/improve DPW storage yard, input on P&C and Third Street cooridor, Use of murals for youth activities * Unusual/unexpected spaces (hole in bricks on Commons) City gateways: The Planning Department has already identified the various gateways listed below. These spaces could be considered for public art sites. * Northern Gateway—Visitor's Center, Youth Bureau, Stewart Park Area * Southern Gateway—Aurora Street bridge, Plaza area northwest of bridge near Aurora Street bus shelter * Eastern Gateway—tuning fork at base of State Street * Western Gateway—also referred to as"Pete's Triangle" * Inlet Island Gateways—Look out point and Inlet Island Promenade * Other Gateways—Ithaca Falls"Park" - Purity Triangle "....The question should be: which spaces are best suited to accommodate public art. I would begin by setting specific criteria: Large outdoor spaces with visual corridors linking to pedestrian and vehicular routes and a minimum footprint of 400 square feet. Sites should accommodate sculpture that is at a minimum human scale, ideally monumental. Sites should be without visual clutter within the footprint area. i.e.: no light poles, trash cans, etc. that block the view of the work or compete with it visually within this zone.... Exceptions would be site specific work placed by the artist that takes into consideration existing elements. Sites should be dispersed yet linked by corridors of public travel or at gateway points to the downtown. Sites should not be associated solely with commercial areas (unless financed by those businesses) but should primarily serve public areas used for recreation, social gathering, public transport or public education. Sites should have fairly high traffic volume to warrant expenditure, but increasing the scale of the work and field of visual access will also increase the volume of viewer interactions. Sites should be permanently free from conflict of use. Example of conflicted areas are the Commons with it's multiple festivals, areas near sometimes full parking lots, areas that serve as winter snow banks, areas that contain extensive utilities underground, favored skateboard areas, etc....." -Rob Licht, sculptor 23 BUDGET draft 6/12/03 Listed in this section are many of the expense categories to consider for full implementation of this public art plan. If a percent for art funding mechanism is used, there would be separate budgets for each project, excluding staff time dedicated to overseeing the plan. General Categories City staff liaison Planning Department support Department of Public Works assistance Public Art Commission support Supplies Copying Postage In kind Staff support City Attorney Information and Technology In kind Staff support from Partner agencies Future Budget Considerations* For acquisition/donations Acquisitions- Selection costs Call for proposals Community input process Selection panel costs Artist design phase costs Site usage study Installation Contingency costs Signage Insurance Public Information Maintenance costs/endowment In Kind Support City staff review of design Site review Contract review Future Budget Considerations* For on-loan program: Program start up costs Publicity Education programming Installation Insurance Maintenance Shipping In kind Support Maintenance City staff review of design Site review Contract review 24 Budget notes continued draft 6112/03 *General budget allocation guidelines have been established in public art programs across the country. For a commissioned project, the suggested recommendation is to establish an administrative budget of 15—20% of project funds and an artwork budget of 80—85%of project funds. Costs usually considered under each area are listed below. Administrative funds—staffing, overhead, public relations and information, community outreach, art dedication and maintenance Artwork funds— Design phase to include the design fee, research, travel, engineering and construction documents and proposal fee Fabrication/Installation to include artist travel, materials, studio overhead, subcontractors, fabricators, installers, site preparation, insurance and bonding A contingency of 10% is recommended within the fabrication/installation costs. 25 PROPOSED PLAN OBJECTIVES draft 6/12/03 2003 Goal: To build a foundation for the implementation of the public art plan Objectives Who 1. Public art plan draft presented to Common Council Commission/Consultant 2. Existing city collection is catalogued Staff liaison 3. Slides of existing collection are taken and added to catalog Staff liaison 4. Subscribe to Public Art Review Staff liaison/ Commission 2004 Goal: To continue to build a foundation for the implementation of the public art plan Objectives Who 1. Staff liaison-identified* Council /Commission 2. Conduct maintenance assessment for existing collection Commission/staff liaison 3. Add existing city collection to web site in a gallery of Staff liaison/ images with location information Info and Tech 4. Update artist slide registry to include public artists, Staff liaison/ with background files Commission/CAP 5. Funding method mechanism drafted, reviewed and adopted Commission/staff liaison 6. Review public art project possibilities Commission/ Staff liaison 7. Create advisory panel file by collecting names Staff liaison/ and background information to be used for potential Commission advisory jury(Tompkins County and outside of the county) 8. Examine existing siting of city's public art collection Commission/ to discuss ideal siting of the artwork. Make Staff liaison/DPW recommendations for any improvements. 9. Explore transfer of Art in the Heart Project from IDP Commission/ to the City as proposed by IDP IDP/Staff liaison 2005 Goal: To implement first acquisition or commission Objectives Who 1. Prepare for first commission by defining project parameters Staff liaison/ Commission 2. Finalize site selection and artist selection details for project Staff liaison/ Commission 3. First commission installed Staff liaison/DPW/artist 4. Public information and education about commission Staff liaison/artist conducted Commission 2006 Goal: To implement first public art education and partnership ideas Objectives Who 1. Explore partnership programming ideas(for example, Staff liaison/ IDP partnership to display art in businesses, or Commission/ collaboration with Light in Winter Festival or Art Trail or Partners 26 Plan objectives continued draft 6/12/03 2006 continued Discovery Trail, etc.) See ideas lists for possibilities 2. Host public information event Commission/ Partners 3. Seek outside funding for artist presentation Staff liaison 2007 Goal: Review public art plan progress Objective Who 1. Review public art plan, update, and evaluate Commission 2. Undertake public art activity as opportunities are presented Commission/Staff liaison 3. Define objectives to attract art donations Commission/Staff liaison 4. Define objectives to expand loaned art opportunities Commission/Staff liaison/Partners `Staff liaison is defined as a city staff person with time designated to conduct public art plan objectives. 27 PUBLIC ART IDEAS draft 6/12/03 In discussions with commission members and various community groups, many ideas for public art activities were gathered. These ideas will be explored, prioritized and added to as resources are identified. Ideas List: Use of commission process to commission functional pieces (lamps, benches, etc.) Contemporary art museum downtown Saltonstall travelling exhibit of past artists City as gallery—use businesses as galleries on an ongoing basis Look at connection to history and include those notions in art projects Improve plan for presenting works in public buildings Create an educational partnership with schools, ask students to view art and give feedback and talk with artists, use advanced student artists to contribute works to an appropriate public venue Make sure our buildings are architecturally interesting, too Public art should serve as a focal point for neighborhoods, celebrating the artistic, historic and cultural heritage of our community Make consideration of what spaces can accommodate public art—no visual clutter, enough space for human scale or monumental scale works Mural arts project, both temporary and permanent Explore alternative art venues such as sidewalk or fountain mosaics Consider revised Ithaca Downtown Partnership 2000-2010 Downtown Development Strategy when it is developed Support sculpture art program in downtown, permanent and public Look at supporting art in private spaces, eg. doctor's offices Improve siting for art with lighting, placement, items in area surrounding it Work with public, kids Cultural Foundation—explore one Invite speakers from other communities that have successful public art models Share examples, pictures of great public art Connect with Discovery Trail and other trails Expand to county, build partnerships throughout county Explore cultural zone program of NY State 28 Public art ideas continued draft 6/12/03 Poetry, art on buses Use artist to design bus shelters and connect designs of shelters Have fund for community initiated public art projects Art teacher of year—celebrate connection to education Allied artist award -apprenticeship experience in order to make transition to field of public art Focus on artist collaborations, eg. barn projects More temporary installations-do one with group of artists -fund one connected with existing community celebrations, such as Ithaca Festival Have an artist"seed"funding - mini grants for artists to develop a bank of ideas Do art windows project-artists do installations in windows or display video works there Do a sculpture walk or art walk of temporary works Include sound and video installations in your public art program Revitalize Design Review Committee(use artists, architects, landscape, planners) Look at including artists in community projects Improve existing art- look at art in context, use lighting Look at unusual sites- hole in bricks on Commons, example Some sites-downtown, route 13, malls Bus stop program Public relations as key Competitions would be a good thing A commission for the gateways of Ithaca Look at connection to Waterfront Trail Foster partnerships with existing programs—Art in Heart, Greater Ithaca Art Trail, Ithaca Festival, Gallery Night, etc. Connect to Tourism efforts Expand education efforts Create a printed brochure about the program and explain and celebrate it(look at Syracuse U's) Go to communities with successful public art programs and see what is possible Have public art that kids/people can touch and/or play around 29 CITY OF ITHACA ARTIST POLICY draft 6112/03 The Public Art Commission wants to create a climate where artists thrive and receive the economic benefits of and recognition for their work. For these reasons, artists participating in the public art commissions and acquisitions will retain control over the artistic integrity of their artwork and receive equitable compensation for their work. The Public Art Commission strives to ensure the following rights to artists, which would be included in commission contracts. The following is adapted from policy in Huntington, NY and is proposed for Ithaca. • Right to retain work in situ: Commissions that are site-specific will not be moved or removed unless the site is destroyed, the artwork is damaged beyond reasonable repair or restoration, the use of the space changes significantly, public safety becomes an issue, and other situations listed under the de-accession/relocation section of this plan become pertinent. Site-specific artwork refers to art that is integral to the total design of a site/place/building and has been integrated as part of a multi-disciplinary design team approach. Herein, the artist works with the project team for the design or renovation of a project site. Temporary removal may be done to complete repairs to the artwork or the site. Should removal become necessary, the City will consult with the artist following de-accessioning procedures described earlier in the City's public art plan. • Right to disclaim authorship: The City will not intentionally alter, modify, or destroy an artwork unless conditions of the de-accessioning/relocation procedures apply. However, if an artwork is significantly altered, modified or destroyed, the artist has the right to disclaim authorship of the artwork. Should an artist choose to exercise this right, the City shall review plaques or labels after receiving written notification by the artist. • Right to maintain work: The City commits to periodic inspection of the artworks in the city collection and to making reasonable efforts to ensure that each artwork is maintained in accordance with the maintenance program guidelines. • Right to consultation about repairs: The City shall make reasonable efforts to notify the artist before undertaking repairs and restorations to the artwork. Where practical, the artist will be consulted about the repairs or restorations at a reasonable fee. The City reserves the right to make minor and/or emergency repairs without prior notification. • Retention of copyright: The artist shall retain all copyrights associated with artworks acquired by the City. The City agrees that it will not copy or reproduce artwork without written permission of artist. However, the City will secure in its artist contracts the right to make and reproduce photographs or other two dimensional representations of the artwork for public, non-commercial uses, such as catalogues, brochures, web site directory, and other educational or public relations purposes. Non-commercial purpose refers to information shared for the general welfare or benefit of the community. Any commercial uses, such as images on souvenirs or other items intended for sale, shall require prior written permission by artist. All printed material and reproductions will contain a credit to the artist listing the title of the artwork and the artist name. 30 APPENDICES draft 6/12/03 A. Acquisitions Steps B. Donations Steps C. Appeals Process D. Discussion of Selection Criteria E. City Artwork Directory F. Funding Methods and Sources G. Public Art Plan Key Informants H. Public Art Resources I. Potential Public Art Partners J. Funding Sources K. Contracts L. Public Art Commission Members 2002-03 M. VARA Visual Artists Rights Act N. Ithaca Downtown Partnership: Plan for Downtown 31 APPENDIX A ACQUISITION SELECTION STEPS draft 6/12/03 Selection Steps: The selection process for acquisitions/commissions would include the following selection steps. Refer to the criteria listed earlier in this report. Site Selection Steps 1. Priority sites are selected through a Public Art Commission (PAC) process and approved by Common Council. 2. Once a site is identified, city staff, the PAC, Planning Department, Department of Public Works, and site liaisons conduct initial site usage study to determine project parameters (budget, timeline, site considerations, potential locations). 3. Public is notified of public art project site. Comments encouraged. Artist Selection Steps Selection of the appropriate artist is one of the single most important steps in the acquisition process. Generally, artists selected would have a record of working with public art projects and experience with the scale and elements required by a particular site and commission. The Artist Selection and Commission Design steps listed here will vary depending on the method of artist selection used. The more lengthy process is described here, including first artist selection, then community input and design phase with the chosen artist, then design approval. This longer process includes all the ideal outreach steps in an acquisition selection process. A shorter process such as a direct invitation to an artist, could be used depending on the circumstances of the acquisition. 1. The PAC defines the most appropriate method of artist selection (open competition, limited invitational process, direct invitation or blind competition). 2. The PAC defines project parameters to be used in artist selection and city staff drafts call for artists (budget size, site area, project objectives, etc.). 3. City staff and the PAC set up Acquisition Advisory Panel. The panel would include some PAC members, visual arts experts, architects, and other professionals. Representatives from the site/community user group and outside of Tompkins County may be included. The PAC could choose to constitute itself as the.panel. Or, the Advisory Panel could be merged into the PAC with the technical experts of the Advisory Panel and the PAC working together to review artists and proposals. A different panel could be convened for different projects. 4. City staff and the PAC receive and review artist submissions to determine if submissions fulfill requirements of acquisition. 5. The PAC and city staff prepares Advisory Panel by giving them written instructions outlining duties, selection review criteria, review process steps and project parameters. 6. City staff sets ups panel review time and administers process. The Advisory panel conducts review and selects two or three semi-finalists from the group of eligible artists. 7. Semi-finalists are invited to present examples of their work at a public meeting. Slides/photos are displayed and written comments from public invited during a week's period. (Artists are offered travel and per diem if artists do presentations to the public.) 8. The PAC considers community input, panel input and makes artist recommendation to Common Council. Common Council votes on artist acceptance. (Denial by Common Council requires beginning artist selection process again.) 32 Appendix A—Acquisition Selection Steps continued draft 6/12/03 Commission Design Steps 1. If artist is approved, the PAC and city staff works with artist on design phase(community input gathering, site refinement, timeline, final budget, and contract). 2. Should the work scope warrant it, an outside agency is engaged to carry forward the next phases of the commission design process, mainly the community input gathering phase. 3. City staff or contracted outside agency conducts plan for gathering community input and summarizes site usage information. (Community processing like a charrette is described further in the appendix.) 4. Artist works with community and receives input as well as site usage information. 5. Advisory Panel is reconvened for review of artist designs. (Panel receives written instructions in advance, detailing criteria and community input.) Panel makes recommendation. 6. Recommended design is checked with city engineers and other city department advisors. 7. The PAC presents approved design to community for review and comment. After one week, comment period is closed. Appeals process is opened. 8. Finalized design is presented to Common Council and submitted for approval. 9. Fabrication and construction phase begins, monitored by city staff or contracted agency, with updates to PAC. Installation Steps 1. Commissioned work is installed. Plaques and insurance arranged by city staff or contracted agency. 2. Community celebration is hosted through the PAC. 3. Follow up public information programs held. Work is added to city web site, art map, and art directory. 4. Post process evaluations conducted by the PAC and city staff. 5. Yearly maintenance inspection and record kept by city staff and followed up by DPW or designee. 6. Every five years—maintenance check by professional restorer/curator. Various Methods of Artist Selection It is recommended that artists invited to submit proposals are offered an honorarium for the creation of their proposal. An honorarium would not be used in a request for proposals situation. • Open Request for Qualifications-Artists submit proposals in response to a public advertisement. Detailed information describing the project and how to apply are distributed. Artists usually submit a package that includes a resume and slides of their work. The selection committee then reviews proposals and recommends an artist or artists for acquisitions or requests more detailed information from selected artists, perhaps even an interview. • Limited Invitational Process/Curated Pool of Artists-The PAC recommends a limited number of artists based on an interview or review of work. This short list or curated pool of artists are invited to apply. The artists then develop a site-specific proposal for a particular project. The artists are given an honorarium and all the necessary information, as in the open request, as well as the opportunity to present a model and proposal to the committee. This process is used when the project schedule does not allow for an open call or when a specific set of skills is required. • Direct Invitation - In this process, one artist is invited by the PAC to submit a proposal or participate in community design process. This situation is used when a majority feel the artist is particularly well qualified for a project. 33 Appendix A -Acquisition Selection Steps continued draft 6/12/03 • Blind Request for Proposals (RFP) -A detailed package of information including site plans and design guidelines is issued. Artists design proposals based on the RFP guidelines. Each proposal is given an identification number used during the review process. One advantage to blind competition is that the process allows an even playing field. This process is most often used when there is a high profile project and large budget to support the process. 34 APPENDIX B draft 6/12/03 DONATION STEPS The selection steps for donations would include the following selection steps. Selection criteria to be used is listed earlier in this report. Selection Steps: The process described below and the use of the above criteria are guidelines that will help ensure that the art accepted by the City is of the highest quality, enhances public spaces and is well served by the City's ability to maintain the work. 1. Donor submits letter regarding art donation to the Director of the City's Department of Planning and Development or the PAC city staff liaison. 2. Information regarding the artwork is gathered (description, photo/slides, artist information, siting requirements, etc.) and submitted to the PAC. 3. Information regarding the review process and criteria is shared with donor by city staff liaison. 4. Donation is reviewed by city engineer and other departments for safety and durability. 5. City staff liaison schedules review of donation by the PAC or Advisory Panel (PAC Chairperson, PAC member, artists familiar with work in affected medium, community member from site, visual arts experts, etc). 6. Donation is reviewed and recommendation is made to the PAC and Common Council. 7. Common Council accepts or declines donation, donor notified in writing by city staff liaison. 8. There is public notification of donation and appeals process starts/ends. 9. Upon acceptance by Common Council, the PAC notifies donor of accession and donor contract is signed. 10. Donation is installed. Plaques and insurance arranged. 11. Press releases, announcements made. 12. Education programming and follow up planned by city staff liaison. Work is added to web site, art map and directory. 13. Yearly maintenance inspection and record done by city staff liaison and DPW. 14. Every five years-maintenance check by professional restorer/curator. 35 APPENDIX C draft 6112/03 APPEALS PROCESS Information about the appeal and selection procedures will be shared with the public at the start of each acquisition process in order to promote understanding of the public art program and to ensure an open process. In addition, should it be necessary, Public Art Commission and Common Council decisions may be appealed in writing based on the following procedures: Appeals should be submitted in writing after the appellant has first consulted with the Public Art Commission to review the considerations that went into the acquisition or donation process. Appeals should be submitted to the Mayor in writing within two weeks of written notification or public announcement of the selection, acquisition or donation. Appeal Criteria: • Appeals should be based on: 1)the decision was based on something other than the established review criteria; 2)the required information or other pertinent supporting material was not used during the review process; 3)conflict of interest procedures were not followed. Appeal Process: • Upon receipt of the appeal letter, the Mayor and the PAC Chair will meet within two weeks with the appellant to hear their grounds for appeal. The Mayor has the authority to determine whether or not there are grounds for appeal based on the appeal criteria above. If there are grounds, the appeal will revert to the PAC or other reviewing body for reconsideration. After the re-review, a letter will be sent to the appellant. • Notice of appeals will be shared with the Common Council. • All appeals will be reported in the annual report. Varied community members may submit appeals at different points in the acquisition/donation process. An artist has the right to appeal the non-selection of work based on the appeal timeline and criteria above. A city resident has the right to appeal the artist and design selection based on the appeal timeline and criteria above. Common Council members have voting responsibilities during the acquisition process, therefore, the appeals process is a tool for the general community only. 36 APPENDIX D draft 6/09/03 DISCUSSION OF SELECTION CRITERIA The selection of the artist and artwork in the acquisition, donation and loan programs is based on established review criteria as described in the acquisition, donation and loan sections of this plan. Further(though not all inclusive) discussion of the intent of the selection criteria is listed below. Acquisition Process 1. Artistic merit and quality of work: This criteria is the most important review criteria. This criteria refers to inherent quality of the artwork in terms of timelessness of its vision, design, aesthetics, and excellence. Acquisitions will strive to include artworks of the highest quality. Artists will be selected on the basis of their qualifications as demonstrated by their past work. The merit of an artwork would be substantiated by past history of exhibitions or sales, awards or other recognition. Selection of the artist will be made without regard to race, gender, religion or sexual orientation. 2. Safety and durability of work: This refers to the artwork and its ability to withstand Ithaca weather conditions, as well as structural and surface integrity. Consideration should be given to its permanence and protection against theft and vandalism. Artwork should be examined for unsafe conditions or factors that may bear on public safety and liability. 3. Unrestricted public viewing of work: This refers to public access and suitability. Will the public have free access to the artwork? Consideration should be given to the fact that public art is a genre that is created in the public context and will embrace other factors such as public participation, social and political attitudes, and functional considerations. 4. Administration of work: This refers to considerations in the shipping, fabrication, installation and maintenance of an artwork. The City will consider whether an artwork will be able to be maintained over the life cycle of the work. 5. Balanced inventory of the permanent collection: The City will consider the existing works in its art collection and strive to for a diversity of style, scale and media, recognizing that some styles and media will be more appropriate for public, outdoor art. 6. Artist's demonstrated ability to respond to the project site and context: This refers to an artist's history and record of working with the scale required for the project, the materials, and the fabrication and installation process needed for the commission. 7. How work fits into the natural or built environment of the site: The immediate social and physical environments where the artwork is placed should be considered. Scale, form, material and content should be appropriate for the site. 8. Compatibility with established patterns of use of the site: The artwork should not interfere with existing usage of the site unless that site is undergoing a total renovation. 9. Established objectives of the acquisition program: The Public Art Commission will set yearly and multi-year objectives for its programs. These objectives will be considered in selecting artworks. 10. Use of community input in design: Community input will be sought during the design process by the Public Art Commission or artist. This input will be considered in the design creation. Donation Program Refer to criteria 1 —5 above and these criteria listed below. 6 . Physical condition of work: This is self-explanatory. 7. History and provenance of the work: Does the donor own the work? 8. Suitable location for work: Does the City have an appropriate location for donated artwork? 9. Compatibility with the City's donations program objectives and education plan: Does the artwork further the city's donation program goals? 10. Contribution to the existing public art collection: How does the artwork fit into the overall collection of public art? 37 Appendix D Review criteria continued draft 6/9/03 Loan Program Refer to criteria 1-5 above and this criteria listed below. 6. Public information and programming opportunities: The loan program would provide opportunities for the public to learn about the artwork and/or engage in dialogue with the artists. Public information opportunities would be considered in designing loan programs. 38 APPENDIX E draft 6/12/03 CITY ARTWORK DIRECTORY Listed below are artworks that are part of the City of Ithaca's holdings. The information included includes the title, artist, medium and location. Centennial Collection 1. "The Swimming Pool"; Joy Adams; oil on spackle board; City Attorney's office at 108 E. Green Street; part of Centennial Commission collection 1989 2. Untitled; Jim Powers and Glenn Miller; photographic collage; second floor hallway at 108 E. Green St; part of Centennial Commission collection 1989 3. "Give Me Your Scraps"; Mary Milne; fabric collage; third floor hallway at 108 E. Green Street; part of Centennial Commission collection 1989 4. "Blue Cypress 1"; Laurel Hecht; 20x20 poly chrome landscape, 1985; third floor office at 108 E. Green Street, part of Centennial Commission collection 1989 5. Unknown; Linda Tsang; paint; Planning Department office, third floor, at 108 E. Green Street; part of Centennial Collection 1989 6. "Trees With Shadows II"; Laurel Hecht; paint; Planning Department office, third floor, at 108 E. Green Street; part of Centennial Collection 1989 7. "The First Hundred Years Are The Hardest"; Liese Bronfenbrenner; fabric collage; storage; part of Centennial Collection 1989 8. "Kevin's First No-Hitter"; Margaret Larsen; reproduction of an original pencil drawing; storage at Ithaca Youth Bureau, 1 James Gibbs Dr.; donated during Centennial Art in Park show 1989 9. "Fishermen in Cascadilla Creek"; Muli Tang; oil on canvas; part of Centennial Commission collection, in storage, second floor of City Hall, 108 E. Green St., 1989 10. "Stripes"; Kumi Korf; mixed media with handmade paper; City Courthouse second floor office atrium; part of Centennial Collection 1989 11. "Spring Green, Cayuga"; Daphne Sola; serigraph; fourth floor hallway at 108 E. Green Street; part of the Centennial Collection 1989 12. "Dreams of the Diamond II"; Mary Shelley; low relief wood painted with acrylics; part of Centennial Collection 1989 13. "Scarf and Color Tubes"; Gregory Page; limited edition print; part of Centennial Collection 1989 14. "Sunset Ithaca"; Beverly Livesay; photograph; part of Centennial Collection 1989 15. "It Came From Cayuga Lake, 1988"; Chester Hall Salustri; ceramic stoneware; part of Centennial Collection 1989 16. "Undercurrents"; Renate Ferro; collograph; second floor hallway of 108 E. Green St.; part of Centennial Collection 1989 Other artworks collected 17. "City Hall"; Stein; paint; first floor entrance at 108 E. Green Street; donated by New York State Electric and Gas(NYSEG) 1988 18. "We The People"; Dan Burgevin; oil on canvas; third floor hallway at 108 E. Green Street; donated by artist during Centennial celebration 1988 19. "NY Bicentennial of the Constitution"; Mary Shelley; paint on wood; Seneca Street Parking Garage on Tioga Street, 1989 20. "Toxic Pollack"; Kay Walkingstick's Advanced Painting Class; oil on canvas; second floor conference room at 108 E. Green Street; donation by class in 1990 21. Untitled; Gail Scott White; brick and steel rails in pavement; Commons, 1993 22. Art Underfoot; Bill Benson and Jon Meigs; plaques on the Commons pavement and metal gate marker Bank Alley electrical box, 1993-1994 23. Sagan Planet walk stations; Erin Caruth; metal, plexiglass, masonry; various city locations; partnership with Sciencenter and the City of Ithaca 1999 39 24. Untitled Ceramic Murals; Tim Merrick, artist, and Linda Blossom, ceramicist; ceramic tiles; Route 89 bridge; part of bridge redesign competition—joint Department of Transportation and city project 1999 25. "Silent City"; John Snyder; metal; Route 96 bridge; part of bridge redesign competition— joint Department of Transportation and city project 1999 26. "Merge"; Ethan Stern; steel; Commons Center pavilion, west side; donation 2001 27. "Song of Innocence"; Christi L. Harrington; bronze sculpture; Commons, donated by Sciarabba Walker Co. 2002 28. "Businessman in Touch with Nature", Cherry Rahn; bronze sculpture; Commons; donated by NYSEG after the Art in the Heart Program administered by the Ithaca Downtown Partnership 2003 29. "Unknown" (fire bell); artist unknown; metal; Dewitt Park near Cayuga Street Some other art activity done by students and staff/not a part of the formal collection 30. Mural; artist unknown; paint; GIAC inside; first done in mid 1980s, retouched mid 1990s 31. Mural; John Ewing and Carlos Rodrigez; paint; Greater Ithaca Activities Center(GIAC) and Youth Employment Service student works; maintenance building on N. Plain St., 1989/1990 32. Untitled Mural; local teens; paint on masonry wall; Ithaca Youth Bureau 33. Untitled Sign; Dan Burgevin and teens; paint on wood; Ithaca Youth Bureau 34. Mural; Cass Benson, staff member of Cass Park; paint; Cass Park near end of ice rink, 1997 35. Mural; Tim Wood and other Cass Park staff members; paint; old filter building at Cass Park 1999 36. Mural; Michael Meier, staff member of Cass Park; paint; Cass Park pool filter building, 2001 37. Murals; Carlos Rodrigez; paint; GIAC on Albany Street side of building; GIAC funded, 2000 38. Mural; graffiti artists and youth; paint; GIAC on court side of building facing playground, 2001 39. Mural; graffiti artists and youth; paint; GIAC run project located on Cherry Street, 2001 40. Untitled Bridge Sculpture; Cornell University sculpture class; metal; Neptune Bridge, 2002 40 APPENDIX F draft 6/12/03 FUNDING METHODS AND SOURCES The majority of government public art programs are funded through a"percent for art" program. These programs are varied in their implementation but all designate a certain percentage of capital improvement money to fund public art. This relatively small fee has been a great benefit in the cultural and economic development of many communities. Numerous cities, both large and small, have established this program across the United States. Government entities have found percent for art funding useful for many reasons. This kind of funding mechanism enables artwork to be a part of overall project planning from the beginning of the capital design phase. Past experience has shown that this is a key element in public support and acceptance of the art, because the community can be engaged from the beginning. Since thorough planning is often key to a successful public art project, percent funding secures an ideal timeline. Percent for art also allows a flexible approach, enabling adaptation to the size of the project and to community needs. Implementation approaches to percent for art can be broken down into three broad categories: public, public-private and private. Public percent for art programs obtain funds through public financed capital improvement projects(CIP). Public-private percent for art receives funding through both private and public development projects. A private percent for art program usually is run by an organization or foundation that receives funding through contributions, with percentages as goals. The percent designation usually begins at one percent and can go as high as three percent. Within each of the public, public-private and private categories are many variations and qualifications that include ordinances or voluntary contributions, separate funds, definitions of • capital improvement project size, minimums and maximums. A review of percent programs also suggests it is important to designate a portion of the funds for administration and maintenance of the public art. In New York State, New York City, Rockland County, the City of Buffalo and City of Huntington have governmental public art programs. The Public Art Commission reviewed these possible funding models, which are listed below in the Commission's order of priority. A public-private percent for art ordinance is the preferred option to support a broad public art program in the city. 1. Public-Private Percent for Art Ordinance 2. Public Percent for Art with Voluntary Private Participation 3. Public Art General Fund through a per capita or other assessment set aside Option 1 may not be feasible at this time, however, since some property owners and developers have reservations about an additional cost of developing projects and concern about a perception that development will be more expensive in the city. Recognizing this constraint, the Commission considers option 2 as a more realistic goal at present, with option 1 held in reserve for future consideration by Common Council. The private sector individuals and organizations consulted with in discussions about funding mechanisms supported a percent for art on public projects. 41 Funding methods continued draft 6/12/02 Preferred Option/Option 1 Public-Private Percent for Art Ordinance Description: A percentage of all public capital improvement projects and private development projects are considered for a public art fee. Art for public projects is owned by the city and selected through a process defined by the Public Art Commission as described in this plan. Art for private development projects is chosen and owned by the developer. Developers would allocate money for art and demonstrate completion prior to receiving a certificate of occupancy. The Public Art Commission would be available about advise private developers on the art commissioning process if requested. Nonprofit development projects would be exempt but could be encouraged to make a voluntary contribution or plan for their site. The specific parameters and limits are listed below. Zones: The Public Art Commission recommends the use of a zoned approach to percentages. Public projects-all zones Since the City would take a leadership role in public art, for all public city projects, the percent for art would be 1% of the total development costs in all zones. Private protects Recognizing the economic difficulty of private development, especially in the urban core, the Commission recommends a zoned approach for private development percent for art projects. In the Urban Core, the percent for art would be .3% of the total development costs. The urban core area roughly covers downtown, the West End, and Inlet Island. More specifically, the intent is to apply the .3% provision to the defined area subject to the density policy, which is • implemented by the Tompkins County Industrial Development Authority(IDA)and which provides tax abatement to qualified projects. In the Route 13 Corridor and in Collegetown, the percent for art would be .5%of the total development costs. Examples of how the percentages would work: Project Cost %for Art Dollars for Art Public—all areas of city a. $1.5 million 1% $15,000 b. $17 million 1% $150,000 Urban Core a. $4.5 million .3% $13,500 b. $10 million .3% $30,000 Rte.13/Collegetown a. $1.5 million .5% $7,500 b. $12 million .5% $60,000 42 funding methods continued draft 6/12/03 Other provisions: Cap- The percent for art calculation would be capped at$15 million for each project, public or private. The minimum project cost would be$200,000-500,000 for private developers. Administration - A percent of each public project(beginning at 5% and up to 15%)would be reserved for administration and maintenance. Some projects might require a higher percentage, some a lower percentage, depending on the acquisition process used and the level of community interaction during the planning stages. In the public project example listed on the preceding page, the administration cost might range from $750 to$2,250 for a total artwork budget of$15,000. Administration costs would include staff salaries, overhead, public relations, project development, artist selection, community outreach, artwork dedication and maintenance. Pooled Fund - All projects would have the option of using the percent funds to support artwork on site or contribute funds to a pooled fund. Use of pooled funds would be determined by public art plan priorities. Administration and maintenance money would be set aside from the pooled fund for each project. Ownership— Private property owner would retain ownership of the artwork. Art Placement— Generally, artworks should be outside and publicly accessible. However, art placed in the interior of a building must be in an area accessible to the public from 9:00 a.m. to 5:00 p.m. Eligible capital projects— All new construction and all renovation projects which undergo alterations or repairs that exceed fifty percent of the value of the existing structure are eligible. Artwork costs- Artwork costs would include approximately 15%to artist design fee, research, travel, project proposal, engineering and construction documents and approximately 85%to fabrication/installation (artist travel, materials, studio overhead, subcontractors, fabricators, installation, site preparation, insurance, bonding). Consider 10%contingency fund for unknown project costs within the fabrication/installation portion of the budget. Capital Improvement Project definition - 1) new construction of a building or of additional space added to a building; 2)any reconstruction or renovation of a building or part of a building equal to or exceeding in cost, fifty thousand dollars; 3)any other project, the intended use of which requires that it be accessible or visible to the public, including but not limited to drainage, roads, parks and bridges, excepting therefrom sewer lines; 4) projects shall not include equipment or rehabilitation of equipment; Cost of project shall include site work, and contingency allowances for a project, but shall exclude land or building acquisitions and subsequent changes to the project unless such subsequent changes exceed fifty percent of the initial cost of the project. 43 Funding methods continued/other provisions draft 6/12/03 Total Cost does not include costs for: design and engineering of the building, administration, fees and permits, building demolition, relocation of tenants, contingency funds, land acquisition, environmental testing or indirect costs, such as interest during construction, advertising and legal fees. Art parameters- The following non-artistic items do not meet the intent of this program: Reproductions, by mechanical or other means, of original works of art; decorative, ornamental, or functional elements which are designed by the architect or consultants engaged by the architect as opposed to an artist commissioned for this purpose; those elements generally considered to be components of a landscape architectural design except when elements are designed by the selected project artist and are an integral part of the project artwork; "art objects"which are mass- produced of standard design; directional or other functional elements such as super-graphics, signs, color coding, maps, etc.; modification in or improvements to building surfaces or structural elements of the building, and services or utilities necessary to operate and maintain an artwork over time. Eligible projects include, but are not limited to: sculpture, murals, portable paintings, earthworks, neon, mosaics, photographs, prints, film, sound, video, any combination or forms of media and new genres; standardized fixtures such as grates, streetlights and other design enhancements as are rendered by an artist for unique and limited editions. Preferred Option#2 Public Percent for Art Ordinance with Voluntary Private Participation: In this option, public capital improvement projects would have a 1% designation for public art and • a .3 or.5%designation on private development as per the proposed zoned approach. Participation by private developers would be voluntary and follow some of the parameters described above. Preferred Option#3 Public Art General Fund Options Public Art General Fund through Per Capita Funding: This type of funding mechanism has been used in some smaller cities. An annual fund is designated based on a per capita set aside in the General Fund. This city art fund can be carried over from year to year and pooled to create larger projects. The City of Kent, WA uses a $2 designated per capita mechanism and a private percent for art. Public Art General Fund through another assessment set aside: A set aside program could be established to fund public art by pooling fees into a designated general fund. For example, a $4(Four For Art)or$5 for art*notion added to the city permit application system. These set aside ideas could be developed with public information that would build awareness of program purposes. *Suggested by Mayor Cohen. Another set aside idea could designate a voluntary contribution for public art paid with city tax payments. This option has yet to be explored in terms of any legal issues. 44 Funding methods continued draft 6/12/03 There are other percent options that could be explored. A brief description of these options is listed below. Other Percent for Art Options Public Percent for Art Options: Public Percent for Art Ordinance-An ordinance is developed to designate percent for art contributions on all public development projects only. Public Percent for Art Voluntary-On public development projects, contribution toward a percent for art is optional. Public Art General Fund Designation - Public development projects are funded through a general fund designation determined in each yearly budget cycle. Public/Private Percent for Art Options: Public/Private Percent for Art Voluntary-On all public and private development projects, a contribution toward percent for art is optional. Public/Private Percent for Art in an Arts/Entertainment Zone-On public and private development projects in a designated area of the city, percent for art is applied. Private Foundation/Cultural Group-A separate non-profit group sets up fund for public artworks. This group works in partnership with the city. New York State Examples of Public Art Ordinances Rockland County- Run by Rockland Center for Arts, population 280,000. Ordinance states that 1%of first$15 million of bonded County capital projects is used for art on project site. NYC Percent for Art Program -Ordinance allocates 1% of municipal construction budgets for newly constructed or reconstructed capital projects, cap of$400,000. Annual cap of$1.5 million. Huntington, Town (Division of Cultural Affairs) -No ordinance for percent for art, but an allocation is part of annual operating budget. This is a new program with an initial allocation of$5,000. Buffalo- Part of city government but run by Buffalo Arts Commission. Ordinance states that any capital improvement project of over$1 million with any city funding designates 1%for art. Local Option A local funding source for public art may be the room tax. The room tax could be a mechanism for providing ongoing revenue support but the impact on other, existing art activities funded by this source would need to be explored. 45 APPENDIX G DRAFT 6/12/03 PUBLIC ART PLAN KEY INFORMANTS During the process creating this plan, the Public Art Commission wanted the participation of key informant persons and groups that might have interest in or feedback on public art questions. The people and groups listed below received letters from the commission seeking input on the public art plan. An asterisk indicates that a response was received via letters or through meetings. Community Arts Partnership, Richard Driscoll and Loralyn Light* Ithaca Downtown Partnership, Gary Ferguson and Board* Community School of Music and Art, Tom Scharff* Saltonstall Foundation for the Arts, Lee Ellen Marvin Historic Ithaca, Scott Whitham Dewitt Historical Society, Matt Braun* Ithaca City School District, Judy Pastel and Craig Evans* Ithaca Community Fine Arts Booster Group, Patti Nozell Tompkins County Public Library, Janet Steiner GIAC, Marcia Fort Ithaca Youth Bureau, Allen Green* Southside Community Center, Diann Sams and Board State of the Art Gallery, Stan Bowman, current chair Cornell University Art Department, Buzz Spector, chair Ithaca College, Susan Weisand Sciencenter, Charles Trautmann Public Service Center, Cornell University, Leonardo Vargas Cornell Council on the Arts, Milton Curry Johnson Museum, Frank Robinson* PTA Council, Pam Hanna CAP artist email list(Jeff deCastro, John Snyder, Anne Campbell, Nancy N. Maas, Camille Doucet, Rob Licht)* Board of Public Works* Strategic Tourism Planning Board, Scott Wiggins Chamber of Commerce, Jean McPheeters* City Affairs Committee, Chamber of Commerce* Neighborhood list- Bryant Park Civic Association, Nancy Leeming and Mary Tomlan Center Street Neighborhood Watch, Dorothy Rollins Collegetown Neighborhood Associaiton, Nancy Schuler and Gary Stewart* Cornell Heights Civic Association, Michael and Erica Decatur CAN-DO Neighborhood Association, Leslyn McBean East Spencer Street Association, David Henderson First Street Neighborhood Association, Armin Heurich and Gail Brisson Hector Street Neighborhood Association, Margot Brinn Henry St. John Civic Association, Gloria Landes and Eric Rosario Latino Civic Association, Leonardo Vargas Marshall and Linn Street Association, John Barradas Marshall and Utica St. Neighborhood Association, Linda Farthing-Kohl Northside Neighborhood Planning Association, Wendy Workman Orchard Place Association, Terrence and Jane Fajans 46 Key informants continued draft 6/12/03 We Are Neighbors Too, John Beach South of the Creek Neighborhood Association, Rick Grossman Spencer Road Neighborhood Association, Crystal Buck and Ben Coakley South Hill Civic Association, Jim Meyer Titus Towers Tenant Council, Betty B. Miller University Hill Neighborhood Association, Kate Lunde* Appendix F continued Washington Park Neighborhood Association, Jutta Dotterweich and Michael Vitucci* West Hill Civic Association, Amy Christian Wood Street Neighborhood, Rick Rogers Church/Religious Organizations: Ithaca Reform Temple, Abby Lyon Temple Beth El, Rabbi Scott Glass First Assembly of God, John Sotero Tabernacle Baptist, David Nelson Immaculate Conception Church, Father Leo Reinhardt St. Catherine Greek Orthodox, Stephen Lilley St. John's Episcopal, Phillip Snyder St. Paul's United Methodist, Rebecca Dolch Unitarian Church of Ithaca, Stan Sears St. James A M E Zion Church, Robert E. Williams First Baptist, Wendy Fambro Calvary Baptist First Presbytarian, Ron Allin *groups responded via letters or meeting notes or phone 47 APPENDIX H draft 6/12/03 PUBLIC ART RESOURCES The resources below were used in compiling this plan; some of these resources could be used for the future implementation of the plan. This is a draft to be finalized. • Tompkins County Quality of Life 2000, a report of the Tompkins County Quality of Life Committee, December 2002. • Community Cultural Assessment, Community Arts Partnership, Ithaca, NY July 2002. • Project for Public Spaces, Inc., 153 Waverly Place, NY, NY 10014, ppspps.orq, Cynthia Nikitin, Assistant Vice President, PPS Slide Library • Making Public Art Work, Cynthia Abramson Nikitin, Sculpture Magazine, April 2000, http://sculpture.org/documents/scmagg00/april00/pub/pub.htm This article describes the charrette process for gathering community input. • FORECAST Public Artworks, 2324 University Ave.W#102, St. Paul, MN 55114, www.forecast.org. • The Tilted Arc Controversy:Dangerous Precedent?By Harriet F. Senie, U of MN Press 2001. • 2003-2004 Public Art Program Directory, Renee Piechocki editor, Public Art Network— Americans for the Arts, 2003, www.AmericansForTheArts.orq. • Public Art Funding-Developing Percent for Art Programs, Brenda Brown and Mary Rubin, American for the Arts monograph, December 2000. • Public Art Review, various issues, http://www.publicartreview.org/Public Art Review, 2324 University Ave W.,#102, St. Paul, MN 55114. • Public Art 101- Curricular Book, Seattle Arts Commission, October 2001, vvww.cityofseattle.net/arts • Arts in Public Places Policy Manual, City of Brea, CA, June 2001, www.cityofbrea.net • Austin City Connection, Arts in Public Places Program guidelines, http://www.ci.austin.tx.us/aipp/guideo3.htm • New York City Department of Cultural Affairs Percent for Art Program Implementation Guidelines, December 1985, amended January 1996, NYC Percent for Art Program, Department of Cultural Affairs, 330 W. 42nd Street,14t"floor, NYC, NY 10036, www.nvc.qov/html/dcla • Town of Huntington Public Art Initiative, Public Art Advisory Committee Guidelines and Administrative Plan, Town of Huntington Division of Cultural Affairs and Huntington Arts Council, September 2001, John E. Coraor, Director of Cultural Affairs, jcoroara,town.huntington.ny.us • City of Buffalo public art ordinance, Buffalo Arts Commission, 222 City Hall, 65 Niagara Square, Buffalo, NY 14202 • County of Rockland, NY public art ordinance, Arts in Public Places of Rockland County, NY, Rockland Center for the Arts, 27 South Greenbush Road, West Nyack, NY 10994, Julianne Ramos, (845) 358-0877, inforocklandartcenter.orq • Public Art and Private Development—Report on Program Policies, King County Public Art Program, Office of Cultural Resources, Smith Tower, 506 Second Ave., Suite 200, Seattle, WA 98104, 2002, www.metrokc.gov/exec/culture/publicart • Public Art Seattle interactive cd, http://www.cityofseattle.net/arts/publications/publicart • The Arts in Public Policy:An Advocacy Agenda, Thomas L. Birch, The NASSA Advocate 2002, The National Assembly of State Arts Agencies, 1029 Vermont Ave. NW, 2nd floor, Washington, D.C. 20005, www.nasaa-arts.orq • National Assembly of State Arts Agencies, cultural tourism description, www.nasaa- arts.org 48 w • Public art resources continued draft 6/12/03 • Municipal and State Programs That Support Artists, Noelle Backer, Art Calendar September 2002. • Northside Neighborhood Plan "Turning the Corner"first draft April 2002, Leslie Chatterton, Tim Logue, Northside Steering Committee, Cornell Department of City and Regional Planning Community Planning Workshop • Public Art Pittsburgh, Code of Ordinances, http://www.city.pittsburqh.pa.us/artcomm • Artspace Projects, Inc., http://www.artspaceproiects.orq • Yes in My Front Yard: Community Participation and the Public Art Process, Marie Gee, High Performance#69/70, Spring/Summer 1995, http://www.communityarts.net/readingroom/archive/publicartprocess68.php • Paducah Artist Relocation Program, Paducah, Kentucky Department of Planning, City Hall, 300 South 5th Street, P.O. Box 2267, Paducah, Kentucky 4200202267, Mark Barone, Coordinator mbarone(a ci.paducah.ky.us • Who's on First?Resolving Problems of Implementation in Public-sector Planning, Craig Dreeszen, Ph.D., National Endowment for the Arts publications Lessons Learned:Essays, http://arts.endow.gov/pub/Lessons/Lessons/Dreeszen2.html • The Planning Process, Creative Montgomery, Arts and Humanities in Montgomery County MD, http://www.ahcmc.org/2001/set/process.html • City of Santa Fe Arts Commission Art in Public Places Program guidelines, http://www.ci/sante-fe.nm.us/arts/paqe9/html • Providence Arts and Culture entertainment zones, http://www.providenceri.com/arts/arts.html • City of Albuquerque Capital Implementation Program for Public Art Program, Urban Enhancement Trust Fund, http://www.cabq.qov/cip/cipart/html • Minnesota Percent for Art in Public Places Program, Minnesota State Arts Board, http://www.arts.state.mn.us/artists/art9.html • City of Ventura Public Art Program, http://www.ci/ventura.ca.us/cityhall/commsrvcs/cultural/pubart/pubart.sht • City of Laguna Beach Art in Public Places, http://www.scaq.orq/homepaqes/laquna beach/artaipp.html • Minneapolis Arts Commission Art in Public Places, http://www.ci.minneapolis • City of Fort Collins, CO Art in Public Places, South Taft Hill Road Project, http://www.ci.fort-collins.co.us • Miami-Dade County Art in Public Places, http://www.co.miami- dadeRus/publicart/about.html • Cambridge Arts Council Public Art Program conservation and maintenance, http://www.ci.cambridqe.ma.us • Public Art Fund, New York presenter of artists' projects, http://www.publicartfund.orq • Public Art in Urban Regeneration:An Economic Assessment, Tony Bovaird, Public Art Observatory Databank, 1999, http://www.us.es.escult/LIBRARY/bovaird.htm • Broward County Cultural Affairs, Public Art and Design, www.browardarts.net 49 APPENDIX I draft 6/12/03 POTENTIAL PUBLIC ART PARTNERS Tompkins County and the surrounding area are home to a variety of individual artists and arts/community organizations. There are potential collaborations with many of these individuals and groups who could be public art partners. Listed below are brief descriptions of how these potential partners could connect with public art activities. This information was submitted directly by these groups. Community Arts Partnership(CAP) The Community Arts Partnership serves as a liaison organization to the Public Art Commission. CAP has advised the Commission on artist issues, made connections to artist groups and facilitated access to CAP's artist slide registry. CAP would continue to advise on programs, assist connection to the artist community and potentially serve as a contracted agency/consultant on public art projects. Ithaca Downtown Partnership(IDP) The Ithaca Downtown Partnership serves as a liaison organization to the Public Art Commission. IDP has embraced in the incorporation of art and art activities into the downtown business district and views this activity as good for business. IDP created and administers the Art in the Heart of the City temporary sculpture exhibit and they run the Art Walk program. IDP's long-range plans include an art focus; refer to their vision plan included in the appendix. Tompkins County Public Library(TCPL) The Tompkins County Public Library's new home in November 2000 has served as a valuable exhibit space for art. The library hosts four exhibits a year with support from the Community Arts Partnership, and through partnerships with other organizations such as The Inkshop. The Inkshop cosponsored"Textscapes"this year, a show resulting from the work of public art creator Jeff deCastro who collaborated with printers and poets in writing and printing workshops to"wrap the library." The library will continue to serve as an exhibit space for art and will continue to do arts programs, including many children's arts programs, and to work in partnership with other organizations. Community School of Music and Art(CSMA) The Community School of Music and Art offers classes to all ages in a variety of arts areas. In addition, CSMA's home on State Street has served as an exhibit space for a variety of arts exhibits. The Community School of Music and Art can assist the Public Art Commission with planning; act as a resource for identifying artists in the community; provide space for temporary installations; and schedule some meeting/work space for public art activity. Johnson Museum of Art The Herbert F. Johnson Museum of Art is a nationally recognized museum as part of the Cornell University campus. The Johnson Museum can help by providing staff expertise, contacts with artists, some fundraising and grant writing, and publicity for the program in the museum's own outlets. In addition, Frank Robinson has offered his expertise as a former commission member in Providence, RI. Dewitt Historical Society of Tompkins County The Dewitt Historical Society is devoted to collecting, preserving and interpreting the history of Tompkins County. The Dewitt has offered to connect with Public Art Commission activities through its role in a variety of areas including: the only museum located in the downtown business district; its location at Gateway Plaza; its role in the history of the county; use of its collection; promotion of the appreciation of history to foster civic pride and civic engagement; collaboration to benefit the historical society, the PAC and potentially attract and retain people and business to the downtown area. 50 Potential partners continue draft 6/12103 Ithaca Youth Bureau The Youth Bureau building and Cass Park are city-owned and managed by the Youth Bureau. These spaces would be available for the display of art. Ithaca City School District Response from Carol Spence, 2002-03 High School Fine Arts Coordinator, suggested a student collaboration with future public art activities. Students could view art and discussions could be set up with the artists. Advanced students might also participate by contributing their artwork for an appropriate public venue. Individual Artists Several individual artists have expressed a desire to collaborate with the public art program as commissioned artists and to provide feedback on program activities. Other organizations Other organizations have articulated their desire for future collaborations. The Saltonstall Foundation, the Cornell Council on the Arts and the Discovery Trail are examples of organizations that have expressed interest in exploring and considering future collaborations. 51 r APPENDIX J draft 6/12/03 FUNDING SOURCES The sources listed below could be utilized for future funding of public art projects and programming. This portion of the appendix is incomplete and will be updated. • National Endowment for the Arts, 1100 Pennsylvania Avenue, NW, Washington, DC 20506, (202)682-5400, matching funds for public art. Also have sponsored"Mayor's Institutes" where government leaders can bring design projects to an institute for discussion. • New York Foundation for the Arts(NYFA), 155 Avenue of the Americas, 14th Floor, New York, NY 10013, (212) 366-6900 Artists and Audiences Exchange program will provide funding for artist workshops and presentations. • New York Foundation for the Arts(NYFA), www.nyfa.org, features an interactive web page and provides links to grant sources. • New York State Council on the Arts (NYSCA), www.nysca.org. The NYSCA visual arts category funds organizations to provide a variety of programs and services. 52 APPENDIX K draft 6/12/03 CONTRACTS A review of sample artist and donor contracts indicates that the following elements have been considered as part of contracts. For the artist: Description of the artwork Requirements and approval for the design of the artwork Artist's scope of work description Schedule for artwork, including any progress reports and artwork review Fabrication and installation requirements Use of community input, if applicable Site preparation Delivery/transportation and installation Price/payment schedule/sales tax Inspection and review of artwork/loss/damage/delivery Delays in construction Copyright and reproduction agreements Warranties/insurance Indemnification Maintenance protocol or requirements Signage Relocation and removal conditions Death or disability of artist/termination conditions • Applicable law Notices Miscellaneous (servability, entire agreement) With each contract, artists should receive a copy of any maintenance or appeals policy conditions. For the donor: Site selection information Base or pedestal requirements Delivery of artwork Representations Covenants Relocation and removal conditions Indemnification Notices Miscellaneous(governing law,jurisdiction, venue) With each contract, donors should receive a copy of any maintenance or appeals policy conditions. 53 APPENDIX L draft 6/12/03 PUBLIC ART COMMISSION MEMBERS 2002-2003 This is a draft to be finalized. Terry Plater, Chairperson Terry Plater, currently Associate Dean for Academic Affairs in Cornell University's Graduate School, has lived and worked in Ithaca for nine years. Trained as a professional architect and planner, she is also a practicing artist and a member of the Greater Ithaca Art Trail. Leslie Carrere, Commission Member Leslie Carrere is an artist and designer. She also has been active on local not-for-profit boards. Sally Grubb, Commission Member Sally Grubb, a commission member since 1997, is an administrator for the Tompkins County Public Library Foundation. She also serves as a school board member for the Ithaca City School District and coordinates the Forest Home Chapel Craft Fair each year. A long time community volunteer, Sally also has coordinated the Ithaca Festival, created the Corner Book Store window displays and served on the Centennial Arts and Culture Committee. Barbara Mink,Commission Member Barbara Mink is a painter and member of the Greater Ithaca Art Trail and the State of the Art Gallery. Barbara is also a lecturer in the Cornell University Business School. She served for several years on the Tompkins County Board of Representatives. She is the driving force behind the upcoming Light in Winter Festival. Alan Nemcek, Commission Member Alan Nemcek, a commission member since 2001, is owner of Decorum, a furnishings store at 124 The Commons that features local artists' handicraft. Alan is a former music teacher and has acted on local stages for such theaters as the Hangar Theater. Susan Blumenthal, Common Council liaison Susan Blumenthal has been on the Common Council since 1996 and has served as the Council liaison to the commission since 1999. As Chair of the Planning and Economic Development Committee until 2001, Susan played a leading role in laying the groundwork for development in downtown, Inlet Island, the West End, and the Southwest areas of the city. Susan also spearheaded the ordinance changes in 1999 and 2002 that led to the writing of this plan. Her training is in city planning. JoAnn Cornish, City staff liaison JoAnn Cornish, liaison from the city staff, serves as Deputy Director of the City of Ithaca's Planning and Development Department and has been trained as a landscape architect and planner. JoAnn has been actively involved in the Ithaca Downtown Partnership's"Art in the Heart" and serves as the City's staff person for coordinating the City's permanent art collection. Richard Driscoll, Community Arts Partnership liaison Richard Driscoll is a liaison from a key partner agency, the Community Arts Partnership(CAP),the arts council for Tompkins County. He has served as CAP's executive director since 1990. An equity actor, Richard has been seen on the Kitchen, Hangar, and regional theater stages. Richard has also served as three years(two as chair)on the review panel for the State and Local Partnership Program of the New York State Council on the Arts. Gary Ferguson, Ithaca Downtown Partnership liaison Gary Ferguson is a liaison from another key partner agency, the Ithaca Downtown Partnership (IDP). He has served as IDP's executive director since 1999. The Ithaca Downtown Partnership 54 ■ is the community organization charged with the management, promotion and revitalization of downtown Ithaca. Among its many programs is"Art in the Heart of the City", an outdoor/indoor temporary sculpture exhibition held each year from June—December. Gary also serves as board member and chair of the City Affairs Committee of the Chamber of Commerce, a trustee of the Tompkins County Public Library, a board member of Historic Ithaca, Inc. and a board member of the Sciencenter. Martha Frommelt,consultant Martha Frommelt has been involved in arts in education and comprehensive arts planning projects in Minnesota and New York. She was program director for the Minnesota State Arts Board's Art in Education Program. Martha has also worked for the Chemung Valley Arts Council, and as consultant for the Ithaca City School District and the Community Arts Partnership. 55 APPENDIX M draft 6/12/03 VARA (VISUAL ARTISTS RIGHTS ACT) In 1990, Congress proposed VARA, an addition to the Copyright law. This federal law guarantees artists their moral right to claim or disclaim authorship in artwork; preserves limited rights to prevent distortion, mutilation, or modification of a work; and the right, under some circumstances, to prevent destruction of a work that is incorporated into a building. These rights are referred to as the right of attribution and the right of integrity. The rights last for the life of the artist for works created after June 1, 1991. New York state law also protects artists' rights. These rights can be waived if the artist signs a written document stating the rights be waived and the specific artwork is identified. A consolidated version of the Copyright Act is available at http://scaletext.law.qov.au/html/pasteact/01244/top.htm. 56 APPENDIX N DRAFT 6/12/03 ITHACA DOWNTOWN PARTNERSHIP: PLAN FOR DOWNTOWN THE ITHACA DOWNTOWN PARTNERSHIP 2003-2010 DEVELOPMENT STRATEGY THE ROLE OF ART IN DOWNTOWN One of downtown Ithaca's market niches is as a center for the appreciation and commerce of art. The role of art in transforming downtown centers across the country is well documented. Here in Ithaca, there is an opportunity to grow upon a solid base of art programs and art businesses to create a center of regional and even national prominence. Downtown is ideally suited to serve as a center for art. Downtown's ambience and aesthetics, its collection of older commercial buildings, its existing status as a tourist destination and its present group of art businesses, organizations and programs all make it an excellent candidate for further art growth and development. There are several overall art goals for downtown: - To enable visitors to downtown to experience art on each and every trip; - To build a critical mass of art businesses that, on its own, can stand as a visitor attraction and destination draw; To be perceived regionally and throughout the Northeastern United States as a center for art. To attain these goals during the period 2003 to 2010, the Ithaca Downtown Partnership will work with the Ithaca community to: (1) Continue and work to institutionalize the Art in the Heart of the City annual sculpture exhibition.Now in its 4th year, Art in the Heart of the City has earned praise for its breadth and scope. It was cited by Yankee Magazine as one of New York State's must see attractions for 2003. The IDP will work to grow the exhibition and find a partner to help co-produce the project. (2) Build a permanent downtown sculpture collection. Downtown currently has four permanent sculpture pieces. The goal of the IDP will be to add a new piece of public art to the permanent collection in downtown each year. Pieces can be held publicly or privately. 57 (3) Develop a mural art program. The City has already purchased four permanent mural boxes that the IDP will program with mural art on a rotating basis. It is the goal of the IDP to add one new mural to downtown each year on either public or private property. The IDP will also work with the Board of Public Works and the Public Arts Commission to inventory downtown public structures and pre-qualify possible mural art locations. (4) Encourage the growth of art galleries. The IDP will work increase the number of public art galleries (both private and nonprofit)to at least 12. (5) Encourage art in private buildings and businesses. The IDP will institute a voluntary program to encourage downtown buildings and businesses to integrate art into the public spaces. The goal will be to encourage at least 50% of the businesses and major buildings of downtown to feature art in some fashion. (6) Investigate an art incubator program. The IDP will explore the feasibility of creating a downtown art incubator program that could cluster studio artists and also serve as a center for visitors. (7) Accent art as a key feature in downtown public amenities. The IDP will work with the City of Ithaca to ensure that, to the greatest extent possible, new or renovated public facilities, infrastructure and/or street and sidewalk amenities will have built-in art features. Among the future projects to be targeted are TCAT bus stops and shelters, Commons entrance improvements and benches and pavilion upgrades. (8) Champion the creation of satellite art museum. The IDP will investigate the future feasibility of creating a downtown art museum, most likely a satellite facility from either Cornell University or Ithaca College. (9) Organize an ongoing busker program. Public art can also include performance art. The IDP will work to create an ongoing busker street performer program that seeks to provide musical or other performance entertainment at key visitor times throughout the year. 58 � Q�iTHq'9 CITY OF ITHACA v,;� •-- ,� 108 East Green Street 3rd Floor Ithaca,New York 14850-5690 rTT cil1 Tl��, I'1I I TT�t. DEPARTMENT OF PLANNING AND DEVELOPMENT coq•..........• '�0 Rpq�?EO_= H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning 85 Economic Development Committe From: Tim Logue, Neighborhood and ED Planner Date: June 10, 2003 Re: Environmental Protection Fund Application - Phase 3 of the Cayuga Waterfront Trail At last week's meeting, Common Council approved the submission of three grant applications to the state Environmental Protection Fund and/or the federal Land and Water Conservation Fund. There was one more application that was mentioned but was not acted on: a feasibility study for concepts related to the third phase of the Cayuga Waterfront Trail - see attached description from Rick Manning, Coordinator of the Cayuga Waterfront Trail Initiative. This application differs slightly from the previous three. It is submitted to the Department of State under the program of Local Waterfront Revitalization, which has separate criteria and funding priorities from the Office of Parks, Recreation, and Historic Preservation, the office that will rank other three applications. The grant program is a 50/50 match and reimbursement arrangement, but in this case would not require a financial commitment by the City because the Cayuga Waterfront Trail Initiative would raise the local share, approximately $25,000. Also attached to this memo is a draft resolution for your consideration that would approve the submission of this application. An environmental review of this project/application is not necessary at this point because it is only a study and does not result in any direct action. As I may not be able to attend your meeting, I will ask Rick Manning to be there to answer any questions you might have. Q:APLANNING\PROJECTS\grants\2003 EPF and LWCF\CWT3_Feasability\PandED memo.doc An Equal Opportunity Employer with a commitment to workforce diversification." 0 Cayuga Waterfront Trail Phase 3 Feasibility Study Request for Resolution from Common Council for Environmental Protection Fund Grant Application May 29, 2003 Background City DPW crews constructed Phase 1 of the Cayuga Waterfront Trail in Cass Park last year. Phase 1 was funded with a New York State Environmental Bond Act grant and matching funds from the City of Ithaca. The City recently received$488,000 of federal TEA-21 Enhancement Program funds to design and build phase 2 of the trail to link Cass Park to the Farmers' Market and Route 13 crossings at Dey and Third Streets. The City is in the process of hiring a consultant to prepare construction documents and construction is anticipated to occur in 2004. Summary Phase 3 of the trail will link Dey Street to the Tompkins County Visitors Center passing through Newman Municipal Golf Course and Stewart Park. Trail construction through the golf course and Stewart Park, while challenging,present many opportunities for long-term improvements to the Ithaca waterfront. These include using wastewater effluent for to irrigate the golf course and the development of a dredge spoil site off the west end of Stewart Park. The proposed feasibility study will cost$50,000, $25,000 from the New York State Environmental Protection Fund and a$25,000 match to be raised by the Cayuga Waterfront Trail Initiative. No City funds are requested. The funding request is to the Department of State's Local Waterfront Revitalization Program and will not directly compete with the Parks Development Fund and Historic Preservation grants being considered for submission The purpose of the study is to develop plans and cost information so the City is prepared to respond to future opportunities for trail and related project construction funding. Issues and Opportunities Newman Golf Course Currently the City pumps millions of gallons of nutrient-rich wastewater through the golf course into Cayuga Lake,while using potable city water for watering the golf course with supplemental fertilizers. Water bills have averaged$17,000 per year for the last two years. In two or three years,when tertiary treatment is operational at the Wastewater Treatment Facility, effluent will be suitable for landscape use. Opportunities for Improvements: • Use of wastewater effluent for golf course irrigation can potentially reduce nutrients being directly pumped into the lake and reduce the need for using chemical fertilizers on the golf course. While the overall reduction in volume of effluent being pumped into the lake will not be significant, irrigation needs are greatest in dry summers when the nutrient loading is at its peak. • The golf course property could be shared with the greater community by developing the trail on the gravel access road along the west edge of the golf course and between Cornell's Biological Field Station and the 8`h fairway, along the woodland edge. This will require the relocation of the 7th tee and green and the 8th tee, protective fencing along the 8`h and 9th fairway, and the construction of a new trail bridge over Fall Creek. • Explore the feasibility of developing a driving range to enhance revenues for the golf course and provide an amenity for the golf community and the community at large. • Develop an effluent water pumping station so that effluent can be used for watering street trees and washing city streets. _+► --- Stewart Park The proposed trail in Stewart Park is a loop trail along the lakefront and along the east edge of the park, adjacent to the lagoon and Fuertes Bird Sanctuary. Given the historical significance of the park and its value to the community, the park design should be carefully considered during the trail planning process. At the same time there is a dire need to develop a dredge spoil site for the City of Ithaca. Meetings held two years ago with the City, County and State discussed the use of the lake edge of Stewart Park and Treman State Marine Park for spoil disposal. It is proposed that the study look at the feasibility of creating a wetland complex with dredge spoils off of the west end of Stewart Park,north of and adjacent to the Cascadilla Boathouse, effectively extending the eastern bank of Fall Creek to the north. Study and Study Team The purpose is to determine the feasibility of all of the components described above and to develop plans and cost information to prepare for future construction grants. A team of professionals will conduct the study with input from City, County and State staff and the public. The study team will be comprised of the following disciplines: • Landscape architect coordinator and design leader • Turf grass/golf course specialist to study the feasibility and impact of using effluent for irrigation. • Golf course architect and irrigation design consultant. • Engineer to study creating the dredge spoil site • Bridge engineer to study bridge design for new trail bridge over Fall Creek • Water quality consultant to review impact of effluent and of dredge spoil site The final product will be a design report that will include: • Schematic Site plan for Phase 3 of the Waterfront Trail including the Golf Course and Stewart Park. • Design report • Environmental review • Identify permits and approvals required • Cost information and identify possible funding sources. PLANNING 8s ECONOMIC DEVELOPMENT COMMITTEE June 18, 2003 A Resolution Authorizing a Grant Submission to the Environmental Protection Fund for a Feasibility Study for the Third Phase of the Cayuga Waterfront Trail WHEREAS, the New York State Department of State has announced the availability of grant applications under the Environmental Protection Fund's Local Waterfront Revitalization Program, and WHEREAS, Common Council is desirous of submitting an application to assist in the study of the third phase of the Cayuga Waterfront Trail, including the feasibility of using wastewater effluent to irrigate the golf course and the possibility of creating a dredge spoil site off the west end of Stewart Park, now, therefore, be it RESOLVED, that H. Matthys Van Cort, as Director of Planning & Development for the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Department of State in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $50,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for a feasibility study for the third phase of the Cayuga Waterfront Trail, and be it further RESOLVED, that the local share of this grant application will not be derived from City of Ithaca financing, but shall be raised by the Cayuga Waterfront Trail Initiative. \\CITYHALL\VOL2\PLANNING\PROJECTS\grants\2003 EPF and LWCF\CWT3_Feasability\Planning Committee res_CWT3.doc • ff irHa CITY OF ITHACA - "'"4"0,1 C.)1" ,a' ' 108 East Green Street 3rd Floor Ithaca,New York 14850-5690 GTTlf1`fTl ytiTT11I . C's -x 0, DEPARTMENT OF PLANNING AND DEVELOPMENT �R "0`0 H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 MEMO TO: Members, City of Ithaca Planning and Economic Development Committee FROM: Kate Mance, Environmental/Landscape Planner DATE: June 12, 2003 RE: Revisions to Sign Ordinance As you know, Common Council recently adopted all revisions to the sign ordinance except section 325-50.A-1. After further review, planning staff in conjunction with the City Attorney have proposed a third alternative for this section. Enclosed please find the original alternatives as well as this new language. Please contact me if you need further information. Cc: JoAnn Cornish Phyllis Radke Norma Schwab Thys VanCort Doug McDonald Common Council "An Equal Opportunity Employer with a commitment to workforce diversification." L^� • Sign Ordinance, Changes Discussed by Planning Committee—5/27/03 § 325-50. Signs permitted in all districts. A. Permit not required. The following signs are permitted in any use district without a permit, as noted: [Amended 8-3-1977 by Ord. No. 77-8] 1. Signs advertising the sale, lease or rental of the premises upon which the sign is located. Each property shall be limited to one (1) such sign, except with regard to parking, as follows: (a) Signs temporarily advertising the premises for sale in SW-2, SW-3, WEDZ- la and I-1 zones shall not exceed fifteen(15) square feet; in all other areas, said signs shall not exceed five (5) square feet. In all zones, such signs shall be unlimited in duration except that they must be removed within thirty(30) days of sale of the premises. (b) (Alternative 1) Signs advertising the premises for rent shall not exceed five (5) square feet in size except in residential districts, where said signs shall not exceed one (1) square foot and be attached only to the front face of a building. The top edge of the sign shall not exceed the height of the top of the front door. The signs shall be gray or beige with black or brown letters. (Alternative 2) Signs advertising the premises for rent shall not exceed five (5) square feet in size except in residential districts,where said signs shall not exceed two (2) square feet and be attached only to the front face of a building. The top edge of the sign shall not exceed the height of the top of the front door. The signs shall be gray or beige with black or brown letters. (c) Signs advertising rental of premises for parking of vehicles shall not exceed two (2) square feet in size in all districts and are unlimited in duration. Each property may display one(1) such parking rental sign visible from a public way,which can be in addition to a sale or rental sign on the same premises. In residential zones, freestanding signs advertising rental of premises for parking of vehicles shall not be permitted in front yards. (d) Informational signs in residential zones shall be subject to the following regulations: Each property shall be limited to one(1) such sign. Informational signs shall not exceed two (2) square feet in area and shall not have letters exceeding two (2) inches in height. Informational signs are not permitted in front yards. If placed on any portion of the face of a building, or any appurtenance attached thereto, the top edge of informational signs shall not exceed five (5) feet from ground level. • Sign Ordinance, Changes Recommended by Staff and City Attorney, 6/12/03 § 325-50. Signs permitted in all districts. B. Permit not required. The following signs are permitted in any use district without a permit, as noted: [Amended 8-3-1977 by Ord. No. 77-8] 1. Signs advertising the sale, lease or rental of the premises upon which the sign is located. Each property shall be limited to one(1) such sign, except with regard to parking, as follows: (a) Signs temporarily advertising the premises for sale in SW-2, SW-3, WEDZ- la and I-1 zones shall not exceed fifteen(15) square feet; in all other areas, said signs shall not exceed five (5) square feet. In all zones, such signs shall be unlimited in duration except that they must be removed within thirty(30) days of sale of the premises. (b) Because of the unique character of the Ithaca community which has a large university population and in which approximately 70%of housing is rental units, the economic viability of landlords depends on their ability to advertise rental properties on an unlimited basis. In order to accommodate this necessity while, at the same time, enhancing and protecting the physical appearance of residential communities, signs advertising the premises for rent shall not exceed five(5) square feet in size. In residential districts such signs shall not exceed two (2) square feet and be unlimited in duration. Each property may have one (1)building sign or one (1) freestanding sign. The signs shall be gray or beige with black or brown letters, or match the colors of the trim on the house. (Altcrnati,.e 24 (c) Signs advertising rental of premises for parking of vehicles shall not exceed two (2) square feet in size in all districts and are unlimited in duration. Each property may display one(1) such parking rental sign visible from a public way, which can be in addition to a sale or rental sign on the same premises. In residential zones, freestanding signs advertising rental of premises for parking of vehicles shall not be permitted in front yards. (d) Informational signs in residential zones shall be subject to the following regulations: Each property shall be limited to one (1) such sign. Informational signs shall not exceed two (2) square feet in area and shall not have letters exceeding two (2) inches in height. Informational signs are not permitted in front yards or attached to the front face of a building or any appurtenance attached thereto. If placed on any portion of the face of a building, the top edge of informational signs shall not exceed five(5) feet from ground level. oTyq CITY OF ITHACA ,� .�' 108 East Green Street 3rd Floor Ithaca,New York 14850-5690 Fps.[ T TTn• .0- DEPARTMENT OF PLANNING AND DEVELOPMENT PoA�1E0_ H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: City of Ithaca Planning and Economic Development Committee FROM: Kate Mance, Environmental/Landscape Planner DATE: June 12, 2003 RE: Proposed Amendments to City of Ithaca Environmental Quality Review Ordinance(CEQR) The City of Ithaca Environmental Quality Review Ordinance(CEQRO) currently differs from the State Environmental Quality Review Act(SEQR) in many ways. Many of these differences are minor and consist of discrepancies in numbering and format. However, this fosters confusion in applicants and project sponsors seeking to comply with both laws for projects in the City of Ithaca. The attached draft has revised CEQRO to follow the formatting and language of SEQRA wherever possible. In addition, this draft is an attempt to eradicate conflicts between CEQRO and SEQRA. SEQRA clearly states that no actions listed as Type II are subject to environmental review. CEQRO has been revised to eliminate conflicts between the State Type II actions and the City of Ithaca Type I actions. In addition, some thresholds on the Type I list have been changed to better reflect the type of actions typically entertained in the City of Ithaca. Staff also recommends that Planning Committee consider adopting the State guidelines in their entirety. This would entirely eliminate any conflicts, confusion, or the need to update CEQR should State guidelines be amended. A copy of SEQR has been included for your information. Please feel free to contact me at 274-6402 if you have questions or require further information. cc: Common Council Norma Schwab, City Attorney H. Matthys Van Cort, Director of Planning and Development JoAnn Cornish, Deputy Director of Planning and Development Douglas McDonald, Director of Economic Development William J. Gray, Superintendent of Public Works Phyllis Radke, Acting Building Commissioner Mayor Alan J. Cohen Enclosures: CEQR 5/16/03 revisions SEQR "An Equal Opportunity Employer with a commitment to workforce diversification." 0 _ .. Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc DRAFT—Chapter 176 CEQRO—revised 5/12/035-16-03 § 176-1. Authority, intent and purpose. A. This chapter , the City Environmental Quality Review Ordinance (CEQR), is adopted pursuant to § 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act (SEQR).EN B. In adopting SEQR, it was the State Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air,water, land and living resources and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. C. The basic purpose of SEQR and CEQR is to incorporate the consideration of environmental factors into the existing planning,review and decision_making processes of state, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR and CEQR require that all agencies determine whether the actions they directly undertake, fund or approve may have a significant effect on the environment and, if it is determined that the action may have a significant effect,prepare or request an environmental impact statement. D. It was the intention of the Legislature and is the intention of the Ithaca City Common Council that the protection and enhancement of the environment and human and community resources should be given appropriate weight with social and economic considerations in determining public policy and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this chapter that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision-making processes of state, regional and local agencies. It is not the intention of SEQR or CEQR that environmental factors be the sole consideration in decision making. E. This chapter is intended to provide a citywide regulatory framework for the implementation of CEQR by all local agencies. It includes: 1. Procedural requirements for compliance with the law. 2. Provisions for coordinating multiple agency environmental reviews through a single lead agency(§ 176-6 of this chapter). 3. Criteria to determine whether a proposed action may have a significant effect adverse impact on the environment(§ 176-4-1-7 of this chapter). 4. Model assessment forms to aid in determining whether an action may have a significant effect adverse impact on the environment(Appendixes A, B and C of§ 176-4-9-20 of this chapterEN). 5. Examples of actions and classes of actions which are likely to require an EIS (§ 176-4-2-4 of this chapter) and those which will not require an EIS (§ 176-4-3-5 of this chapter). 1 State Environmental Quality Review Act (i)Re-establishment of lead agency may occur by agreement of all involved agencies in the following circumstances: ('a') for a supplement to a final EIS or generic EIS; ('b') upon failure of the lead agency's basis of jurisdiction; or ('c') upon agreement of the project sponsor,prior to the acceptance of a draft EIS. (ii)Disputes concerning re-establishment of lead agency for a supplement to a final EIS or generic EIS are subject to the designation procedures contained in paragraph(5) of subdivision(b) of this section. (iii)Notice of re-establishment of lead agency must be given by the new lead agency to the project sponsor within 10 days of its establishment. (Top of Page) §617.7 DETERMINING SIGNIFICANCE. (a) The lead agency must determine the significance of any Type I or Unlisted action in writing in accordance with this section. (1)To require an EIS for a proposed action, the lead agency must determine that the action may include the potential for at least one significant adverse environmental impact. (2) To determine that an EIS will not be required for an action,the lead agency must determine either that there will be no adverse environmental impacts or that the identified adverse environmental impacts will not be significant. (b)For all Type I and Unlisted actions the lead agency making a determination of significance must: (1)consider the action as defined in subdivisions 617.2(b) and 617.3(g) of this Part; (2)review the EAF, the criteria contained in subdivision(c) of this section and any other supporting information to identify the relevant areas of environmental concern; (3)thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and (4) set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. (c) Criteria for determining significance. (1) To determine whether a proposed Type I or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the 17 State Environmental Quality Review Act proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environment: (i) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems; (ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources; (iii) the impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g) of this Part; (iv)the creation of a material conflict with a community's current plans or goals as officially approved or adopted; (v)the impairment of the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character; (vi) a major change in the use of either the quantity or type of energy; (vii)the creation of a hazard to human health; (viii) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses; (ix)the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action; (x)the creation of a material demand for other actions that would result in one of the above consequences; (xi) changes in two or more elements of the environment, no one of which has a significant impact on the environment,but when considered together result in a substantial adverse impact on the environment; or (xii) two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision. 18 State Environmental Quality Review Act (2) For the purpose of determining whether an action may cause one of the consequences listed in paragraph(1) of this subdivision, the lead agency must consider reasonably related long-term, short-term, direct, indirect and cumulative impacts, including other simultaneous or subsequent actions which are: (i) included in any long-range plan of which the action under consideration is a part; (ii) likely to be undertaken as a result thereof; or (iii)dependent thereon. (3) The significance of a likely consequence(i.e., whether it is material, substantial, large or important) should be assessed in connection with: (i) its setting(e.g., urban or rural); (ii) its probability of occurrence; (iii) its duration; (iv) its irreversibility; (v) its geographic scope; (vi) its magnitude; and (vii)the number of people affected. (d) Conditioned negative declarations. (1) For Unlisted actions involving an applicant, a lead agency may prepare a conditioned negative declaration(CND)provided that it: (i)has completed a full EAF; (ii)has completed a coordinated review in accordance with paragraph 617.6(b)(3) of this Part; (iii)has imposed SEQR conditions pursuant to subdivision 617.3(b) of this Part that have mitigated all significant environmental impacts and are supported by the full EAF and any other documentation; (iv)has published a notice of a CND in the ENB and a minimum 30-day public comment period has been provided. The notice must state what conditions have been imposed. An agency may also use its own public notice and review procedures,provided the notice states that a CND 19 State Environmental Quality Review Act has been issued, states what conditions have been imposed and allows for a minimum 30-day public comment period; and (v)has complied with subdivisions 617.7(b) and 617.12(a) and(b) of this Part. (2)A lead agency must rescind the CND and issue a positive declaration requiring the preparation of a draft EIS if it receives substantive comments that identify: (i)potentially significant adverse environmental impacts that were not previously identified and assessed or were inadequately assessed in the review; or (ii) a substantial deficiency in the proposed mitigation measures. (3) The lead agency must require an EIS if requested by the applicant. (e)Amendment of a negative declaration. (1)At any time prior to its decision to undertake, fund or approve an action, a lead agency, at its discretion,may amend a negative declaration when substantive: (i) changes are proposed for the project; or (ii)new information is discovered; or (iii)changes in circumstances related to the project arise; that were not previously considered and the lead agency determines that no significant adverse environmental impacts will occur. (2) The lead agency must prepare, file and publish the amended negative declaration in accordance with section 617.12 of this Part. The amended negative declaration must contain reference to the original negative declaration and discuss the reasons supporting the amended determination. (f) Rescission of negative declarations. (1)At any time prior to its decision to undertake, fund or approve an action, a lead agency must rescind a negative declaration when substantive: (i) changes are proposed for the project; or (ii)new information is discovered; or (iii) changes in circumstances related to the project arise; that were not previously considered and the lead agency determines that a significant adverse environmental impact may result. (2) Prior to any rescission, the lead agency must inform other involved agencies and the project sponsor and must provide a reasonable opportunity for the project sponsor to respond. 20 State Environmental Quality Review Act (3) If, following reasonable notice to the project sponsor, its determination is the same, the lead agency must prepare, file and publish a positive declaration in accordance with section 617.12 of this Part. (Top of Page) §617.8 SCOPING . (a) The primary goals of scoping are to focus the EIS on potentially significant adverse impacts and to eliminate consideration of those impacts that are irrelevant or nonsignificant. Scoping is not required. Scoping may be initiated by the lead agency or the project sponsor. (b) If scoping is conducted,the project sponsor must submit a draft scope that contains the items identified in paragraphs 617.8(f)(1)through(5) of this section to the lead agency. The lead agency must provide a copy of the draft scope to all involved agencies, and make it available to any individual or interested agency that has expressed an interest in writing to the lead agency. (c) If scoping is not conducted, the project sponsor may prepare a draft EIS for submission to the lead agency. (d) Involved agencies should provide written comments reflecting their concerns,jurisdictions and information needs sufficient to ensure that the EIS will be adequate to support their SEQR findings. Failure of an involved agency to participate in the scoping process will not delay completion of the final written scope. (e) Scoping must include an opportunity for public participation. The lead agency may either provide a period of time for the public to review and provide written comments on a draft scope or provide for public input through the use of meetings, exchanges of written material, or other means. (f) The lead agency must provide a final written scope to the project sponsor, all involved agencies and any individual that has expressed an interest in writing to the lead agency within 60 days of its receipt of a draft scope. The final written scope should include: (1) a brief description of the proposed action; (2)the potentially significant adverse impacts identified both in the positive declaration and as a result of consultation with the other involved agencies and the public, including an identification of those particular aspect(s) of the environmental setting that may be impacted; (3)the extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the required methodology(ies) for obtaining new information; (4) an initial identification of mitigation measures; (5)the reasonable alternatives to be considered; 21 State Environmental Quality Review Act (6) an identification of the information/data that should be included in an appendix rather than the body of the draft EIS; and (7) those prominent issues that were raised during scoping and determined to be not relevant or not environmentally significant or that have been adequately addressed in a prior environmental review. (g) All relevant issues should be raised before the issuance of a final written scope. Any agency or person raising issues after that time must provide to the lead agency and project sponsor a written statement that identifies: (1)the nature of the information; (2)the importance and relevance of the information to a potential significant impact; (3)the reason(s)why the information was not identified during scoping and why it should be included at this stage of the review. (h) The project sponsor may incorporate information submitted consistent with subdivision 617.8(g) of this section into the draft EIS at its discretion. Any substantive information not incorporated into the draft EIS must be considered as public comment on the draft EIS. (i) If the lead agency fails to provide a final written scope within 60 calendar days of its receipt of a draft scope, the project sponsor may prepare and submit a draft EIS consistent with the submitted draft scope.(Top of Page) §617.9 PREPARATION AND CONTENT OF ENVIRONMENTAL IMPACT STATEMENTS. (a) Environmental impact statement procedures. (1)The project sponsor or the lead agency, at the project sponsor's option,will prepare the draft EIS. If the project sponsor does not exercise the option to prepare the draft EIS, the lead agency will prepare it, cause it to be prepared or terminate its review of the action. A fee may be charged by the lead agency for preparation or review of an EIS pursuant to section 617.13 of this Part. When the project sponsor prepares the draft EIS, the document must be submitted to the lead agency. (2) The lead agency will use the final written scope, if any, and the standards contained in this section to determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review. This determination must be made in accordance with the standards in this section within 45 days of receipt of the draft EIS. (i) If the draft EIS is determined to be inadequate, the lead agency must identify in writing the deficiencies and provide this information to the project sponsor. 22 • State Environmental Quality Review Act (ii) The lead agency must determine whether to accept the resubmitted draft EIS within 30 days of its receipt. (3) When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by a project sponsor is adequate for public review,the lead agency must prepare, file and publish a notice of completion of the draft EIS and file copies of the draft EIS in accordance with the requirements set forth in section 617.12 of this Part. The minimum public comment period on the draft EIS is 30 days. The comment period begins with the first filing and circulation of the notice of completion. (4) When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by a project sponsor is adequate for public review, the lead agency will determine whether or not to conduct a public hearing concerning the action. In determining whether or not to hold a SEQR hearing,the lead agency will consider: the degree of interest in the action shown by the public or involved agencies; whether substantive or significant adverse environmental impacts have been identified; the adequacy of the mitigation measures and alternatives proposed; and the extent to which a public hearing can aid the agency decision-making processes by providing a forum for, or an efficient mechanism for the collection of,public comment. If a hearing is to be held: (i)the lead agency must prepare and file a notice of hearing in accordance with subdivisions 617.12(a) and (b) of this Part. Such notice may be contained in the notice of completion of the draft EIS. The notice of hearing must be published, at least 14 calendar days in advance of the public hearing, in a newspaper of general circulation in the area of the potential impacts of the action. For state agency actions that apply statewide this requirement can be satisfied by publishing the hearing notice in the ENB and the State Register; (ii) the hearing will commence no less than 15 calendar days or no more than 60 calendar days after the filing of the notice of completion of the draft EIS by the lead agency pursuant to subdivision 617.12(b) of this Part. When a SEQR hearing is to be held, it should be conducted with other public hearings on the proposed action,whenever practicable; and (iii) comments will be received and considered by the lead agency for no less than 30 calendar days from the first filing and circulation of the notice of completion, or no less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered,whichever is later. (5) Except as provided in subparagraph (i) of this paragraph, the lead agency must prepare or cause to be prepared and must file a final EIS, within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS,whichever occurs later. (i)No final EIS need be prepared if: ('a') the proposed action has been withdrawn or; ('b') on the basis of the draft EIS, and comments made thereon, the lead agency has determined that the action will not have a significant adverse impact on the environment. A 23 State Environmental Quality Review Act (ii) Determine whether the action involves a federal agency. If the action involves a federal agency, the provisions of section 617.15 of this Part apply. (iii)Determine whether the action may involve one or more other agencies. (iv) Make a preliminary classification of an action as Type I or Unlisted, using the information available and comparing it with the thresholds set forth in section 617.4 of this Part. Such preliminary classification will assist in determining whether a full EAF and coordinated review is necessary. (2)For Type I actions, a full EAF (see section 617.20, Appendix A, of this Part) must be used to determine the significance of such actions. The project sponsor must complete Part 1 of the full EAF, including a list of all other involved agencies that the project sponsor has been able to identify, exercising all due diligence. The lead agency is responsible for preparing Part 2 and, as needed, Part 3. (3)For Unlisted actions, the short EAF (see section 617.20, Appendix C, of this Part)must be used to determine the significance of such actions. However, an agency may instead use the full EAF for Unlisted actions if the short EAF would not provide the lead agency with sufficient information on which to base its determination of significance. The lead agency may require other information necessary to determine significance. (4)An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. The draft EIS may be treated as an EAF for the purpose of determining significance. (5)For state agencies only, determine whether the action is located in the coastal area. If the action is either Type I or Unlisted and is in the coastal area, the provisions of 19 NYCRR 600 also apply. This provision applies to all state agencies,whether acting as a lead or involved agency. (6) Determine whether the Type I or Unlisted action is located in an agricultural district and comply with the provisions of subdivision(4) of section 305 of article 25-AA of the Agriculture and Markets Law, if applicable. (b) Establishing lead agency. (1) When a single agency is involved, that agency will be the lead agency when it proposes to undertake, fund or approve a Type I or Unlisted action that does not involve another agency. (i)If the agency is directly undertaking the action, it must determine the significance of the action as early as possible in the design or formulation of the action. (ii) If the agency has received an application for funding or approval of the action, it must determine the significance of the action within 20 calendar days of its receipt of the application, an EAF, or any additional information reasonably necessary to make that determination, whichever is later. 14 State Environmental Quality Review Act (2) When more than one agency is involved: (i)For all Type I actions and for coordinated review of Unlisted actions involving more than one agency, a lead agency must be established prior to a determination of significance. For Unlisted actions where there will be no coordinated review, the procedures in paragraph 617.6(b)(4) of this Part must be followed. (ii) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it must, in accordance with subdivision 617.12(b) of this Part,promptly notify the applicant and all other involved agencies, in writing, that it is the lead agency, that an EIS is required and whether scoping will be conducted. (iii) The lead agency will continue in that role until it files either a negative declaration or a findings statement or a lead agency is re-established in accordance with paragraph 617.6(b)(6) of this Part. (3) Coordinated review. (i) When an agency proposes to directly undertake, fund or approve a Type I action or an Unlisted action undergoing coordinated review with other involved agencies, it must, as soon as possible, transmit Part 1 of the EAF completed by the project sponsor, or a draft EIS and a copy of any application it has received to all involved agencies and notify them that a lead agency must be agreed upon within 30 calendar days of the date the EAF or draft EIS was transmitted to them. For the purposes of this Part, and unless otherwise specified by the department, all coordination and filings with the department as an involved agency must be with the appropriate regional office of the department. (ii) The lead agency must determine the significance of the action within 20 calendar days of its establishment as lead agency, or within 20 calendar days of its receipt of all information it may reasonably need to make the determination of significance,whichever occurs later, and must immediately prepare, file and publish the determination in accordance with section 617.12 of this Part. (iii) If a lead agency exercises due diligence in identifying all other involved agencies and provides written notice of its determination of significance to the identified involved agencies, then no involved agency may later require the preparation of an EAF, a negative declaration or an EIS in connection with the action. The determination of significance issued by the lead agency following coordinated review is binding on all other involved agencies. (4)Uncoordinated review for Unlisted actions involving more than one agency. (i)An agency conducting an uncoordinated review may proceed as if it were the only involved agency pursuant to subdivision (a) of this section unless and until it determines that an action may have a significant adverse impact on the environment. 15 State Environmental Quality Review Act (ii) If an agency determines that the action may have a significant adverse impact on the environment, it must then coordinate with other involved agencies. (iii) At any time prior to its final decision an agency may have its negative declaration superseded by a positive declaration by any other involved agency. (5)Actions for which lead agency cannot be agreed upon. (i) If, within the 30 calendar days allotted for establishment of lead agency, the involved agencies are unable to agree upon which agency will be the lead agency, any involved agency or the project sponsor may request,by certified mail or other form of receipted delivery to the commissioner, that a lead agency be designated. Simultaneously, copies of the request must be sent by certified mail or other form of receipted delivery to all involved agencies and the project sponsor. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated by the commissioner. (ii) The request must identify each involved agency's jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in subparagraph(v)of this subdivision, and state that all comments must be submitted to the commissioner within 10 calendar days after receipt of the request. (iii) Within 10 calendar days of the date a copy of the request is received by them, involved agencies and the project sponsor may submit to the commissioner any comments they may have on the action. Such comments must contain the information indicated in subparagraph (ii) of this subdivision. (iv) The commissioner must designate a lead agency within 20 calendar days of the date the request or any supplemental information the commissioner has required is received,based on a review of the facts, the criteria below, and any comments received. (v) The commissioner will use the following criteria, in order of importance, to designate lead agency: ('a')whether the anticipated impacts of the action being considered are primarily of statewide, regional, or local significance (i.e., if such impacts are of primarily local significance, all other considerations being equal, the local agency involved will be lead agency); ('b')which agency has the broadest governmental powers for investigation of the impact(s)of the proposed action; and('c')which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action. (vi)Notice of the commissioner's designation of lead agency will be mailed to all involved agencies and the project sponsor. (6)Re-establishment of lead agency. 16 State Environmental Quality Review Act environment and that an environmental impact statement will be required. Positive declarations must be prepared, filed and published in accordance with sections 617.7 and 617.12 of this Part. (ad) Project sponsor means any applicant or agency primarily responsible for undertaking an action. (ae) Residential means any facility used for permanent or seasonal habitation, including but not limited to: realty subdivisions, apartments,mobile home parks, and campsites offering any utility hookups for recreational vehicles. It does not include such facilities as hotels, hospitals,nursing homes, dormitories or prisons. (af) Scoping means the process by which the lead agency identifies the potentially significant adverse impacts related to the proposed action that are to be addressed in the draft EIS including the content and level of detail of the analysis, the range of alternatives, the mitigation measures needed and the identification of nonrelevant issues. Scoping provides a project sponsor with guidance on matters which must be considered and provides an opportunity for early participation by involved agencies and the public in the review of the proposal. (ag) Segmentation means the division of the environmental review of an action such that various activities or stages are addressed under this Part as though they were independent, unrelated activities, needing individual determinations of significance. (ah) State agency means any state department, agency,board,public benefit corporation,public authority or commission. (ai) Type I action means an action or class of actions identified in section 617.4 of this Part, or in any involved agency's procedures adopted pursuant to section 617.14 of this Part. (aj) Type II action means an action or class of actions identified in section 617.5 of this Part. When the term is applied in reference to an individual agency's authority to review or approve a particular proposed project or action, it shall also mean an action or class of actions identified as Type II actions in that agency's own procedures to implement SEQR adopted pursuant to section 617.14 of this Part. The fact that an action is identified as a Type II action in any agency's procedures does not mean that it must be treated as a Type II action by any other involved agency not identifying it as a Type II action in its procedures. (ak)Unlisted action means all actions not identified as a Type I or Type II action in this Part, or, in the case of a particular agency action, not identified as a Type I or Type II action in the agency's own SEQR procedures. (Top of Page) §617.3 GENERAL RULES . (a)No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR. A project sponsor may not commence any physical alteration related to an action until the provisions of SEQR have been complied with. The only exception to this is provided under paragraphs 617.5(c)(18), (21) and (28) of this Part. An involved agency may not issue its findings and decision on an action if it knows any other involved agency has determined 6 State Environmental Quality Review Act that the action may have a significant adverse impact on the environment until a final EIS has been filed. The only exception to this is provided under subparagraph 617.9(a)(5)(i) of this Part. (b) SEQR does not change the existing jurisdiction of agencies nor the jurisdiction between or among state and local agencies. SEQR provides all involved agencies with the authority, following the filing of a final EIS and written findings statement, or pursuant to subdivision 617.7(d) of this Part to impose substantive conditions upon an action to ensure that the requirements of this Part have been satisfied. The conditions imposed must be practicable and reasonably related to impacts identified in the EIS or the conditioned negative declaration. (c)An application for agency funding or approval of a Type I or Unlisted action will not be complete until: (1) a negative declaration has been issued; or (2)until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. When the draft EIS is accepted, the SEQR process will run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation, review and public hearings with respect to the draft EIS. (d) The lead agency will make every reasonable effort to involve project sponsors, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of significance and to identify areas of controversy relating to environmental issues, thereby focusing on the impacts and alternatives requiring in-depth analysis in an EIS. (e) Each agency involved in a proposed action has the responsibility to provide the lead agency with information it may have that may assist the lead agency in making its determination of significance, to identify potentially significant adverse impacts in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate, as may be needed, in any public hearing. Interested agencies are strongly encouraged to make known their views on the action,particularly with respect to their areas of expertise and jurisdiction. (1)No SEQR determination of significance, EIS or findings statement is required for actions which are Type H. (g) Actions commonly consist of a set of activities or steps. The entire set of activities or steps must be considered the action,whether the agency decision-making relates to the action as a whole or to only a part of it. (1) Considering only a part or segment of an action is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance, and any subsequent EIS, the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. 7 State Environmental Quality Review Act (2) If it is determined that an EIS is necessary for an action consisting of a set of activities or steps, only one draft and one final EIS need be prepared on the action provided that the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of the significant adverse environmental impacts. Except for a supplement to a generic environmental impact statement (see subdivision 617.10(d) of this Part), a supplement to a draft or final EIS will only be required in the circumstances prescribed in paragraph 617.9(a)(7) of this Part. (h) Agencies must carry out the terms and requirements of this Part with minimum procedural and administrative delay,must avoid unnecessary duplication of reporting and review requirements by providing, where feasible, for combined or consolidated proceedings, and must expedite all SEQR proceedings in the interest of prompt review. (i) Time periods in this Part may be extended by mutual agreement between a project sponsor and the lead agency, with notice to all other involved agencies by the lead agency.(Top of Page) §617.4 TYPE I ACTIONS . (a) The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than Unlisted actions. All agencies are subject to this Type I list. (1) This Type I list is not exhaustive of those actions that an agency determines may have a significant adverse impact on the environment and require the preparation of an EIS. However, the fact that an action or project has been listed as a Type I action carries with it the presumption that it is likely to have a significant adverse impact on the environment and may require an EIS. For all individual actions which are Type I or Unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in subdivision 617.7©of this Part. (2)Agencies may adopt their own lists of additional Type I actions, may adjust the thresholds to make them more inclusive, and may continue to use previously adopted lists of Type I actions to complement those contained in this section. Designation of a Type I action by one involved agency requires coordinated review by all involved agencies. An agency may not designate as Type I any action identified as Type II in section 617.5 of this Part. (b) The following actions are Type I if they are to be directly undertaken, funded or approved by an agency: (1)the adoption of a municipality's land use plan, the adoption by any agency of a comprehensive resource management plan or the initial adoption of a municipality's comprehensive zoning regulations; (2)the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district; 8 State Environmental Quality Review Act (3) 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 elsewhere in this list; (4)the acquisition, sale, lease, annexation or other transfer of 100 or more contiguous acres of land by a state or local agency; (5) construction of new residential units that meet or exceed the following thresholds: (i) 10 units in municipalities that have not adopted zoning or subdivision regulations; (ii) 50 units not to be connected(at the commencement of habitation)to existing community or public water and sewerage systems including sewage treatment works; (iii) in a city, town or village having a population of less than 150,000, 250 units to be connected(at the commencement of habitation)to existing community or public water and sewerage systems including sewage treatment works; (iv) in a city, town or village having a population of greater than 150,000 but less than 1,000,000, 1,000 units to be connected(at the commencement of habitation)to existing community or public water and sewerage systems including sewage treatment works; or (v)in a city or town having a population of greater than 1,000,000, 2,500 units to be connected(at the commencement of habitation)to existing community or public water and sewerage systems including sewage treatment works; (6) activities, other than the construction of residential facilities, that meet or exceed any of the following thresholds; or the expansion of existing nonresidential facilities by more than 50 percent of any of the following thresholds: (i) a project or action that involves the physical alteration of 10 acres; (ii) a project or action that would use ground or surface water in excess of 2,000,000 gallons per day; (iii)parking for 1,000vehicles; (iv) in a city, town or village having a population of 150,000 persons or less, a facility with more than 100,000 square feet of gross floor area; (v) in a city, town or village having a population of more than 150,000 persons, a facility with more than 240,000 square feet of gross floor area; (7) any structure exceeding 100 feet above original ground level in a locality without any zoning regulation pertaining to height; 9 State Environmental Quality Review Act (8) any Unlisted action that includes a nonagricultural use occurring wholly or partially within an agricultural district (certified pursuant to Agriculture and Markets Law, article 25-AA, sections 303 and 304) and exceeds 25 percent of any threshold established in this section; (9) any Unlisted action(unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation(CFR) Parts 60 and 63, 1994(see section 617.17 of this Part)); (10) any Unlisted action, that exceeds 25 percent 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, including any site on the Register of National Natural Landmarks pursuant to 36 CFR Part 62, 1994 (see section 617.17 of this Part); or (11) any Unlisted action that exceeds a Type I threshold established by an involved agency pursuant to section 617.14 of this Part.(Top of Page) 617.5 TYPE II ACTIONS . (a) Actions or classes of actions identified in subdivision(c)of this section are not subject to review under this Part. These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law, article 8. The actions identified in subdivision(c) of this section apply to all agencies. (b) Each agency may adopt its own list of Type II actions to supplement the actions in subdivision (c) of this section. No agency is bound by an action on another agency's Type II list. An agency that identifies an action as not requiring any determination or procedure under this Part is not an involved agency. Each of the actions on an agency Type II list must: (1) in no case, have a significant adverse impact on the environment based on the criteria contained in subdivision 617.7(c) of this Part; and (2) not be a Type I action as defined in section 617.4 of this Part. (c) The following actions are not subject to review under this Part: (1)maintenance or repair involving no substantial changes in an existing structure or facility; (2)replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; 10 State Environmental Quality Review Act (3) 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; (4)repaving of existing highways not involving the addition of new travel lanes; (5) street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; (6)maintenance of existing landscaping or natural growth; (7) construction or expansion of a primary or accessory/appurtenant,non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls,but not radio communication or microwave transmission facilities; (8)routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings,but not changes in use related to such closings; (9) construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections as provided in paragraph(11) and the installation, maintenance and/or upgrade of a drinking water well and a septic system; (10)construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports,patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density; (11) extension of utility distribution facilities, including gas, electric,telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list; (12)granting of individual setback and lot line variances; (13)granting of an area variance(s) for a single-family, two-family or three-family residence; (14)public or private best forest management(silvicultural)practices on less than 10 acres of land,but not including waste disposal, land clearing not directly related to forest management, clear-cutting or the application of herbicides or pesticides; (15) minor temporary uses of land having negligible or no permanent impact on the environment; (16) installation of traffic control devices on existing streets, roads and highways; 11 • State Environmental Quality Review Act (17)mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; (18) information collection including basic data collection and research,water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or Unlisted action; (19) official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s); (20)routine or continuing agency administration and management,not including new programs or major reordering of priorities that may affect the environment; (21) conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action,provided those activities do not commit the agency to commence, engage in or approve such action; (22) collective bargaining activities; (23) investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; (24) inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; (25)purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material,pesticides, herbicides, or other hazardous materials; (26) license, lease and permit renewals, or transfers of ownership thereof, where there will be no material change in permit conditions or the scope of permitted activities; (27) adoption of regulations,policies,procedures and local legislative decisions in connection with any action on this list; (28) engaging in review of any part of an application to determine compliance with technical requirements,provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this Part have been fulfilled; (29) civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; (30) adoption of a moratorium on land development or construction; 12 State Environmental Quality Review Act (31) interpreting an existing code, rule or regulation; (32) designation of local landmarks or their inclusion within historic districts; (33) emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health,property or natural resources,provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this Part; (34) actions undertaken, funded or approved prior to the effective dates set forth in SEQR(see chapters 228 of the Laws of 1976, 253 of the Laws of 1977 and 460 of the Laws of 1978), except in the case of an action where it is still practicable either to modify the action in such a way as to mitigate potentially adverse environmental impacts, or to choose a feasible or less environmentally damaging alternative, the commissioner may, at the request of any person, or on his own motion, require the preparation of an environmental impact statement; or, in the case of an action where the responsible agency proposed a modification of the action and the modification may result in a significant adverse impact on the environment, an environmental impact statement must be prepared with respect to such modification; (35) actions requiring a certificate of environmental compatibility and public need under articles VII, VIII or X of the Public Service Law and the consideration of, granting or denial of any such certificate; (36) actions subject to the class A or class B regional project jurisdiction of the Adirondack Park Agency or a local government pursuant to section 807, 808 and 809 of the Executive Law, except class B regional projects subject to review by local government pursuant to section 807 of the Executive Law located within the Lake George Park as defined by subdivision one of section 43- 0103 of the Environmental Conservation Law; and (37) actions of the Legislature and the Governor of the State of New York or of any court,but not actions of local legislative bodies except those local legislative decisions such as rezoning where the local legislative body determines the action will not be entertained.(Top of Page) §617.6 INITIAL REVIEW OF ACTIONS AND ESTABLISHING LEAD AGENCY. (a) Initial review of actions. (1) As early as possible in an agency's formulation of an action it proposes to undertake, or as soon as an agency receives an application for funding or for approval of an action, it must do the following: (i)Determine whether the action is subject to SEQR. If the action is a Type II action, the agency has no further responsibilities under this Part. 13 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (b) A positive declaration must identify the potential significant adverse environmental impacts that require the preparation of an EIS and state whether scoping will be conducted. (c) A notice of completion must identify the type of EIS (draft, final, supplemental, generic) and state where copies of the document can be obtained. For a draft EIS the notice must include the period (not less than 30 calendar days following a public hearing on the draft EIS) during which comments will be accepted by the lead agency. (d) A notice of hearing must include the time, date,place and purpose of the hearing and contain a summary of the information contained in the notice of completion. The notice of hearing may be combined with the notice of completion of the draft EIS. (e) Findings must contain the information required by §§ 176-11D and E of this chapter B. Filing and Distribution of documents 1. A Type I negative declaration, conditioned negative declaration,positive declaration, notice of completion of an EIS, EIS, notice of hearing and findings must be filed with: (a) The chief executive officer of the political subdivision in which the action is principally located (b) The lead agency (c) All involved agencies (d) Any person who has requested a copy; and (e) If the action involves an applicant,with the applicant. 2. A negative declaration prepared on an Unlisted action must be files with the lead agency. 3. All CEQR documents and notices, including but not limited to, EAFs,negative declarations, positive declarations, scopes, notices of completion of an EIS, EISs, notices of hearing and findings must be maintained in files that are readily accessible to the public and made available on request. 4. The lead agency may charge a fee to persons requesting documents to recover its copying costs. 5. If sufficient copies of the EIS are not available to meet public interest, the lead agency must provide an additional copy of the documents to the local public library. 6. A copy of the EIS must be sent to the Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750. C. Publication of notices. 34 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANN1NG\STAFF\Kate\CEQR\CEQR 5 12 03.doc 1. Notice of a Type I negative declaration, conditioned negative declaration,positive declaration and completion of an EIS must be published in the Environmental Notice Bulletin(ENB) in a manner prescribed by the department. Notice must be provided by the lead agency directly to Environmental.Notice Bulletin, Room 538, 625 Broadway, Albany, NY 12233-1750 for publication in the ENB. The ENB is accessible on the department's internet web site at http://www.dec.state.ny.us 2. A notice of hearing must be published, at least 14 days in advance of the hearing date, in a newspaper of general circulation in the area of the potential impacts of the action. For state agency actions that apply statewide this requirement can be satisfied by publishing the hearing notice in the ENB and the State Register. 3. Agencies may provide for additional public notice by posting on sign boards or by other appropriate means. 4. Notice of a negative declaration must be incorporated once into any other subsequent notice required by law. This requirement can be satisfied by indicating the CEQR classification of the action and the agency's determination of significance. (a) Unlisted actions. Agencies must maintain a file readily accessible to the public (b) Type I actions. Agencies must maintain a file,readily accessible to the public, of - - . I• •• f 1] With the Commissioner at 50 Wolf Road, Albany,New York 12233 0001, for publication in the ENB. [2] With the appropriate regional office of the DEC. [3] With the Mayor of the City of Ithaca. [1] If the action involves an applicant, with the applicant. [5] If other agencies are involved in approval of the action, with each other agency. (c) For both Type I and unlisted actions, notice of the filing of a negative declaration requirement could be satisfied by indicating the CEQR classification of the action and the 35 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (2) Positive declarations. Positive declarations for all Type I and unlisted actions be published in the ENB in a manner prescribed by the DEC. (3) Notices of completion of draft EIS's. Whenever a lead agency has determined that a draft EIS is adequate for public review, it shall prepare and file a notice of completion. (a) The notice must also contain the following: draft EIS's in the ENB. (a) One copy with the Commissioner at 50 Wolf Road, Albany,New York 12233 000 (b) One copy with the appropriate regional office of the DEC. (c) One copy with the Mayor of the City of Ithaca. such agency. (e) One copy with persons requesting it. The lead agency may charge a fee to persons to the local public library.EN 36 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (5) Notices of hearing. A notice of hearing, if the lead agency determines that one is may be given in the notice of completion of the draft EIS and shall be published at least (6) Notices of completion of final EIS's. When a lead agency has determined that a - . - - completion of all final EIS's in the ENB. (7) Final EIS's. The final EIS, together with the notice of its completion, shall be filed in the same manner as a draft EIS. B. Each agency subject to this section shall retain copies of required notices, C. City environmental quality review findings statements made pursuant to § 176 9 arm-adapted D. Public record of agency decision. For public information purposes,the City Clerk • _ _ and notices of hearings. § 176-4-713. Fees and costs. A. When an action subject to this chapter involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the draft EIS_, . - . . - . . - - --. - - ., - . . . . . - -- . .. • - - . .., . •- .,•. - . . . .. The fee may include a chargeback to recover a proportion of the lead agency's actual costs expended for the preparation of a generic EIS prepared pursuant to section 176-10 of this chapter for the geographic are where the applicant's project is located. The chargeback may be based on the percentage of the remaining developable land or the percentage of road frontage to be used by the project, or any other reasonable methods. The fee must not exceed the amounts allowed under subdivision B through D of this section. If the lead agency charges for preparation of a draft and/or final EIS, it may not also charge for review; if it charges for review of a draft and/or final EIS, it may not also charge for preparation. Scoping shall be considered part of the draft EIS for purposes of 37 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc determining a CEQR feet; no fee may be charged for preparation of an EAF or determination of significance. B. For residential projects, the total project cost value shall be calculated on the actual purchase price of the land or the fair market value of the land(determined by assessed valuation divided by equalization rate)whichever is higher,plus the cost of all required site improvements, not including the cost of buildings and structures as determined with reference to a current cost data publication in common use. In the case of such projects, the fee charged by an agency may not exceed 2% of the total project eestvalue. C. For nonresidential construction projects,the total project cost value shall be calculated on the actual purchase price of the land or the fair market value of the land (determined by assessed valuation divided by equalization rate) whichever is higher, cost plus the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage. In the case of such projects, the fee charged may not exceed one-half of one percent (1/2 of 1%) of the total project eestvalue. D. For projects involving the extraction of minerals, the total project cost value shall be calculated on the cost of site preparation for mining. "Site preparation cost" shall mean the cost of clearing and grubbing and removal of overburden for the entire area to be mined plus the cost of utility services and construction of access roads. Such costs are determined with reference to a current cost data publication in common use. The fee charged by the agency may not exceed one-half of one percent(1/2 of 1%) of the total project costavalue. For those costs to be incurred for phases occurring three or more years after issuance of a permit,the ettotal project value cost shall be determined using a present value calculation. E. Where an applicant chooses not to prepare a draft EIS, the lead agency shall provide the applicant, upon request,with an estimate of the costs for preparing such statement, calculated on the total cost value of the project for which funding or approval is sought. F. Appeals Procedure. When a dispute arises concerning fees charged to an applicant by a lead agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the agency or his/her designee shall examine the agency record and prepare a written response to the applicant, setting forth reasons why the applicant's claims are valid or invalid. Such appeal procedure shall not interfere with or cause delay in the EIS process or prohibit an action from being undertaken. 076.14 Individual Agency Procedures to implement CEQR. A. Agencies may find it helpful to seek the advice and assistance of other agencies, groups and persons on CEQR matters, including the following: 1. Advice on preparation and review of EAF's; 2. Recommendations on the significance or non-significance of actions; 38 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 3. Preparation and review of EISs and recommendations on the scope, adequacy, and contents of EISs; 4. Preparation and filing of SEQR notices and documents; 5. Conduct of public hearings; and 6. Recommendations to decision makers. B. Agencies are strongly encouraged to enter into cooperative agreements with other agencies regularly involved in carrying out or approving the same actions for the purposes of coordinating their procedures. C. All agencies are subject to the lists of Type I and Type II actions contained in this chapter, and must apply the criteria provided in section 176-7C of this Part. In addition, agencies may adopt their own lists of Type I actions, in accordance with section 176-4 of this Part and their own lists of Type II actions in accordance with section 176-5 of this Part. D. Every agency that adopts, has adopted or amends CEQR procedures must, after public hearing, file them with the commissioner,who will maintain them to serve as a resource for agencies and interested persons. The commissioner will provide notice in. the ENB of such procedures upon filing. All agencies that have promulgated their own CEQR procedures must review and bring them into conformance with this chapter. Until agencies do so, their procedures,where inconsistent or less protective, are superseded by this chapter. E. The Common Council may designate a specific geographic area within its boundaries as a critical environmental area(CEA). A state agency may also designate as a CEA a specific geographic area that is owned or managed by the state or is under its regulatory authority. Designation of a CEA must be preceded by written public notice and a public hearing. The public notice must identify the boundaries and the specific environmental characteristics of the area warranting CEA designation. 1. To be designated as a CEA, an area must have an exceptional or unique character covering one or more of the following: (a) A benefit or threat to human health; (b) A natural setting(e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); (c) Agricultural, social, cultural, historic, archaeological,recreational, or educational values; or (d) An inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. 2. Notification that an area has been designated as a CEA must include a map at an appropriate scale to readily locate the boundaries of the CEA, the written justification supporting the designation, and proof of public hearing and, must be filed with: (a) The commissioner; 39 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (b) The appropriate regional office of the department; (c) Tny other agency regularly involved in undertaking, funding or approving actions in the municipality in which the area has been designated. 3. This designation shall take effect 30 days after filing with the commissioner. Each designation of a CEA must be published in the ENB by the department and the department will serve as a clearinghouse for information on CEAs. 4. Following designation, the potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of environmental concern and must be evaluated in the determination of significance prepared pursuant to Section 176-7 of this Part. (Top of Page) § 176-4-615. Actions involving a federal agency. A. When a draft and final EIS for an action have been duly prepared under the National Environmental Police Act of 1969, an agency shall have has no obligation to prepare an additional EIS under this chapter,provided that the federal EIS is sufficient to make findings under § 176-9-11 of this chapter. However, except in the case of Type II actions listed in section 176-5 of this chapter,no agency may undertake or approve the action until the federal final EIS has been completed and the agency has made the findings prescribed in § 176-9-11 of this chapter. B. Where a finding of no significant impact(FNSI) or other written threshold determination that the action will not require a federal impact statement has been prepared under the National Environmental Policy Act of 1969, the determination shall not automatically constitute compliance with CEQR. In such cases, agencies remain responsible for compliance with CEQR. C. In the case of an action involving a federal agency for which either a federal FNSI or a federal draft and final EIS have been prepared, except where otherwise required by law, a final decision by a federal agency shall not be controlling on any state or local agency decision on the action but may be considered by the agency. § 1764-816. Confidentiality. A. Where an-applie-antaproject sponsor submits a completed EAF or draft or final EIS or otherwise provides information concerning the environmental impacts of a proposed project, the project sponsor may request,consistent with the Freedom of Information Law (FOIL), Article 6 of the Public Officer Law, that specifically identified information be held confidential . . . •- . _ . . . •_., . . . . - - . � Article 6 of the Public Officer Law. Prior to divulging any such information, the agency must : . • • -- . .• - •• - • . - ! !_.notify the project sponsor of its determination of whether or not it will hold the information confidential. §176.17 REFERENCED MATERIAL. The following referenced documents have been filed with the New York State Department of State. The documents are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 and for inspection 40 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and } Thys.doc a: .' '. !, - . - . . - - e • - e e . -- and copying at the Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750. 1. National Register of Historic Places, (1994), 36 Code of Federal Regulation (CFR)Parts 60 and 63. 2 . Register Of National Natural Landmarks,(1994), 36 Code of Federal Regulation (CFR)Part 62. 4176.18 Severability If any provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Part or the application to other persons and circumstances. § 176-19. Appendixes. Appendixes A, B, C, D, E, F, G, H and I are model forms which may be used to satisfy this chapter or may be modified in accordance with § 176-2 of this chapter.EN 41 State Environmental Quality Review Act 6 NYCRR PART 617 STATE ENVIRONMENTAL QUALITY REVIEW Statutory authority: Environmental Conservation Law Sections 3-0301(1)(b), 3-0301(2)(m) and 8-0113 (Applicable to all state and local agencies within New York State including all political subdivisions, districts, departments, authorities,boards, commissions and public benefit corporations) Sec. 617.1 Authority, intent and purpose 617.2 Definitions 617.3 General rules 617.4 Type I actions 617.5 Type II actions 617.6 Initial review of actions and establishing lead agency 617.7 Determining significance 617.8 Scoping 617.9 Preparation and content of environmental impact statements 617.10 Generic environmental impact statements 617.11 Decision-making and findings requirements 617.12Document preparation, filing,publication and distribution 617.13 Fees and costs 617.14 Individual agency procedures to implement SEQR 617.15 Actions involving a federal agency 617.16 Confidentiality 617.17 Referenced material 617.18 Severability 617.19 Effective date 617.20 Appendices A-Full Environmental Assessment Form(EAF) B -Visual Addendum for the EAF C - Short Environmental Assessment Form ADOPTED: September 20, 1995 EFFECTIVE: January 1.1996 LAST AMENDED June 26, 2000 EFFECTIVE: July 12, 2000 Includes July 2001 DEC Central Office address changes 1 State Environmental Quality Review Act § 617.1 AUTHORITY, INTENT AND PURPOSE. (a) This Part is adopted pursuant to sections 3-0301(1)(b), 3-0301(2)(m) and 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act(SEQR). (b)In adopting SEQR, it was the Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air,water, land, and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. (c) The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning,review and decision-making processes of state,regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact,prepare or request an environmental impact statement. (d) It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this Part that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision-making processes of state, regional and local agencies. It is not the intention of SEQR that environmental factors be the sole consideration in decision-making. (e) This Part is intended to provide a statewide regulatory framework for the implementation of SEQR by all state and local agencies. It includes: (1)procedural requirements for compliance with the law; (2)provisions for coordinating multiple agency environmental reviews through a single lead agency(section 617.6 of this Part); (3) criteria to determine whether a proposed action may have a significant adverse impact on the environment(section 617.7 of this Part); (4)model environmental assessment forms to aid in determining whether an action may have a significant adverse impact on the environment(Appendices A,B and C of section 617.20 of this Part); and (5) examples of actions and classes of actions which are likely to require an EIS (section 617.4 of this Part), and those which will not require an EIS (section 617.5 of this Part).(Top of Page) §617.2 DEFINITIONS . 2 State Environmental Quality Review Act As used in this Part, unless the context otherwise requires: (a)Act means article 8 of the Environmental Conservation Law(SEQR). (b)Actions include: (1)projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure,that: (i) are directly undertaken by an agency; or (ii) involve funding by an agency; or (iii)require one or more new or modified approvals from an agency or agencies; (2) agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions; (3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and (4) any combinations of the above. (c)Agency means a state or local agency. (d) Applicant means any person making an application or other request to a agency to provide funding or to grant an approval in connection with a proposed action. (e) Approval means a discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. (f) Coastal area means the state's coastal waters and the adjacent shorelands, as defined in article 42 of the Executive Law, the specific boundaries of which are shown on the coastal area map on file in the Office of the Secretary of State, as required by section 914(2) of the Executive Law. (g) Commissioner means the Commissioner of the New York State Department of Environmental Conservation. (h) Conditioned negative declaration(CND)means a negative declaration issued by a lead agency for an Unlisted action, involving an applicant, in which the action as initially proposed may result in one or more significant adverse environmental impacts; however,mitigation measures identified and required by the lead agency,pursuant to the procedures in subdivision 617.7(d) of this Part, will modify the proposed action so that no significant adverse environmental impacts will result. (i) Critical environmental area(CEA)means a specific geographic area designated by a state or local agency, having exceptional or unique environmental characteristics. 3 State Environmental Quality Review Act (j)Department means the New York State Department of Environmental Conservation. (k)Direct action or directly undertaken action means an action planned and proposed for implementation by an agency. "Direct actions" include but are not limited to capital projects, promulgation of agency rules, regulations, laws, codes, ordinances or executive orders and policy making that commit an agency to a course of action that may affect the environment. (1)Environment means the physical conditions that will be affected by a proposed action, including land, air, water,minerals, flora, fauna,noise, resources of agricultural, archaeological, historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character, and human health. (m) Environmental assessment form(EAF)means a form used by an agency to assist it in determining the environmental significance or nonsignificance of actions. A properly completed EAF must contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. The model full and short EAFs contained in Appendices A and C of section 617.20 of this Part may be modified by an agency to better serve it in implementing SEQR,provided the scope of the modified form is as comprehensive as the model. (n) Environmental impact statement(EIS)means a written "draft" or"final" document prepared in accordance with sections 617.9 and 617.10 of this Part. An EIS provides a means for agencies, project sponsors and the public to systematically consider significant adverse environmental impacts, alternatives and mitigation. An EIS facilitates the weighing of social, economic and environmental factors early in the planning and decision-making process. A draft EIS is the initial statement prepared by either the project sponsor or the lead agency and circulated for review and comment. An EIS may also be a "generic" in accordance with section 617.10, of this Part, a "supplemental" in accordance with paragraph 617.9(a)(7) of this Part or a"federal" document in accordance with section 617.15 of this Part. (o) Environmental Notice Bulletin(ENB)means the weekly publication of the department published pursuant to section 3-0306 of the Environmental Conservation Law, and accessible on the department's internet web site at http://www.dec.state.ny.us (p)Findings statement means a written statement prepared by each involved agency, in accordance with section 617.11 of this Part, after a final EIS has been filed,that considers the relevant environmental impacts presented in an EIS, weighs and balances them with social, economic and other essential considerations,provides a rationale for the agency's decision and certifies that the SEQR requirements have been met. (q) Funding means any financial support given by an agency, including contracts, grants, subsidies, loans or other forms of direct or indirect financial assistance, in connection with a proposed action. (r) Impact means to change or have an effect on any aspect(s) of the environment. 4 State Environmental Quality Review Act (s)Involved agency means an agency that has jurisdiction by law to fund, approve or directly undertake an action. If an agency will ultimately make a discretionary decision to fund, approve or undertake an action, then it is an "involved agency", notwithstanding that it has not received an application for funding or approval at the time the SEQR process is commenced. The lead agency is also an "involved agency". (t) Interested agency means an agency that lacks the jurisdiction to fund, approve or directly undertake an action but wishes to participate in the review process because of its specific expertise or concern about the proposed action. An "interested agency" has the same ability to participate in the review process as a member of the public. (u) Lead agency means an involved agency principally responsible for undertaking, funding or approving an action, and therefore responsible for determining whether an environmental impact statement is required in connection with the action, and for the preparation and filing of the statement if one is required. (v) Local agency means any local agency,board, authority, district, commission or governing body, including any city, county and other political subdivision of the state. (w)Ministerial act means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the act, such as the granting of a hunting or fishing license. (x)Mitigation means a way to avoid or minimize adverse environmental impacts. (y)Negative declaration means a written determination by a lead agency that the implementation of the action as proposed will not result in any significant adverse environmental impacts. A negative declaration may also be a conditioned negative declaration as defined in subdivision 617.2(h). Negative declarations must be prepared, filed and published in accordance with sections 617.7 and 617.12 of this Part. (z)Person means any agency, individual, corporation, governmental entity,partnership, association, trustee or other legal entity. (aa)Permit means a permit, lease, license, certificate or other entitlement for use or permission to act that may be granted or issued by an agency. (ab) Physical alteration includes,but is not limited to, the following activities: vegetation removal, demolition, stockpiling materials, grading and other forms of earthwork, dumping, filling or depositing, discharges to air or water, excavation or trenching, application of pesticides, herbicides, or other chemicals, application of sewage sludge, dredging, flooding, draining or dewatering, paving, construction of buildings, structures or facilities, and extraction, injection or recharge of resources below ground. (ac)Positive declaration means a written statement prepared by the lead agency indicating that implementation of the action as proposed may have a significant adverse impact on the 5 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc te) Its geographic scope; (f) Its magnitude; and (g) The number ofpeople affected D. Conditioned negative declarations. 1. For unwed Unlisted actions involving an applicant, a lead agency has the option to issue may prepare a conditioned negative declaration of significance (CND), provided that it: (a) —. - . .-- • - - - -- -: as completed a full EAF;. (b) A -- - : - . - - - - - -:Has completed a coordinated review in accordance with § 176-6C of this chapter. (c) - - - e ' . . •- . . -- - •. : . -• ..- • : - Has imposed CEQR conditions pursuant to-§ 176-3B of this chapter that have eliminated or adequately mitigated all significant environmental impacts and are supported by the full EAF and any other documentation. (d) Has published ae-notice of a CND has-been-published-in the ENB and a minimum thirty-day public comment period after sue public.*:.,, has been provided. The notice must state what conditions have been imposed. An agency may also use its own public notice and review procedures, provided that the notice states that a CND has been issued, states what conditions have been imposed and allows for a minimum thirty-day public comment period. (e) . "I . _.., . . . -. • . . . .. . . - .,• . 176 10A(1)(b)of this chapter.Has complied with § 176-7B and § 176-12A and B of this chapter 2. A .. . - _ • . ._ . _. ., _. . _• -_ • - _ _ . . .. le . . : . . . . . .. • ., . - -- -_:A lead agency must rescind the CND and issue a positive declaration requiring the preparation of a draft EIS if it receives substantive comments that identify (a) mpaetG;-erPotentially significant adverse environmental impacts that were not previously identified and assessed or were inadequately assessed in the review; or (b) - - - . . . . . - . . .. •- _ • neasufes:Substantial deficiency in the proposed mitigation measures 3. The lead agency must require an EIS in lieu of issuing a CND if requested by the applicant. E. 3—Amendment of a negative declaration. 1. At any time prior to its decision to undertake, fund, or approve an action, a lead agency, at its discretion, may amend a negative declaration when substantive: (a) Changes are proposed for the project; or 22 Q\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and ' Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (b) New information is discovered; or (c) Changes in circumstances related to the project arise that were not previously considered and the lead agency determines that no significant adverse environmental impacts will occur 2. The lead agency must prepare, file and publish the amended negative declaration in accordance with ,S 176-12 of this chapter. The amended negative declaration must contain reference to the original negative declaration and discuss the reasons supporting the amended determination. F. Rescission of negative declarations. 1. (1) At any time prior to its decision to undertake, fund or approve an action, a lead agency must rescind a negative declaration • • . -•••• . . • -. - ., -- • . . . • : :. :.when substantive changes are proposed for the project; or new information is discovered; or changes in circumstances related to the project arise that were not previously considered and the lead agency determines that a significant adverse environmental impact may result. 2. Prior to any rescission, the lead agency must inform other involved agencies and the applicant and must provide a reasonable opportunity for the applicant to respond. 3. If, following a reasonable notice to the project sponsor, its determination is the same, the lead agency must prepare, file, and publish a positive declaration in accordance with S 176-12 of this chapter. (3) The City Clerk shall establish and maintain a list of qualified consultants, which § 176-78. Scoping A. A formal scoping is optional. It may occur either at the initiation of the lead agency or at the request of the applicant,prior to the acceptance of a draft EIS. If the action . . . initiate the process by providing the lead agency with a draft scope of issues. Scoping may be accomplished through meeting(s), exchanges of written material or other methods_ . • . . . , - - . . . • ., ., : •. : - • •- - • of a positive declaration, the applicant may submit a draft EIS. 23 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc B. If scoping is conducted, the project sponsor must submit a draft scope that contains the items identified in section 176-8F(1) through(5) of this section to the lead agency. The lead agency must provide a copy of the draft scope to all involved agencies, and make it available to any individual or interested agency that has expressed an interest in writing to the lead agency. C. If scoping is not conducted, the project sponsor may prepare a draft EIS for submission to the lead agency. D. Involved agencies should provide •- . . -- -. . -: . - ---- ritten comments reflecting their agency's concerns,permit jurisdictions and information needs sufficient to censure that the EIS will be adequate to support their respective CEQR findings. Failure of an involved agency to participate in the scoping process will not delay completion of the written scope_ : • . - . • - .• - •- - - - -. . E. C. When scoping occurs, the lead agency shall try to identify each relevant issue analysis.Scoping must include an opportunity for public participation. The lead agency may either provide a period of time for the public to review and provide written comments on a draft scope or provide for public input through the use of meetings, exchanges of written material, or other means. F. . . . -: . . • • _ - .. . . . . • •• . -- proposed-aetion.The lead agency must provide a final written scope to the project sponsor, all involved agencies and any individual that has expressed an interest in writing to the lead agency within 60 days of its receipt of a draft scope. The final written scope should include: 24 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 1. A brief description of the proposed action; 2. The potentially significant adverse impacts identifies both in the positive declaration and as a result of consultation with the other involved agencies and the public, including an identification of those particular aspect(s) of the environmental setting that may be impacted; 3. The extent and quality of information needed for the preparer to adequately address each impact, including an identification of relevant existing information, and required new information, including the methodology(ies) for obtaining new information; 4. An initial identification of mitigation measures; 5. The reasonable alternatives to be considered; 6. An identification of the information/data that should be included in an appendix rather than the body of the draft EIS; and 7. Those prominent issues that were raised during scoping and determined not to be relevant or not environmentally significant or that have been adequately addressed in a prior environmental review. G. All relevant issues should be raised before the issuance of a final written scope. Any agency or person raising issues after that time must provide to the lead agency and project sponsor a written statement that identifies: 1. The nature of the information 2. The importance and relevance of the information to a potential significant impact 3. The reason(s)why the information was not identified during scoping and why it should be included at this stage of review. H. The project sponsor may incorporate information submitted consistent with § 176-8G of this section into the draft EIS at its discretion. Any substantive information not incorporated into the draft EIS must be considered as public comment on the draft EIS. I. If the lead agency fails to provide a final written scope within 60 calendar days of its receipt of a draft scope, the project sponsor may prepare and submit a draft EIS consistent with the submitted draft scope. § 176-89. Preparation and Content of Environmental Iimpact Sstatements procedures. A. A,Environmental impact statement procedures 1. The applicant or the lead agency, at the applicant's option, shall prepare the draft EIS. If the applicant does not exercise the option to prepare the draft EIS, the lead agency shall prepare it, cause it to be prepared or terminate its review of the action. A fee may be charged by the lead agency for preparation or review of an EIS pursuant to § 176- 13 of this chapter. When the project sponsor prepares the draft EIS, the document must be submitted to the lead agency. B. When the applicant prepares the draft EIS: 25 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (1) It shall be submitted to the lead agency, which, using the written scope of issues, 2. (2) Upon written notice to the applicant, a lead agency may have one . . . . -•-- •.. . . _ -- _ -- . . . . . - - . - ..The lead agency will use the final written scope, if any, and the standards contained in this section to determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review. This determination must be made in accordance with the standards in this section within 45 days of receipt of the draft EIS. (a) If the draft EIS is determined to be inadequate, the lead agency must identify, in writing, the deficiencies and provide this information to the applicant. (b) The lead agency must determine whether to accept the resubmitted draft EIS within 30 days of its receipt. 3. When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by an appl t a project sponsor is adequate for public review, the lead agency shall prepare,file and publish a notice of completion of the draft EIS and file copies a copy of the draft EIS in accordance with the requirements set forth in § 176 10C 12and D of this chapter. Agencies shall provide aThe minimum public comment period on the draft EIS, : .- . - . • . .. is 30 days. The comment period begins with the first filing and circulation of the notice of completion. 4. When the lead agency has completed a draft EIS or when it has determined that a draft EIS prepared by project sponsor is adequate for public review, the lead agency shall determine whether or not to conduct a public hearing concerning the action. In determining whether or not to hold a CEQR hearing, the lead agency shall consider the degree of interest in the action shown by the public or involved agencies; whether substantive or significant adverse environmental issues impacts have been r-aisedidentified; the adequacy of the mitigation measures proposed and the consideration of alternatives; and the extent to which a public hearing can aid the agency decision making processes by providing a forum for or an efficient mechanism for the collection of public comment. If a hearing is to be held: (a) The lead agency shall file a notice in accordance with § 176-10A(5)1.2A and B of this chapter. Such notice may be contained in the notice of completion of the draft EIS. The notice of hearing must be published at least 14 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the action. (b) The hearing shall commence no less than 15 calendar days or nor more than 60 calendar days after the filing of the notice of completion of the draft EIS by the lead agency pursuant to § 176-10A(3)I2B of this chapter. When a 26 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc CEQR hearing is to be held, it should be conducted with other public hearings on the proposed action whenever practicable. (c) Comments will be received and considered by the lead agency for no less than 30 calendar days from the first filing and circulation of the notice of completion or no less than 10 calendar days following the close of a public hearing at which the environmental impacts of the proposed action are considered, whichever is later. 5. Except as provided in Subsection a E(1) and(2)of this section,the lead agency shall prepare or cause to be prepared and shall file a final EIS within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS,whichever last occurs later. (a) (1) No final EIS need be prepared if_ (1) The proposed action has been withdrawn or, (2) On the basis of the draft EIS and comments made thereon, the lead agency has determined that the action will not have a significant effect adverse impact on the environment. A negative declaration must then be prepared and filed in accordance with this chapter. (b) The last date for preparation and filing of the final EIS may be extended: (1) Where it is determined that additional time is necessary to prepare the statement adequately; or (2) Where problems with the proposed action requiring material reconsideration or modification have been identified. 6. When the lead agency has completed a final EIS, it must prepare, file and publish a Notice of completion of the final EIS and copies of the final EIS shat be filed in accordance with § 176 10A(6) and(7)12 of this chapter. 7. Supplemental EIS's. (a) ' - - - •-: . . - . = • -- , The lead agency may require a supplemental EIS, limited to specific ices-significant adverse environmental impacts not addressed or inadequately addressed in the EIS, •• - - . •• . - - that arise from: (1) Changes are proposed for the project -•- - . - - •- . -. adverse environmental effect; (2) Newly discovered '- - . • - . .. . • . : - - - - - - . - . . . : : - :; or (3) A change in circumstances arises which may result in a significant .: - - - • . . - - . - - .related to the project; (b) The decision to require preparation of a supplemental EIS, in the case of newly discovered information, shall be based upon the following criteria: (1) The importance and relevance of the information. 27 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (b) Its probable accuracy. (2) The present state of the information in the EIS. (c) If a supplement is required, it will be subject to the full procedures of this chapter. B. Environmental Impact Statement Content 1. An EIS must assemble relevant and material facts upon which an agency's decision is to be made. It must analyze the significant adverse impacts and evaluate all reasonable alternatives. Environmental impact statements shall be analytical and not encyclopedic. The lead agency and other involved agencies shall cooperate with project sponsors who are preparing EIS's by making available to them information contained in their files relevant to the EIS. 2. Environmental impact statements shall be clearly and concisely written in plain language that can be read and understood by the public. Within the framework presented in section 176-9B(5) of this section, EIS's should address only those specific environmental impacts which can be reasonably anticipated and/or have been identified in the scoping process. Environmental impact statements should not contain more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts. Highly technical material should be summarized and, if it must be included in its entirety, should be referenced in the statement and included in an appendix. 3. All draft and final EIS's shall be preceded by a cover sheet stating: (a) Whether it is a draft or final. EIS. (b) The name or descriptive title of the action. (c) The location(county and town, village or city) and street address, if applicable, of the action. (d) The name and address of the lead agency and the name and telephone number of a person at the agency who can provide further information. (e) The names of individuals or organizations that prepared any portion of the statement. (f) The date of its acceptance by the agency responsible for its preparation. (g) In the case of a draft EIS, the date by which comments must be submitted. 4. A draft or final EIS shall have a table of contents following the cover sheet and a precise summary which adequately and accurately summarizes the statement. 5. The format of the draft EIS may be flexible; however, all draft EISs must include the following elements: (a) A concise description of the proposed action and its purpose,public need and benefits, including social and economic considerations. 28 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (b) A concise description of the environmental setting of the areas to be affected sufficient to understand the effects of the proposed action and alternatives. (c) A statement and evaluation of the potential significant adverse environmental impacts at a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence. The draft EIS should identify and discuss the following only where applicable and significant: (1) Reasonably related short-term and long-term impacts, cumulative impacts and other associated environmental impacts (2) Those adverse environmental impacts that cannot be avoided or adequately mitigated if the proposed action is implemented (3) Any growth inducing aspects of the proposed action (4) A discussion of the effects of the proposed action on the use and conservation of energy(for an electric generating facility, the statement must include a demonstration that the facility will satisfy electric generating capacity needs or other electric systems needs in a manner reasonably consistent with the most recent state energy plan (5) Impacts of the proposed action on solid waste management and its consistency with the state or locally adopted solid waste management plan; (6) Impacts of public acquisitions of land or interests in land or funding for non-farm development on lands used in agricultural production and unique and irreplaceable agricultural lands within agricultural districts pursuant to subdivision 4 of section 305 of article 25-AA of the Agriculture and Markets Law (d) A description of mitigation measures; (e) A description and evaluation of the range of reasonable alternatives to the action which are feasible considering the objectives and capabilities of the project sponsor. The description and evaluation of each alternative should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The no action alternative discussion should evaluate the adverse or beneficial site changes that are likely to occur in the reasonably foreseeable future, in the absence of the proposed action. The range of alternatives may also include, as appropriate, alternative: (l) Sites. (2) Technology. (3) Scale or magnitude. (4) Design. (5) Timing. 29 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doo (6) Use. (7) Types of action. (f) For private project sponsors, any alternative for which no discretionary approvals are needed may be described. Site alternatives may be limited to parcels owned by or under option to a private applicant. (g) A list of any underlying studies, reports and other information obtained and considered in preparing the statement. 6. In addition to the analysis of significant adverse effects required in § 176- 9B(5)(c), if information about reasonably foreseeable catastrophic impacts to the environment is unavailable because the cost to obtain it is exorbitant or the means to obtain it are unknown or there is uncertainty about its validity and such information is essential to an agency's CEQR findings, the EIS must: (a) Identify the nature and relevance of unavailable or uncertain information. (b) Provide a summary of existing credible scientific evidence, if available. (c) Assess the likelihood of occurrence, even if the probability of occurrence is low, and the consequences of the potential impact using theoretical approaches or research methods generally accepted in the scientific community. This analysis would likely occur in the review of such actions as a liquid propane gas/liquid natural gas facility or the siting of a hazardous waste treatment facility. It should not apply in the review of such actions as shopping malls,residential subdivisions or office facilities. 7. A draft or final EIS may incorporate by reference all or portions of other documents, including EIS's which contain information relevant to the statement. The referenced documents shall be made available for inspection by the public within the time period for public comment in the same places where the agency makes available copies of such statement. When a statement incorporates by reference, the referenced document shall be briefly described, its applicable findings summarized and the date of its preparation provided. 8. A final EIS must consist of the draft EIS, including any revisions or supplements to it; copies or a summary of the substantive comments received and their source (whether or not the comments were received in the context of a hearing); and the lead agency's responses to all substantive comments. 9. The draft EIS may be directly incorporated into the final EIS or may be incorporated by reference. The lead agency is responsible for the adequacy and. accuracy of the final EIS, regardless of who prepares it. All revisions and supplements to the draft EIS shall be specifically indicated and identified as such in the final.EIS. § 176-15. Generic environmental impact statements. A. Generic EIS's may be broader and more general than site- or project-specific EIS's and should discuss the logic and rationale for the choices advanced. They may also include an assessment of specific impacts if such details are available. They may be 30 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc based on conceptual information in some cases. They may identify the important elements of the natural resource base as well as the existing and projected human- made features,patterns and character. They may discuss in general terms the constraints and consequences of any narrowing of future options. They may present and analyze in general terms a few hypothetical scenarios that could and are likely to occur. A generic EIS may be used to assess the environmental effects of: 1. A number of separate actions which, if considered singly,may have minor effects impacts but, if considered together,may have significant effcctsimpacts, on A sequence of actions contemplated by a single agency or individual; 3. Separate actions having generic or common impacts; 4. An entire program or plan having wide application or restricting the range of future alternative policies or projects. B. particular, agencies may prepare generic EISs on the adoption of a comprehensive plan prepared in accordance with subdivision 4, section 28-a of the General City Law and the implementing regulations. Impacts of individual actions proposed to be carried out in conformance with these adopted plans and regulations and the thresholds or conditions identified in the generic EIS may require no or limited CEQR review as described in subdivisions C and D of the section. C. Generic EIS's and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved . -: - . - . . - . . .. - ., . .--- .. -. . . - . . . . . ., . - _ _ • - ..including requirements for any subsequent CEQR compliance. This may procedures shall include respect to the generic EIS. (See § 176 8G of this chapter.)thresholds and criteria for supplemental EISs to reflect specific significant impacts, such as site specific impacts,that were not adequately addressed or analyzed in the generic EIS. D. When a final generic EIS has been filed under this chapter: 1. No further CEQR compliance is required if a subsequent site specific action will be carried out in conformance with the conditions and thresholds established for such actions in the findings statement resulting from the generic EIS. 2. An amended findings statement must be prepared if the subsequent proposed action was adequately addressed in the generic EIS but was not addressed or was not adequately addressed in the findings statement for the generic EIS. 3. A negative declaration must be prepared if a subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action will not result in any significant environmental effects. 4. A supplement to the final generic EIS must be prepared if the subsequent proposed action was not addressed or was not adequately addressed in the generic 31 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc EIS and the subsequent action involves one or more significant environmental cffcctsimpacts. D. Agencies may prepare generic EIS's on new, existing or significant changes to supplemental EIS's as described in Subsections B and C of this section. E. _ - - -- _ - ._ . .. . ., . - . - __• ., • - - • - A. In connection with projects that are to be developed in phases or stages, agencies should address not only the site-specific impacts of the individual project under consideration but also, in more general or conceptual terms, the cumulative effects on the environment and the existing natural resource base of subsequent phases of a larger project or series of projects that may be developed in the future. In these cases, this part of the generic EIS shall discuss the important elements and constraints present in the natural and ode-cultural environment that may bear on the conditions of an agency decision on the immediate project. § 176-911. Decision making and findings requirements. A. Prior to the lead agency's decision on an action which has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period(not less than 10 calendar days) in which to consider the final EIS before issuing its written findings statements. If a project modification or change of circumstances related to the project requires a lead or involved agency to modify its decision substantially, findings may be amended and filed in accordance with § 176-12B of this chapter. B. In the case of an action involving an applicant, the lead agency's filing of a written findings statement and decision on whether or not to approve or fund an action whieh . . - • . - . .•_ . . - _ shall be made within 30 calendar days after the filing of the final EIS. C. No involved agency shall make a final decision to eommeneeundertake,engage inrfundz OF approve or disapprove an action that has been the subject of a final EIS, either under CEQR, SEQR or the National Environmental Policy Act (NEPA), until the time period provided in Subsection 176-11A of this section above has passed and the agency has made and filed, in accordance with § 176 10C of this chapter, a written findings statement. Findings and a decision may be made simultaneously. D. Findings must: 1. The agency has given consideration to the final EIS.Consider the relevant environmental impacts, facts and conclusions disclosed in the final EIS; 32 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 2. Weigh and balance relevant environmental impacts with social, economic and other consideration; 3. Provide a rationale for the agency's decision; 4. Certify that Tthe requirements of this chapter have been met. 5. Certify that Consistent consistent with social, economic and other essential considerations from among the reasonable alternatives thereteavailable, the action - ., - -. : . , .. . .. . . . . . .-. is one which minimizes or avoids adverse environmental cffccts impacts to the maximum extent practicable and that •- -. . . • • . : -, adverse environmental cffccts impacts revealed • . . - .. . - •- - . . . - will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures which were identified as practicable. (5) Contains the facts and conclusions in the EIS relied upon to support its decision of its decision. D. No agency shall make a decision to disapprove an action which has been the support its decision. Such statement shall be filed in accordance with § 176 10C of this chapter. § 176 4012. Document preparation, Filing, Publication and Distribution The following CEQR documents shall be prepared, filed, published and made available as prescribed in this section: A. Preparation of documents. 1_ .Each negative declaration,positive declaration, notice of completion of an EIS, notice of hearing and findings must state that it has been prepared in accordance with article 8 of the Environmental Conservation Law and chapter 176 of the Code of the City of Ithaca and must contain: the name and address of the lead agency; the name, address, and telephone number of a person who can provide additional information; a brief description of the action; the CEQR classification; and the location of the action. 2. In addition to the information contained in paragraph A(1) of this subdivision: (a) A negative declaration must meet the requirement of§ 176-7B of this chapter. A conditioned negative declaration must also identify the specific conditions being imposed that have eliminated or adequately mitigated all. significant adverse environmental impacts and the period, not less than 30 calendar days, during which comments will be accepted by the lead agency. 33 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc A. Initial review of actions 1. As early as possible in an agency's formulation of an action it proposes to undertake or as soon as an agency receives an application for a funding or approval action, it shall do the following: (a) Determine whether the action is subject to CEQR. If the action is an a Type II action as defined by section 176-5 of CEQR or section 617.5 of SEQR as amended, the agency shall have no further responsibilities under this chapter. (b) Determine whether the action involves a federal agency. If the action involves a federal agency, the provisions of§ 176 46-15 of this chapter shall apply. (c) Determine whether the action may involve one or more other agencies. (d) Make a preliminary classification of an action as Type I or unlisted, using the information available and comparing it with the thresholds set forth in § 176-12 1 of this chapter. Such preliminary classification will assist in determining whether a full EAF and coordinated review is necessary.(5-) .ill be is ed. 2. For Type I actions, a full EAF (see § 176-4-920, Appendix A, of this chapter)must be used to determine the significance of such actions , .. . _ ., _ - unless a draft EIS has been prepared on the action. The project sponsor must complete Part 1 of the full EAF, including a list of all other involved agencies which the project sponsor has been able to identify, exercising all due diligence. The lead agency is responsible for preparing Part 2 and, as needed, Part 3. 3. For unlisted actions, the short EAF (see § 176-4-920, Appendix C, of this chapter) must, as a minimum,be used to determine the significance of such actions that are funded, approved or directly undertaken by an agency. However, an agency may instead use the full EAF for unlisted actions if the short EAF would not provide the lead agency with sufficient information on which to base its determination of significance. The lead agency may require other information necessary to determine significance. 4. An agency may waive the requirement for and EAF if a draft EIS is prepared or submitted. The draft EIS may be treated as an EAF for the purpose of determining significance. 5. Any city agency receiving or filling out an environmental assessment form shall, within five days, provide a copy of the document to the Chairperson of the City Conservation Advisory Council and to the Common Council liaisons to the Conservation Advisory Council for their comments and recommendations. 6. Determine whether the Type I or Unlisted action is located in an agricultural district and comply with the provisions of subdivision(4) of section 305 of article 25-AA of the Agricultural and Markets Law, if applicable. 16 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc B. - . . ' . •• . . . . • . . . . . .. . . . . . significance:Establishing Lead Agency 1. The Ithaca City Common Council shall have overall responsibility for implementation of this chapter. The Common Council may designate that a particular city department, board or commission assume the role of lead agency for actions of a nature that would place them within the jurisdiction of that particular department, board or commission. If an action involves more than one agency, the designation of lead agency shall be made in accordance with the procedure set forth below, unless the Common Council designates otherwise. 2. _ . . -. .. _ . . •- - - • -. ., . . _ • . . .. • . f the Common Council has not designated a lead agency and only one agency is involved,then that agency will be the lead agency when it proposes to undertake or receives an application for funding or approval of a Type I or unlisted action that does not involve another agency. (a) If the agency is directly undertaking the action, it shall determine the significance of the action as early as possible in the design or formulation of the action. (b) If the agency has received an application for funding or approval of the action, it shall determine the significance of the action within 20 calendar days of its receipt of the application, and EAF or any additional information reasonably necessary to make that determination 3. Lead agency procedures wWhen more than one agency is involved_.- (a) For all Type I actions and for coordinated review of unlisted actions involving more than one agency, a lead agency must be established prior to a determination of significance. For unlisted actions where there will be no coordinated review,the procedures in § 176-6E 6B5 of this chapter must be followed. (b) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it must, in accordance with § 176-10A(2)12B of this chapter,promptly notify the applicant and all other involved agencies, in writing,that it is the lead agency and that and EIS is required and whether scoping will be conducted. (c) The lead agency shall continue in that role until either a negative declaration is filed, a findings statement is filed or a lead agency is reestablished in accordance with § 176-6G-6B7 of this chapter. 4. ••- . '.. .. . Coordinated review. (a) When an agency proposes to directly undertake or receives an application for funding or approval for a Type I action or an unlisted action undergoing coordinated review in which other agencies are involved, it shall, as soon as possible, mail the EAF, with Part I completed by the project sponsor, or a draft EIS and a copy of any application it has received to all involved 17 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc agencies,notifying them that a lead agency must be agreed upon within 30 calendar days of the date of the EAF or draft EIS was mailed to them. (b) The lead agency shall determine the significance of the action within 20 calendar days of its establishment as lead agency or within 20 calendar days of its receipt of all information it may reasonably need to make the determination of significance,whichever occurs later, and shall immediately file the determination in accordance with § 176-4&12 of this chapter. (c) If a lead agency exercises due diligence in identifying all other involved agencies and provides written notice of its determination of significance to the identified involved agencies, then no involved agency may later require the preparation of an EAF, a negative declaration of significance or an EIS in connection with the action. The determination of significance issued by the lead agency following coordinated review is binding on all other involved agencies. 5. Uncoordinated review for unlisted actions involving more than one agency. (a) As early as possible in the formulation of plans for an unlisted action and - -•• . •. _ - -=.An agency conducting an uncoordinated review may proceed as if it were the only involved agency pursuant to subdivision A of this section unless and until it determines that an action may have a significant adverse impact on the environment. (b) When-If an agency determines that Faction may have a significant cffcct adverse impact on the environment, requiredit must coordinate with other involved agencies. - ■ . . .. - ., --• • . At any time prior to an agency's final decision, that agency's negative declaration may be superseded by a positive declaration issued by any other involved agency. 6. Actions for which a lead agency cannot be agreed upon. (a) If,within the 30 calendar days allotted for establishment of a lead agency, the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may request, by certified mail or other form of receipted delivery, that the Common Council designate the lead agency. Simultaneously, copies of the request must be sent , by certified mail or other form of receipted delivery to all involved 18 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.doc•: • ',•!, - - •.- - . . - - e - ! ' e agencies and the project sponsor.applieant.Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated by the Common Council. (b) The request must identify each involved agency's jurisdiction over the action and all relevant information necessary for the Common Council to apply the criteria in Subsection F(4)E of this section and must state that all comments must be submitted to the Common Council within ten calendar days after receipt of the request. (c) Within 10 calendar days of the date the request is receives, involved agencies and the project sponsor may submit to Commons Council any comments they may have concerning the actions. Such comments must contain the information indicated in subparagraph (b) of this subsection. (d) The Common Council shall designate a lead agency within 20 calendar days of the date the request is received or within 20 calendar days of the receipt of any supplemental information the Common Council has required,based on a review of the facts, the criteria below and any comments received. (e) The following criteria, in order of importance, shall be used by the Common Council to designate a lead agency: (1) Which agency has the broadest governmental powers for investigation of the impact of the proposed action. (2) Which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action. (f) Notification of the Common Council's designation of lead agency shall be mailed to all involved agencies and the apftkealitproject sponsor. 7. Reestablishment of lead agency. (a) Reestablishment of a lead agency may occur by agreement of all involved agencies in the following circumstances: (1) For a supplement to a final EIS or generic EIS. (2) Upon failure of the lead agency's basis of jurisdiction. (3) Upon agreement of the applicant prior to the acceptance of a draft EIS. (b) Disputes concerning reestablishment of a lead agency for a supplement to a final EIS or generic EIS are subject to the designation procedures contained in § 176-6F-6B(6) of this chapter. (c) Notice of reestablishment of a lead agency must be given by the new lead agency to the applicant within 10 days of its establishment. H.176-7. Determining significance. 19 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc A. The lead agency must determine the significance of any Type I or unlisted action, in writing, in accordance with this section and § 176 11 of this chapter. 1. To require an EIS for a proposed action,the lead agency must determine that the action may include the potential for at least one significant adverse environmental cffcctimpact. 2. To determine that an EIS will not be required for an action, the lead agency must determine either that there will be no adverse environmental effects-impacts or that the identified environmental effects will not be significant. B. For all Type I and unlisted actions, the lead agency making a determination of significance must: 1. Consider the action as defined in the definition in § 176-2B and § 176 3K 3G of this chapter. 2. Review the EAF,the criteria contained in § 176 11 of this chaptersubdivision C of this section and any other supporting information to identify the relevant areas of environmental concern. 3. Thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant effect adverse impact on the environment. 4. Set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. C. Criteria for determining significance. 1. To determine whether a proposed Type I or unlisted action may have a significant effect adverse impact on the environment, the impacts which may be reasonably expected to result from the proposed action must be compared against the criteria in this section. = . . - - - - - • - • - • • - - _ . -- ._. . _ . _ . The following list is illustrative,not exhaustive. These criteria are considered indicators of significant effects adverse impacts on the environment. (a) A substantial adverse change in existing air quality, ground- or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or a substantial increase in potential for erosion, flooding, leaching or drainage problems. (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse effects on a threatened or endangered species of animal or plant or the habitat of such a species; or other significant adverse effects to natural resources. (c) The impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to section 176-14. 20 • Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (d) (1) The creation of a material conflict with the city's current plans or goals as officially approved_ .- . . -. . • - - - •- . .. . . •. . (e) The impairment of the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood character. (f) A major change in the use of either the quantity or type of energy. (g) The creation of a hazard to human health or safety. (h) A substantial change in the use or intensity or magnitude of use of land, including agricultural, open space or recreational resources, or in its capacity to support existing uses. (i) The encouraging or attracting of a large number of people to a place or places for more than a few days compared to the number of people who would come to such place absent the action. (j) The creation of a material demand or pressures for other actions which would result in one of the above consequences. (k) Changes in two or more elements of the environment,no one of which has a significant effect on the environment but which, when considered together, result in a substantial adverse impact on the environment. (1) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant effect on the environment but which,when considered cumulatively,would meet one or more of the criteria in this section. (m) . - ' . ; ; ; : : ; - ; : ; -:• • • - •action.. 2. For the purpose of determining whether an action will cause one of the foregoing consequences listed in paragraph(1) of this section, the lead agency must consider reasonably related long-term, short-term, direct, indirect, and cumulative cffcctaimpacts, including other simultaneous or subsequent actions which are: (a) Included in any long-range plan of which the action under consideration is a part; (b) Likely to be undertaken as a result thereof; or (c) Dependent thereon. 3. The significance of a likely consequence (i.e. whether it is material, substantial, large or important) should be assessed in connection with (a) Its setting (b) Its probability of occurrence; (c) Its duration; (d) Its irreversibility 21 Q:\PLANNING\STAFF\Kate\CEOR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc § 176-2. Definitions. As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated: ACT --Article 8 of the Environmental Conservation Law (SEQR). ACTIONS --Includes: A. Projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that: 1. Are directly undertaken by an agency; 2. Involve funding by an agency •• . -•- . . --• . .. .•- . • - . assistance; or 3. Require one or more new or modified approvals from an agency or agencies sueh other ether-entitlemen for use or permission to act. B. Agency planning and policy-making activities that may affect the environment and commit the city to a definite course of future decisions. C. Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions, that may affect the environment. D. Any combination of the above. AGENCY—A State or local Agency, including Tthe Common Council and any city department, agency,board,public benefit corporation,public authority or commission. The terms "agency" and "city agency" are used interchangeably in this chapter. APPLICANT --Any person making an application or other request to an agency to provide funding or to grant an approval in connection with a proposed action. APPROVAL-- A discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. CITY-- The municipal government of the City of Ithaca. COMMISSIONER-- The Commissioner of the New York State Department of Environmental Conservation. CONDITIONED NEGATIVE DECLARATION(CND) --A negative declaration issued by a lead agency for an unlisted action involving an applicant, in which the action as initially proposed may result in one or more significant adverse environmental effects; however, mitigation measures identified and required by the lead agency pursuant to the procedures in § 176-6I will modify the proposed action so that no significant adverse environmental impacts will result. CRITICAL ENVIRONMENTAL AREA(CEA) -- A specific geographic area designated by a state or local agency, having exceptional or unique characteristics that make the area 2 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc environmentally important. (See § 176-4 of this chapter.) . - • -. . •. . -. - . CEA must be treated as a Type I action by any involved agency. DEC or DEPARTMENT-- The New York State Department of Environmental Conservation. DIRECT ACTION or DIRECTLY UNDERTAKEN ACTION-- An action planned and proposed for implementation by an agency. "Direct actions" include but are not limited to capital projects,promulgation of agency rules,regulations, laws, codes, ordinances or executive orders and policy-making which commits an agency to a course of action that may affect the environment. ENVIRONMENT -- The physical and-socioeconomic-conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, resources of agricultural, archaeological,historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character and human health. ENVIRONMENTAL ASSESSMENT FORM(EAF) -- A form used by an agency to assist it in determining the environmental significance or nonsignificance of an action. A properly completed EAF shall contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. The model full and short EAF's contained in Appendixes A and C of§ 176-4-9-20 of this chapterEN may be modified by the Common Council to better serve it in implementing CEQR, provided that the scope of the modified form is as comprehensive as the model. ENVIRONMENTAL IMPACT STATEMENT (EIS) -- A written"draft" or"final" document prepared in accordance with §§ 176-8 and 176-14 of this chapter. An EIS provides a means for agencies,project sponsors and the public to consider significant adverse environmental impacts, alternatives and mitigation systematically. An EIS facilitates the weighing of social, economic and environmental factors early in the planning process. AFIA"draft"-EIS is the initial statement prepared by either the applicant or the lead agency and circulated for review and comment. The lead agency is - .. . - . • . . . . • - . - -. An EIS may also be generic in accordance with § 176- 10 of this chapter, supplemental in accordance with paragraph § 176-9A(7) of this chapter, or. An EIS may be a federal draft and final EIS in accordance with § 176 46-15 of this chapter. ENVIRONMENTAL NOTICE BULLETIN(ENB) -- The weekly publication of the Department published pursuant to § 3-0306 of the Environmental Conservation Law. EXCLUDED ACTION An action to which the requirements of this chapter do not A. An action undertaken, funded or approved prior to the effective date(s) set forth in SEQR(see Chapter 228 of the Laws of 1976, Chapter 252 of the laws of 1977 and Chapter 460 of the Laws of 1978), except as provided in the June 1, 1987, version of 6 •► . • -- -- - such date(s) 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 3 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc under the National Environmental Policy Act of 1969. • - . -- . under Article VII or VIII of the Public Service Law and the consideration of, granting or EXEMPT ACTION Any one of the following: A. Civil or criminal enforcement proceedings, whether administrative or judicial, B. Official acts of a ministerial nature involving no exercise of discretion. C. Maintenance or repair involving no substantial changes in an existing structure or • .. E. Actions of the Legislature of the State of New York or of any court. Actions of FINDINGS STATEMENT -- A written statement prepared by an-each involved agency, in accordance with § 176-9-11 of this chapter, after a final EIS has been filed, that agency decision.considers the relevant environmental impacts presented in an EIS, weighs and balances them with social, economic, and other essential considerations, provides a rationale for the agency's decision and certifies that the CEQR requirements have been met. FUNDING-- Any financial support given by an agency, including contracts, grants, subsidies, loans or other forms of direct or indirect financial assistance in connection with a proposed action. INDUSTRIAL FACILITY -- Those facilities that are intended for: A. Manufacturing use(s) as defined and listed in the Standard Industrial Classification Manual,Executive Office of the President, Office of Management and Budget. B. Warehousing and distribution uses. IMPACT—Any change or effect on any aspect(s) of the environment. INTERESTED AGENCY --An agency that lacks the jurisdiction to fund, approve or directly undertake an action but wishes to participate in the review process because of its specific expertise or concern about the proposed action. An interested agency has the same ability to participate in the review process as a member of the public. 4 Q:\PLANNING\STAFF\Kate\CEQRICEQR 05-16-03 revisions -- Kate and Thys.doc•: • . ,•,y, _ . - . . _ - e - e • e . INVOLVED AGENCY--An agency that has jurisdiction by law to fund, approve or directly undertake an action. If an agency will ultimately make a discretionary decision to fund, approve or undertake an action, then it is an involved agency,notwithstanding that it has not received an application for funding or approval at the time the CEQR process is commenced. The lead agency is also an involved agency. LEAD AGENCY--An involved agency principally responsible for carrying out, funding or approving an action and therefore responsible for determining whether an environmental impact statement is required in connection with the action and for the preparation and filing of the statement if one is required. MINISTERIAL ACT --An action performed upon a given statement of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, such as the grant of a driver's license,hunting or fishing•license. . . _ . - . - -. .• -, •- • - . - - • - ' • - •• _= A. • MITIGATION—A way to avoid or minimize adverse environmental impacts. NEGATIVE DECLARATION-- A written determination by a lead agency that the implementation of the action as proposed will not result in any significant environmental effects. A negative declaration may also be a conditioned negative declaration as defined in subdivision § 176-2H. Negative declarations must be prepared and filed in accordance with §§ 176-611 and 176-10A(1) of this chapter. PERMIT --A permit, license, lease, certificate or other entitlement for use or permission to act that may be granted or given by an agency. PERSON-- Any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity. PHYSICAL ALTERATION-- Includes but is not limited to the following activities: vegetation removal; demolition; stockpiling materials; grading and other forms of earth work; dumping, filling or depositing; discharges to air or water; excavation or trenching; application of pesticides,herbicides or other chemicals; application of sewage sludge; dredging, flooding, draining or dewatering;paving; construction of buildings, structures or facilities; and extraction, injection or recharge of resources below ground. POSITIVE DECLARATION--A written statement prepared by the lead agency indicating that implementation of the action as proposed may have a significant effect adverse impact on the environment and that an environmental impact statement will be required. Positive declarations must be prepared and filed in accordance with §. 176-4-OB 7 and 176-12 of this chapter. PROJECT SPONSOR-- Any applicant or agency primarily responsible for undertaking an action. 5 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc RESIDENTIAL--Any facility used for permanent or seasonal, habitation, including but not limited to realty subdivisions, apartments,mobile home parks and campsites offering any utility hookups for recreational vehicles. It does not include such facilities as hotels., hospitals, nursing homes, dormitories or prisons. SCOPING--The process by which the lead agency identifies the significant issuespotentially significant adverse environmental impacts related to the proposed action which are to be addressed in the draft EIS, including_, where possible, the content and level of detail of the analysis, the range of alternatives, the mitigation measures needed : -- - . - •-- . - - - - .. and the identification of nonrelevant•issues. - - - - - - - - - • - - - - - . - - - - • - proposal,Scoping provides a project sponsor with guidance on matters which must be considered and provides an opportunity for early participation by involved agencies and the public in the review of the proposal. SEGMENTATION-- The division of the environmental review of an action such that various activities or stages are addressed under this chapter as though they were independent,unrelated activities needing individual determinations of significance. STATE AGENCY--Any state department, agency,board,public benefit corporation, public authority or commission. TYPE I ACTION-- An action or class of actions listed in § 176-12 1 of this chapter or in any involved agency's procedures adopted pursuant to § 176-14 of this chapter.: TYPE II ACTION-- An action or class of actions which is listed in § 176-4-3-5 of this chapter. When the term is applied in reference to an individual agency's authority to review or approve a particular proposed project or action, it shall also mean an action or class of actions identifies as Type II actions in that agency's own procedures to implement CEQR adopted pursuant to § 176-14 of this chapter. The fact that an action is identified as a Type II action in any agency's procedures does not mean that it must be treated as a Type II action by any other agency not identifying it as a Type II action in its procedures. UNLISTED ACTION--All actions - . - . . : : - - . . : • -. . II actions in this chapter. Identified as a Type I or Type II action in this chapter, or in the case of a particular agency action, not identified as a Type I or Type II action in the agency's own CEQR procedures. Unlisted actions are subject to the procedures of this chapter. § 176-3. General Rules-preys. A. No agency involved in an action shall carry out, fund or approve the action until it has complied with the provisions of CEQR. No physical alteration related to an action shall be commenced by a project sponsor until the provisions of CEQR have been complied with, except as provided under § 176-3C or 176-13B(21) of this chapter. No agency shall issue a decision on an action that it knows any other involved agency has determined may have a significant cffcct adverse impact on the environment until a 6 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc final EIS -.-: -_ . - -- - • . - has been filed, except as provided under § 176- 8€(1)9A(5)(a) of this chapter,6 NYCRR 617.8(e)(1). B. City environmental quality review does not change the existing jurisdiction of agencies. City environmental quality review provides all involved agencies with the authority, following the filing of a final EIS and written findings statement or pursuant to § 176-6H of this chapter, to impose substantive conditions upon an action to ensure that the requirements of this chapter have been satisfied. The conditions imposed must be practicable and reasonably related to impacts identified in the EIS or the conditioned negative declaration. been fulfilled. C. The Common Council need not apply CEQR to its legislative decision process if the Common Council determines that the action will not be entertained. D. An agency may waive the requirements for an EAF if a draft EIS is prepared or submitted. E. An application for agency funding or approval of a Type I or unlisted action shall not be complete until: 1. A negative declaration has been issuedftled or 2. uA draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. . - • ••: . .. . - . - -,When the draft EIS is accepted, the CEQR process shall run concurrently with other procedures relating to the review and approval of the action if reasonable time is provided for preparation,review and public hearings with respect to the draft EIS. F. The lead agency shall make every reasonable effort to involve applicants, other agencies and the public in the CEQR process. Early consultations initiated by agencies can serve to narrow issues of significance and to identify areas of controversy relating to environmental issues, thereby focusing the issues requiring in- depth analysis in an EIS. G. The effect of an applicant or agency exercising due diligence in identifying all other agencies having funding or approval authority over the action and of the agency or applicant providing written notice of the agency's determination of environmental significance to such other involved agencies shall be that, unless an involved agency formally objects to the establishment of a lead agency pursuant to § 176-6E, of this chapter,no other involved agency may later require the preparation of an EIS in connection with the action. 7 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc H. Each agency involved in a proposed action has the responsibility to provide the lead agency with information it may have which may assist the lead agency in making its determination of significance,to identify issues in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. I. No CEQR determination of significance, EIS or findings statement is required for actions which are Type II_, excluded or exempt from CEQR. J. Actions commonly consist of a set of activities or steps (e.g., for capital projects the activities may include planning, design, contracting, demolition, construction and operation). The entire set of activities or steps shall be considered the action,whether the agency decision making relates to the action as a whole or only a part of the actionit. 1. Considering only a part or segment of an action is contrary to the intent of CEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. 2. If it is determined that an EIS is necessary, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement(see § 176- 5-10 of this chapter), a supplement to a draft or final EIS will only be required in the circumstances prescribed in § 176-8€-9A(7) of this chapter. K. Agencies shall carry out the terms and requirements of this chapter with minimum procedural and administrative delay, shall avoid unnecessary duplication of reporting and review requirements by providing,where feasible, for combined or consolidated proceedings and shall expedite all CEQR proceedings in the interest of prompt review. L. Time periods in this chapter may be extended by mutual agreement between an applicant and the lead agency,with notice to all other involved agencies by the lead agency. M. N—The City of Ithaca Conservation Advisory Council has no specific responsibility for implementing the Environmental Quality Review Ordinance, except that its input and assistance shall be solicited for all actions for which a short or long environmental assessment form has been prepared and for all action for which a positive declaration is made or a draft environmental impact statement is prepared. N. The Common Council may decide to employ a qualified consultant to assist in or have major responsibility for the preparation or review of environmental impact statements. All studies, data, statements or other material developed by a consultant shall become public property after the completion of the consultant's responsibilities. 8 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.doc 9: .' • .'• 1!• - - •.- - . . - - ! ' - e ' ! O. The City Clerk shall establish and maintain a list of qualified consultants, which shall be made available to applicants who may wish to hire a consultant to assist in the preparation of environmental impact statements. § 176-4. Type I Actions A. The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than unlisted actions. All agencies are subject to this Type I list. 1. This Type I list is not exhaustive of those actions that an agency determines may have a significant adverse impact on the environment and require the preparation of an EIS. The fact that an action or project has been listed as a Type I action carries with it the presumption that it is likely to have a significant effect on the environment and may require an EIS. For all individual actions which are Type I or Unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in § 176-7C of this chapter. [Amended 9-2-1992 by Ord. No. 92-11] 2. Agencies may adopt their own list of additional Type I actions, may adjust the thresholds to make them more inclusive, and may continue to use previously adopted lists on Type I actions to complement those contained in this section. Designation of a Type I action by one involved agency requires coordinated review by all involved agencies. An agency may not designate as Type I and action identified as Type II in § 176-5 of this chapter. B. The following actions are Type I if they are to be directly undertaken, funded or approved by an agency: - . . ., - - ... . . - - - , The adoption of a land use plan, the adoption by any agency of a comprehensive resource management plan or the initial adoption of zoning regulations 2. The adoption of changes in the allowable uses within any zoning district, affecting l 0 or more acres of the district 3. The granting of any 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. 4. The acquisition, lease, annexation, transfer or sale by a public agency of more than 2.5 10 contiguous acres of land. 5. Construction of new residential units that meet or exceed the following thresholds: 9 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.doc 9: _.. •.- - . . - - e ' - e • e . (a) A residential development or subdivision of X50 or more dwelling units, as that term is defined in § 325-3 of Chapter 325, Zoning, (or demolition thereof). (b) _ - •. - .. : : .. . . . --- Law. 6. Activities, other than the construction of residential facilities, that meet or exceed any of the following thresholds; or the expansion of existing nonresidential facilities by more than 50 percent of the following thresholds: The conctructio of the following or the major alteration or conversion of 50% or more of the area, - - - • . . _ . . - . - •_ - , - - _ . -:, (a) A project or action that involves the physical alteration of 10 acres; Airports and helipefts, (b) Any facility, development or project which would use ground- or surface water in excess of 250,000 gallons per day. (c) Parking facilities or other facilities with an associated parking area for 50 250 or more carsvehicles. (d) Multiple-tenant commercial centers with an enclosed floor space of more than 2&40050,000 square feet or which,with associated premises, encompass more than 20,000-50,000 square feet (or demolition thereof). (-e-)Public institutions, such as hospitals,se-heels-and buildings within institutions of higher learning, correction facilities and major office centers (or demolition of any of the foregoing). Conservation Law (ECL) § 15 0503. fh (e) - . .. - . •. .. . . . . . . . . . . - 10,000,000 BTU's per hour. (3(f) Any facility, development or project which,when complete, would generate truck traffic (three-axle or more) of more than 1010 vehicles per eight-hour period per day. (j)Incinerators operating at a refuse-charging rate exceeding 2.5 tons of refuse per twenty-four-hour day. ( )(g) . . - • • • •- . - • . . . .. . - . _ . ... , - . - f1 4(b) Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds 1,000 pounds per day. 10 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (m)Any facility, development or project which would result in the generation, transport or storage of nuclear waste thereat. (e3(i) . . . •- . . • . • •. -- - (.1 3 4(j)) Any publicly or privately owned sewage treatment works which has an average daily design flow of more than 250,000 gallons per day. (q)Lakes or bodies of water with a surface in excess of 10,000 square feet. (k) Process, exhaust and/or ventilating systems emitting nauseating,particularly obnoxious or otherwise especially undesirable odors. (t)(m) Any unlisted action which takes place wholly or partially within 100 feet of any critical environmental area designated by a local or state agency. (& (n) Any facility with more than 20,00050,000 square feet of gross floor area. 7. Any facility that includes a nonagricultural use occurring wholly or partially within an agricultural district(certified pursuant to Agriculture and Markets Law, article 25-AA, sections 303 and 304) and exceeds 25 percent of any threshold established in this section; Co ation r a II ••" _ .. Inlet, along their courses within city boundaries. 01-)(a) _ . . . . .. . .. . . . . . . . . -- . . . . • . fe)(b) Any historic building, structure, facility, site or district or prehistoric site listed on the National Register of Historic Places or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in said National Register or that is listed on the State Register of Historic Places or that is designated under the City of Ithaca Landmarks Preservation Ordinance, provided that this item does not include any otherwise unlisted action that is designed for the preservation of the facility or site. 11 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 9-8. Any project orUnlisted 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, including any site on the Register of National Natural Landmarks pursuant to 36 CFR 62_(1986). applicant or city to commence such action. .. •. - - !,!!! -- ?9. . -: - - - • - --. __- . . .- ., . .. . . . from more than 1/2 acre. - - .• • - • - - . - • • . . - . •. - . - than 1/2 acre. § 176-5. Initial " of actions.Tvne II actions. A. Consistent with the state guidelines, actions or classes of actions identified in subdivision C of this section are not subject to review under this chapter. These actions have been determined not to have a significant effect impact on the environment .. - - . . _. .• - -- . - .•, . •- - .. - - . - - - . - - --- . •. . __. .. - .. . - . . - .•r are otherwise precluded from environmental review under Environmental Conservation Law, article 8. The actions identified in subdivision C of this section apply to all agencies. B. Each agency may adopt its own list of Type II actions to supplement the actions in subdivision C of this section. No agency is bound by an action on another agency's Type II list. An agency that identifies an action as not requiring any determination or procedure under this chapter is not an involved agency. Each of the actions on the Type II list must: 1. In no case, have a significant adverse impact on the environment based on the criteria contained in subdivision 176-7C of this chapter; and 2. Not be a Type I action as defined in § 176-4 of this chapter. C. The following actions are Type II actions:(and any action listed in section 617.5 of SEAR as amended) are not subject to review under this chapter: 1. Maintenance or repair involving no substantial changes in an existing structure or facility; 2. Replacement, rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes, unless such facility action meets or exceeds any of the thresholds in § 176-121. 3. 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. 12 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 4. Repaving of existing highways not involving the addition of new travel lanes. 5. Street openings and right-of-way openings for the purpose of repair or replacement or maintenance of existing utility facilities. 6. Maintenance of existing landscaping or natural growth; 7. Construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave facilities; 8. Routine activities of educational institutions -• - . . - -. .• . cons ion, including expansion of existing facilities by less than 10,000 square feet of gross floor area, including and school closings but not changes in use related to such closings. 9. construction or expansion of a single-family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in paragraph(11) and the installation, maintenance and/or upgrade of a drinking water well and a septic system; 10. Construction, expansion,or placement of minor structures accessory/Of appurtenant to existingresidential facilities, including garages, carports,patios, home swimming pools, fences, barns or other buildings not changing land use or density, •• . .• : . . .•- .• .•-_ - - .• .•.: - - - . 11. The extension of utility distribution facilities to serve new or altered single or ., • = . = . . - : 'ncluding gas, electric, telephone, cable,water and sewer connections to render service in approved subdivisions or in connection with any action on this list. 12. antin of individual setback and lot line variances ewe 13. Granting of an area variance for a single-family, two-family, or three-family residence 14. Public or private best forestry(silvicultural)management trees or practices on less than 10 acres of land, but not including waste disposal, land clearing not directly related to forest management, clear-cutting, or the application of herbicides or pesticides 15. Minor temporary uses of land having negligible or no permanent offect impact on the environment. 16. Installation of traffic control devices on existing streets,roads and highways 17. Information collection, including basic data collection and research,water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or unlisted action. 13 Q:\PLANNING\STAFF\Kate\CEOR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 18. Mapping of existing roads, streets, highways, uses, ownership patterns and-the like. 19. Official acts of a ministerial nature involving no exercise of discretion, including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s); 20. Routine or continuing .- . •. -, . . •- . - _- -- - - . • ., . _. - : agency administration or management, not including new programs or major reordering of priorities that may affect the environment. 21. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; 22. Collective bargaining activities. 23. Investments by or on behalf of agencies or pension or retirement systems or refinancing of existing debt. 24. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession. 25. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than land, radioactive material,pesticides, herbicides or other hazardous materials. 26. tee-License, lease and permit renewals or transfers of ownership thereof where there is no material change in permit conditions or the scope of permitted activities. 27. PremulgatiefrAdoption of regulations,policies,procedures and legislative decisions in connection with any Type II action. 28. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; 29. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion 30. Adoption of a moratorium on land development or construction 31. Interpreting an existing code, rule, or regulation 32. Designation of local landmarks or their inclusion within historic districts; 33. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance,practicable under the 14 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc circumstances, to the environment. Any decision to fund, approve, or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; 34. Actions undertaken, funded or approved prior to the effective dates set forth in SEAR except in the case of an action where it is still practicable to either modify the action in such a way as to mitigate potentially adverse environmental impacts, or to choose a feasible or less environmentally damaging alternative, the Commissioner may, at the request of any person, or on his/her own motion, require the preparation of an environmental impact statement; or, in the case of an action where the responsible agency proposed a modification of the action and the modification may result in a significant adverse environmental impact of the environment, an environmental impact statement must be prepared with respect to such modification; 35. Actions requiring a certificate of environmental compatibility and public need under articles VII, VIII or X of the Public Service Law and the consideration of, granting or denial of any such certificate; 36. Regulatory activities not involving construction or changed land use relating to one individual business, institution or facility, such as inspections, testing, operating certification or licensing and the like. 3$37. Operating, expense or executive budget planning,preparation and adoption not involving new programs or major reordering of priorities. 176.6 Initial review of Actions and Establishing Lead Agency 15 State Environmental Quality Review Act directly to Environmental Notice Bulletin, Room 538, 625 Broadway, Albany,NY 12233-1750 for publication in the ENB. The ENB is accessible on the department's internet web site at http://www.dec.state.ny.us (2)A notice of hearing must be published, at least 14 days in advance of the hearing date, in a newspaper of general circulation in the area of the potential impacts of the action. For state agency actions that apply statewide this requirement can be satisfied by publishing the hearing notice in the ENB and the State Register. (3)Agencies may provide for additional public notice by posting on sign boards or by other appropriate means. (4)Notice of a negative declaration must be incorporated once into any other subsequent notice required by law. This requirement can be satisfied by indicating the SEQR classification of the action and the agency's determination of significance. (Top of Page) §617.13 FEES AND COSTS. (a) When an action subject to this Part involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of either preparing or reviewing the draft and/or final EIS. The fee may include a chargeback to recover a proportion of the lead agency's actual costs expended for the preparation of a generic EIS prepared pursuant to section 617.10 of this Part for the geographic area where the applicant's project is located. The chargeback may be based on the percentage of the remaining developable land or the percentage of road frontage to be used by the project, or any other reasonable methods. The fee must not exceed the amounts allowed under subdivisions (b)through(d) of this section. If the lead agency charges for preparation of a draft and/or final EIS, it may not also charge for review; if it charges for review of a draft and/or final EIS, it may not also charge for preparation. Scoping will be considered part of the draft EIS for purposes of determining a SEQR fee; no fee may be charged for preparation of an EAF or determination of significance. (b)For residential projects, the total project value will be calculated on he actual purchase price of the land or the fair market value of the land determined by assessed valuation divided by equalization rate) whichever s higher,plus the cost of all required site improvements, not including he cost of buildings and structures, as determined with reference to a urrent cost data publication in common use. In the case of such projects,he fee charged by an agency may not exceed two percent of the total project value. (c) For nonresidential construction projects, the total project value will be calculated on the actual purchase price of the land or the fair market value of the land (determined by the assessed valuation divided by equalization rate)whichever is higher,plus the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common use. In the case of such projects the fee charged may not exceed one half of one percent of the total project value. 32 State Environmental Quality Review Act (d) For projects involving the extraction of minerals, the total project value will be calculated on the cost of site preparation for mining. Site preparation cost means the cost of clearing and grubbing and removal of over-burden for the entire area to be mined plus the cost of utility services and construction of access roads. Such costs are determined with reference to a current cost data publication in common use. The fee charged by the agency may not exceed one half of one percent of the total project value. For those costs to be incurred for phases occurring three or more years after issuance of a permit, the total project value will be determined using a present value calculation. (e) Where an applicant chooses not to prepare a draft EIS,the lead agency will provide the applicant, upon request,with an estimate of the costs for preparing the draft EIS calculated on the total value of the project for which funding or approval is sought. (f) "Appeals procedure". When a dispute arises concerning fees charged to an applicant by a lead agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request the chief fiscal officer of the agency or his designee will examine the agency record and prepare a written response to the applicant setting forth reasons why the applicant's claims are valid or invalid. Such appeal procedure must not interfere with or cause delay in the EIS process or prohibit an action from being undertaken. (g) The technical services of the department may be made available to other agencies on a fee basis, reflecting the costs thereof, and the fee charged to any applicant pursuant to this section may reflect such costs.(Top of Page) §617.14 INDIVIDUAL AGENCY PROCEDURES TO IMPLEMENT SEQR. (a)Article 8 of the Environmental Conservation Law requires all agencies to adopt and publish, after public hearing, any additional procedures that may be necessary for them to implement SEQR. Until an agency adopts these additional procedures, its implementation of SEQR will be governed by the provisions of this Part. If an agency rescinds its additional SEQR procedures, it will continue to be governed by this Part. The agency must promptly notify the commissioner, and the commissioner shall publish a notice in the ENB, of the adoption of additional procedures or the rescission of agency SEQR procedures. (b) To the greatest extent possible, the procedures prescribed in this Part must be incorporated into existing agency procedures. An agency may by local law, code, ordinance, executive order, resolution or regulation vary the time periods established in this Part for the preparation and review of SEQR documents, and for the conduct of public hearings, in order to coordinate the SEQR environmental review process with other procedures relating to the review and approval of actions. Such time changes must not impose unreasonable delay. Individual agency procedures to implement SEQR must be no less protective of environmental values,public participation and agency and judicial review than the procedures contained in this Part. This Part supersedes any SEQR provisions promulgated or enacted by an agency that are less protective of the environment. (c) Agencies may find it helpful to seek the advice and assistance of other agencies, groups and persons on SEQR matters, including the following: 33 } State Environmental Quality Review Act (1) advice on preparation and review of EAF's; (2) recommendations on the significance or non-significance of actions; (3)preparation and review of EISs and recommendations on the scope, adequacy, and contents of EISs; (4)preparation and filing of SEQR notices and documents; (5) conduct of public hearings; and (6)recommendations to decisionmakers. (d) Agencies are strongly encouraged to enter into cooperative agreements with other agencies regularly involved in carrying out or approving the same actions for the purposes of coordinating their procedures. (e)All agencies are subject to the lists of Type I and Type II actions contained in this Part, and must apply the criteria provided in subdivision 617.7(c) of this Part. In addition, agencies may adopt their own lists of Type I actions, in accordance with section 617.4 of this Part and their own lists of Type II actions in accordance with section 617.5 of this Part. (f) Every agency that adopts,has adopted or amends SEQR procedures must, after public hearing, file them with the commissioner, who will maintain them to serve as a resource for agencies and interested persons. The commissioner will provide notice in the ENB of such procedures upon filing. All agencies that have promulgated their own SEQR procedures must review and bring them into conformance with this Part. Until agencies do so, their procedures,where inconsistent or less protective, are superseded by this Part. (g)A local agency may designate a specific geographic area within its boundaries as a critical environmental area(CEA). A state agency may also designate as a CEA a specific geographic area that is owned or managed by the state or is under its regulatory authority. Designation of a CEA must be preceded by written public notice and a public hearing. The public notice must identify the boundaries and the specific environmental characteristics of the area warranting CEA designation. (1) To be designated as a CEA, an area must have an exceptional or unique character covering one or more of the following: (i) a benefit or threat to human health; (ii) a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); (iii) agricultural, social, cultural, historic, archaeological,recreational, or educational values; or 34 State Environmental Quality Review Act (iv) an inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. (2)Notification that an area has been designated as a CEA must include a map at an appropriate scale to readily locate the boundaries of the CEA,the written justification supporting the designation, and proof of public hearing and, must be filed with: (i)the commissioner; (ii) the appropriate regional office of the department; (iii) any other agency regularly involved in undertaking, funding or approving actions in the municipality in which the area has been designated. (3) This designation shall take effect 30 days after filing with the commissioner. Each designation of a CEA must be published in the ENB by the department and the department will serve as a clearinghouse for information on CEAs. (4)Following designation, the potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of environmental concern and must be evaluated in the determination of significance prepared pursuant to Section 617.7 of this Part. (Top of Page) §617.15 ACTIONS INVOLVING A FEDERAL AGENCY . (a)When a draft and final EIS for an action has been duly prepared under the National Environmental Policy Act of 1969, an agency has no obligation to prepare an additional EIS under this Part,provided that the federal EIS is sufficient to make findings under section 617.11 of this Part. However, except in the case of Type II actions listed in section 617.5 of this Part,no involved agency may undertake, fund or approve the action until the federal final EIS has been completed and the involved agency has made the findings prescribed in section 617.11 of this Part. (b)Where a finding of no significant impact(FNSI) or other written threshold determination that the action will not require a federal impact statement has been prepared under the National Environmental Policy Act of 1969,the determination will not automatically constitute compliance with SEQR. In such cases, state and local agencies remain responsible for compliance with SEQR. (c) In the case of an action involving a federal agency for which either a federal FNSI or a federal draft and final EIS has been prepared, except where otherwise required by law, a final decision by a federal agency will not be controlling on any state or local agency decision on the action, but may be considered by the agency. (Top of Page) §617.16 CONFIDENTIALITY 35 State Environmental Quality Review Act When a project sponsor submits a completed EAF, draft or final EIS, or otherwise provides information concerning the environmental impacts of a proposed project, the project sponsor may request, consistent with the Freedom of Information Law (FOIL), article 6 of the Public Officers Law, that specifically identified information be held confidential. Prior to divulging any such information, the agency must notify the applicant of its determination of whether or not it will hold the information confidential. (Top of Page) §617.17 REFERENCED MATERIAL. The following referenced documents have been filed with the New York State Department of State. The documents are available from the Superintendent of Documents,U.S. Government Printing Office, Washington, DC 20402 and for inspection and copying at the Department of Environmental Conservation, 625 Broadway, Albany,New York 12233-1750. (a)National Register of Historic Places, (1994), 36 Code of Federal Regulation(CFR)Parts 60 and 63. (b)Register Of National Natural Landmarks,(1994), 36 Code of Federal Regulation(CFR)Part 62. (Top of Page) §617.18 SEVERABILITY If any provision of this Part or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this Part or the application to other persons and circumstances.(Top of Page) §617.19 EFFECTIVE DATE. This Part, as revised, applies to actions for which a determination of significance has not been made prior to January 1, 1996. Actions for which a determination of significance has been made prior to January 1, 1996 must comply with Part 617 effective June 1, 1987.(Top of Page) §617.20 APPENDICES Appendices A, B and C are model environmental assessment forms which may be used to satisfy this Part or may be modified in accordance with sections 617.2 and 617.14 of this Part.(Top of Page) [Top of page.] 36 State Environmental Quality Review Act negative declaration must then be prepared, filed and published in accordance section 617.12 of this Part. (ii) The last date for preparation and filing of the final EIS may be extended: ('a') if it is determined that additional time is necessary to prepare the statement adequately; or ('b') if problems with the proposed action requiring material reconsideration or modification have been identified. (6) When the lead agency has completed a final EIS, it must prepare, file and publish a notice of completion of the final EIS and file copies of the final EIS in accordance with section 617.12 of this Part. (7) Supplemental EISs. (i) The lead agency may require a supplemental EIS, limited to the specific significant adverse environmental impacts not addressed or inadequately addressed in the EIS that arise from: ('a') changes proposed for the project; or ('b')newly discovered information; or ('c') a change in circumstances related to the project. (ii) The decision to require preparation of a supplemental EIS, in the case of newly discovered information,must be based upon the following criteria: ('a') the importance and relevance of the information; and ('b')the present state of the information in the EIS. (iii) If a supplement is required, it will be subject to the full procedures of this Part. (b) Environmental impact statement content. (1) An EIS must assemble relevant and material facts upon which an agency's decision is to bee made. It must analyze the significant adverse impacts and evaluate all reasonable alternatives. EISs must be analytical and not encyclopedic. The lead agency and other involved agencies must cooperate with project sponsors who are preparing EISs by making available to them information contained in their files relevant to the EIS. (2) EISs must be clearly and concisely written in plain language that can be read and understood by the public. Within the framework presented in paragraph 617.9(b)(5) of this subdivision, EISs should address only those potential significant adverse environmental impacts that can be 24 State Environmental Quality Review Act reasonably anticipated and/or have been identified in the scoping process. EISs should not contain more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts. Highly technical material should be summarized and, if it must be included in its entirety, should be referenced in the statement and included in an appendix. (3) All draft and final EISs must be preceded by a cover sheet stating: (i)whether it is a draft or final EIS; (ii)the name or descriptive title of the action; (iii)the location(county and town, village or city) and street address, if applicable, of the action; (iv)the name and address of the lead agency and the name and telephone number of a person at the agency who can provide further information; (v)the names of individuals or organizations that prepared any portion of the statement; (vi)the date of its acceptance by the lead agency; and (vii) in the case of a draft EIS, the date by which comments must be submitted. (4) A draft or final EIS must have a table of contents following the cover sheet and a precise summary which adequately and accurately summarizes the statement. (5) The format of the draft EIS may be flexible; however, all draft EISs must include the following elements: (i) a concise description of the proposed action, its purpose, public need and benefits, including social and economic considerations; (ii) a concise description of the environmental setting of the areas to be affected, sufficient to understand the impacts of the proposed action and alternatives; (iii) a statement and evaluation of the potential significant adverse environmental impacts at a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence. The draft EIS should identify and discuss the following only where applicable and significant: ('a')reasonably related short-term and long-term impacts, cumulative impacts and other associated environmental impacts; ('b')those adverse environmental impacts that cannot be avoided or adequately mitigated if the proposed action is implemented; 25 c State Environmental Quality Review Act . ('c') any irreversible and irretrievable commitments of environmental resources that would be associated with the proposed action should it be implemented; ('d') any growth-inducing aspects of the proposed action; ('e') impacts of the proposed action on the use and conservation of energy(for an electric generating facility, the statement must include a demonstration that the facility will satisfy electric generating capacity needs or other electric systems needs in a manner reasonably consistent with the most recent state energy plan); ('f) impacts of the proposed action on solid waste management and its consistency with the state or locally adopted solid waste management plan; ('g') impacts of public acquisitions of land or interests in land or funding for non-farm development on lands used in agricultural production and unique and irreplaceable agricultural lands within agricultural districts pursuant to subdivision(4) of section 305 of article 25-AA of the Agriculture and Markets Law; and ('h') if the proposed action is in or involves resources in Nassau or Suffolk Counties, impacts of the proposed action on, and its consistency with, the comprehensive management plan for the special groundwater protection area program as implemented pursuant to article 55 or any plan subsequently ratified and adopted pursuant to article 57 of the Environmental Conservation Law for Nassau and Suffolk counties; (iv) a description of the mitigation measures; (v) a description and evaluation of the range of reasonable alternatives to the action that are feasible, considering the objectives and capabilities of the project sponsor. The description and evaluation of each alternative should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The range of alternatives must include the no action alternative. The no action alternative discussion should evaluate the adverse or beneficial site changes that are likely to occur in the reasonably foreseeable future, in the absence of the proposed action. The range of alternatives may also include, as appropriate, alternative: ('a') sites; ('b')technology; ('c') scale or magnitude; ('d') design; ('e') timing; ('f) use; and 26 State Environmental Quality Review Act ('g') types of action. For private project sponsors, any alternative for which no discretionary approvals are needed may be described. Site alternatives may be limited to parcels owned by, or under option to, a private project sponsor; (vi) for a state agency action in the coastal area the action's consistency: with the applicable coastal policies contained in 19 NYCRR 600.5; or when the action is in an approved local waterfront revitalization program area,with the local program policies; (vii) for a state agency action within a heritage area or urban cultural park, the action's consistency with the approved heritage area management plan or the approved urban cultural park management plan; (viii) a list of any underlying studies,reports, EISs and other information obtained and considered in preparing the statement including the final written scope. (6) In addition to the analysis of significant adverse impacts required in subparagraph 617.9(b)(5)(iii) of this section, if information about reasonably foreseeable catastrophic impacts to the environment is unavailable because the cost to obtain it is exorbitant, or the means to obtain it are unknown, or there is uncertainty about its validity, and such information is essential to an agency's SEQR findings, the EIS must: (i) identify the nature and relevance of unavailable or uncertain information; (ii)provide a summary of existing credible scientific evidence, if available; and (iii) assess the likelihood of occurrence, even if the probability of occurrence is low, and the consequences of the potential impact, using theoretical approaches or research methods generally accepted in the scientific community. This analysis would likely occur in the review of such actions as an oil supertanker port, a liquid propane gas/liquid natural gas facility, or the siting of a hazardous waste treatment facility. It does not apply in the review of such actions as shopping malls,residential subdivisions or office facilities. (7)A draft or final EIS may incorporate by reference all or portions of other documents, including EISs that contain information relevant to the statement. The referenced documents must be made available for inspection by the public within the time period for public comment in the same places where the agency makes available copies of the EIS. When an EIS incorporates by reference, the referenced document must be briefly described, its applicable findings summarized, and the date of its preparation provided. (8)A final EIS must consist of: the draft EIS, including any revisions or supplements to it; copies or a summary of the substantive comments received and their source (whether or not the comments were received in the context of a hearing); and the lead agency's responses to all substantive comments. The draft EIS may be directly incorporated into the final EIS or may be incorporated by reference. The lead agency is responsible for the adequacy and accuracy of the final EIS, regardless of who prepares it. All revisions and supplements to the draft EIS must be specifically indicated and identified as such in the final EIS. (Top of Page) 27 State Environmental Quality Review Act §617.10 GENERIC ENVIRONMENTAL IMPACT STATEMENTS. (a) Generic EISs may be broader, and more general than site or project specific EISs and should discuss the logic and rationale for the choices advanced. They may also include an assessment of specific impacts if such details are available. They may be based on conceptual information in some cases. They may identify the important elements of the natural resource base as well as the existing and projected cultural features,patterns and character. They may discuss in general terms the constraints and consequences of any narrowing of future options. They may present and analyze in general terms a few hypothetical scenarios that could and are likely to occur. A generic EIS may be used to assess the environmental impacts of: (1) a number of separate actions in a given geographic area which, if considered singly,may have minor impacts,but if considered together may have significant impacts; or (2) a sequence of actions, contemplated by a single agency or individual; or (3) separate actions having generic or common impacts; or (4) an entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans, development plans, zoning regulations or agency comprehensive resource management plans. (b) In particular agencies may prepare generic EISs on the adoption of a comprehensive plan prepared in accordance with subdivision 4, section 28-a of the General City Law; subdivision 4, section 272-a of the Town Law; or subdivision 4, section 7- 722 of the Village Law and the implementing regulations. Impacts of individual actions proposed to be carried out in conformance with these adopted plans and regulations and the thresholds or conditions identified in the generic EIS may require no or limited SEQR review as described in subdivisions (c) and(d) of this section. (c) Generic EISs and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved, including requirements for any subsequent SEQR compliance. This may include thresholds and criteria for supplemental EISs to reflect specific significant impacts, such as site specific impacts, that were not adequately addressed or analyzed in the generic EIS. (d) When a final generic EIS has been filed under this part: (1)No further SEQR compliance is required if a subsequent proposed action will be carried out in conformance with the conditions and thresholds established for such actions in the generic EIS or its findings statement; (2) An amended findings statement must be prepared if the subsequent proposed action was adequately addressed in the generic EIS but was not addressed or was not adequately addressed in the findings statement for the generic EIS; 28 State Environmental Quality Review Act (3)A negative declaration must be prepared if a subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action will not result in any significant environmental impacts; (4) A supplement to the final generic EIS must be prepared if the subsequent proposed action was not addressed or was not adequately addressed in the generic EIS and the subsequent action may have one or more significant adverse environmental impacts. (e) In connection with projects that are to be developed in phases or stages, agencies should address not only the site specific impacts of the individual project under consideration, but also, in more general or conceptual terms, the cumulative impacts on the environment and the existing natural resource base of subsequent phases of a larger project or series of projects that may be developed in the future. In these cases, this part of the generic EIS must discuss the important elements and constraints present in the natural and cultural environment that may bear on the conditions of an agency decision on the immediate project. (Top of Page) §617.11 DECISION-MAKING AND FINDINGS REQUIREMENTS. (a) Prior to the lead agency's decision on an action that has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period(not less than 10 calendar days) in which to consider the final EIS before issuing its written findings statement. If a project modification or change of circumstance related to the project requires a lead or involved agency to substantively modify its decision, findings may be amended and filed in accordance with subdivision 617.12(b) of this Part. (b) In the case of an action involving an applicant, the lead agency's filing of a written findings statement and decision on whether or not to fund or approve an action must be made within 30 calendar days after the filing of the final EIS. (c)No involved agency may make a final decision to undertake, fund, approve or disapprove an action that has been the subject of a final EIS, until the time period provided in subdivision 617.11(a) of this section has passed and the agency has made a written findings statement. Findings and a decision may be made simultaneously. (d) Findings must: (1) consider the relevant environmental impacts, facts and conclusions disclosed in the final EIS; (2) weigh and balance relevant environmental impacts with social, economic and other considerations; (3)provide a rationale for the agency's decision; (4) certify that the requirements of this Part have been met; 29 State Environmental Quality Review Act (5) certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable. (e)No state agency may make a final decision on an action that has been the subject of a final EIS and is located in the coastal area until the agency has made a written finding that the action is consistent with applicable policies set forth in 19 NYCRR 600.5. When the Secretary of State has approved a local government waterfront revitalization program,no state agency may make a final decision on an action, that is likely to affect the achievement of the policies and purposes of such program, until the agency has made a written finding that the action is consistent to the maximum extent practicable with that local waterfront revitalization program. (Top of Page) §617.12 DOCUMENT PREPARATION, FILING, PUBLICATION AND DISTRIBUTION. The following SEQR documents must be prepared, filed,published and made available as prescribed in this section. (a) Preparation of documents. (1) Each negative declaration,positive declaration, notice of completion of an EIS, notice of hearing and findings must state that it has been prepared in accordance with article 8 of the Environmental Conservation Law and must contain: the name and address of the lead agency; the name, address and telephone number of a person who can provide additional information; a brief description of the action; the SEQR classification; and, the location of the action. (2) In addition to the information contained in paragraph(a)(1) of this subdivision: (i)A negative declaration must meet the requirements of subdivision 617.7(b) of this Part. A conditioned negative declaration must also identify the specific conditions being imposed that have eliminated or adequately mitigated all significant adverse environmental impacts and the period, not less than 30 calendar days, during which comments will be accepted by the lead agency. (ii) A positive declaration must identify the potential significant adverse environmental impacts that require the preparation of an EIS and state whether scooping will be conducted. (iii)A notice of completion must identify the type of EIS (draft, final, supplemental, generic) and state where copies of the document can be obtained. For a draft EIS the notice must include the period(not less than 30 calendar days from the date of filing or not less than 10 calendar days following a public hearing on the draft EIS) during which comments will be accepted by the lead agency. 30 • State Environmental Quality Review Act (iv) A notice of hearing must include the time, date,place and purpose of the hearing and contain a summary of the information contained in the notice of completion. The notice of hearing may be combined with the notice of completion of the draft EIS. (v)Findings must contain the information required by subdivisions 617.11(d) and(e) of this Part. (b) Filing and distribution of documents. (1)A Type I negative declaration, conditioned negative declaration,positive declaration,notice of completion of an EIS, EIS, notice of hearing and findings must be filed with: (i)the chief executive officer of the political subdivision in which the action will be principally located; (ii)the lead agency; (iii) all involved agencies (see also paragraph 617.6(b)(3)) of this Part; (iv) any person who has requested a copy; and (v) if the action involves an applicant,with the applicant. (2) A negative declaration prepared on an Unlisted action must be filed with the lead agency. (3)All SEQR documents and notices, including but not limited to, EAFs,negative declarations, positive declarations, scopes, notices of completion of an EIS, EISs,notices of hearing and findings must be maintained in files that are readily accessible to the public and made available on request. (4) The lead agency may charge a fee to persons requesting documents to recover its copying costs. (5)If sufficient copies of the EIS are not available to meet public interest, the lead agency must provide an additional copy of the documents to the local public library. 6)A copy of the EIS must be sent to the Department of Environmental Conservation,Division of Environmental Permits, 625 Broadway, Albany,NY 12233-1750. (7)For state agency actions in the coastal area a copy of the EIS must be provided to the Secretary of State. (c) Publication of notices. (1)Notice of a Type I negative declaration, conditioned negative declaration, positive declaration and completion of an EIS must be published in the Environmental Notice Bulletin (ENB) in a manner prescribed by the department. Notice must be provided by the lead agency 31 - 4 CITY OF ITHACA v~% {a . 108 East Green Street 3rd Floor Ithaca,New York 14850-5690 iml I DEPARTMENT OF PLANNING AND DEVELOPMENT H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 TO: Members, Planning and Economic Development Committee FROM: JoAnn Cornish, Deputy Director of Planning and Development DATE: June 12, 2003 RE: Zoning Concept Memo for the Gun Hill Development The Ithaca Gun Company building has stood empty on East Hill for over 10 years. It is a major visual landmark on East Hill and a major part of Ithaca's industrial past. The site has lead contamination as well as some other possible contaminants. A developer, Fall Creek Redevelopment LLC, is interested in redeveloping the site and the developer recognizes the historic significance and natural beauty of the site with its breathtaking view of Ithaca Falls. The developer has brought in an architect who specializes in the adaptive re-use of historic buildings. This architect has successfully converted a number of abandoned buildings that are on the Historic Register, which were formally used as tobacco drying facilities and processing plants. Staff has been working with the potential buyer for almost two years reviewing concept plans, clean-up plans, zoning issues, and deed restriction issues, among other things. The redevelopment of this site was undertaken with knowledge of the difficult environmental issues involved. The negotiations for the resolution of the environmental issues have been arduous and expensive, including environmental testing, legal and architectural fees. The environmental cleanup is nearing completion. Fall Creek Redevelopment LLC is a signatory to both federal and state voluntary agreements providing for ongoing environmental responsibility for the site. At this time, the developer is proposing a mixed-use project including the possibility of residential condominiums, a small restaurant and a meeting facility. The site is currently zoned Industrial, which does not allow for residential use and is clearly inconsistent with surrounding uses. The developer is seeking to have the site rezoned to a B-2a Zoning District which would allow the types of uses, including residential, that are proposed to be included in the project. In addition to meetings with Planning Staff, the developer has also met with members of the Natural Areas Commission and neighbors on several occasions. The overwhelming sentiment expressed was creating public access to the "island"on the edge of the gorge directly above the falls. Fall Creek Redevelopment LLC has made a commitment to the city to provide access for the public to visit this site and appreciate the beauty of the falls from a unique perspective. The developer has indicated his willingness to provide public "An Equal Opportunity Employer with a commitment to workforce diversification." if) access, including providing parking, for this use. Improvements will be made on the "island"of land adjacent to the gorge. These improvements will be done in consultation with interested citizens, the Fall Creek neighborhood association and the Natural Areas Commission in order to achieve a community wide vision for this area of land. The gorge side access will be designed to achieve ADA accessibility. The above commitment represents a very substantial initial cost to the developer and ongoing maintenance and insurance expenses Because the site is so narrow and in order to provide public access to the gorge rim, the footprint of the proposed building must be substantially reduced in square footage. After analyzing this reduction, the developer has determined that the height of the building needs to be increased in order to make the project financially feasible. By rezoning the site from Industrial to B-2a, the allowable height would be increased from 40 feet to 70 feet. The economic viability of this project depends on achieving a building consisting of 5 levels of living space. The B-2A zone should accommodate this constraint, although depending on average grade determinations; it is possible that the building height may exceed the 70-foot limit slightly. Traffic impacts on the neighborhood should be less with this use than with many other possible uses. All parking for residents of the building will be in a parking deck located underneath the building itself. With the go ahead from this Committee, staff will begin the environmental review and distribution for the project. Included in this review will be an analysis of the impacts, if any, of the increase in height on surrounding properties. MapPage Page 1 of 1 IN/ill • -P O ix 1 IIjp^ ti I AR D WAY \ ' _ LOOP .if a.0,-., 6;":1:.::.:st":"":,'',A'' :9. Y X - k..:" J . om � N • • A KP. ST �� r LONG:-76.493 LAT:42.'521 Please click File and Pri• to print this map, then use your browser' sack button to return to the previous page. 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