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HomeMy WebLinkAbout08-20-2003 Planning & Economic Dev. Committee Meeting Agenda MEETING NOTICE City of Ithaca Planning& Economic Development Committee Wednesday,August 20,2003 Common Council Chambers City Hall-- 108 East Green Street 7:30 p.m. Agenda A. Agenda Review B. Public Comment and Response C. Reports - Committee Members, Chair, Mayor, Planning Director D. Issues 1. CEQR-SEQR- Resolutions (materials enclosed) 30 minutes 2. Ithaca Gun Site Redevelopment- Update (materials enclosed) 20 minutes 3. Planned Unit Development (PUD) Zoning Ordinance Amendment Concept Memo (materials enclosed) 20 minutes 4. Downtown Development 1 hour a. Preferred Developer- Resolution (material enclosed) b. Cayuga Green & Creek Walk- Progress Report c. Cayuga Green Capital Project Concept Memo -Discussion(material enclosed) F. Possible Motion to Enter into Executive Session - To discuss possible property acquisition G. 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, August 19, 2003. -off 1THa CITY OF ITHACA D1 01,4 ``^"io's oe. 108 East Green Street 3rd Floor Ithaca,New rFITI, I'fGTll ' y u_ �nr00 DEPARTMENT OF PLANNING AND DEVELOPMENT 'coq••............:�0. !opgw7E0_ 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 TO: Fonservaton Advisory Council Fax: 607-274-6558 Planning and Economic Development Committee FROM: JoAnn Cornish,Deputy Director of Planning and Development DATE: August 13, 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 for 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 eliminate 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 extent of review typically required for projects of various scale and impact in the City of Ithaca. Staff also recommends that Common Council 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. Enclosed please find a Short Environmental Assessment Form for the proposed revisions. This packet has been circulated to the Conservation Advisory Council and the Planning and Development Board. No significant environmental impacts are anticipated as a result of this action, therefore a negative declaration of environmental impact is recommended. Enclosed for your consideration are draft resolutions for lead agency, environmental significance, and adoption. Please feel free to contact me at 274-6550 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 MEETING NOTICE City of Ithaca Planning& Economic Development Committee Wednesday,August 20,2003 Common Council Chambers City Hall-- 108 East Green Street 7:30 p.m. Agenda A. Agenda Review B. Public Comment and Response C. Reports - Committee Members, Chair, Mayor, Planning Director D. Issues 1. CEQR-SEQR- Resolutions (materials enclosed) 30 minutes 2. Ithaca Gun Site Redevelopment-Update (materials enclosed) 20 minutes 3. Planned Unit Development(PUD) Zoning Ordinance Amendment Concept Memo (materials enclosed) 20 minutes 4. Downtown Development 1 hour a. Preferred Developer- Resolution(material enclosed) b. Cayuga Green& Creek Walk- Progress Report c. Cayuga Green Capital Project Concept Memo -Discussion(material enclosed) F. Possible Motion to Enter into Executive Session - To discuss possible property acquisition G. 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, August 19, 2003. 8/13/03 Draft Resolution: Declaration of Lead Agency for the Adoption of the Proposed Revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the revisions to the City's Environmental Quality Review Ordinance is an "Unlisted" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore,be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) q:lplanninglprojectslcegro revisionslresolution-lead agency cegro revision8-13-03.doc 08/13/03 1 T ,, CITY OF ITHACA D1 .11.es 108 East Green Street 3rd Floor Ithaca,New' { II'GTTI,�I;(�Fll I' .%I JU TTTI . J_ - , DEPARTMENT OF PLANNING AND DEVELOPMENT PoAA1E0_ 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 TO: F onserva on Advisory Council Fax: 607-274-6558 Planning and Economic Development Committee FROM: JoAnn Cornish, Deputy Director of Planning and Development DATE: August 13, 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 for 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 eliminate 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 extent of review typically required for projects of various scale and impact in the City of Ithaca. Staff also recommends that Common Council 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. Enclosed please find a Short Environmental Assessment Form for the proposed revisions. This packet has been circulated to the Conservation Advisory Council and the Planning and Development Board. No significant environmental impacts are anticipated as a result of this action, therefore a negative declaration of environmental impact is recommended. Enclosed for your consideration are draft resolutions for lead agency, environmental significance, and adoption. Please feel free to contact me at 274-6550 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 8/13/03 Draft Resolution: Proposed Adoption of Revisions to the City of Ithaca's Environmental Quality Review Ordinance-Determination of Environmental Significance WHEREAS, the City of Ithaca is considering a proposal to adopt revisions to its Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Short Environmental Assessment Forms (SEAF), and WHEREAS, this revision has been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an Unlisted Action under the City Environmental Quality Review Act(CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the SEAF prepared by planning staff and has determined that the adoption of the proposed revisions will not have a significant effect on the environment; now, therefore,be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Short Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. 8/13/03 Draft Resolution: Adoption of the Revisions to the City of Ithaca Environmental Quality Review Ordinance (CEQR) WHEREAS, the City of Ithaca Environmental Quality Review Ordinance (CEQRO) currently differs from the State Environmental Quality Review Act (SEQR) in many ways, and WHEREAS, the City of Ithaca Common Council recognizes that many of these differences are minor and consist of discrepancies in numbering and format, and WHEREAS, these minor discrepancies cause confusion in applicants and project sponsors seeking to comply with both laws for projects in the City of Ithaca, and WHEREAS, the existing ordinance contains conflicts between the State Type II actions and the City of Ithaca type I actions, and revisions have been made in an effort to eradicate these conflicts, and WHEREAS, the required public hearing has been held for the adoption of these CEQR revisions on September 3, 2003, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on September 3, 2003, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and, now be it RESOLVED, That the City of Ithaca Common Council hereby adopts the revised City Environmental Quality Review Ordinance. Q:IPLANNINGIPROJECTSICEQRO Revisions I Resolution-Adoption.doc State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information City Environmental Quality Review To Be Completed By Applicant In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Yes No 1.Will project result in a large physical change to the project site or physically alter more than one acre of land? X 2.Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state X agency? 3.Will the project alter or have any effect on an existing waterway? X 4.Will the project have an impact on groundwater quality? X 5.Will the project affect drainage flow on adjacent sites? X 6.Will the project affect any threatened or endangered plant or animal species? X 7.Will the project result in an adverse effect on air quality? X 8.Will the project have an effect on visual character of the community or scenic views or X vistas known to be important to the community: 9.Will the project adversely impact any site or structure of historic,pre-historic,or paleontological importance or any site designated a local landmark or in a landmark X district? 10.Will the project have an effect on existing or future recreational opportunities? X 11.Will the project result in traffic problems or cause a major effect to existing X transportation systems? 12.Will the project cause objectionable odors,noise, glare,vibration, or electrical disturbance as a result of the project's operation during construction or after X completion? 13.Will the project have any impact on public health or safety? X 14.Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one-year period OR have a X negative effect on the character of the community or neighborhood? 15.Is there public controversy concerning the project? X If any question has been answered YES,a completed Long Environmental Assessment Form (LEAF) is necessary. PREPARER'S SIGNATURE:' , .~4IR 0 4 p' f /d PREPARER'S TITLE: Eco 5mic D-/:-lopment Ph i e REPRESENTING: ity of Ithaca 1 SEAF Part I • PART II-ENVIRONMENTAL ASSESSMENT(To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? Yes X No If Yes,coordinate the review process and use the Full Environmental Assessment Form(EAF). B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN jX Yes No 6 NYCRR PART 617.6? If No,a negative declaration may be superceded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: ) No Cl. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosion,drainage or flooding problems? Explain briefly: N/A C2. Aesthetic agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character? Explain briefly.N/A C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly: N/A C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain briefly: N/A C5. Growth,subsequent development,or related activities likely to be induced by the proposed action: Explain briefly: N/A C6. Long term,short term,cumulative,or other effects not identified in C1-C%? Explain briefly: N/A C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly: N/A D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTIC THAT Yes X No CAUSED THE ESTABLISHMENT OF A CEA? E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE Yes X No ENVIRONMENTAL IMPACTS? If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring; (c)duration;(d)irreversibility;(e)geographic scope;and(f)magnitude.If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked YES,the determination and significance must evaluate the potential impact of the proposed actin on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. X Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments,as necessary, the reasons supporting this determination. Citvof Ithaca Lead Agency Alan J.Cohen Mayor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer in Lead Agency 2 SEAF Parts II and III ..yy '1 ;, Q:\PLANNINGISTAFF■Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.doc e:.' . i. _ _ .-- - • • - - • - e • e 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- 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 176-19 20 of this chapterEN). 5. Examples of actions and classes of actions which are likely to require an EIS (§ 176-12 4 of this chapter) and those which will not require an EIS (§ 176-13 5 of this chapter). 1 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANN-I 4G\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 including but not limited to funding activities such is proposal, approval or disapproval of contracts, grants, subsidies, loans, tax abatements or exemptions or other forms of direct and indirect financial assistance; or 3. Require one or more new or modified approvals from an agency or agencies stieh as the proposal, approval or disapproval of a lease, permit, license, certificate or other 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 § 176-61 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 { Q:\PLANNING\STAFF\Kate\CEOR\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.) Any unlisted action located in a 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 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--1-9-20 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. A-nA"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 responsible for the preparation of the final EIS. An EIS may also be generic in accordance with § 176-1-5-10 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 § 176-16 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 • ' -- . . - : . - . . • : •. • - • -- . • -! • - - •• - - - - - - 3 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc federal participation, either a draft EIS or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969. B. An action requiring a certificate of environmental compatibility and public need under Article VII or Vu -of the Public Service Law and the consideration of, granting or denying of any such certificate. EXEMPT ACTION Any ene of the following: A. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular coof action specifically required to be undertaken pursuant to a 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 facility. D. Emergency actions which 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 emergency has expired is fully subject to the review procedures of this chapter. E. Actions of the Legislature of the State of New York or of any court. Actions of the Common Council are not exempt. 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 certifies that the CEQR requirements have been met and provides written support for the 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. LMPACT—Any change or effect on anv 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\CEQR\CEQR 05-16-03 revisions -- Kate and. Thys.docQ:\PLANNTh G\STAFF\Kate\CEQR\CEQR 5 12 03.doc 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. although such law may require, in some degree, a construction of its language or intent,provided that "ministerial act" shall not include the issuance of any building or significant expansion of any existing structure or facility for any project occurring wholly or partially within 100 feet of any special resource area listed in § 176 12B(1)(1) of this chapter or within 100 feet of any critical environmental area. 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 §§ 176-6H 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 §§. 176-48B 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:\PLANN 4G�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 to minimize or eliminate adverse impacts and the identification of nonrelevant issues. Scoping is intended to promote the efficiency of the lead agency's review of the draft EIS, to provide an applicant with guidance on matters which must be considered 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 1I action by any other agency not identifying it as a Type II action in its procedures. UNLISTED ACTION -- All actions not excluded or exempt nor listed as Type I or Type 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 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 effect adverse impact on the environment until a 6 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.doc e:.' ','!, - _ •.- - . . - - e • - e • ! . final EIS and findings statement have has been filed, except as provided under § 176- SE(l)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. Nothing in this chapter shall prevent an agency or an applicant from: (1) Conducting concurrent environmental, engineering, economic, feasibility and formulation of a proposal for action, provided that those activities do not commit the agency to commence, engage in or approve such action. (2) Engaging in review of any part of an application to determine compliance with technical requirements,provided that no such determination shall entitle or permit the applicant to commence the action unless and until all requirements of this chapter have 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 issued€rled or 2. l-A draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance,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 actioni4. 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 § 176-1-5-10 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. N1. 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 oldie consultant's responsibilities. 8 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 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: 1. The adoption of comprehensive land use or resource management plans, zoning ordinances or amendments thereto, including any zoning ordinance or amendment area wide wastewater treatment plants, or local floodplain control plans, 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 10 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:IPLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc (a) A residential development or subdivision of 10 50 or more dwelling units, as that term is defined in § 325-3 of Chapter 325, Zoning, (or demolition thereof). (b) Any other type of residential or lodging facility, dormitory, fraternity, sorority, rooming or boarding house, tourist home or facility, motel, hotel or 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 construction 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 heliports. (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 caravehicles. (d) Multiple-tenant commercial centers with an enclosed floor space of more than 20,00050,000 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, schools and buildings within institutions of higher learning, correction facilities and major office centers (or demolition of any of the foregoing). (f)Road or highway sections. (g)Dams with a downstream hazard of C classification under Environmental Conservation Law (ECL) § 15 0503. (h)(e) Stationary combustion installations operating at a total output exceeding 10,000,000 BTU's per hour. 64(f) Any facility, development or project which, when complete, would generate truck traffic (three-axle or more) of more than 10 10 vehicles per eight-hour period per day. (i)Incinerators operating at a refuse-charging rate exceeding 2.5 tons of refuse per twenty-four-hour day. (k)(g) - - _ . . . •_ • • - - ... . . •'b . 119 ' a b �b J' - - � - - of any liquid fuel. (-1)(h) 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. (n)Any facility, development or project which would generate more than 500 vehicle trips per any eight hour period per day. (e)(i) Any industrial facility(or demolition thereof). (-p4(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. (-s)(1) Bridges (or demolition thereof). (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. (u)(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; 8.Any facility, development or project which is otherwise an unlisted action occurring wholly or partially within 100 feet of any of the following special resource areas: (a)Freshwater wetlands, as defined in Article 24 in the Environmental Conservation Law. (b)Floodplains, as defined in Article 36 of the Environmental Conservation Law. (c)Fall Creek (including its associated gorge and rim area between the outlet of Beebe Lake afid Labe Street), Six Mile Creek (including its associated between Campus Road and Linn Street), Silver Creek (also known as "Cliff Park Brook," including its associated gorge and rim area) and the Cayuga Inlet, along their courses within city boundaries. (4)(a) Unique natural areas as adopted by the Common Council. {-e-}(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 978. 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). 10.Any funding, licensing or planning activities in respect to the types of actions 11.Use of any chemical for deicing, soil stabilization or the control of vegetation, insects or animal life-en the premises of any residential, institutional, commercial or industrial property in excess of 30,000 square feet. 12.9. Clear cutting or removal of woods or vegetation other than agricultural crops from more than 1/2 acre. 13.10. -- .. -• - . .. - - ' - - -- - • . . - . - -- : - than 1/2 acre. § 176-5. Initial ~ of actions.Tvpe II actions. A. Consistent with the state guidelines, Type II actions are deemedactions 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 and do not require the preparation of an EIS or any other determination or procedure under this chapter.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 identities 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 SEQR 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 § 176424. 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 which do not involve capital construction, 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, including upgrading of buildings to meet building or fire codes.i 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. Actions involvin_,granting of individual setback and lot line variances and the 13. Granting of an area variance for a single-family, two-family, or three-family residence 14. Public or private best forestry(silvicultural) management other than removal of 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 effect impact on the environment. 16. Installation of traffic control devices on existing streets, roads and highways • - -. • - . . - fixtures on long stretches. 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:\PLANNNG\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\FL NN G 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 :. . •.- .. -•- . - . _ --- functions and city serviceaagency 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. Routine 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. Promulgation Adoption 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:\PLG\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. 38.37. 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 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docn INNING\STAFF\Kate\CEQR\CEQR 5 '2 03.aoe 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 exempt, an excluded or a Type II action as defined by section 176-5 of CEQR or section 617.5 of SEAR 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§ 176-4-6-15 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 of this chapter. Such preliminary classification will assist in determining whether a full EAF and coordinated review is necessary.(5) For all actions subject to CEQR, determine whether a full or short EAF will be required. 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 that are funded, approved or directly undertaken by an agency 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 § 176-1920, 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.doc!: .' • • '• _ _ •-- - . . - - • • - e • I . B. . . _ , • , .. • . . . . "• . . . signifieanee.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. Lead agency pfeeedur-es when a single agency is involved and the Common . - . - . -.- _ - . •- 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 § 176-6-G-6B7 of this chapter. 4. Time periods for coordinated 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:\PL^ 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--10-12 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) .. . .. •- - -- . . . •- . . - - . ., - action or within 20 calendar days of its receipt of an application and an EAF and other reasonably necessary information, an agency shall make a determination of significance.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 an unlisted action may have a significant effect adverse impact on the environment, coordinated review and notification in accordance with Subsections C and D of this section is tit must coordinate with other involved agencies. (c) When an agency determines that an unlisted action will not have a significant effect en the environment, the coordinated review and notification procedures set forth in Subsections C and D of this section are agency is considered a lead agency when making its determination. 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.docQ:\PLA G\STAFF\Kate\CEQR\CEQR 5 12 03.doc agencies and the project sponsor.applicant. 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 appkantproject 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 s. 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 action will be assessed in connection with its setting, probability of occurring, geographic scope, duration, magnitude, controllability and irreversibility and the number of people affected. 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 desi<enated pursuant to section 1 76-14. 20 o:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNP4G 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,or adopted or with the city's future options. (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) A substantial change in the city's ability to provide services to the proposed 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 effectsimpacts, 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\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.doc e: .• - _ •. - . . - - e • - e • e . (e) Its geographic scope; (f) Its magnitude; and (g) The number of people affected D. Conditioned negative declarations. 1. For unlisted 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) A full EAF has been preparedHas completed a full EAF;. (b) A coordinated review has been completedHas completed a coordinated review in accordance with § 176-6C of this chapter. (c) The CEQR conditions imposed pursuant to § 176 3B of this chapterHas 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 a Notice notice of a CND has been published in the ENB and a minimum thirty-day public comment period after such publication 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) The CND has been prepared and filed in accordance with §§ 176 6H and 176 10A(1)(b) of this chapter.Has complied with § 176-7B and § 176-12A and B of this chapter 2. A draft EIS must be prepared if comments are received regarding the proposed CND which would support a positive declaration concerning: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) The previously identified or newly raised significant environmental impacts; orPotentially significant adverse environmental impacts that were not previously identified and assessed or were inadequately assessed in the review; or (b) The need far the examination of the adequacy of the proposed mitigation measures.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. J,—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:\PLANN G\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 § 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 if it determines that a significant - . • . - - -• - . • . .. ., .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 § 176-12 of this chapter. (2) 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 eempletion of the consultant's responsibilities. (3) 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. § 17648. 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 involves an applicant, either a written scope of issues to be addressed in the draft EIS must be provided by the lead agency to the applicant and all involved agencies within - - -- . . - - - • . Scoping may be accomplished through meeting(s), exchanges of written material or other methods, that will allow the lead agency, the applicant and involved agencies to agree 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.doce: ,' • • - _ •.- - , . - - e . - e • !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 •- .. - -.•-_ . ----- written comments reflecting their agency's concerns, permit jurisdictions and information needs sufficient to make ensure 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_ : - . • -- .• - - .- - 1 - - - -. - of the environmental impacts. E. C. When scoping occurs, the lead agency shall try to identify each relevant issue efficient manner. If the lead agency later determines that issues not included within the involved agencies with a written statement explaining the need for additional 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. Scoping should identify the extent and quality of information needed for the preparer to properly address each concern. Scoping may also be used to determine which issues are not relevant fef fu-rther consideration or have been covered by prior proposed action.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.doc e: .' • '. !, _ . - . . - - e ' - e • e . 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 Ii<mpact 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--1-7---1 3 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 o:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANN1NG STAFF\Kate\CEQR\CEQR 5 12 03.doc days of receipt of the draft EIS, whether to accept it as satisfactory with respect to its scope, content and adequacy-for the purpose of commencing public review. 2. (2) Upon written notice to the applicant, a 1 ad agency may have one additional thirty day period to determine the adequacy of the draft EIS.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 applicant 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 l2and D of this chapter. Agencies shall provide aThe minimum public comment period on the draft EIS, to be not less than 30 calendar 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 an applicantproject 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 raisedidentified; 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)12A 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)12B of this chapter. When a 26 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.doc e: .' '' '!' - _ A - • • - EQR\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 I 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 shall be filed in accordance with § 176-10A(6) and(7)12 of this chapter. 7. Supplemental EIS's. (a) Prior to the filing of a findings statement, tThe lead agency may require a supplemental EIS, limited to specific issues significant adverse environmental impacts not addressed or inadequately addressed in the EIS, in the following eir-cumstancesthat arise from: (1) Changes are proposed for the project which may result in a significant (2) Newly discovered-•- .-- . . S - - ... •;-• - .. - - - which was not previously addressed; or (3) A change in circumstances . = - - . - - - - -• - - - • - . . - - .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.doc9: ' • •1.1!• - _ •-- - , - - e • _ e , ! (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. 2g Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLOININGSTAFF\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 re likely to occur in the reasonably foreseeable future. in the absence of the proposed action. The ranee of alternatives may also include, as appropriate, alternative: (1) 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:\PL NNINC,`�r�TAFF\Kate\CEQR\CEQR 5 12 03.doc (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_fnal 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 he 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 lode 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 cffectsimpacts, or 2. 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. 137—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 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 and shall include procedures and - not been adequately addressed or analyzed in the generic EIS.including requirements for any subsequent CEQR compliance. Such This may procedures shall include provisions for public notice for supplements which allow for public comment on the 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 cffectsimpacts. D. Agencies may-prepare generic E-IS's on new, existing or significant changes to existing land use plans, development plans and zoning regulations so that individual actions carried out in conformance with these plans or regulations may require only supplemental EIS's as described in Subsections B and C of this section. E. _ --- ., . - . -- - 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 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 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 human made cultural environment that may bear on the conditions of an agency decision on the immediate project. § 176911. 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 which has been the subject of a final EIS shall be made within 30 calendar days after the filing of the final EIS. C. C. No involved agency shall make a final decision to eornmenceundertake, engage in,—fund,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 A 176-1 1 A of this section above has passed and the agency has made . : :, - . :. - _ o e - .. - , 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; 3? Q:\PLANNINGISTAFF\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 1the 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 to be carried out, funded or approved is one which minimizes or avoids adverse environmental effects impacts to the maximum extent practicable and that including the effects disclosed in the relevant environmental impact statement.(4) Consistent with social, economic and other essential considerations, to the maximum extend practicable, adverse environmental effects impacts revealed in the environmental impact statement process 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 and indicates the social, economic and other factors and standards which formed the basis of its decision. D. No agency shall make a decision to disapprove an action which has been the subject to a final EIS until it has prepared a written findings statement, in accordance with this section, of the facts and conclusions in the draft and final EIS relied on to support its decision. Such statement shall be filed in accordance with § 176 10C of this chapter. § 1764012. Document preparation, Filing, Publication and Distribution regru4r-ements. The following CEQR documents shall be prepared, filed, published and made available as prescribed in this section: A. Preparation of documents. 1. Negative declarations.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 imnosed 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.doc!: .' • •'•'!• _ _ •.- - . . - - •R\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. O. 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 05-1.6-03 revisions -- Kate and Thys.doc e: .' .:..". - _ - . . - - • . - . . ! 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 interne 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 containing the negative declaration or conditioned negative declaration. Conditioned negative declarations shall be filed in accordance with Type I procedures. all negative declarations for Type I actions. The negative declaration for a Type I action must state that it has been prepared in accordance with this chapter and must contain the name and address of the-lead agency, the-name and telephone number of a person who can provide further information, the location of the action and the determination and documentation required by § 176 6H of this chapter. Notice of all negative declarations for Type I actions shall be published in the ENB in a manner prescribed by the DEC. Agencies may provide for filing of these determinations with agencies which may be affected by the action and provide for public notice by posting on signboards or by other appropriate means. The negative declaration must be filed simultaneously as follows: [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 agency's determination of significance. 35 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions --Kate and Thys.docQ:\PLANIIIG\STAFF\Kate\CEQR\CEQR 5 12 03.doc (2) Positive declarations. Positive declarations for all Type I and unlisted actions must be prepared, filed, published and made available in accordance with this subsection. The positive declaration must state that it has been prepared in accordance with this chapter and must certain the name and address of the lead agency, the name and telephone number of a person who can provide further information, the location of the been identified and the reasons supporting the determination. Agencies must maintain a _ be published in the ENB in a manner prescribed by the DEC. (3) Notices of completion of drat 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: [1] A brief and precise description of the action covered by the statement, its location and the nature of its potential environmental impacts and effects. {2] A statement indicating wher-e and how copies of the draft EIS can be obtained from the lead agency. [3] A statement that comments are requested and will be received and considered by the agency at a given address for a stated period (not less than 30 calendar days from the first filing and circulation of the notice of completion or not less than 10 calendar days following a public hearing at which the environmental impacts of the proposed action are considered, whichever is later). (b) The notice of completion shall be filed as prescribed for negative declarations in draft EIS's in the ENB. (C1) Draft EIS's. The draft EIS, with any appendixes, together with the notice of its completion, shall be filed and made available for copying as follows: (a) One copy with the Commissioner at 50 Wolf Road, Albany, New York 12233 000-1. (b) One copy with the appropriate regional office of the DEC. (c) One copy with the Mayor of the City of Ithaca. (d) If other agencies are involved in the approval of the action, one copy with each such agency. (e) One copy with persons requesting it. The lead agency may charge a fee to persons requesting the statement to ce-ver its copying costs. Where sufficient copies of a statement are not available to meet public interest, the lead agency may provide an additional copy to the local public library.EN 36 Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNTh G\STAFF\Kate\CEQR\CEQR 5 12 03.doc (5) Notices of hearing. A notice of hearing, if the lead agency determines that one is purpose of the hearing and shall contain a summary of the information contained in the notice of completion of the-draft EIS. The notice of hearing shall be filed,published and made available as prescribed in Subsection A(1)(b) of this section. A notice of hearing may be given in the notice of completion of the draft EIS and shall be published at least 14 calendar days in advance of the hearing date in a newspaper of general circulation in the area of the potential impacts and effects of the action. (6) Notices of completion of final EIS's. When a lead agency has determined that a state the name and address of the lead agency and shall contain the items prescribed in prescribed in Subsection A(1)(b) of this section. The DEC shall publish all notices of 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, accepted draft EIS's final EIS's and findings statements in files which are readily C. City environmental quality review findings statements made pursuant to § 176 9 of this chapter must be filed with all involved agencies and the applicant at the time they wed D. Public record of agency decision. For public information purposes, the City Clerk prepared by the lead agency and shall post in appropriate place(s) in City Hall for a period of 30 days all notices of completion, positive declarations, negative declarations and notices of hearings. § 176-713. 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„ provided that such costs do not exceed the amounts allowed under Subsections C and D of this section. An applicant may not be charged a separate fee for both the preparation and review of a 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:\PLAI'FG\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 east-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 costvalue. 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 costsvalue. For those costs to be incurred for phases occurring three or more years after issuance of a permit, the value of projecttotal 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 I 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 in alid. Such appeal procedure shall not interfere with or cause delay in the EIS process or prohibit an action from being undertaken. §176.14 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 SEAR 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.doc e: .' 1.y. —_ •-- - . . - _ e • _ e . '(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) § 1764615. 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 cxcludcd, exempt or 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. § 1764816. Confidentiality. A. Where an plicanta project sponsor submits a completed EAF or draft or final EIS or otherwise provides information concerning the environmental impacts of a proposed project, the applicant 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 upon a showing by the applicant that such request for confidentiality is consistent with the Freedom of Information Law (FOIL), Article 6 of the Public Officer Law. Prior to divulging any such information, the agency must comply with the requirements of FOIL.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 -r Q:\PLANNING\STAFF\Kate\CEQR\CEQR 05-16-03 revisions -- Kate and Thys.docQ:\PLANNING\STAFF\Kate\CEQR\CEQR 5 12 03.doc 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: Septem:ier 20, 1995 EFFECTIVE: January 1.1996 LAST AMENDED June 26, 2000 EFFECTIVE: July 12, 2000 Includes July 2001 DEC Central Office address changes 1 a 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 . 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 interne 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 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, no 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. (f) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II. (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 segunented 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 peiinanent 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 R 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 R • 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 deteiniine 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 deteliiiination 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 inay 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 (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 detetinining 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 f 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(0(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. (0 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 infoimation 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. 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 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 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 Broadh\ay, 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 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 T 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 maybe modified in accordance with sections 617.2 and 617.14 of this Part.(Top of Page) [Top of page.] 36 0-irkq:9 CITY OF ITHACA D2 v~0' ;�•.e'' 108 East Green Street 3rd Floor Ithaca,New�c { I1TU.T)i 'y DEPARTMENT OF PLANNING AND DEVELOPMENT PoR�TFO 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 and Economic Development Committee From: Tim Logue, Neighborhood and Economic Development Planner Jennifer Kusznir, Economic Development Planner Date: August 8, 2003 Subject: Proposal to amend the Comprehensive Plan to add language regarding the development of the former Gun Hill Factory 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 an important part of Ithaca's industrial past. The site, which is bordered by the Fall Creek Gorge, Ithaca Falls and residential uses, is currently zoned industrial, which permits industry, warehousing, wholesaling and all commercial and service uses, however, does not allow for any residential uses. Industrial uses would clearly be inconsistent with the surrounding neighborhoods. It is in the City's best interest to redevelop this site to a use that would support the surrounding residential uses and would not negatively affect the nearby gorge. In March of 2003, the City accepted the Economic Development Plan. This Plan outlines specific recommendations for the reuse of this site by suggesting that existing buildings might be reused for light industry or offices, and that for new construction, apartments, townhouses or office suites would fit into this historic environment if suitable parking could be provided. The exact text from the Economic Development Plan is enclosed. The 1971 City Comprehensive Plan indicated that the industrial uses on the site should be continued. However, since the time that this plan was written the Ithaca Gun Company, which occupied the site for almost 100 years, went into bankruptcy and the surrounding uses have changed significantly. As a consequence, the suggestions of the plan are clearly out of date. City staff has drafted a short report containing recommendations for future use of the site. City staff recommends that the enclosed text be amended to the City's Comprehensive Plan. With the committee's approval, an environmental review with a long environmental assessment form will be completed and this packet will be circulated to the County Planning Department and the following City of Ithaca boards and commissions, the Conservation Advisory Council, the Natural Areas Commission and the Planning and Development Board. If you have any questions, you can reach one of us at 274-6550. An Equal Opportunity Employer with a commitment to workforce diversification." SITE EVALUATION: ANALYSIS AREA K Location: 205 -207 Lake Street(Gun Shop Hill)overlooking Ithaca Falls and Fall Creek. Area: Several separate lots totalling approximately 5 acres.Existing structure has an area of approximately 100,000 sq.ft. Shape: Roughly square Ownership: State Street Associates(SSA and Cornell own one parcel; two additional parcels next to Fall Creek are owned by Cornell. Access: Lake Street Current Use: Formerly the Ithaca Gun factory,now vacant. Assessed Value: $361,600; Cornell parcels, $64,300 Utilities: All utilities available at the site. Zoning: I-1 (Industrial).Permits industry,warehousing,wholesaling and all commercial and service uses. Residences not permitted. Adjacent Uses:* North: Fall Creek Gorge and Ithaca Falls. * East: Housing * South: Gun Hill apartments and other residences. * West: Steep wooded bank down to Fall Creek neighborhood. Environmental Characteristics: * Relatively isolated parcel located near the top of a steep hillside. * Imposing but old industrial structures dominate the visual environment. * Central section terraced into parking lots for adjacent Gun Hill apartments. * Although factory was built to capitalize on waterpower,current relationship between this parcel and Fall Creek is nonfunctional. Recommendations From Previous Studies: * The Ithaca General Plan(1971). Indicated that the industrial use should be continued. Limitations for Future Use: * This rambling collection of older buildings was constructed and has evolved for manufacturing purposes and would be difficult and expensive to convert. * Terms of the current agreement between owner and city, as part of Gun Hill apartment development,preclude use for student housing, hotel or retail commercial space,including restaurant. * Providing additional parking on this site. Existing parking on this site is committed to Gun Hill apartments. * Building in poor condition according to Building Department observations. * Demolition of heavy industrial construction could be expensive. * Potential "brownfield"pollution characteristics from many years of gun manufacturing. Future Use Potential-Positive Characteristics: * Commanding site overlooking Fall Creek and the lake. * Proximity to Cornell campus. * Adjacent to attractive apartment complexes which establish the high- density character of this area. * Smoke stack is an established landmark on the Ithaca skyline. Future Use Potential-Negative Characteristics: * Existing industrial construction could be difficult and expensive to convert to other uses. * The cost of demolishing heavy industrial construction and cleaning up the site could make reuse for most purposes infeasible. * Spaces are large and not easily adaptable to other uses. * Additional parking on this site could be difficult to provide. * Existing structure needs attention to prevent further deterioration. * Potential reuse could be affected if this structure is determined to have historic significance. Plausible Choices: 1. Stabilize building and search for a suitable light industrial use. 2. Remove all existing buildings that would be impractical to rehabilitate and convert remaining buildings into offices or nonstudent housing. 3. Clear site and build an office complex or new up-scale apartments. 4. Clear site and use for neighborhood open space. Recommendations: This dramatic site would appear to have strong redevelopment potential but costs and other limitations might outweigh the opportunities.An engineering analysis would indicate what parts of the existing buildings could be effectively rehabilitated and what should be removed. Light industry or distinctive offices could be effective uses of existing floor space; for new construction,apartments,townhouses or office suites would also fit into this historic environment if suitable parking could be provided.The City's ability to affect the disposition of this site is limited at present. 8/14/2003 Schedule for Amending the Comprehensive Plan MIII Frqq[�[vr'�.''.NvCd 7! 1 Plannin. Committee Mailin. 8/14/2003 Mail Concept Memo and Pro•osed new lan•ua•e X Discussion on the proposed new languge to be added 2 Plannin• Committee Meetin• 8/20/2003 to the corn•rehensive elan Circulate EAF for Comments and Distribute EAF to CAC, Planning Board, County - 3 GML Review 8/21/2003 Plannin• Commissioner, GML Review,etc. Legal Notice for 1st Public Hearing to be printed in - 4 Notice of 1st Public Hearin• 8/29/2003 Ithaca Journal 4 CAC Meetin• 9/8/2003 Discussion and Comments Legal Notice for 2nd Public Hearing to be printed in - 5 Notice of Public Hearin• 9/15/2003 Ithaca Journal 3 Resolutions(neg dec.,dec.of lead agency,dec.to 6 Planning Committee Mailing 9/18/2003 adopt,),concept memo, proposed new language, and Full Environmental Assessment Form,any comments 7 Plannin• Board Meetin• 9/23/2003 Discussion and Comments First Public Hearing on New Language to Comprehensive Plan/ Discussion and 8 Plannin• Committee Meetin• 9/24/2003 Recommendation 3 Resolutions(neg dec.,dec.of lead agency,dec.to 9 Common Council Mailing 9/25/2003 adopt,),concept memo, proposed new language, and Full Environmental Assessment Form, any comments 10 Common Council Meeting 10/1/2003 Public hearing/adoption of new language Documents to be Completed X Concept Memo X Proposed New Language EAF Resolution to declare lead agency NegDec Resolution Resolution to adopt revised ordinance Page 1 of 1 THE FORMER ITHACA GUN FACTORY SITE A Proposal to Amend the City of Ithaca Comprehensive Plan The Site For the purposes of this report, the former Ithaca Gun Factory Site is bounded by Fall Creek on the north, Lake Street on the west, Lake Street on the south, and the current (as of January, 1 2003) zoning boundary between the I-1 Industrial zone and the abutting R-U and R-2a Residential zones on the east. History A summary of the history of the development of the Ithaca Falls area and site of the former Ithaca Gun Factory is provided in Ithaca's Neighborhoods: The Rhine, The Hill, and the Goose Pasture. As Ithaca grew commercially, a variety of enterprises that contributed significantly to local prosperity flourished along Fall Creek. The powerful flow of water over the Ithaca Falls made possible the close location of mills one above another on the southern bank of Fall Creek. Precise details of industries along the creek are not always clear, but grist, plaster, oil, and woolen mills, and iron foundries were all established there. The mills processed local and imported raw materials, producing enough not only for local needs but for shipment outside the region. In 1828 Ithaca exported enough to load 396 canal boats with locally manufactured products such as lumber (5,210,414 board feet), oil (17 barrels), flour (2,626 bushels), and whiskey (1,723 barrels). Other businesses developed nearby, among them coopering, hostelry, and a pottery. The Fall Creek House opened in the mid-1800s as a stagecoach inn and is still in business today. Across Lincoln Street, Ezra Cornell and his brother Elijah built their father a pottery that began producing glazed redware in 1842. Pottery was made there until 1890. The renovated building now contains apartments."' Sanborn Insurance Maps from 1888 show the Ithaca Manufacturing Company occupying the upper part of the hill on Lake Street and the Ithaca Falls Paper Mill on the lower half. Sanborn maps from 1893 show five dwelling units, each two stories tall, facing south along Lake Street. The Ithaca Gun Company, which took over the W. H. Baker and Co. gun factory in the Ithaca Manufacturing Company site in the early 1890s, had expanded from one building to four buildings by 1917. In 1989, when the factory moved its operations out of the city, the building above the falls was closed and has stood vacant ever since. Sisler,Carol U.,Margaret Hobbie,and Jane Marsh Dieckmann,eds.Ithaca's Neighborhoods: The Rhine, The Hill, and the Goose Pasture. Ithaca,NY:DeWitt Historical Society, 1988. Previous Planning To date there has been very little formal planning for the former Ithaca Gun Factory site. The two plans that discuss the site are the 1971 City of Ithaca General Plan and the 1998 City of Ithaca Economic Development Plan. The City of Ithaca General Plan, which was written in 1971 and adopted as the City's comprehensive land use plan, said little about the site. A map entitled Existing Land Use, 1969 shows that at the time the upper part of the site was zoned for industrial use while the lower half of the site was zoned for recreational/green space and institutional, including utilities. A second map, Projected Land Use, 1990, depicts the site as entirely in an industrial use, including warehousing. There is no further reference to the site in any of the descriptions of neighborhood conditions or envisioned future land uses. An Economic Development Plan for the City of Ithaca was written in 1998 and was accepted by the City in March of 2003. This plan recommended that the site be rehabilitated and reoccupied, but acknowledged that constraints, such as the lead contamination and the poor building conditions, would make redevelopment difficult. The area is described as being a commanding site overlooking Fall Creek and the lake, located adjacent to attractive apartment complexes and in close proximity to the Cornell campus. The plan suggests that for existing floor spaces, light industry or offices could be effective uses. It further recommends that for new construction, apartments, townhouses or office suites would also fit into this historic environment if suitable parking could be provided. Existing Conditions USES - Currently, the site is made up of L� two uses. First, the former Ithaca Gun Factory site itself stands abandoned and ' empty. It is currently undergoing a clean > up of contaminated and hazardous materials (see picture at right). Second, a parking lot, just below (west of) the old factory, is used by the Gun Hill apartments, which are located across the street to the south (see picture at right below). : ZONING — The site is currently zoned I- 1, Industrial. This zone is one of the most permissive in Ithaca, with the exception that no residential uses are allowed. The following uses are permitted as of right: 1. Any commercial use allowed in zones B-1, B-2, B-4, and B-5 2. Industrial, warehousing, wholesaling, storage and handling of bulk goods (not including rubbish as defined in Section 196.1 of the City Code), lumberyards, and agriculture except that no animals may be kept within 50 feet of any property line; 3. Transfer station for recyclable materials Any use not permitted in any other zoning district can be located in the I-1 zone, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with Section 325-9 of the City Code and the concurrence of Common Council. SURROUNDING USES — The northern edge of the site is a steep slope running down into the Ithaca Falls gorge to Fall Creek. The falls, downstream creek and surrounding lands were recently designated a City Park. Together, the gorge, creek and falls are a unique natural area, a great source of joy for Ithaca residents and visitors. The soils in this area are currently being remediated by the United States Environmental Protection Agency, which states on its website2, "EPA's assessment of the situation calls for the removal of an estimated 2,370 tons of lead- contaminated soil on the rocky slope between the gun factory buildings and the falls, backfilling the excavated area with clean soil and final site restoration. EPA will begin the cleanup, backfilling and site restoration at the highest point of the former factory property prior to moving downhill along Ithaca Falls Creek. EPA will install slope stabilization areas adjacent to the falls and creek to create a safe working environment and control erosion during the excavation work". Fall Creek is designated as a Wild and Scenic River. To the east of the site, or uphill, there is a mix of public, university, and residential uses. A small, privately owned falls overlook is directly uphill from the site A fraternity building and several grand houses line Willard Way. g �. To the south of the site stands the Gun Hill Apartments, 210 Lake Street, a mix of 93 dwelling units, a small retail convenience store and an office space (see picture at right). The five building complex, ranging from three to five stories, is home primarily, if not exclusively, to students. 2 http://www.epa.gov/region2/news/2002/02020.htm The western edge of the site is the bottom of Lake Street hill. There is a small patch of trees sloping down on the west side of Lake Street into the abutting Fall Creek neighborhood. The surrounding neighborhood is predominantly two and three story houses, which are primarily owner occupied residences with some rental properties. The Fall Creek Elementary School is a block away. Envisioned Future The former Ithaca Gun Factory is a major visual landmark on East Hill and a major part of Ithaca's industrial past. It is located on a commanding site that has major redevelopment potential; however, in order for a developer to be able to successfully reuse this site, there are several obstacles that need to be overcome. The site has lead contamination as well as some other possible contaminants. A developer will first have to deal with the environmental clean up of the site and will then need to develop a project that will be in scale with the surrounding area that will not have a negative effect on the adjacent gorge. The City's first goal for the site should be to insure that its contamination is properly remediated. Since this site has been vacant for such a long time, it has become a target for graffiti and vandalism. Despite its beautiful location and historic buildings, the site has become an eyesore to the nearby residential uses. It is in the City's interest to work toward development of the site, but any development of the site should be sensitive to its history and to the extraordinary natural beauty of its setting. The City of Ithaca Conservation Advisory Council commented at their July 14, 2003 meeting that the site of the Ithaca Gun factory and the surrounding area is perhaps the most unique and environmentally significant building site within City limits, due to its proximity to Ithaca Falls and the adjacent natural area. They further commented that they support mixed-use redevelopment of the existing, abandoned factory, but that they urge that great care be taken to ensure that any new development on this site respect the adjacent natural features and not intrude upon them or diminish their quality. This should be a second goal for the site. The site is zoned industrial, which has clearly become inconsistent with the surrounding uses. The surrounding residential uses would be negatively impacted by industrial uses at this location. In order to be compatible with the surrounding land uses, a mix of residential and low impact commercial uses should be considered for the redevelopment of this site. This is a third City goal for the area. o i..Ha:9 CITY OF ITHACA ' 108 East Green Street 3rd Floor Ithaca,New 1 D3 i IfTTI�(�T11I } DEPARTMENT OF PLANNING AND DEVELOPMENT 'coq••..........•••: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 To: Planning and Economic Development Committee From: Tim Logue, Neighborhood and Economic Development Planner-' Date: August 14, 2003 Re: Planned Unit Development (PUD) Ordinance Please find attached a proposal for a Planned Unit Development (PUD) ordinance, an amendment to the city's Zoning Ordinance. A PUD is a special district that is initially created by Common Council as a floating zone, meaning that it is not attached to any specific piece of land or to the zoning map. Upon a second action of Common Council, the floating zone can "land," replacing an existing zoning district on a specific piece of land. The proposed ordinance details the process of how a PUD would be applied to a certain area. As you will read in the intent and findings section of the ordinance, a PUD is meant to provide the City and a developer some flexibility in site and building design, economies of scale in site development, and greater protection of valued open spaces or environmentally sensitive areas. Often used by suburban or rural communities to create planned unit neighborhood, PUDs can be effective in urban settings by allowing the flexibility needed to redevelop difficult or complex sites or by allowing a mix of uses that will make the redevelopment economically feasible. A PUD ordinance may also make the creation of new affordable housing easier by allowing the integration of affordable housing with other residential and commercial uses. Upon the Committee's approval, staff will complete and circulate the proposal and associated environmental review to the County Planning Department, the City's Conservation Advisory Council, and the Planning Board. Their recommendations and the full package would come back to the Committee in September and with your approval, would go to Council in October. A schedule for adoption is attached also. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO ESTABLISH PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended to create a new zoning district to be known as the Planned Unit Development District (PUD) . Section 1 . Declaration of Legislative Authority, Findings and Purpose . This ordinance is enacted pursuant to the authority and provisions of the New York State General City Law to promote public health, safety and welfare and the most desirable use of land and to conserve the value of buildings and enhance the value and appearance of land throughout the city. The Common Council finds that this Ordinance : 1 . Will permit flexibility in the application of land development regulations that will encourage innovative development and redevelopment for residential and nonresidential purposes so that a growing demand for other housing and other development and land use may be met by variety in type, design, and layout of dwellings and other buildings and structures, including traditional neighborhood development . 2 . Will provide flexibility in architectural design, placement, and clustering of buildings, use of open areas, provision of circulation facilities, including pedestrian and bicycle facilities and parking, and related site and design considerations . 3 . Will encourage the conservation of natural features, preservation of open space and critical and sensitive areas, and protection from natural hazards. 4 . Will provide for efficient use of public facilities . 5 . Will encourage and preserve opportunities for energy- efficient development and redevelopment . 6 . Will promote attractive and functional environments for nonresidential areas that are compatible with surrounding land use. Section 2 . Chapter 325, Section 325-3 of the Municipal Code of the City of Ithaca is hereby amended to add the definition of q:\planning\projects\zoning\pud\pud zoning ordinance-2.doc Planned Unit Development as follows, "One or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose density or intensity transfers, density or intensity increase, mixing of land uses, or any combination thereof, and which may not correspond in lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards to zoning use district requirements that are otherwise applicable to the area in which it is located. " Section 3 . The application of the Planned Unit Development ordinance to a proposed development (landing the floating zone) : 1 . Shall not depend upon whether the development has one owner or multiple owners; 2 . Shall be limited to development that is equal to or greater in area than 60, 000 square feet for undeveloped land or 20, 000 for redeveloped land. 3 . Shall be consistent with and work towards the implementation of the City of Ithaca Comprehensive Plan Section 4 . Application procedure; zoning approval process . Whenever any Planned Unit Development is proposed, before any permit for the erection of a permanent building in such Planned Unit Development shall be granted, the developer or the developer' s authorized agent shall apply for and secure approval of such Planned Unit Development in accordance with the following procedures . A. Application for sketch plan approval . 1 . A pre-submission conference between the applicant and staff of the Department of Planning and Development may be held to discuss the proposal, outline the review procedure and required submissions and inform the applicant of minimum standards and potential city concerns of the conceptual project . This step may be beneficial because the applicant will learn about his or her responsibilities before expending significant resources regarding the project . 2 . In order to allow the Planning and Development Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan q:\planning\projects\zoning\pud\pud zoning ordinance-2.doc of the proposal to the Planning and Development Board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information: a) The location of the various uses and their areas in square feet . b) The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private. c) Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (e.g. , single-family detached, duplex, townhouse, garden apartments, etc . ) ; and general description of the intended market structure (e.g. luxury, middle income, low and moderate income, elderly, family, student, etc . ) plus a calculation of the residential density in dwelling units per gross acre (total area including roadways) for each such area. d) The interior open space system. e) The overall drainage system. f) If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion, flooding and/or ponding, a topographic map showing contour intervals of not more than five feet of elevation, along with an overlay outlining the above susceptible soil areas, if any. g) Principle ties to the community at large with respect to transportation, water supply and sewage disposal . h) General description of the provision of fire protection services. i) A location map showing uses and ownership of abutting lands . 3 . In addition, the following documentation shall accompany the sketch plan at the request of the Planning and Development Board: a) Evidence that the proposal is compatible with the goals of the City Comprehensive plan. b) A general statement as to how common open space is to be owned and maintained. q:\planning\projects\zoning\pud\pud zoning ordinance-2.doc c) If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan shall show the intended total project . d) Other plans, drawings or specifications as may be required for an understanding of the proposed development . 4 . The Planning and Development Board shall have the authority to hold a public hearing on the proposal, and may hold such a meeting in conjunction with the Common Council . If the Planning and Development Board chooses to hold a public hearing, it shall fix a public hearing date to be held within thirty (30) days of receipt of an application for sketch plan approval . Notice of the hearing shall be served by the city to the public at least ten (10) days before the date of such hearing, by means of a legal notice in the official newspaper of the City of Ithaca, and by the applicant to each owner of real estate within a distance of two hundred (200) feet from the exterior boundaries of the proposed PUD district, by means of a letter addressed to the owner of record of such real estate delivered by first class mail . The costs of notification, including but not limited to publishing, posting and mailing costs, shall be paid by the applicant prior to the issuance of any building permit . 5 . The Planning and Development Board shall review the sketch plan and its related documents and shall render either a favorable report to the Common Council or an unfavorable report to the applicant . a) A favorable report may include a recommendation to the Common Council that a public hearing be held for the purpose of considering PUD districting. The report shall be based on the following findings which shall be included as part of the report : i . the proposal conforms to the Comprehensive Plan ii . the proposal meets the intent and objectives of a Planned Unit Development as expressed in Section 1 (above) iii . the proposal is conceptually sound in that it conforms to accepted design principles in the proposed functional roadway and pedestrian q:\planning\projects\zoning\pud\pud zoning ordinance-2.doc system, land use configurations, open space system, drainage system and scale of the elements both absolutely and to one another iv. there are adequate services and utilities available or proposed to be made available in the construction of the development b) An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report . The applicant may, within 10 days after receiving an unfavorable report, file an application (an appeal) for PUD districting with the City Clerk. The Common Council may then determine on its own initiative whether to call a public hearing. 6 . The Planning and Development Board shall submit its report within sixty (60) days of receiving a sketch plan application. If no report has been rendered after sixty (60) days, the applicant may proceed as if a favorable report were given to Common Council . B. Application for PUD districting 1 . Upon receipt of a favorable report from the Planning and Development Board, or upon its own determination subsequent to an appeal from an unfavorable report, Common Council may set a date for and conduct a public hearing for the purpose of considering PUD district for the applicant' s plan, said public hearing to be held within 30 days of the receipt of a favorable report or the decision on appeal from an unfavorable report . 2 . Common Council shall refer the application to the Tompkins County Planning Department for its analysis and recommendation pursuant to the provisions of §239- m of the General Municipal Law, if applicable. Common Council shall give the Tompkins County Planning Department at least 30 days to render its report . 3 . Within 45 days of the public hearing, Common Council shall render its decision on the application. C. Zoning for Planned Unit Development . If Common Council grants the PUD districting, the Zoning Map shall be so noted. Common q:\planning\projects\zoning\pud\pud zoning ordinance-2.doc Council shall state at this time its findings with respect to the land use intensity or dwelling unit density. Common Council may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet . Such requirements may include, but are not limited to: 1 . visual and acoustical screening 2 . land use mixes 3 . order of construction and/or occupancy 4 . circulation systems (vehicular, bicycle, and pedestrian) 5 . protection of natural and/or historic sites 6 . other such physical or social demands 7 . the amount, location, and proposed use of common open space; 8 . the location and physical characteristics of the proposed Planned Unit Development; 9 . the location, design, type, and use of structures proposed; 10 . traditional neighborhood development provisions intended to ensure : a) The creation of compact neighborhoods oriented toward pedestrian activity and including an identifiable neighborhood center, commons or square; b) a variety of housing types, jobs, shopping, services, and public facilities; c) residences, shops, workplaces, and public buildings interwoven within the neighborhood, all within close proximity; d) a pattern of interconnecting streets and blocks, preferably in a rectilinear or grid pattern, that encourages multiple routes from origins and destinations; e) a coordinated transportation system with appropriately designed facilities for pedestrians, bicyclists, public transit, and automotive vehicles; f) historic buildings that physically express the history of the City of Ithaca be preserved or restored and maintained unless it is shown that the building' s condition prohibits preservation, restoration, or renovation; g) natural features and undisturbed areas are incorporated into the open space of the neighborhood; q:\planning\projects\zoning\pud\pud zoning ordinance-2.doc h) well-configured squares, greens, landscaped streets, and parks are woven into the pattern of the neighborhood; i) public buildings, open spaces, and other visual features act as landmarks, symbols, and focal points for community identity; j ) compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment; and k) public and private buildings that form a consistent, distinct edge, are oriented towards streets, and define the border between the public street space and the private block interior. Section 5 . Site Plan Review. Site plan approval for all Planned Unit Developments shall be obtained in accordance with Chapter 276 of the City Code, Site Plan Review. Section 6 . Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning and Development Board. Use changes shall also be in the form of a request for special permit except that Common Council approval shall be required. It shall be noted, however, that properties lying in Planned Unit Development districts are unique and shall be so considered by the Planning and Development Board or Common Council when evaluating these requests; maintenance of the intent and function of the planned unit shall be of primary importance . Section 7 . Expiration of permit . All permits shall become null and void, and the Zoning Map amendment revoked and restored to the zoning designation to which the district had been prior to the PUD application, if construction has not started within two (2) years of the date of final site plan approval . However, the applicant may petition the Planning and Development Board before the expiration date for an extension of this two (2) year period. If the applicant can demonstrate substantial investment or reasonable progress towards construction to the Planning and Development Board, the extension shall not be unreasonably withheld. q:\planning\projects\zoning\pud\pud zoning ordinance-2.doc 8/14/2003 Schedule for Creating a Planned Unit Development _ z 7 = 1 Plannin• Committee Mailin. 8/14/2003 Mail Concept Memo and Draft PUD Discussion on the proposal to create a planned unit - 2 Plannin• Committee Meetin• 8/20/2003 development Circulate EAF for Comments and Distribute EAF to CAC, Planning Board, County - 3 GML Review 8/21/2003 Plannin• Commissioner,GML Review,etc. 4 CAC Meetin• 9/8/2003 Discussion and Comments 5 Notice of Public Hearin• 9/15/2003 Leal Notice •rinted in Ithaca Journal 3 Resolutions(neg dec.,dec. of lead agency,dec.to 6 Planning Committee Mailing 9/18/2003 adopt,),concept memo,draft PUD, and Full Environmental Assessment Form,an comments 7 Plannin• Board Meetin• 9/23/2003 Discussion and Comments 8 Plannin• Committee Meetin• 9/24/2003 Discussion and Recommendation 3 Resolutions(neg dec.,dec.of lead agency,dec.to 9 Common Council Mailing 9/25/2003 adopt,),concept memo,draft PUD,and Full Environmental Assessment Form,any comments 10 Common Council Meeting 10/1/2003 Public hearing/adoption of legislation Documents to be Completed X Draft PUD X Concept Memo EAF Resolution to declare lead agency NegDec Resolution Resolution to adopt revised ordinance 14-Aug-03 Page 1 of 1 i Norma Schwab PUD ordinance �da a.. . .. Page 1 From: Tim Logue 1/24 To: Schwab, Norma (sQA.t 0A1 A f,V Subject: PUD ordinance TIAIS Hello Norma, Well, it's been a fun week of writing this PUD and now it's in the mail to the Planning Committee. Of course, we did it so fast we didn't have time to send it to you to proof before it went out, but it is attached so that you (or someone up there)can take it a look over. Let me know if you have any changes that need to be made. We can bring it up with the committee on 8/20. Also, I think it makes sense that it would be added to the Zoning Ordinance as a separate Article. Can you help me with that? Thanks, Tim _ v N yrkciL AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED "ZONING" TO ESTABLISH PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 , Section 325-4 of the Municipal Code of the City of Ithaca be amended to create a new zoning district to be known as the Planned Unit Development District (PUD) . Section 1 . Declaration of Legislative Authority, Findings and Purpose . This ordinance is enacted pursuant to the authority and provisions of the New York State General City Law to promote public health, safety and welfare and the most desirable use of land and to conserve the value of buildings and enhance the ukic ) value and appearance of land throughout the city. The Common Council finds that this Ordinance : 1 . Will permit flexibility in the application of land development regulations that will encourage innovative development and redevelopment for residential and nonresidential purposes so that a growing demand for other housing and other development and land use may be met by variety in type, design, and layout of dwellings and other buildings and structures, including traditional neighborhood development . 2 . Will provide flexibility in architectural design, placement, and clustering of buildings, use of open areas, provision of circulation facilities, including pedestrian and bicycle facilities and parking, and related site and design considerations . 3 . Will encourage the conservation of natural features, preservation of open space and critical and sensitive areas, and protection from natural hazards . 4 . Will provide for efficient use of public facilities . 5 . Will encourage and preserve opportunities for energy- efficient development and redevelopment . 6 . Will promote attractive and functional environments for nonresidential areas that are compatible with surrounding land use. Section 2 . Chapter 325, Section 325-3 of the Municipal Code of the City of Ithaca is hereby amended to add the definition of c:\temp\pud zoning ordinance-2.doc Planned Unit Development as follows, "One or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose density or intensity transfers, density or intensity increase, mixing of land uses, or any combination thereof, and which may not correspond in lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards to zoning use district requirements that are otherwise applicable • f } to the area in which it is located." �u Section 3 . The application of the Planned Unit Development t ordinance to a proposed development (landing the floating zone) : ;t: `' 1 . Shall not depend upon whether the development has one , " Jr owner or multiple owners; ,� ) t�s 2 . Shall be limited to development that is equal to or greater in area than 60, 000 square feet for undeveloped land or 20, 000`for redeveloped land. -irte 3 . Shall be consistent with and work towards the J r{y implementation of the City of Ithaca Comprehensive Plan , Section 4 . Application procedure; zoning approval process . Whenever any Planned Unit Development is proposed, before any permit for the erection of a permanent building in such Planned Unit Development shall be granted, the developer or the developer' s authorized agent shall apply for and secure approval of such Planned Unit Development in accordance with the following procedures . A. Application for sketch plan approval . 1 . A pre-submission conference between the applicant and 1_,,,k4.-- staff of the Department of Planning and Development l 'Grk ' be held to discuss the proposal, outline the Zreview procedure and required submissions and inform '}(:)4 - the applicant of minimum standards and potential city tv.A'i concerns of the conceptual project . This step may be beneficial because the applicant will learn about his or her responsibilities before expending significant resources regarding the project . 2 . In order to allow the Planning and Development Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan c:\temp\pud zoning ordinance-2.doc of the proposal to the Planning and Development Board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information: a) The location of the various uses and their areas in square feet . b) The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private . c) Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (e.g. , single-family detached, duplex, townhouse, garden apartments, etc . ) ; and general description of the intended market structure (e.g. luxury, middle income, low and moderate income, elderly, family, student, etc . ) plus a calculation of the residential density in dwelling units per gross acre (total area including roadways) for each such area. d) The interior open space system. e) The overall drainage system. f) If grades exceed 3% or portions of the site have a moderate to high susceptibility to erosion, flooding and/or ponding, a topographic map showing contour intervals of not more than five feet of elevation, along with an overlay outlining the above susceptible soil areas, if any. g) Principle ties to the community at large with respect to transportation, water supply and sewage disposal . h) General description of the provision of fire protection services . i) A location map showing uses and ownership of abutting lands . 3 . In addition, the following documentation shall accompany the sketch plan at the request of the Planning and Development Board: a) Evidence that the proposal is compatible with the goals of the City Comprehensive plan. b) A general statement as to how common open space is to be owned and maintained. c:\temp\pud zoning ordinance-2.doc c) If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the j._ sketch plan shall show the intended total project ) (A., Vr�`` d) Other plans, drawings or specifications as may be rrL required for an understanding of the proposed dt,..r',.Pr✓ . development . 4 . The Planning and Development Board shall have the kyrt- ' /-authority to hold a public hearing on the proposal, / and may hold such a meeting in conjunction with the Common Council . If the Planning and Development Board chooses to hold a public hearing, it shall fix a l\ public hearing date to be held within thirty (30) days \ of receipt of an application for sketch plan approval . 1 Notice of the hearing shall be served by the city to the public at least ten (10) days before the date of such hearing, by means of a legal notice in the 1 official newspaper of the City of Ithaca, and by the j applicant to each owner of real estate within a distance of two hundred (200) feet from the exterior boundaries of the proposed PUD district, by means of a letter addressed to the owner of record of such real estate delivered by first class mail . The costs of notification, including but not limited to publishing, posting and mailing costs, shall be paid by the applicant prior to the issuance of any building permit . . ) 5 . The Planning and Development Board shall review the 1 ( ■ms` , sketch plan and its related documents and shall render d dr" `t either a favorable report to the Common Council or an I . 0\N".1-/ unfavorable report to the applicant . `r' �, ' C-, p '�', (f `o Jr1 ) A favorable report may include a recommendation to -) U'', ,enQ`��`- Ci 1)_.:r �-‘ . the Common Council that a public hearing be held Y nI for the purpose of considering PUD districting—The ,tj a IL (V' report shall be based on the following findings ,` ('A`� .� which shall be included as part of the report : � L 01 QQ)i 1` vJO i . the proposal conforms to the Comprehensive Plan vcc. 0L, a- yr ii . the proposal meets the intent and objectives of a Planned Unit Development as expressed in � -�� � � f �,,, � Section 1 (above) �,��� � �,✓r` i - iii . the proposal is conceptually sound in that it ),M" `� conforms to accepted design U'�� yj�, �,F�''`��, P g principles in the a � � proposed functional roadway and pedestrian 1 " c:\temp,\pud zoning ordinance-2.doc system, land use configurations, open space system, drainage system and scale of the elements both absolutely and to one another iv. there are adequate services and utilities available or proposed to be made available in the construction of the development b) An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report . The applicant may, within 10 days after receiving an unfavorable report, file an application (an appeal) for PUD districting with the City Clerk. The Common Council may then determine on its own initiative whether to call a public hearing. 6 . The Planning and Development Board shall submit its report within sixty (60) days of receiving a sketch plan application. If no report has been rendered after sixty (60) days, the applicant may proceed as if a favorable report were given to Common Council . B. Application for PUD districting 1 . Upon receipt of a favorable report from the Planning and Development Board, or upon its own determination subsequent to an appeal from an unfavorable report, Common Council may set a date for and conduct a public hearing for the purpose of considering PUD district for the applicant' s plan, said public hearing to be held within 30 days of the receipt of a favorable report or the decision on appeal from an unfavorable report . 2 . Common Council shall refer the application to the Tompkins County Planning Department for its analysis and recommendation pursuant to the provisions of §239- m of the General Municipal Law, if applicable. Common Council shall give the Tompkins County Planning Department at least 30 days to render its report . 3 . Within 45 days of the public hearing, Common Council shall render its decision on the application. f/2 C. Zoning for Planned Unit Development . If Common Council grants Ac'(?i� the PUD districting, the Zoning Map shall be so noted. Common rVd\ c:\temp\pud zoning ordinance-2.doc .N(1 °- p i, `f� R�Gt Council shall state at this time its findings with respect to the land use intensity or dwelling unit density. Common Council may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet . Such requirements may include, but are not limited to : 1 . visual and acoustical screening 2 . land use mix__e...s _..____.___.___ ti f ►S te..,., • ' ) 3 .(Qrr3Pr o~f construction and/or occupancP /��y�Ar• n 4 . circulation systems (vehicular, bicycle, and edestrian) w� P 5 . protection of natural and/or historic sites IL<9` ;. 6 . other such physical or social demands �0.1 � 7 . the amount, location, and proposed use of common-open space; 8 . the location and physical characteristics of the proposed Planned Unit Development; 9 . the location, design, type, and use of structures proposed; 10 . traditional neighborhood development provisions intended to ensure : a) The creation of compact neighborhoods oriented toward pedestrian activity and including an identifiable neighborhood center, commons or square; b) a variety of housing types, jobs, shopping, services, and public facilities; c) residences, shops, workplaces, and public buildings interwoven within the neighborhood, all within close proximity; d) a pattern of interconnecting streets and blocks, preferably in a rectilinear or grid pattern, that encourages multiple routes from origins and destinations; e) a coordinated transportation system with appropriately designed facilities for pedestrians, bicyclists, public transit, and automotive vehicles; f) historic buildings that physically express the history of the City of Ithaca be preserved or restored and maintained unless it is shown that the building' s condition prohibits preservation, restoration, or renovation; g) natural features and undisturbed areas are incorporated into the open space of the neighborhood; c:\temp\pud zoning ordinance-2.doc h) well-configured squares, greens, landscaped streets, and parks are woven into the pattern of the neighborhood; i) public buildings, open spaces, and other visual features act as landmarks, symbols, and focal points for community identity; j ) compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment; and k) public and private buildings that form a consistent, distinct edge, are oriented towards streets, and define the border between the public street space and the private block interior. Section 5 . Site Plan Review. Site plan approval for all Planned Unit Developments shall be obtained in accordance with Chapter 276 of the City Code, Site Plan Review. Section 6 . Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning and Development Board. Use changes shall also be in the form of a request for special permit except that Common Council approval shall be required. It shall be noted, however, that properties lying in Planned Unit Development districts are unique and shall be so considered by the Planning and Development Board or Common Council when evaluating these requests; maintenance of the intent and function of the planned unit shall be of primary importance. Section 7 . Expiration of permit . All permits shall become null and void, and the Zoning Map amendment revoked and restored to the zoning designation to which the district had been prior to the PUD application, if construction has not started within two (2) years of the date of final site plan approval . However, the applicant may petition the Planning and Development Board before the expiration date for an extension of this two (2) year period. If the applicant can demonstrate substantial investment or reasonable progress towards construction to the Planning and '+ ‘`'` y> Development Board, the extension shall not be unreasonably k withheld. ` � Pte4/141:3 \ c:\temp\pud zoning ordinance-2.doc D4a. Resolution for Selection of a Preferred Developer for the Cayuga Green Project—Phase II WHEREAS, the City of Ithaca has by resolution of August 6, 2003 previously authorized and directed the Mayor, the Chair of the Cayuga Green Client Committee and the Director of Planning and Development, upon the advice of the City Attorney, to negotiate a Preferred Developer agreement with Bloomfield Interests for development of the housing and commercial components of the Cayuga Green Development project—Phase II, now therefore be it RESOLVED,that Ithaca Urban Renewal Agency (IURA) is hereby requested to designate Bloomfield Interests the Preferred Developer for development of the housing and commercial components of the Cayuga Green Development Project, Phase II, substantially in conformance with the Agreement reviewed by the Planning and Economic Development Committee on August 20, 2003 and subsequently distributed to Common Council, and be it further, RESOLVED,that the Common Council does hereby concur in the designation by the IURA of Bloomfield Interests as Preferred Developer for the Cayuga Green Development Project, Phase II, and be it further RESOLVED, that the Mayor is hereby authorized and directed to sign the Agreement with Bloomfield Interests, signifying the City of Ithaca's concurrence with the IURA's designation of Bloomfield Interests as Preferred Developer. Project Term Sheet Cayuga Green Project Pre-Development Phase DRAFT DATED 8/14/03 The Cayuga Green Project proposes a mixed use development along Six Mile Creek, on Green Street and backing up the new Cayuga garage. The preliminary proposal includes several components totaling approximately 200,000 square feet: • Two-story retail/commercial building on Green Street • Market-rate rental apartments above the retail building • Market-rate condominiums behind the retail building • Market rate condominiums behind the Cayuga garage The following is a brief description of significant parts of the Project and identifies who will bear primary responsibility for completion of each part. 1. Cayuga Garage: The City through the IURA and the City's consultant,National Development Council (NDC), is responsible for the construction of this garage. The Developer will be responsible for leasing commercial space within the Cayuga Garage. The Developer will be responsible for financing and constructing any tenant improvements. The terms under which the Developer will proceed will be subject to a lease to be negotiated between the IURA (subject to Approval by the Common Council) and the Developer. 2. Green Street Garage: The City is responsible for renovations, repairs and/or replacement required for the Green Street Garage. This includes but is not limited to removal of the helices and bridges, construction of new ramps and any repairs needed to insure the structural integrity of the garage. An attempt will be made in the design for improved pedestrian access at the ground level under the Green St. garage to the Commons to provide a direct link to the new development. The City may employ the Developer or NDC to complete any or all of this work. The City will acquire for parking and commercial purposes the ground floor of the Green Street garage. Developer will be responsible for leasing of the ground floor under the Green Street garage to commercial tenants. Responsibility for improvements to the spaces will be determined as the project design and financing are developed. 3. New Commercial Space: The Developer will be responsible for constructing and operating the commercial space south of and fronting on Green Street. Preliminary site investigations, master planning and schematic architectural designs will begin after a Preferred Developer Agreement has been executed. Construction of the new commercial space will not begin until the start of the Green Street Garage renovations. q:\planning\projects\cayuga green\project term sheet v.5 03-08-14.doc 4. Rental Housing: The Developer will be responsible for constructing and managing the proposed market rate rental housing on the site. It is anticipated that construction of this part of the Project will begin at the same time as the Cayuga Green Commercial space. 5. Owner Occupied Housing: The Developer will be responsible for the construction and marketing of market rate condominium units. 6. Financing: The City, IURA and the Developer agree that the Cayuga Green Project may require financing from both public and private sources and further agree to cooperate in the pursuit of such funding. 7. Six Mile Creek Walk: The City is responsible for the construction of the Creek Walk. Construction will be under the same contract as the construction of the Cayuga Garage and will commence toward the end of the construction of the Cayuga Garage. Construction is now scheduled to be complete by 2005. 8. Environmental Review: Based on previously completed environmental reviews (NY SEQRA)there are certain environmental issues on the site that may require further investigation and possible mitigation. These could include a previously documented petroleum spill and archaeological resources that may exist on the site The City will take responsibility for any further investigation of these existing environmental conditions. The City will fully inform the Developer regarding any information it may have or discover regarding these environmental issues. The Developer will also be provided by the City with a copy of the full environmental review it conducted in 2002 and 2003 as part of the permitting process for the Cayuga Garage. With the exception of the above named items,the Developer will be responsible for the normal and necessary environmental review that is a part of the City and State permit review process. It is understood that this environmental review may include supplementary investigation of traffic impacts, depending on the uses proposed for the site. q:\planning\projects\cayuga green\project term sheet v.5 03-08-14.doc DRAFT Dated 03-08-15 PREFERRED DEVELOPER AGREEMENT AGREEMENT made this day of September 2003, by and between THE CITY OF ITHACA , a New York Municipal Corporation with offices at 108 East Green Street, Ithaca, New York 14850 (the "City") ITHACA URBAN RE NEWAL AGENCY, a New York not for profit corporation,with offices at 108 East Green Street, Ithaca,New York 14850 (the "IURA") and Steven F. Bloomfield, Inc., an Ohio corporation, dba BLOOMFIELD INTERESTS, with a principal office at 320 Whetstone Alley Cincinnati, Ohio 45202 (the "Developer"). WHEREAS,the City and the IURA have undertaken a multi-phased, mixed use development project located in downtown Ithaca known as the Cayuga Green Project("the Project"), consisting of public parking and other public facilities and improvements ("the Public Component") and a private component consisting of commercial and residential uses ("the Private Component"), and WHEREAS,the City, pursuant to a Request for a Development Proposal and Statement of Qualifications, dated October 2002 sought the services of a private development partner for Private Component of the Project, and WHEREAS, The Preferred Developer submitted a response to said proposal in November 2002, and WHEREAS, after review of all of the responses to the aforesaid proposal, and after meeting with the Preferred Developer and other developers to review their development proposals for the Private Component in greater detail, the City has selected and is desirous of entering into an agreement with the Preferred Developer whereby the Preferred Developer would provide the private development services for the Private Component and own and operate the aforesaid Private Component pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in the consideration of the mutual promises herein contained, the parties do hereby agree as follows: I. AGREEMENT A. Designation of Bloomfield Interests Subject to the terms herein, the City and the IURA, by approval and execution of this agreement, do hereby designate Bloomfield Interests the Preferred Developer of the Project. Bloomfield Interests shall have the right to assign this agreement to a Limited Liability Corporation or partnership to be formed, consisting of the same principals. - 1 - Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 •081503.doc • . .. • _ .. . - --• _ Agrmnt v.10 081503.doc B. Phasing and Coordination This Agreement addresses the relationship of the parties and their respective duties and responsibilities during the Pre-Development Phase. The responsibilities of the parties hereto which will be undertaken pursuant to this Preferred Developer Agreement are set forth below and more fully described in the (" Term Sheet") Exhibit B, attached hereto and made a part hereof The Parties' responsibilities during later phases of the Project will be further described in a Development Agreement, Land Acquisition Agreement or other Project Agreements,the forms of which are to be determined during the Pre- Development Phase as may be deemed to be appropriate by all parties for the successful implementation and completion of the Project. The parties agree and understand that the Private Component may be built in two or more stages. While a master plan for the entire site will be submitted with initial design drawings, changes in the market may require future modifications to the plan and development schedule. The City and the Preferred Developer further agree that close coordination among the public and the private components is critical. C. Site Control The parties agree and understand that it is necessary for the Preferred Developer to have exclusive control of the Site for the Private Component in order to obtain the necessary financing and governmental approvals, including environmental review and Site Plan approval. Therefore, the parties agree and understand that the Preferred Developer will have an exclusive right to control of the Site for the Private Component for the term of this agreement. During such period of time,the Preferred Developer shall be allowed exclusive rights to development and such occupancy of the site as necessary for development, testing (environmental or otherwise) and design subject only to the contingencies and conditions contained herein. Preferred Developer will indemnify and hold the City/IURA harmless for any negligence on its part occurring as a consequence of its activities on the site. D. Closing At the time the Preferred Developer and the City/IURA have satisfied themselves that all contingencies have been satisfied or in the alternative, the Preferred Developer and the City/IURA have waived same, a closing shall be scheduled at a time and place mutually satisfactory to both parties and any necessary third parties. The City will at that time execute and deliver to the Preferred Developer a lease for a 99-year term with annual ground rent as described below plus other and further terms and mutually agreed upon. E. Ground Rent Prior to construction and pursuant to the agreement(s) named in the preceding paragraph but yet to be developed, the City and the Preferred Developer shall enter into a lease for the Site for a term of 99 years providing for a payment of ground rent by the Preferred Developer to the City/IURA at a rent to be negotiated. Site for which this ground rent shall be paid includes only the land on which the new commercial and housing components of the Project are to be constructed. It does not include the rent to -2- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc-: . . _ .. e• - . - • • ••- _ • ' • _ _ Agrmnt v.10 081503.doc be paid for the ground floors of the Green Street and Cayuga Garages. The ground rent and the rents for the space in the garages shall be subject to negotiations between the City and The Preferred Developer during the development process as the Private Component and Public Component financials are developed. - 3 - Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc-. .. • .. . _ - .- .. . - _ . . _ - Agrmnt v.10 081503.doc F. Private Component Design The Preferred Developer shall prepare schematic designs and renderings for the proposed Private Component for the review and input of the City. These designs will fully identify and describe materials, signage, design, colors of exterior paints and other finishes (and all other matters reasonably required by the City to ensure the Private Component will be reasonably coordinated and compatible with nearby buildings and design elements within the area). The right of approval of the City with respect to the plans shall include the compatibility of the exterior appearance of any improvements in accordance with existing zoning laws, Site Plan Review, SEQRA and such other State and local laws, ordinances and regulations as may apply. The City shall make every effort to review all submissions as expeditiously as possible, within time requirements of applicable State and local laws, ordinances and regulations. The City shall not unreasonably withhold design approval and shall advise the Preferred Developer in writing regarding the rejection of any design submission with a description of measures that could be taken to remedy objections raised by the City. The Preferred Developer will work with the City to reasonably comply with these requests. II. PROJECT DESCRIPTION The Project is a mixed-use development, consisting of a Public Component and a Private Component to be built on several sites owned by the City and the IURA. A. The Site The Project will be constructed on approximately four and one-half acres of City- owned land(the "Site"), more specially known as tax parcels 70.-4-6, 70.-4-5.2, 70.-8- 10.1, 70.-8-10.2, 81.-2-1, which will be transferred by the City to the IURA before disposition to the Preferred Developer as shown on the attached drawing Exhibit"A". The Site is bounded on the north by and includes the parcel#70.-4-5.2 which is used for parking under the Green Street Garage. The Project is bounded on the south by Six Mile Creek and Clinton Street. The Creek Walk running adjacent to Six Mile Creek forms the south east border of the Site. The western boundary abuts the Tompkins County Public Library (the "Library") and is bordered by South Cayuga Street. The site does not include the land owned by Tompkins County on which the Library is located. The site is further described on Exhibit A. B. Zoning The Site consists of the City's Central Business District 120 ("CBD 120"), CBD 100 and CBD 60 zones. The southern portion of the site (from a line running east/west approximately 130 feet south of the Tompkins County Public Library to Clinton Street) is in the CBD 100 zone. The remainder of the site south of Green Street, from the above-described line north to Green Street, is in the recently enacted CBD 120 zone. The portion of the Site that is north of Green Street is Zoned CBD 60. C. Private Component -4- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc : .. • ,, 9. 9 - .. • • As currently envisioned, subject to financial, market and technical feasibility, the Private Component shall consist of the following components. Commercial space is to be constructed in three locations on the Site, with approximately 22,000 square feet of commercial space on the ground floor of the new Cayuga Garage, 16,000 square feet of retail space below the Green Garage and 45,000 square feet of commercial space fronting on the south side of Green Street. Approximately 60 units of market rate rental housing are to be constructed over the commercial space fronting on Green Street. Roughly 40 to 50 condominium/ownership units are to be constructed in two locations, south of the commercial structure on Green Street and east of the Cayuga Garage . These square footages and unit counts are rough estimates to be refined as the Private Component goes through the development process. D. The Public Component The public parking will be in two separate buildings. One parking garage fronting on Cayuga Street(the "Cayuga Garage"), is located at the southern end of the site and will be a new building, containing roughly 700 parking spaces and ground floor commercial space. The second parking structure will consist of improvements to the existing Green Street Parking Garage (the "Green Garage"). The improvements to the Green Garage may require demolition of all or part of the Green Garage, but will probably require only demolition of the helices and bridges connecting the garage to the entrance and exit on the south side of Green Street, in addition to the demolition and reconstruction of some part of the decks and beams in the garage sufficient to allow for ramps to and from ground level to the second floor and to and from the second floor to the third. The City has previously entered into a contract with the National Development Council ("NDC")whereby it has designated NDC as the Preferred Developer for construction and ownership of the Cayuga Garage. At the time of the drafting of this agreement NDC is in the latter stages of bidding the construction of the Cayuga Garage. The City will construct a"Creek Walk"running adjacent to Six Mile Creek, along the south east border of the Site which will be landscaped, as public open space. III. PUBLIC PRIVATE COOPERATION The City and the IURA agree to work cooperatively with the Preferred Developer during the term defined herein as Developer produces project site analyses, feasibility studies, schematic architectural designs, etc. City and IURA also will assist Developer in preparing for presentations to appropriate and necessary governmental or municipal authorities in order to obtain all required permits and approvals. City and IURA staff will also assist in the determination of the structure of financing and the assembly of the necessary financing commitments that will be required for the Project, and identify and work with all parties to secure same upon terms and conditions that are mutually acceptable. These services for the pre-development phase are detailed in Term Sheet. A. Developer Responsibilities - 5- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc . . .. • ,, e . .. . ..- .. ..•• _ . . The City does designate the Developer to be the Preferred Developer of the Private Component as set forth herein and the Developer as Preferred Developer does agree to perform the following services: 1) Prepare a housing and commercial development plan, including site plans and schematic architectural drawings,that meets the requirements of the Parties; 2) Assign and/or retain a development and management team to oversee, construct and manage the Private Components of the Project; 3) Prepare and implement a leasing plan for the Project; 4) Develop a financial package through equity participation, traditional commercial financing and/or federal, state and local grants to finance the design, construction and management of the Private Component in cooperation with the City, the IURA and its consultants. This work will include the preparation of pro formas and the investigation of various alternatives for the financing of the project; 5) Prepare applications and supporting materials for local review including Site Plan Review and the attendant environmental review under SEQRA and CEQRO; Developer may conduct such environment investigations on the site and its surroundings as the Preferred Developer may choose to undertake; 6) Prepare application to the Tompkins County Industrial Development Agency for property tax abatement, a Payment in Lieu of Taxes (PILOT) or such other project financing mechanisms as may be deemed appropriate by the Parties; B. Developer Contingencies The Preferred Developer's performance under this Agreement shall be contingent upon the following: 1) Obtaining the necessary public and/or private financing necessary to design, construct and manage the Private Component. 2) Obtaining all necessary zoning, site plan approval and other governmental approvals necessary for the Private Component. 3) Completion of required environmental review for the Private Component in accordance with New York State Environmental Quality Review Act and other such laws, ordinances, and regulations as may apply. The Preferred Developer may choose not to undertake development of the site if the Preferred Developer determines that contamination exists on the site that might present health, financial or legal risk to such development or the Preferred Developer. 4) City's commencing construction of the Cayuga Garage and Creek Walk or in the alternative and at the Preferred Developer's sole discretion,the City's issuing a written commitment to proceed. It is understood that the Creek Walk construction will not begin until the construction of the Cayuga Garage is substantially complete. The construction of these two projects will be bid under one contract, and commencement of the garage construction guarantees construction of the promenade. 5) The City's commencing redevelopment of the Green Street Garage. Timing of the improvements to the Green Street Garage and the commercial components of this - 6- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc • ' ' . ,, _ e . - _ -_.• • • _ __•• _ _ Agrmnt v.10 081503.doc agreement are subject to further negotiations between the Preferred Developer and the City. C. City/IURA Responsibilities The City and IURA are jointly responsible for the activities to be undertaken by the public sector in this public private partnership. Generally,the public activities will be carried out by the IURA, its staff and consultants, subject to the overall direction and approval of the Common Council. The City/IURA are responsible for the following activities: 1) The City/IURA will undertake the public improvements necessary for the implementation of the project, including construction of the Creek Walk, construction of the Cayuga Garage, design and construction of the modifications to the Green Garage (as described above), and such street and utility upgrades as were identified as necessary mitigation for the Project's traffic impacts in the Project's Environmental Impact Statement(EIS). 2) City agrees to cooperate with the Preferred Developer in obtaining any available public sources of financing. Furthermore,the City recognizes that many of the permits necessary for the Private Component to proceed as contemplated will require its cooperation and agrees that it will do so. 3) The City/IURA are responsible for providing to the Preferred Developer all information in its possession and of which it may have knowledge regarding environmental risks on the Site. It is mutually understood that further site investigation and analysis of site conditions will be undertaken as a part of the environmental review for the Project, which may include an archaeological investigation. D. City/IURA Contingencies The City/IURA's performance under this Agreement shall be contingent upon the following: 1) Demonstration of reasonable progress by the Preferred Developer in carrying out the Preferred Developer responsibilities as outlined above. 2) Action by the Common Council to fund the design and construction of the public improvements necessary for the Project. 3) Successful acquisition by the City/IURA of the parcel of land now in private ownership located under the western two thirds of the Green Garage known as tax parcel 70.-4-5.2. - 7- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc : . . , _ e, . - • • .- - ... •• Agrmnt v.10 081503.doc _ _ .. - - - - _ IV. OTHER PROVISIONS A. Term The term of this Agreement shall be for 12 (twelve)months. However,this term will be automatically extended for an additional 12 (twelve)months, in the absence of stated objections upon 60 days written notice by any of the Parties to the other party of the intent not to automatically renew. The term may be further extended by mutual agreement of the Parties. All such extensions shall be evidenced by an extension agreement ("Extension Agreement") signed by the parties hereto. The term of the initial portion of this Agreement shall commence on , 20_. B. Default If either party to this Agreement is in breach or default in the performance of any material term, condition or covenant contained herein, and fails to cure, correct or remedy that breach or default in performance within sixty(60) days after written notice of that breach or default is given by the non-defaulting party to the defaulting party, then the non-defaulting party, in addition to such other rights or remedies which the non-defaulting party may have at law or in equity or otherwise under this Agreement, may elect to terminate this Agreement;provided that if the defaulting party has made good faith efforts to the best of its ability and in a commercially viable manner to cure, correct or remedy such breach or default during such sixty(60) day period described above,then it shall have an additional thirty (30) day period to cure, correct or remedy such default. In addition to a breach or default with respect to any material term, condition or covenant of this Agreement, the occurrence of any of the following with respect to either party to this Agreement will be a default: adjudication as a bankrupt; the filing of a petition for or consent to any relief under any bankruptcy, reorganization, receivership, liquidation compromise, arrangement or moratorium statute, whether now in force or hereafter enacted; the making of any assignment for the benefit of creditors; the filing of a petition for the appointment of a receiver, liquidator,trustee or custodian for all or a substantial portion of that party's assets;the appointment of a receiver, liquidator trustee or custodian for all or a substantial portion of that party's assets, who is not discharged within thirty(30) days notice after the date of appointment thereon; or the attachment or levy upon all or substantially all of a party's property if such attachment or levy is not released within sixty(60) days after such attachment or levy. C. Confidentiality The terms of this Agreement and all information and plans furnished by the Preferred Developer are subject to the New York State Freedom of Information Law(FOIL). The City's development review process is conducted in the context of the State Open Meetings Law, and that all meetings, with the exception of those specifically exempted under FOIL, are open to the public. Portions of the Preferred Developer submissions and certain meetings may be kept confidential as permitted under FOIL especially as they relate to matters of land disposition and Developer's financial information. - 8- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc : . . . _ .. . : .. _ . . Agrmnt v.10 081503.doc D. Condemnation The City agrees not to use its power of condemnation against the Private Component for a period of 25 years from the signing of this agreement. E. Special Taxes, Surcharges or Fees The City may not impose or pass legislation imposing any special taxes, surcharges or fees on revenue derived by the Preferred Developer pursuant to this Agreement, except upon the mutual consent of all the parties to this Agreement. This restriction does not apply to any such taxes, surcharges or fees as may be in place at the time of the execution of this instrument and does not apply to any parking benefit assessment or other similar benefit assessment as the City may chose to enact now or in the future on the subject property and similarly benefited properties in accordance with State and local law. F. Indemnification The City agrees to indemnify and hold the Preferred Developer harmless with respect to any and all claims, causes of action, suits or judgments, including reasonable attorney fees it may incur as a result of any claim or action brought by a prior developer or proposed developer in connection with the Project. G. Complete Understanding This Agreement contains the full and complete understanding between the Preferred Developer and the City/IURA concerning the subject matter of this contract, and supersedes any prior agreement or understandings, whether written or oral, pertaining to the subject matter. This Agreement may not be modified, except by a written instrument signed by both parties. Each party acknowledges that no representation or promise not expressly contained in this Agreement has been made by the other party or any of its agents, employees or representatives. This Agreement is entered into and will in all respects be subject to and construed in accordance with the laws of the State of New York applicable to agreements entered into and to be performed wholly within the State of New York. H. Amendment This Agreement may only be amended by a written document agreed to by all of the parties hereto. I. Severability In the event that any provision of this Agreement is determined by any Court of competent jurisdiction in a final judgment to be void, illegal or unenforceable,that provision will be deemed severable from the remainder of this Agreement, which will continue in full force and effect. J. Policy Against Discrimination. All parties agree that in carrying out their activities under the terms of this agreement, they shall not discriminate against any employee, applicant for employment, sub- - 9- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 • 081503.doc . ,. . . • ,, _ ., ._ ..• : .. _ Agrmnt v.10 081503.doc contractor, supplier of materials or services, or program participant due to such person's race, color, creed, sex, marital status, disability, sexual preference or national origin. At all times they will abide by the applicable provisions of the Human Rights Law of the State of New York as presently set forth in Sections 290-301 of the Executive Law of the State of New York. K. Laws of the State of New York This Agreement shall be governed by the laws of the State of New York and shall inure to the benefit of and bind the parties hereto and their successors and assigns. L. Notice Each notice by any of the Parties to the other will be sent by a registered or certified postpaid envelope. If addressed to the City/IURA, each notice will be sent to Office of the Mayor City Hall, 108 East Green Street, Ithaca,New York 14850. If addressed to The Preferred Developer, each notice will be sent to Steven Bloomfield, Suite B, 320 Whetstone Alley, Cincinnati, Ohio 45202. Either party may change its address by sending notice to the other of its new address or a new person to whom a notice is thereafter to be sent. IN WITNESS WHEREOF,the parties hereto set their hands and seals the day and year first written above. CITY AND THE IURA OF ITHACA By: ALAN J. COHEN Mayor ITHACA URBAN RENEWAL AGENCY By: H. MATTHYS VANCORT Executive Director BLOOMFIELD INTERESTS By: STEVEN F. BLOOMFIELD Owner - 10- Q:\PLANNING\PROJECTS\Cayuga Green\C-G Predev Agrmnt v.11 081503.doc-: . . _ . ,, e• 9 - . - :.-• ' • -- .._ .. _ _ _ . • •• • •• I ■o��T...4 ' CITY OF ITHACA op ,a .� 108 East Green Street 3rd Floor Ithaca,New Yi 1711:71 ) D4C, %c o- DEPARTMENT OF PLANNING AND DEVELOPMENT �A�tEO_ 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: Common Council FROM: H. Matthys Van Cort Director of Planning & Development SUBJECT: Downtown Development-- Cayuga Green Capital Project DATE: August 15, 2003 After approval by Common Council of a Preferred Developer Agreement with Bloomfield Interests, the next step in the development of the Cayuga Green project should be the authorization of additional capital funding for the architectural and engineering analysis and costing for the Green Street Garage alternatives; archaeological investigation of the development sites; study of the petroleum contamination on the City owned site south of Green Street; an extension to the National Development Council (NDC) contract; and property acquisition for the project, all more fully described below. This work would best be funded through a Capital Project. Steve Thayer recommends the establishment of a new capital project, Capital Project#469 Cayuga Green Design and Study, Phase II. An alternative would be to add funding to the existing Capital Project(Capital Project#446 Cayuga Green Design and Study, previously authorized at$1,345,000) that has been in place from the beginning of the Cayuga Green Project. Most of the funding from Capital Project#446 has been used in the preparation of site analysis,testing and drawing and specifications for the Cayuga Garage in addition to other work on the project, such as archaeological investigations, etc. These funds will, however, be reimbursed to the City at the closing for the permanent financing for the Cayuga Garage project through National Development Council (NDC) which is scheduled to happen soon. Nonetheless a new authorization for the next phase of work or a new capital project is in order since the work on the Green Street Garage was not contemplated as a part of the original authorization. This memo is for discussion by the Planning and Economic Development Committee and will be sent to the Budget and Administration Committee for a recommendation to Common Council either for a new Capital Project#469 or for additional funding to be added to Capital Project#446 for the activities listed below in an amount to be determined prior to the September meeting of Common Council. The capital project would fund the following activities. Engineering, Design and Costing Engineering, design and costing of the following four Green Garage alternatives: "An Equal Opportunity Employer with a commitment to workforce diversification." • Alternative 1-Repair of garage and existing helices, bridges, entrances, exits and all other building components. No change to ground floor. • Alternative 2-Repair of garage and reconfiguration of the entrance and exit, demolition of the bridges and the helices, construction of internal speed ramp from ground to level 2 and a parking ramp from level 2 to level 3, retail on ground floor. • Alternative 3-Demolition of garage to edge of Rothschild's building, reconstruction of 450-car garage with internal ramps as described above with retail on ground floor. • Alternative 4-Demolition of garage to edge of Rothschild's building, reconstruction of more than 450-car garage (one or two additional levels)with internal ramps as described above with retail on ground floor. Staff is working with Highland Associates, the architects for the Cayuga Garage, to come up with an estimated cost for this work, which we expect to be able to provide before the September Common Council meeting. Archaeological Investigation Archaeological investigation on site south of Green Street and between City Hall and Green Garage as required by New York State Historic Preservation Office (SHPO). This will require excavation of parts of these two sites. After excavation there will be some cost for reconstruction of pavement, etc. Based on the cost for the archaeological work south of the library, staff expects the additional investigation to be in the range of$60,000 to $100,000. We are narrowing the range of estimates through talks with qualified consultants, and we expect to have a firm estimate before the September Common Council meeting. Petroleum Contamination Necessary work for a sign off from New York State Department of Environmental Conservation(DEC) regarding the known petroleum spill on site south of Green Street. This work includes Phase II investigation for characterization and extent of spill and other investigation and administrative steps as required by DEC. Staff expects that the Phase II investigation will cost from $10,000 to $30,000. We are in the process of refining the estimate. Cost of remediation, if necessary, will be determined subsequent to completion of the Phase II investigation and further discussions with DEC. National Development Council Contract Extension The City's contract with NDC has expired and is due for renewal. The last two-year's funds were drawn from downtown capital projects, and it seems appropriate that this year's allocation would come from a similar source. Although Kevin McLaughlin,NDC's representative in Ithaca, has been involved in economic development projects in many of the City's commercial zones, most of the work has been concentrated in the downtown, especially on the Ciminelli/Cornell project and the Cayuga Garage. In the next year it is anticipated that NDC will be an essential part of Phase II of the Cayuga Green Project. Acquisition of Property The cost of the acquisition is still confidential. May be discussed in executive session. • Green Street Parking Garage Executive Summary 8/20/2003 General Construction Year 2004 2007 2012 Total Repair Garage Structure. $264,800 $2,214,000 $28,000 $2,506,800 Repair Half-Helix $150,800 $5,000 $155,800 Repair Double Helix $472,100 $10,000 $482,100 Repair Bridge $167,100 $10,000 $177,100 General Construction $1,055,000 $2,214,000 $53,000 $3,322,000 Deck Coating Year 2004 2007 2012 Total Repair Garage Structure. $515,600 $515,600 Repair Half-Helix $17,600 $4,000 $21,600 Repair Double Helix $54,300 $12,000 $66,300 Repair Bridge $14,800 $12,000 $26,800 Deck Coating $87,000 $516,000 $28,000 $631,000 General Construction&Deck Coating $1,142,000 $2,730,000 $81,000 $3,953,000 Assumptions: 1. All costs are approximate and are based on walkthroughs,the"Engineering Report Condition Survey and Structural Investigation-Green Street Garage"dated May,2002 by Novelli Engineering coupled with our experience in structural rehabilitation. 2. Quantities used to develop costs are based on visual observations only. There were no comprehensive soundings, chain drag,laboratory tests or analysis. 3. Since there were no comprehensive surveys,the structural repairs quantities for slab and beam repairs may vary significantly from the stated value. 4. Costs include a 20%contingency 5. All costs are in 2002 dollars. There is no adjustment for inflation 6. Repair quantities are as of 2002 with no escalation included for repair quantity growth. 8/20/03 Confidential "iq;• ""}'�z.?"'s ! i��a=n r'°+�tT"'fre i "v`a:"m' s4� """ �',�" �- Stfi �- *�r '�$ t�s"�.,� ",.za�v'"xi"'.'nr'�T'�'�'� GreeniStreet Garage4Rehabilitat one roje YaGayu Green Retail�and Ba '.e� `"�Eu4.nf ���'.hv IAa'ida' [x6Rfi:LL �,aaidWA4k:a7ta�WrS. r u�4Wkw. 3.Et ;v+�d ASSUMPTIONS: Garage Reconstruction Costs Repair Garage $3,953,000.00 Interest Rate on Bond 5.50% Demolition of Helix, Bridge and Add New Ramps $0.00 Term on Bond 20 Annual City Costs $330,784.39 Total Green Garage City Rehab Costs $3,953,000.00 Cayuga Green Commercial Project Revenues PILOT $162,500.00 Cayuga Retail Rent(22,000 SF @$3.00/SF) $66,000.00 Green Retail Rent(16,000 SF @$2.00/SF) $32,000.00 Ground Rent $100,000.00 Theatre Sales Tax(2%of$2,000,000.00) $40,000.00 Other Sales Tax(38,000 SF of Retail) $114,000.00 Total Cayuga Green Project Revenues $514,500.00 Benefit Assessment District $100,000.00 Total available annual expenditure $845,284.39 Available for capital expenditure ($12,285,147.95) Land Acquisition ($950,000.00) Net available for construction ($11,335,147.95) Green Garage RehabProject Proforma8-1-03-b--Confidential Green Garage Page 1 of 1 8/20/03 - CONFIDENTIAL Green Street Parking Lot Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Retail rent $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 Parking revenues $150,000 $157,500 $165,375 $173,644 $182,326 $191,442 $201,014 $211,065 $221,618 $232,699 Debt service(Assumes:5.5%,20yrs and $950,000 total loan amt.) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) Operating ($81,240) ($85,302) ($89,567) ($94,045) ($98,748) ($103,685) ($108,869) ($114,313) ($120,028) ($126,030) Tax foregone(increased by 5%) ($4,728.64) ($4,965.07) ($5,213.33) ($5,473.99) ($5,747.69) ($6,035.08) ($6,336.83) ($6,653.67) ($6,986.35) ($7,335.67) . Taxes Paid on Retail(increased by 5%) ($7,015) ($7,366) ($7,734) ($8,121) ($8,527) ($8,954) ($9,401) ($9,871) ($10,365) ($10,883) City Portion of Retail Tax $1,964 $2,063 $2,166 $2,274 $2,388 $2,507 $2,632 $2,764 $2,902 $3,047 Total $15,485 $16,371 $19,365 $22,508 $25,808 $29,273 $32,912 $36,732 $40,743 $44,955 I Personnel($11.00/hr-16 hrs/day-7days/week) $64,240 Utilities $10,000 Supplies $2,000 Maint&Repair $5,000 Total Assessed Value $422,200 Appraisal Information: Land Area 43609 SF Total Assessed Land Value $277,000 Frontage 396.4' Total Building Value(Total Value-Land Value) $145,200 Buildings: 4,752 SF of retail built 1984 Total Building Tax $5,808 Parking Lot: 95 Spaces Zoning: CBD-60 Percentage of Land covered by building 11% Retail Gross Income: $48,000.00 Total Land Tax $11,080 Parking Lot Gross Income $150,000.00 11%of total $1,207 Total Taxes $7,015 Goldberg Operating Expenses: Insurance $750 Legal and Acctg $4,500 City Portion of Taxes $1,964 Real Estate Taxes $32,500 Utilities $4,800 Management $9,800 Supplies $1,000 Misc. $500 Maint&Repair $3,500 Struct Maint $1,300 Parking Lot Labor $34,900 NYS Sales Tax $10,500 • V' 8/20/03 . CONFIDENTIAL Green Street Parking Lot Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Retail rent $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 $36,000 Parking revenues $150,000 $157,500 $165,375 $173,644 $182,326 $191,442 $201,014 $211,065 $221,618 $232,699 Debt service(Assumes:5.5%,20yrs and $950,000 total loan amt.) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) ($79,495) Operating ($81,240) ($85,302) ($89,567) ($94,045) ($98,748) ($103,685) ($108,869) ($114,313) ($120,028) ($126,030) Tax foregone(increased by 5%) ($4,728.64) ($4,965.07) ($5,213.33) ($5,473.99) ($5,747.69) ($6,035.08) ($6,336.83) ($6,653.67) ($6,986.35) ($7,335.67) . Taxes Paid on Retail(increased by 5%) ($7,015) ($7,366) ($7,734) ($8,121) ($8,527) ($8,954) ($9,401) ($9,871) ($10,365) _ ($10,883) City Portion of Retail Tax $1,964 $2,063 $2,166 $2,274 $2,388 $2,507 $2,632 $2,764 $2,902 $3,047 Total $15,485 $16,371 $19,365 $22,508 $25,808 $29,273 $32,912 $36,732 $40,743 $44,955 I Personnel($11.00/hr-16 hrs/day-7days/week) $64,240 Utilities $10,000 Supplies $2,000 Maint&Repair $5,000 Total Assessed Value $422,200 Appraisal Information: Land Area 43609 SF Total Assessed Land Value $277,000 Frontage 396.4' Total Building Value(Total Value-Land Value) $145,200 Buildings: 4,752 SF of retail built 1984 Total Building Tax $5,808 Parking Lot: 95 Spaces Zoning: CBD-60 Percentage of Land covered by building 11% Retail Gross Income: $48,000.00 Total Land Tax $11,080 Parking Lot Gross Income $150,000.00 11%of total $1,207 Total Taxes $7,015 Goldberg Operating Expenses: Insurance $750 Legal and Acctg $4,500 City Portion of Taxes $1,964 Real Estate Taxes $32,500 Utilities $4,800 Management $9,800 Supplies $1,000 Misc. $500 Maint&Repair $3,500 Struct Maint $1,300 Parking Lot Labor $34,900 NYS Sales Tax $10,500 • • 8/20/03 %'nJ" rr =F''}'+h b t- °`r a.s:xf"j` .`• x Y,yet `rt > d °raT'n,'a&' ,'y"` .'.�," ',.. +z,-n Green Street Ga a Re is nation P ojectl lyuga Greeni .e a I antltliou_si ,• 0 ASSUMPTIONS: Garage Reconstruction Costs Repair Garage $3,953,000.00 Interest Rate on Bond 5.50% Demolition of Helix,Bridge and Add New Ramps $0.00 Term on Bond 20 Annual City Costs $330,784.39 Total Green Garage City Rehab Costs $3,953,000.00 Cayuga Green Commercial Project Revenues PILOT $162,500.00 Cayuga Retail Rent(22,000 SF @$3.00/SF) $66,000.00 Green Retail Rent(16,000 SF @$2.00/SF) $32,000.00 Ground Rent $100,000.00 Commercial Sales Tax(2%of$2,000,000.00) $40,000.00 Other Sales Tax(38,000 SF of Retail) $114,000.00 Total Cayuga Green Project Revenues $514,500.00 Benefit Assessment District $100,000.00 Total available annual expenditure $845,284.39 Available for capital expenditure ($12,285,147.95) Green Garage RehabProject Proforma8-1-03-a-- Green Garage Page 1 of 1 8/20/03 Confidential Gre tiItreet Gatage Reabit ation PPro ec G yu a;Green Retail and ASSUMPTIONS: Garage Reconstruction Costs Repair Garage $3,953,000.00 Interest Rate on Bond 5.50% Demolition of Helix,Bridge and Add New Ramps $0.00 Term on Bond 20 Annual City Costs $330,784.39 Total Green Garage City Rehab Costs $3,953,000.00 Cayuga Green Commercial Project Revenues PILOT $162,500.00 Cayuga Retail Rent(22,000 SF @$3.00/SF) $66,000.00 Green Retail Rent(16,000 SF @$2.00/SF) $32,000.00 Ground Rent $100,000.00 Theatre Sales Tax(2%of$2,000,000.00) $40,000.00 Other Sales Tax(38,000 SF of Retail) $114,000.00 Total Cayuga Green Project Revenues $514,500.00 Benefit Assessment District $100,000.00 Total available annual expenditure $845,284.39 Available for capital expenditure ($12,285,147.95) Land Acquisition ($950,000.00) Net available for construction ($11,335,147.95) • Green Garage RehabProject Proforma8-1-03-b--Confidential Green Garage Page 1 of 1 • 8/20/03 Confidential -r em ,. }^^' "° tl'" `: x . S a �, ;a"'i°''9g",°, i "', ,k..w � to M. t _ ^•g Green Stye ,Garage4 Rehabilltatiyo Probe flCayuga: teen °*eta l ands ASSUMPTIONS: Garage Reconstruction Costs Repair Garage $3,953,000.00 Interest Rate on Bond 5.50% Demolition of Helix,Bridge and Add New Ramps $0.00 Term on Bond 20 Annual City Costs $330,784.39 Total Green Garage City Rehab Costs $3,953,000.00 Cayuga Green Commercial Project Revenues PILOT $162,500.00 Cayuga Retail Rent(22,000 SF @$3.00/SF) $66,000.00 Green Retail Rent(16,000 SF @$2.00/SF) $32,000.00 Ground Rent $100,000.00 Theatre Sales Tax(2%of$2,000,000.00) $40,000.00 Other Sales Tax(38,000 SF of Retail) $114,000.00 Total Cayuga Green Project Revenues $514,500.00 Benefit Assessment District $100,000.00 Total available annual expenditure $845,284.39 Available for capital expenditure ($12,285,147.95) • Land Acquisition ($950,000.00) Net available for construction ($11,335,147.95) Green Garage RehabProject Proforma8-1-03-b--Confidential Green Garage Page 1 of 1 Conservation Advisory Committee Meeting,Aug 11,2003 -MEETING MINUTES - Attending: Dan Hoffman,Paul Salon, Greg Thomas. Michael Culotta(sect'y),Judy Jones Absent: Jack Elliott, Dan Cogan(Common Council Liaison) , DRAFT Comments by the CAC SEQR/CEQR: Streamlining of the City's process. CAC endorses the effort to have the CEQR regs parallel state regs (SEQR) so that building and development applicants are only required to go one place to understand their obligations for environmental review under SEQR/CEQR. The City thresholds now provide for the City to mandate an EIS. If the thresholds are set higher, the ability to call for EIS would be reduced and that would not allow a process for alternatives analysis(an inherent part of the EIS)to a proposed development to be adequately considered. Q: Has this been a big problem? Q: has the City has been judicious in mandating an EIS CAC favor of retaining the current thresholds to give the city more flexibility in dealing with special feature of Ithaca that might not be included or considered in the State thresholds The closer the City gets to full build out the more important having these thresholds becomes. Some inconsistencies: Page Nine of the City version: Part A 176-4 Type one actions. No changes.: "All agencies are subject to Type one list. " A-2(prop new section) Agencies may adopt their own list of Type I actions. Part 176-5 (B) Same deletion noted in the"Type two section". Q: Do the authors intend for City agencies could adopt their own Type I list. CAC recommends that there should be just one type One list in CEQR. Describing CAC role: Page 8 (City version) Improve the language to (1) Set forth some standard for notice to allow adequate time for CAC review. (2) Positively express the CAC role. Which is to review and comment to lead agencies on Type I actions that are subject to a LEAF or SEAF. Conclusion: In this time of concern about open government and due process, having a positive statement about the role of advisory boards can only help