1. Active Calendar 1.I. Active Calendar For September 9, 2021 Documents: ACTIVE CALENDAR SEPTEMBER 9 2021.PDF 2. Supporting Legislation 2.I. Support Legislation For September 9, 2021 Meeting Documents: SUPPORT LEGISLATION SEPTEMBER 9, 2021.PDF 2.II. Ordinance 13.51.21 (As Amended 8/20/2021) Documents: ORDINANCE 13.51.21 (FAHEY) [AA 08.20.2021] (FINAL)SMALL CELL WIRELESS FACILITES IN CITY RIGHT OF WAY.PDF 2.III. Ordinance 11.61.21 Amended 7.6.2020 Documents: ZTA 0012 FULL EAF PART 1 (ORDINANCE 11.61.2021).PDF ZTA 0012 FULL EAF PART 2 (ORDINANCE 11.61.21).PDF ORDINANCE 11.61.20 (KIMBROUGH) [AS AMENDED07.06.2021] ALLOWS FOR PARKING IN MU-CU ZONES.PDF 3. Minutes 4. Majority Consent (MC) 4.I. Resolution Number 74.91.21R Added By Majority Consent Documents: RESOLUTION 74.91.21R (MC) [FINANCE] - SALARY CHANGE, HR DIRECTOR.PDF 5. Supporting Document 6. Public Comment Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, September 9, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held (a) Local Law C 3 Doesschate A LOCAL LAW AMENDING of 2021 (As ARTICLE VIIB (ALBANY Amended POLICE DEPARTMENT INTERACTIONS) OF PART 1 (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS Local Laws Held Local Law R 7 Farrell and Hoey A LOCAL LAW ENACTING of 2021 (MC) A MINIMUM COMPENSATION FOR CITY OF ALBANY EMPLOYEES Ordinances Introduced Ordinances Held 13.51.21 As 17 Fahey AN ORDINANCE Amended AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” Ordinances Held 23.82.21 20 Igoe AN ORDINANCE AUTHORIZING AND DIRECTING THE GRANT TO ALECIA SEARS AND BRETT SEARS OF AN EASEMENT IN THE CITY OF ALBANY OVER A PORTION OF THE CITY RIGHT-OF-WAY OF MYRTLE AVENUE FOR THE CONSTRUCTION AND MAINTENANCE OF A FENCE ADJACENT TO THEIR PROPERTY AT 40 Page 2 of 2 SOUTH MANNING BOULEVARD Resolution Introduced (a)Resolution Intro’d 73.91.21R Anane & Johnson A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY SUPPORTING THE CLEAN SLATE ACT Resolutions Held 37.42.21R 6 Anane A RESOLUTION AUTHORIZING A RIGHT- OF-WAY FRANCHISE AGREEMENT WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY- OWNED RIGHTS-OF-WAY Resolutions Held 38.42.21R 7 Fahey A RESOLUTION AUTHORIZING A RIGHT- OF-WAY FRANCHISE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR INSTALLATION OF TELECOMMUNICATIONS EQUIPMENT ON CITY- OWNED RIGHTS-OF-WAY Resolutions Held 56.62.21R 11 Kimbrough RESOLUTION HONORING THE LIFE AND LEGACY OF CHARLES E. TRAYNHAM AND RENAMING A PORTION OF MOHAWK STREET IN HIS HONOR Resolutions Held 66.81.21R 12 Johnson RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE MAYOR TO ENTER INTO AND EXECUTE A LICENSE AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE SOUTH-END CONNECTOR PROJECT (a) Pending Discussions at Caucus on September 1, 2021 @5:30pm Council Chamber, 2nd floor City Hall (8/26/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION SEPTEMBER 9, 2021 ORDINANCES 25.91.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 77, 79, 81, 83, 83.5, AND 85 SHERMAN STREET FROM “TWO FAMILY” (R-2) TO “MIXED-USE COMMUNITY URBAN” (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY 26.91.21 AN ORDINANCE AUTHORIZING THE SALE TO ROCIO VILLA OF THE CITY-OWNED PROPERTY LOCATED AT 142 LIVINGSTON AVENUE (Tax Map Parcel Number 65.74-4-13) 27.91.21 AN ORDINANCE AUTHORIZING THE SALE TO KIM CHAMPION OF THE CITY-OWNED PROPERTY AT 59 FIRST STREET (Tax Map Parcel Number 65.82-1-64) RESOLUTIONS 73.91.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY SUPPORTING THE CLEAN SLATE ACT Council Member Love introduced the following: ORDINANCE 25.91.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 77, 79, 81, 83, 83.5, AND 85 SHERMAN STREET FROM “TWO-FAMILY” (R-2) TO “MIXED-USE COMMUNITY URBAN” (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 of the Code of the City of Albany (Unified Sustainable Development Ordinance) and the Official Zoning Map are hereby amended to change the zoning classifications of 77, 79, 81, 83, 83.5, and 85 Sherman Street from Two-Family (R-2) to Mixed- Use Community Urban (MU-CU), said properties being more particularly described as follows: All those parcels of land situated in the City of Albany, County of Albany and State of New York, identified on the tax map as follows: Parcel 1 Section: 65 Block: 72 Lot: 3 Sub Lot: 37 Said premises more commonly known as 77 Sherman Street measuring approximately 29.6’ by 70’. Parcel 2 Section: 65 Block: 72 Lot: 3 Sub Lot: 38 Said premises more commonly known as 79 Sherman Street measuring approximately 28.6’ by 70’. Parcel 3 Section: 65 Block: 72 Lot: 3 Sub Lot: 39 Said premises more commonly known as 81 Sherman Street measuring approximately 21.85’ by 70’ Parcel 4 Section: 65 Block: 72 Lot: 3 Sub Lot: 40 Said premises more commonly known as 83 Sherman Street measuring approximately 18.86’ by 70’ Parcel 5 Section: 65 Block: 72 Lot: 3 Sub Lot: 41 Said premises more commonly known as 83.5 Sherman Street measuring approximately 19.28’ by 70’ Parcel 6 Section: 65 Block: 72 Lot: 3 Sub Lot: 42 Said premises more commonly known as 85 Sherman Street measuring approximately 29.32’ by 70’ Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 24TH DAY OF AUGUST, 2021 ________________________________ Corporation Counsel TO: Danielle Gillespie, City Clerk FROM: John-Raphael Pichardo, Esq., Research Counsel Zach Powell, Senior Planner, AICP RE: COMMON COUNCIL SUPPORTING MEMORANDUM DATE: August 24, 2021 SPONSOR: Council Member Love Ordinance 25.91.21 TITLE AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATIONS OF 77, 79, 81, 83, 83.5, AND 85 SHERMAN STREET FROM “TWO- FAMILY” (R-2) TO “MIXED-USE COMMUNITY URBAN” (MU-CU) AND AMENDING THE ZONING MAP ACCORDINGLY GENERAL PURPOSE OF LEGISLATION The proposed zoning map amendment is necessary to allow the Legal Aid Society of Northeastern New York to construct adequate parking for its staff and low income clients at the Center for Civil Legal Services, 95 Central Avenue. Legal Aid provides free urgent civil legal services to low income and vulnerable clients. Effective mid-June, the staff at the Center will total 51 people and there are currently only 28 spaces. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW: Legal Aid Society of Northeastern New York currently has a total of 28 spaces (16 located directly behind the building and 12 across Sherman Street. Legal Aid Society of Northeastern New York has acquired lots 85, 79, 77, 73, 71, and 69 Sherman Street to create one continuous parking lot on the opposite side of Sherman Street. The proposed parking lot will create 44 parking spaces. With the closure of Legal Aid Society’s rental space in mid-town, a total of 15 more employees will be returning to the office as soon as possible. Current plans call for return by mid-June; if adequate parking is not available, staff would be forced to work from home during construction. TIME FRAME FOR PASSAGE: As soon as possible. FISCAL IMPACTS: None. Council Member Love introduced the following: ORDINANCE 26.91.21 AN ORDINANCE AUTHORIZING THE SALE TO ROCIO VILLA OF THE CITY- OWNED PROPERTY LOCATED AT 142 LIVINGSTON AVENUE (Tax Map Parcel Number 65.74-4-13) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the vacant, 0.05± acre parcel at 142 Livingston Avenue (tax map parcel number 65.74-4-13) be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Rocio Villa, SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 26TH DAY OF AUGUST, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 26, 2021 SPONSOR Council Member Love ORDINANCE 26.91.21 TITLE AN ORDINANCE AUTHORIZING THE SALE TO ROCIO VILLA OF THE CITY- OWNED PROPERTY LOCATED AT 142 LIVINGSTON AVENUE (Tax Map Parcel Number 65.74-4-13) GENERAL PURPOSE OF LEGISLATION Rocio Villa, who owns and resides at 23 North Swan Street, wishes to purchase this vacant parcel, which abuts the rear of her existing property, to use as parking. Ms. Rocio has informed us that “our family currently parking our vehicles on North Swan St. and Livingston. We were victims of several accidents on Swan St. due to the high traffic and parking issues in the area.” Ms. Rocio added that she wants to “keep the lot clean and secure to improve the area.” The TRC expressed no concerns that would prevent the sale of this property. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) The property is assessed for $1,500 and will be sold for that amount. Council Member Love introduced the following: ORDINANCE 27.91.21 AN ORDINANCE AUTHORIZING THE SALE TO KIM CHAMPION OF THE CITY- OWNED PROPERTY LOCATED AT 59 FIRST STREET (Tax Map Parcel Number 65.82- 1-64) The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. It is hereby ordered and directed that all the right, title and interest of the City of Albany in and to the vacant, 0.08± acre parcel at 59 First Street (tax map parcel number 65.82- 1-64) be sold at private sale, pursuant to the provisions of Local Law No. 4 of 1984, to Kim Champion, SUBJECT to all easements, restrictions, and rights of way of record. Section 2. It is hereby determined that the aforesaid property has been abandoned for municipal or public purposes. Section 3. The form, content, terms, and conditions of such conveyance shall be approved by the Corporation Counsel and shall be subject to the approval of the Board of Estimate and Apportionment, and if approved by said Board, the Mayor is hereby authorized and directed to execute a proper deed of conveyance for valuable consideration. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 26TH DAY OF AUGUST, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 26, 2021 SPONSOR Council Member Love ORDINANCE 27.91.21 TITLE AN ORDINANCE AUTHORIZING THE SALE TO KIM CHAMPION OF THE CITY- OWNED PROPERTY LOCATED AT 59 FIRST STREET (Tax Map Parcel Number 65.82- 1-64) GENERAL PURPOSE OF LEGISLATION Kim Champion, who also owns 6 Cuyler Street, 139 4th Avenue, 77 Elizabeth Street, 41 Judson Street, and 57 and 61 First Street wishes to purchase 59 First Street to “utilize the space for gardening.” The TRC expressed no concerns that would prevent the sale of this property. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The sale of City-owned property requires Common Council approval. FISCAL IMPACT(S) The property is assessed for $2,300 and will be sold for that amount. Council Members Anane and Johnson introduced the following: RESOLUTION NUMBER 73.91.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY SUPPORTING THE CLEAN SLATE ACT WHEREAS, it is estimated that 2.3 million people in New York State have criminal conviction records; and WHEREAS, people with criminal conviction records face thousands of civil barriers to employment, licensing, housing and educational opportunities long after they have completed their sentences; and WHEREAS, racial disparities and socio-economic discrimination are rampant throughout the criminal legal system, and statistics and anecdotal evidence show that convictions for even low-level offenses result in cyclical harm and structural instability for individuals, families and communities; and WHEREAS, excluding individuals with criminal records from full participation in society through a system of perpetual punishment creates intergenerational trauma and exacerbates racial and economic inequality; and WHEREAS, Black and Latinx New Yorkers are far more likely to be stopped, arrested, prosecuted, convicted and incarcerated by the criminal legal system than white New Yorkers; and WHEREAS, people of color are far more likely to be discriminated against based on a conviction record; and WHEREAS, it has been estimated that people who have been to prison lose an average of $484,400 in earnings over their lifetime; and WHEREAS, it has been estimated that excluding individuals with conviction histories from the workforce costs the economy between $78 billion and $87 billion in lost gross domestic product; and WHEREAS, approximately 95% of incarcerated people return to their communities after serving their sentences; and WHEREAS, giving people access to jobs, housing, education and licenses to practice a trade increases their participation in the economy and reduces the likelihood they will return to prison, thereby making our communities safer; and WHEREAS, only approximately 2,500 of an estimated 600,000 eligible people — or less than 0.5% — have had their records sealed since New York’s current application-based sealing law went into effect in 2017; and WHEREAS, A system of automatic sealing and expungement of criminal records is essential to provide relief to those who need it most; and WHEREAS, the “Clean Slate Act” (S1553B/A6399A), sponsored by Senator Zellnor Myrie and Assembly Member Catalina Cruz, would require that most criminal records be sealed automatically after a specified period of time; and WHEREAS, the Clean Slate Act would remove systemic barriers to stable housing, employment and education and allow millions of New Yorkers to participate fully in civic life and in their communities; and WHEREAS, numerous other states, including Pennsylvania, Michigan, Utah and Connecticut, have already passed “Clean Slate” legislation. NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Albany calls on the New York State Legislature to pass, and the Governor to sign, the Clean Slate Act. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 25, 2021 Sponsors: Council Members Anane & Johnson RESOLUTION NUMBER 73.91.21R TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY SUPPORTING THE CLEAN SLATE ACT GENERAL PURPOSE OF LEGISLATION Supporting the passage of the Clean Slate Act FISCAL IMPACT(S) None. S1553B (ACTIVE) - SPONSOR MEMO BILL NUMBER: S1553B SPONSOR: MYRIE TITLE OF BILL: An act to amend the criminal procedure law, the executive law and the correction law, in relation to automatic sealing of certain convictions PURPOSE: This bill gives effect and meaning to the often repeated aphorism that people who have completed their sentences have "paid their debt to society." This bill will address some of the collateral consequences that follow a criminal conviction by requiring the automatic sealing and expungement of specified convictions. This will help to ensure that the continued punishment of those who have "paid their debt to society" will end subject to the conditions, limitations and exceptions set forth in the bill, which are summarized below. SUMMARY OF PROVISIONS: Section 1 amends the Criminal Procedure Law by adding a new § 160.57. § 160.57. Automatic sealing and expungement of certain convictions. Applies to certain misdemeanors and felonies subject to certain conditions. Among these conditions are waiting periods for traffic infractions, misdemeanors and felonies. Other conditions require that the defendant not have a pending criminal charge in this state, not currently on probation or parole for the eligible conviction and that the defendant is not currently required to register as a sex offender. The section provides for notification of sealing to the Office of Court Administration, the court of conviction and the heads of all appropriate police and sheriff departments. The section further allows for nine exceptions. The section also sets forth the manner in which various records in the possession of any state agency and third- party agencies shall be expunged, including biometric information, photographs, fingerprints, official records and papers. The section prohibits the release of expunged records by various entities pursuant to exceptions such as a state or local officer or agency with responsibility for the issuance of licenses to possess guns. Defendants cannot be required or permitted to waive eligibility for sealing or expungement as part of a plea bargain and such waivers are declared void and unenforceable. A defendant claiming to be aggrieved by a violation of the section shall have a cause of action for damages, including punitive damages, and such other remedies as may be appropriate. The Division of Human Rights shall also have powers of enforcement. § 2 amends Criminal Procedure Law § 1.20(45) to define the term "To expunge." § 3 amends Executive Law § 845-d(3) to include the expungement pursuant to Criminal Procedure Law § 160.57 of criminal history information that is not otherwise authorized by law or that is sealed pursuant to specific section of the Criminal Procedure Law. § 4 amends the Executive Law by adding a new subdivision 23 to require the promulgation of a standardized form for use by individuals to notify the Division of Criminal Justice Services of the need to take requisite action for related records. § 5 amends Executive Law § 26(16) to make it an unlawful discriminatory practice for any person or entity "to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual" in the case of a conviction which is sealed or expunged pursuant to CPL § 160.57 in connection with licensing, housing employment, volunteer positions or providing of credit or insurance to such individual, with certain exceptions, for example in connection with the licensing of firearms or in relation to employment as a police officer. § 6 amends section 9 of the correction law as added by section 2 of part 00 of chapter 56 of the laws of 2010 by requiring that an individual's information concerning their conviction that is posted on a website maintained by the department shall remain on such website no longer than three years past the maximum sentence of imprisonment has expired and at the conclusion of parole or post-release supervision. § 7 provides that the act shall take effect on 120 days after it shall have become a law. JUSTIFICATION: Once an individual's "debt to society" is paid, justice demands that the individual not be punished further in connection with employment, housing, obtaining credit, and many additional areas essential for successful participation in one's community. This Act will provide such individuals with a Clean Slate to move on with their lives and not be punished in perpetuity. It aims to end perpetual punishment by requiring the expungement of certain records subject to a variety of conditions and exceptions, making it illegal and a violation of Human Rights to unlawfully disseminate any information that has been expunged. LEGISLATIVE HISTORY: S8165 of 2020 FISCAL IMPLICATIONS: Not yet determined. EFFECTIVE DATE: 120 days after it shall have become a law. Council Member Fahey introduced the following: ORDINANCE 13.51.21 (As Amended 08/20/2021) AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 323 (Streets and Sidewalks) of Part II (General Legislation) of the Code of the City of Albany is hereby amended to add a new Article VII, to be entitled “Small Cell Wireless Facilities in City Rights of Way,” to read as follows: Article VII Small Cell Wireless Facilities in City Rights of Way § 323-100 Purpose and scope. A. The purpose of this Article is to establish uniform standards for the deployment and installation of Small Wireless Facilities in rights-of-way within the City’s jurisdiction, including, without limitation, to: (1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; (2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; (3) Prevent interference with existing facilities and operations of facilities presently lawfully located in rights-of-way or public property; (4) Ensure that reasonable efforts are made to preserve the character of neighborhoods in which facilities are installed; (5) Protect against environmental damage, including damage to trees; and (6) Facilitate rapid deployment of Small Wireless Facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband, and emergency services to homes, businesses, schools, and other uses within the City. B. The City recognizes the importance of Small Wireless Facilities to provide high-quality communications and internet access to residents and businesses within the City. The City also recognizes its obligation to comply with applicable Federal and State laws regarding the placement of Small Wireless Facilities within the City's rights-of-way, including, without limitation, the federal Telecommunications Act, as codified at 47 U.S.C. §§ 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455, and this Article shall be interpreted consistent with those provisions. C. To the extent that this Article may conflict with other sections of the Code of the City of Albany, this Article shall be controlling to the extent of such conflict. D. In establishing the rights, obligations, and conditions set forth in this Article, it is the intent of the City to treat each applicant and right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, while taking into account the unique technologies, situations, and legal status of each applicant or request for use of the right-of-way. § 323-101 Definitions. Aesthetic Standards Shall mean such standards as may be published from time to time by the City, as consistent with this Article, which shall set forth rules and regulations for the siting and construction of Small Wireless Facilities within the City ROW. Agreement Shall mean the uniform Master License Agreement to be executed by each Applicant seeking to deploy Small Wireless Facilities in the City ROW, as described and laid out in section 323-102 of this Article. Applicable Law or Law Shall mean all federal, state, and local laws, statutes, codes, ordinances, resolutions, orders, rules, and regulations. Applicant Shall mean any person or entity who applies to the City of Albany for a license to deploy Small Wireless Facilities. Carrier Shall mean any person or entity engaged in or who seeks to engage in the provision of a commercial mobile service in the City of Albany. CPO Shall mean the Chief Planning Official of the City of Albany, as that term is defined in the City of Albany Unified Sustainable Development Ordinance. Collocate Shall mean to attach, install, mount, maintain, modify, operate, and/or place one or more Facilities on an existing support structure. Commissioner Shall mean the Commissioner of the Department of General Services, or the Commissioner’s designee. Deployment Shall mean the construction, repair, replacement, maintenance, attachment, installation, removal, reattachment, reinstallation, relocation, and/or operation of Facilities within the City ROW. Equipment Shall mean the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed in the City ROW, including but not limited to control boxes, fiber optic and other cables, wires, conduit, power sources, grounding equipment, battery backup and other equipment, structures, and appurtenances which may be installed, maintained, operated and/or used for the purpose of Small Wireless Facilities Deployments. This definition shall include new types of telecommunications equipment that are substantially similar to Small Wireless Facilities existing as of the Effective Date of this Agreement, or that have reduced or less adverse impacts on the City ROW with respect to size, coverage/spacing requirements, and general physical characteristics. Facility or Facilities Shall mean any and all Equipment and installations of any kind owned and/or controlled by Carrier that are reasonably necessary and appropriate for the provision of Services. FCC Shall means the Federal Communications Commission of the United States. FCC Wireless Infrastructure Order Shall mean the Declaratory Ruling issued by the FCC on September 27, 2018 in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088). License Shall mean a non-exclusive right granted by the City to an Applicant to deploy Small Wireless Facilities on, over, under, upon, across, and/or along the City ROW. Radiofrequency Emissions or RF Emissions Shall mean electromagnetic energy including radio waves and microwaves that are transmitted or received by Facilities. Right-of-Way or ROW Shall mean the space in, upon, above, under, along, across, and over the public streets, roads, highways, sidewalks, and public ways owned or controlled by and under the jurisdiction of the City, as the same now or may hereafter exist. This term shall not include: (a) any county, state, or federal ROW; (b) public utility easements, whether owned by the City or others, except as provided by applicable Laws or pursuant to any agreement between the City and any such person or entity; or (c) any property owned by the City that is not a public street, road, highway, sidewalk, or other public way, such as parks, City buildings, and property on which City buildings are located. Services Shall mean any telecommunications service provided by means of the Facilities installed by Carrier in accordance with this Article, for which Carrier holds a valid authorization issued by the FCC; or the leasing, operation, or maintenance of the same by Carrier in accordance with this Article. “Services” do not include cable service or open video services. Small Wireless Facility Shall mean a Facility that meets the definition of “Small Wireless Facility” set forth in 47 CFR § 1.6002. The term “Small Wireless Facility” includes associated Equipment and Facilities as those terms are defined in this section, but does not include Support Structures to which such Equipment and Facilities are attached. Small Wireless Facility Permit Shall mean the authorization granted after review and approval by the CPO of an application for a Small Wireless Facility. Support Structure Shall mean a structure to which a Small Wireless Facility is or may be attached, including, but not limited to, existing support structures, support structures where facilities may be co-located, and support structures to be installed by the Carrier. § 323-102 License agreement and permit applications. A. The Commissioner shall, in consultation with other City departments, develop and make available a uniform Master License Agreement to be executed by each Applicant seeking to deploy Small Wireless Facilities in the City ROW. The uniform Master License Agreement shall include all provisions necessary to ensure the overall interests of public health, safety, and welfare, including, but not limited to, the following provisions: (1) An acknowledgement that the licensee may not place a Small Wireless Facility in the ROW without first obtaining any and all necessary permits; (2) A requirement that all Small Wireless Facilities and related equipment must comply with FCC safety rules, regulations, and standards for RF emissions; (3) A requirement that the installation, operation, and maintenance of Small Wireless Facilities shall adhere to all provisions of this Code, the aesthetic, safety and operating Standards, and all other applicable laws and regulations; (4) A requirement that Small Wireless Facilities may not obstruct, impede, or hinder the usual travel or public safety of pedestrians or vehicles on or in the ROW, and may not obstruct the legal use of the ROW by lawfully present utility providers; (5) A requirement that Small Wireless Facilities may not be installed or operated in a manner that violates the Americans with Disabilities Act; (6) A requirement that any licensee whose actions cause damage or interfere with the use of the ROW, or any objects located within the ROW, shall be responsible for any necessary repairs and/or restoration at the licensee's sole expense; (7) A requirement that the licensee shall be responsible for the payment of an annual fee for access to the ROW and/or attachment to City-owned structures in the ROW; (8) No exclusive, irrevocable property right or any other interest shall be created by the licensee; (9) The license agreement shall be in the general form as developed by the City; (10) The City, in applying the provisions of this Article, will act in a competitively neutral manner with regard to all other users of the right-of-way. B. A permit application for each Small Wireless Facility shall be submitted to the Commissioner for administrative review in accordance with this Article, the Unified Sustainable Development Ordinance, and all other applicable provisions of the Code. This application shall be made on a form promulgated by the Commissioner. C. Applicants seeking a Permit or Permits shall: (1) Provide, in a format acceptable to the City, notification to all affected property owners within a 250 radius of the proposed installation that an application has been submitted for review. The notification must be post marked within seven (7) days of the submission of the application. Applicants must provide proof of notification to the Commissioner within seven (7) days from the date such notifications are post marked. Such proof of notification shall include: (a) A map showing a 250-foot buffer drawn around the proposed pole, with all parcels even partially within the radius identified; (b) A copy of the notification that was mailed out to the owners of the properties identified on the map described in subparagraph (a), above; and (c) A list of mailing addresses of those property owners. (2) Submit proof of insurance for the Carrier licensed by the FCC and each contractor that will work on the project for which the application is sought, as follows: (a) Proof of Commercial General Liability insurance with completed operations, to which the City of Albany has been added as additional insured; (b) Certificates or affidavits approved by the State Workers’ Compensation Board pursuant to Workers’ Compensation Law § 57(2), evidencing proof of workers’ compensation insurance or proof of Applicant not being required to secure same; and § 323-103 Application review process. A. All applicants shall initiate an informal pre-application meeting with the Commissioner to expedite the application review and permitting process by identifying and preliminarily addressing any significant issues or concerns the City or the applicant may have. Participation in a pre-application meeting shall not commence the applicable review period. B. An applicant may combine into a single batch application up to ten (10) individual applications for permits for new Small Wireless Facilities to be located in the City ROW, provided that the proposed Small Wireless Facilities are of substantially the same design and style and are located within a single two (2) mile radius. C. The Commissioner shall review each application to determine whether it is complete and whether it complies with all terms and conditions of the Agreement and this Article, including the Aesthetic, Safety, and Operating standards laid out in § 323-104 of this Article, as well as all other applicable rules, regulations and guidelines promulgated pursuant to this Article. D. The Commissioner shall review each application on an expedited basis so as to comply with the “shot clocks” set forth in the FCC Wireless Infrastructure Order and all other requirements of the federal Telecommunications Act, as codified at 47 U.S.C. § 253 and 332(c), and the federal Spectrum Act, as codified at 47 U.S.C. § 1455. E. The Commissioner shall review the permit application and shall prepare any findings and proposed conditions. The Commissioner shall, upon receipt of an application, forward copies to, and coordinate with, all other impacted City departments and agencies. F. Within the time allowed under the “shot clocks” for approval or denial of a permit application, the Commissioner shall issue a decision that either approves, approves with conditions, or denies the requested permits, with the reasons for such decision set forth in writing and supported by specific findings of substantial evidence. G. In the event that an application is denied, the applicant may appeal such denial within thirty (30) days to the Board of Zoning Appeals of the City of Albany, pursuant to section 375- 504(12)(b) of the City’s Unified Sustainable Development Ordinance. § 323-104 Regulatory authority. A. The City shall have the authority to adopt regulations governing the placement, modification, and maintenance of small wireless facilities in the City ROW in addition to but consistent with the requirements of this Article, including regulations related to collocation, the resolution of conflicting applications for placement of wireless telecommunications facilities, and aesthetic standards. The Commissioner shall have the authority to develop forms and procedures for submission of applications for small wireless facilities permits. B. The City shall have the power to establish reasonable and non-discriminatory limitations on the deployment of new or additional Small Wireless Facilities within the City ROW if there is insufficient space to accommodate all of the requests of providers or other persons or entities seeking to occupy and use the City ROW. In making such decisions, the Commissioner shall accommodate, to the extent possible, all existing Small Wireless Facilities and those for which an application has been submitted but not yet determined. In determining priority beyond those applicants with vested interests, the Cityr shall be guided by the following criteria, but may consider any other relevant criteria not here enumerated: (1) The width and physical condition of the City ROW; (2) The time of year with respect to essential utilities; (3) The protection of existing city facilities, utility infrastructure, and Small Wireless Facilities in the City ROW; (4) The availability of Services and any gaps in service; (5) Established plans for public improvements and development projects that have been determined to be in the public's interest; and (6) Consistency with the purposes of this Article and the Aesthetic, Safety and Operational Standards set forth in section 323-106 of this Article, and the rules, regulations and guidelines promulgated thereunder. E. In addition to obtaining a Small Wireless Facility Permit, applicants may be required to obtain additional permits including, but not limited to, building permit(s), electrical permit(s), grading permit(s), tree trimming application(s), street opening permit(s), sidewalk barricade permit(s), and/or certificate(s) of appropriateness. § 323-105 Permit fees and charges. A. The following non-recurring fees are required for each Small Wireless Facility and shall be due upon submission of the application therefor: (1) For collocations or facilities mounted on an existing or replacement Support Structure, $500.00 for an application for up to five Small Wireless Facilities, with an additional $100.00 for each Small Wireless Facility beyond five. (2) For Small Wireless Facilities placed on new poles, $1,000.00 B. The following annual fees are required for each Small Wireless Facility: (1) For collocations or Facilities mounted on an existing or replacement Support Structure, $135.00 per year. (2) For Facilities placed on new poles, $270.00 per year. C. The first year’s annual fee shall be due within ninety (90) days of when the installation is complete and shall not be prorated, regardless of the date of such completion. For each subsequent year, the annual fee shall be due on or before January 31. § 323-106 Aesthetic Safety, and Operational standards. The City shall adopt Aesthetic Standards for Small Wireless Facilities consistent with the following requirements: A. Small Wireless facilities shall not interfere with pedestrian or vehicle safety, the use of streets, sidewalks, alleys, parkways, and/or other public ways and places, the operation of traffic control equipment or sightlines at intersections, and shall not obstruct or hinder the usual travel use or public safety of the City ROW, or obstruct the legal use of the ROW by utilities. B. Small Wireless Facilities shall not violate or materially interfere with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement. C. The color of Small Wireless Facilities shall reasonably match the color of the support structure upon which they are attached. Reasonable, technically feasible, nondiscriminatory, and technologically neutral design and stealth concealment measures shall be required. New poles shall match the color and finish of existing decorative lighting or other poles in the area, (or black where no nearby poles exist). D. Ground equipment should be minimal and the least intrusive. E. The City desires and encourages collocations between multiple wireless service providers on the same support structure whenever feasible. If the applicant chooses to not collocate when options appear available, demonstrative proof must be provided as to why collocation is not feasible. F. The following are the most preferred locations for the siting of new Small Wireless Facilities: (1) Non-historic buildings upon which the Small Wireless Facility can be camouflaged to match existing materials and texture; (2) Industrial Zoning Districts that are not adjacent to City parks, residential zones, or historic districts; or (3) Mixed-use Community Highway (MU-CH) zoning districts that are not adjacent to City parks, residential zones, or historic districts. G. The following are the least preferred locations for the siting of new Small Wireless Facilities: (1) Residential zoning districts; (2) Historic districts; both local and National Register districts; or (3) Mixed Use zoning districts. H. The following list indicates the order of preference for support structures for Small Wireless Facilities: (1) Collocations on an existing Small Wireless Facility Support Structure; (2) Existing utility poles; (3) New poles; (4) Non-decorative municipal service poles; (5) Sign poles or other structures that are at least fifteen (15) feet tall; or (6) Decorative municipal service poles, which are the least preferred option. § 323-107 Violations. Any person or entity who violates this Article or fails to comply with the provisions of this Article shall be subject to a penalty of not less than two hundred and fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00). Each day such violation or failure to comply continues shall be considered a separate offense. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 20TH DAY OF AUGUST, 2021 ________________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: April 23, 2021 Sponsor: Council Member Fahey ORDINANCE 13.51.21 (As Amended 08/20/2021) TITLE AN ORDINANCE AMENDING CHAPTER 323 (STREETS AND SIDEWALKS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW ARTICLE VII, ENTITLED “SMALL CELL WIRELESS FACILITIES IN CITY RIGHTS OF WAY” GENERAL PURPOSE OF LEGISLATION The ordinance establishes aesthetic and other standards for small cell wireless facilities installed in the City. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The City Code currently contains no standards for small cell wireless facilities. This ordinance adds such standards. FISCAL IMPACT(S) The ordinance sets application fees, yearly fee, and fine amounts, which will be a source of revenue. Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If the answer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Zoning Text Amendment #0012 Project Location (describe, and attach a general location map): See map attached Brief Description of Proposed Action (include purpose or need): Revise Chapter 375 of the City Code to allow parking lots as a principal use of land in the MU-CU zone district, subject to a Conditional Use Permit review and use-specific design standards. Name of Applicant/Sponsor: Telephone: (518) 465-6066 Christopher Spencer, Chief Planning Official E-Mail: dpd@albanyny.gov Address: 200 Henry Johnson Boulevard, Department of Development & Planning City/PO: Albany State: Zip Code: NY 12210 Project Contact (if not same as sponsor; give name and title/role): Telephone: (518) 465-6066 Bradley Glass, Director of Planning E-Mail: bglass@albanyny.gov Address: 200 Henry Johnson Boulevard, Department of Development & Planning City/PO: State: Zip Code: Albany NY 12210 Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 FEAF 2019 B. Government Approvals B. Government Approvals, Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Counsel, Town Board, ✔ 9 Yes 9 No City of Albany Common Council March 5, 2020 or Village Board of Trustees b. City, Town or Village 9 Yes 9 No Planning Board or Commission c. City, Town or 9 Yes 9 No Village Zoning Board of Appeals d. Other local agencies 9 Yes 9 No e. County agencies 9 Yes 9 No f. Regional agencies 9 Yes 9 No g. State agencies 9 Yes 9 No h. Federal agencies 9 Yes 9 No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? 9 Yes ✔ 9 No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ✔ 9 Yes 9 No iii. Is the project site within a Coastal Erosion Hazard Area? 9 Yes ✔ 9 No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the 9 Yes 9 No ✔ only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ✔ 9 Yes 9 No where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action 9 Yes ✔ 9 No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; 9 Yes 9 No ✔ Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): _______________________________________________________________________________________________________ Albany 2030 Comprehensive Plan ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, 9 Yes ✔ 9 No or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ✔9 Yes 9 No If Yes, what is the zoning classification(s) including any applicable overlay district? _________________________________________________________________________________________________________ MU-CU (Mixed-Use Community Urban); CS-O (Combined Sewer Overlay); FP-O (Floodplain Overlay); HR-O (Historic Resources Overlay) _________________________________________________________________________________________________________ b. Is the use permitted or allowed by a special or conditional use permit? 9 Yes ✔ 9 No c. Is a zoning change requested as part of the proposed action? 9 Yes ✔ 9 No If Yes, i. What is the proposed new zoning for the site? ___________________________________________________________________ C.4. Existing community services. a. In what school district is the project site located? ________________________________________________________________ City of Albany School District b. What police or other public protection forces serve the project site? _________________________________________________________________________________________________________ City of Albany Police Department c. Which fire protection and emergency medical services serve the project site? __________________________________________________________________________________________________________ City of Albany Fire Department d. What parks serve the project site? __________________________________________________________________________________________________________ Washington Park, Lincoln Park, Arbor Hill Park, Capitol Park, Westland Hills Park, Normanskill Farm, etc. __________________________________________________________________________________________________________ D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? _________________________________________________________________________________________________________ b. a. Total acreage of the site of the proposed action? _____________ acres b. Total acreage to be physically disturbed? _____________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? _____________ acres c. Is the proposed action an expansion of an existing project or use? 9 Yes 9 No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % ____________________ Units: ____________________ d. Is the proposed action a subdivision, or does it include a subdivision? 9 Yes 9 No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ________________________________________________________________________________________________________ ii. Is a cluster/conservation layout proposed? 9 Yes 9 No iii. Number of lots proposed? ________ iv. Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________ e. Will the proposed action be constructed in multiple phases? 9 Yes 9 No i. If No, anticipated period of construction: _____ months ii. If Yes: • Total number of phases anticipated _____ • Anticipated commencement date of phase 1 (including demolition) _____ month _____ year • Anticipated completion date of final phase _____ month _____year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: _______________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 3 of 13 f. Does the project include new residential uses? 9 Yes 9 No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________ g. Does the proposed action include new non-residential construction (including expansions)? 9 Yes 9 No If Yes, i. Total number of structures ___________ ii. Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length iii. Approximate extent of building space to be heated or cooled: ______________________ square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any 9 Yes 9 No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ________________________________________________________________________________ ii. If a water impoundment, the principal source of the water: 9 Ground water 9 Surface water streams 9 Other specify: _________________________________________________________________________________________________________ iii. If other than water, identify the type of impounded/contained liquids and their source. _________________________________________________________________________________________________________ iv. Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v. Dimensions of the proposed dam or impounding structure: ________ height; _______ length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): ________________________________________________________________________________________________________ D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? 9 Yes 9 No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i .What is the purpose of the excavation or dredging? _______________________________________________________________ ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): ____________________________________________ • Over what duration of time? ____________________________________________________ iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iv. Will there be onsite dewatering or processing of excavated materials? 9 Yes 9 No If yes, describe. ___________________________________________________________________________________________ ________________________________________________________________________________________________________ v. What is the total area to be dredged or excavated? _____________________________________acres vi. What is the maximum area to be worked at any one time? _______________________________ acres vii. What would be the maximum depth of excavation or dredging? __________________________ feet viii. Will the excavation require blasting? 9 Yes 9 No ix. Summarize site reclamation goals and plan: _____________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment 9 Yes 9 No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): ______________________________________________________________________________________________ _________________________________________________________________________________________________________ Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Will the proposed action cause or result in disturbance to bottom sediments? Yes 9 No If Yes, describe: __________________________________________________________________________________________ iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? 9 Yes 9 No If Yes: • acres of aquatic vegetation proposed to be removed: ___________________________________________________________ • expected acreage of aquatic vegetation remaining after project completion:________________________________________ • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________ ____________________________________________________________________________________________________ • proposed method of plant removal: ________________________________________________________________________ • if chemical/herbicide treatment will be used, specify product(s): _________________________________________________ v. Describe any proposed reclamation/mitigation following disturbance: _________________________________________________ _________________________________________________________________________________________________________ c. Will the proposed action use, or create a new demand for water? 9 Yes 9 No If Yes: i. Total anticipated water usage/demand per day: __________________________ gallons/day ii. Will the proposed action obtain water from an existing public water supply? 9 Yes 9 No If Yes: • Name of district or service area: _________________________________________________________________________ • Does the existing public water supply have capacity to serve the proposal? 9 Yes 9 No • Is the project site in the existing district? 9 Yes 9 No • Is expansion of the district needed? 9 Yes 9 No • Do existing lines serve the project site? 9 Yes 9 No iii. Will line extension within an existing district be necessary to supply the project? 9 Yes 9 No If Yes: • Describe extensions or capacity expansions proposed to serve this project: ________________________________________ ____________________________________________________________________________________________________ • Source(s) of supply for the district: ________________________________________________________________________ iv. Is a new water supply district or service area proposed to be formed to serve the project site? 9 Yes 9 No If, Yes: • Applicant/sponsor for new district: ________________________________________________________________________ • Date application submitted or anticipated: __________________________________________________________________ • Proposed source(s) of supply for new district: _______________________________________________________________ v. If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________ _________________________________________________________________________________________________________ vi. If water supply will be from wells (public or private), what is the maximum pumping capacity: _______ gallons/minute. d. Will the proposed action generate liquid wastes? 9 Yes 9 No If Yes: i. Total anticipated liquid waste generation per day: _______________ gallons/day ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): __________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Will the proposed action use any existing public wastewater treatment facilities? 9 Yes 9 No If Yes: • Name of wastewater treatment plant to be used: _____________________________________________________________ • Name of district: ______________________________________________________________________________________ • Does the existing wastewater treatment plant have capacity to serve the project? 9 Yes 9 No • Is the project site in the existing district? 9 Yes 9 No • Is expansion of the district needed? 9 Yes 9 No Page 5 of 13 • Do existing sewer lines serve the project site? 9 Yes 9 No • Will a line extension within an existing district be necessary to serve the project? 9 Yes 9 No If Yes: • Describe extensions or capacity expansions proposed to serve this project: ____________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? 9 Yes 9 No If Yes: • Applicant/sponsor for new district: ____________________________________________________________________ • Date application submitted or anticipated: _______________________________________________________________ • What is the receiving water for the wastewater discharge? __________________________________________________ v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge or describe subsurface disposal plans): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ vi. Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point 9 Yes 9 No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? _____ Square feet or _____ acres (impervious surface) _____ Square feet or _____ acres (parcel size) ii. Describe types of new point sources. __________________________________________________________________________ _________________________________________________________________________________________________________ iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ • If to surface waters, identify receiving water bodies or wetlands: ________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ • Will stormwater runoff flow to adjacent properties? 9 Yes 9 No iv. Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? 9 Yes 9 No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel 9 Yes 9 No combustion, waste incineration, or other processes or operations? If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) _________________________________________________________________________________________________________ ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) ________________________________________________________________________________________________________ iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) ________________________________________________________________________________________________________ g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, 9 Yes 9 No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet 9 Yes 9 No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application, the project will generate: • ___________Tons/year (short tons) of Carbon Dioxide (CO2) • ___________Tons/year (short tons) of Nitrous Oxide (N2O) • ___________Tons/year (short tons) of Perfluorocarbons (PFCs) • ___________Tons/year (short tons) of Sulfur Hexafluoride (SF6) • ___________Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • ___________Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 6 of 13 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, 9 Yes 9 No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ________________________________________________________________ ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): ________________________________________________________________________________________ _________________________________________________________________________________________________________ i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as 9 Yes 9 No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial 9 Yes 9 No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected (Check all that apply): † Morning † Evening †Weekend † Randomly between hours of __________ to ________. ii. For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): _____________ ________________________________________________________________________________________________________ iii. Parking spaces: Existing ___________________ Proposed ___________ Net increase/decrease _____________________ iv. Does the proposed action include any shared use parking? Yes No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: ________________________________________________________________________________________________________ vi. Are public/private transportation service(s) or facilities available within ½ mile of the proposed site? 9 Yes 9 No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric 9 Yes 9 No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing 9 Yes 9 No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand 9 Yes 9 No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ____________________________________________ _________________________________________________________________________________________________________ ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): ________________________________________________________________________________________________________ iii. Will the proposed action require a new, or an upgrade, to an existing substation? 9 Yes 9 No l. Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday - Friday: _________________________ • Monday - Friday: ____________________________ • Saturday: ________________________________ • Saturday: ___________________________________ • Sunday: _________________________________ • Sunday: ____________________________________ • Holidays: ________________________________ • Holidays: ___________________________________ Page 7 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, 9 Yes 9 No operation, or both? If yes: i. Provide details including sources, time of day and duration: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? 9 Yes 9 No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ n. Will the proposed action have outdoor lighting? 9 Yes 9 No If yes: i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? 9 Yes 9 No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ o. Does the proposed action have the potential to produce odors for more than one hour per day? 9 Yes 9 No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: ______________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) 9 Yes 9 No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s) to be stored ______________________________________________________________________________________ ii. Volume(s) ______ per unit time ___________ (e.g., month, year) iii. Generally, describe the proposed storage facilities:________________________________________________________________ ________________________________________________________________________________________________________ q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, 9 Yes 9 No insecticides) during construction or operation? If Yes: i. Describe proposed treatment(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ii. Will the proposed action use Integrated Pest Management Practices? 9 Yes 9 No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal 9 Yes 9 No of solid waste (excluding hazardous materials)? If Yes: i. Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: ____________________ tons per ________________ (unit of time) • Operation : ____________________ tons per ________________ (unit of time) ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ • Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ • Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 8 of 13 s. Does the proposed action include construction or modification of a solid waste management facility? 9 Yes 9 No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ___________________________________________________________________________________ ii. Anticipated rate of disposal/processing: • ________ Tons/month, if transfer or other non-combustion/thermal treatment, or • ________ Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: ________________________________ years t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous 9 Yes 9 No waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii. Generally describe processes or activities involving hazardous wastes or constituents: ___________________________________ _________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii. Specify amount to be handled or generated _____ tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? 9 Yes 9 No If Yes: provide name and location of facility: _______________________________________________________________________ ________________________________________________________________________________________________________ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. 9 Urban 9 Industrial 9 Commercial 9 Residential (suburban) 9 Rural (non-farm) 9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): ____________________________________ ii. If mix of uses, generally describe: __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ b. Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres +/-) • Roads, buildings, and other paved or impervious surfaces • Forested • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non-vegetated (bare rock, earth or fill) • Other Describe: _______________________________ ________________________________________ Page 9 of 13 c. Is the project site presently used by members of the community for public recreation? 9 Yes 9 No i. If Yes: explain: __________________________________________________________________________________________ d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed 9 Yes 9 No day care centers, or group homes) within 1500 feet of the project site? If Yes, i. Identify Facilities: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e. Does the project site contain an existing dam? 9 Yes 9 No If Yes: i. Dimensions of the dam and impoundment: • Dam height: _________________________________ feet • Dam length: _________________________________ feet • Surface area: _________________________________ acres • Volume impounded: _______________________________ gallons OR acre-feet ii. Dam=s existing hazard classification: _________________________________________________________________________ iii. Provide date and summarize results of last inspection: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, 9 Yes 9 No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? 9 Yes 9 No • If yes, cite sources/documentation: _______________________________________________________________________ ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ iii. Describe any development constraints due to the prior solid waste activities: __________________________________________ _______________________________________________________________________________________________________ g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin 9 Yes 9 No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any 9 Yes 9 No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site 9 Yes 9 No Remediation database? Check all that apply: 9 Yes – Spills Incidents database Provide DEC ID number(s): ________________________________ 9 Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________ 9 Neither database ii. If site has been subject of RCRA corrective activities, describe control measures:_______________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? 9 Yes 9 No If yes, provide DEC ID number(s): ______________________________________________________________________________ iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? 9 Yes 9 No • If yes, DEC site ID number: ____________________________________________________________________________ • Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________ • Describe any use limitations: ___________________________________________________________________________ • Describe any engineering controls: _______________________________________________________________________ • Will the project affect the institutional or engineering controls in place? 9 Yes 9 No • Explain: ____________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? ________________ feet b. Are there bedrock outcroppings on the project site? 9 Yes 9 No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________% c. Predominant soil type(s) present on project site: ___________________________ __________% ___________________________ __________% ____________________________ __________% d. What is the average depth to the water table on the project site? Average: _________ feet e. Drainage status of project site soils: 9 Well Drained: _____% of site 9 Moderately Well Drained: _____% of site 9 Poorly Drained _____% of site f. Approximate proportion of proposed action site with slopes: 9 0-10%: _____% of site 9 10-15%: _____% of site 9 15% or greater: _____% of site g. Are there any unique geologic features on the project site? 9 Yes 9 No If Yes, describe: _____________________________________________________________________________________________ ________________________________________________________________________________________________________ h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, 9 Yes 9 No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? 9 Yes 9 No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, 9 Yes 9 No state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name ____________________________________________ Classification _______________________ • Lakes or Ponds: Name ____________________________________________ Classification _______________________ • Wetlands: Name ____________________________________________ Approximate Size ___________________ • Wetland No. (if regulated by DEC) _____________________________ v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired 9 Yes 9 No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________ i. Is the project site in a designated Floodway? 9 Yes 9 No j. Is the project site in the 100-year Floodplain? 9 Yes 9 No k. Is the project site in the 500-year Floodplain? 9 Yes 9 No l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? 9 Yes 9 No If Yes: i. Name of aquifer: _________________________________________________________________________________________ Page 11 of 13 m. Identify the predominant wildlife species that occupy or use the project site: ______________________________ ______________________________ _______________________________ ______________________________ ______________________________ _______________________________ ______________________________ n. Does the project site contain a designated significant natural community? 9 Yes 9 No If Yes: i. Describe the habitat/community (composition, function, and basis for designation): _____________________________________ ________________________________________________________________________________________________________ ii. Source(s) of description or evaluation: ________________________________________________________________________ iii. Extent of community/habitat: • Currently: ______________________ acres • Following completion of project as proposed: _____________________ acres • Gain or loss (indicate + or -): ______________________ acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as 9 Yes 9 No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing (endangered or threatened):______________________________________________________________________________ ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of 9 Yes 9 No special concern? If Yes: i. Species and listing:____________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? 9 Yes 9 No If yes, give a brief description of how the proposed action may affect that use: ___________________________________________ ________________________________________________________________________________________________________ E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to 9 Yes 9 No Agriculture and Markets Law, Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: _________________________________________________________________ b. Are agricultural lands consisting of highly productive soils present? 9 Yes 9 No i. If Yes: acreage(s) on project site? ___________________________________________________________________________ ii. Source(s) of soil rating(s): _________________________________________________________________________________ c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National 9 Yes 9 No Natural Landmark? If Yes: i. Nature of the natural landmark: 9 Biological Community 9 Geological Feature ii. Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? 9 Yes 9 No If Yes: i. CEA name: _____________________________________________________________________________________________ ii. Basis for designation: _____________________________________________________________________________________ iii. Designating agency and date: ______________________________________________________________________________ Page 12 of 13 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 9 Yes 9 No which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: 9 Archaeological Site 9 Historic Building or District ii. Name: _________________________________________________________________________________________________ iii. Brief description of attributes on which listing is based: _______________________________________________________________________________________________________ f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 9 Yes 9 No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? 9 Yes 9 No If Yes: i. Describe possible resource(s): _______________________________________________________________________________ ii. Basis for identification: ___________________________________________________________________________________ h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local 9 Yes 9 No scenic or aesthetic resource? If Yes: i. Identify resource: _________________________________________________________________________________________ ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): ___________________________________________________________________________________________________ iii. Distance between project and resource: _____________________ miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers 9 Yes 9 No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ________________________________________________________________ ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? 9 Yes 9 No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name ___________________________________ Christopher Spencer Date_______________________________________ January 21, 2020 Signature________________________________________________ Title_______________________________________ Chief Planning Official PRINT FORM Page 13 of 13 Agency Use Only [If applicable] Full Environmental Assessment Form Project : ORDINANCE. 11.61.20 Part 2 - Identification of Potential Project Impacts Date : July 2, 2021 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application, maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer “Yes” to a numbered question, please complete all the questions that follow in that section. • If you answer “No” to a numbered question, move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box “Moderate to large impact may occur.” • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity, that is, the Awhole action@. • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ✔ † NO † YES the land surface of the proposed site. (See Part 1. D.1) If “Yes”, answer questions a - j. If “No”, move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d 9 9 less than 3 feet. b. The proposed action may involve construction on slopes of 15% or greater. E2f 9 9 c. The proposed action may involve construction on land where bedrock is exposed, or E2a 9 9 generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a 9 9 of natural material. e. The proposed action may involve construction that continues for more than one year D1e 9 9 or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q 9 9 disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B1i 9 9 h. Other impacts: _______________________________________________________ 9 9 ___________________________________________________________________ Page 1 of 10 FEAF 2019 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, † NO ✔ † YES minerals, fossils, caves). (See Part 1. E.2.g) If “Yes”, answer questions a - c. If “No”, move on to Section 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Identify the specific land form(s) attached: ________________________________ E2g 9 9 ___________________________________________________________________ b. The proposed action may affect or is adjacent to a geological feature listed as a E3c 9 9 registered National Natural Landmark. Specific feature: _____________________________________________________ c. Other impacts: ______________________________________________________ 9 9 ___________________________________________________________________ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ✔ † NO † YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a - l. If “No”, move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b, D1h 9 9 b. The proposed action may result in an increase or decrease of over 10% or more than a D2b 9 9 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a 9 9 from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h 9 9 tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h 9 9 runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c 9 9 of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d 9 9 of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e 9 9 stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h 9 9 downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h 9 9 around any water body. k. The proposed action may require the construction of new, or expansion of existing, D1a, D2d 9 9 wastewater treatment facilities. Page 2 of 10 l. Other impacts: _______________________________________________________ 9 9 ___________________________________________________________________ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ✔ † NO † YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a - h. If “No”, move on to Section 5. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c 9 9 on supplies from existing water supply wells. b. Water supply demand from the proposed action may exceed safe and sustainable D2c 9 9 withdrawal capacity rate of the local supply or aquifer. Cite Source: ________________________________________________________ c. The proposed action may allow or result in residential uses in areas without water and D1a, D2c 9 9 sewer services. d. The proposed action may include or require wastewater discharged to groundwater. D2d, E2l 9 9 e. The proposed action may result in the construction of water supply wells in locations D2c, E1f, 9 9 where groundwater is, or is suspected to be, contaminated. E1g, E1h f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E2l 9 9 over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, 9 9 feet of potable drinking water or irrigation sources. E2l, D2c h. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. † NO ✔ † YES (See Part 1. E.2) If “Yes”, answer questions a - g. If “No”, move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. E2i 9 9 b. The proposed action may result in development within a 100 year floodplain. E2j 9 9 c. The proposed action may result in development within a 500 year floodplain. E2k 9 9 d. The proposed action may result in, or require, modification of existing drainage D2b, D2e 9 9 patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, 9 9 E2j, E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, E1e 9 9 or upgrade? Page 3 of 10 g. Other impacts: ______________________________________________________ 9 9 ___________________________________________________________________ 6. Impacts on Air The proposed action may include a state regulated air emission source. † ✔ NO † YES (See Part 1. D.2.f., D.2.h, D.2.g) If “Yes”, answer questions a - f. If “No”, move on to Section 7. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide (CO2) D2g 9 9 ii. More than 3.5 tons/year of nitrous oxide (N2O) D2g 9 9 iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g 9 9 iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g 9 9 D2g 9 9 v. More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflourocarbons (HFCs) emissions vi. 43 tons/year or more of methane D2h 9 9 b. The proposed action may generate 10 tons/year or more of any one designated D2g 9 9 hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g 9 9 rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU=s per hour. d. The proposed action may reach 50% of any of the thresholds in “a” through “c”, D2g 9 9 above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s 9 9 ton of refuse per hour. f. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) † NO ✔ † YES If “Yes”, answer questions a - j. If “No”, move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any E2o 9 9 threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o 9 9 any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p 9 9 species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p 9 9 any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 e. The proposed action may diminish the capacity of a registered National Natural E3c 9 9 Landmark to support the biological community it was established to protect. f. The proposed action may result in the removal of, or ground disturbance in, any E2n 9 9 portion of a designated significant natural community. Source: ____________________________________________________________ g. The proposed action may substantially interfere with nesting/breeding, foraging, or E2m 9 9 over-wintering habitat for the predominant species that occupy or use the project site. h. The proposed action requires the conversion of more than 10 acres of forest, 9 9 E1b grassland or any other regionally or locally important habitat. Habitat type & information source: ______________________________________ __________________________________________________________________ i. Proposed action (commercial, industrial or recreational projects, only) involves use of D2q 9 9 herbicides or pesticides. j. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) ✔ † NO † YES If “Yes”, answer questions a - h. If “No”, move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b 9 9 NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land E1a, Elb 9 9 (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b 9 9 active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural E1b, E3a 9 9 uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, E1b 9 9 management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, 9 9 potential or pressure on farmland. D2c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c 9 9 Protection Plan. h. Other impacts: ________________________________________________________ 9 9 Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in ✔ † NO † YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If “Yes”, answer questions a - g. If “No”, go to Section 10. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Proposed action may be visible from any officially designated federal, state, or local E3h 9 9 scenic or aesthetic resource. b. The proposed action may result in the obstruction, elimination or significant E3h, C2b 9 9 screening of one or more officially designated scenic views. c. The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) 9 9 ii. Year round 9 9 d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents, including travel to and from work 9 9 ii. Recreational or tourism based activities E1c 9 9 e. The proposed action may cause a diminishment of the public enjoyment and E3h 9 9 appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed D1a, E1a, 9 9 project: D1f, D1g 0-1/2 mile ½ -3 mile 3-5 mile 5+ mile g. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological † NO † YES ✔ resource. (Part 1. E.3.e, f. and g.) If “Yes”, answer questions a - e. If “No”, go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or E3e 9 ✔ 9 State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b. The proposed action may occur wholly or partially within, or substantially contiguous E3f 9 ✔ 9 to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. c. The proposed action may occur wholly or partially within, or substantially contiguous E3g 9 ✔ 9 to, an archaeological site not included on the NY SHPO inventory. Source: ____________________________________________________________ Page 6 of 10 d. Other impacts: ______________________________________________________ 9 ✔ 9 __________________________________________________________________ If any of the above (a-d) are answered “Moderate to large impact may e. occur”, continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, 9 9 of the site or property. E3f ii. The proposed action may result in the alteration of the property’s setting or E3e, E3f, 9 9 integrity. E3g, E1a, E1b iii. The proposed action may result in the introduction of visual elements which E3e, E3f, 9 9 are out of character with the site or property, or may alter its setting. E3g, E3h, C2, C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a † NO ✔ † YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a - e. If “No”, go to Section 12. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions, or “ecosystem D2e, E1b 9 9 services”, provided by an undeveloped area, including but not limited to stormwater E2h, storage, nutrient cycling, wildlife habitat. E2m, E2o, E2n, E2p b. The proposed action may result in the loss of a current or future recreational resource. C2a, E1c, 9 9 C2c, E2q c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c 9 9 with few such resources. E1c, E2q d. The proposed action may result in loss of an area now used informally by the C2c, E1c 9 9 community as an open space resource. e. Other impacts: _____________________________________________________ 9 9 _________________________________________________________________ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical † NO ✔ † YES environmental area (CEA). (See Part 1. E.3.d) If “Yes”, answer questions a - c. If “No”, go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d 9 9 characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or E3d 9 9 characteristic which was the basis for designation of the CEA. c. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. † NO † YES ✔ (See Part 1. D.2.j) If “Yes”, answer questions a - f. If “No”, go to Section 14. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j ✔9 9 b. The proposed action may result in the construction of paved parking area for 500 or D2j 9 ✔ 9 more vehicles. c. The proposed action will degrade existing transit access. D2j 9 ✔ 9 d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 9 ✔ 9 e. The proposed action may alter the present pattern of movement of people or goods. D2j 9 ✔ 9 f. Other impacts: ______________________________________________________ 9 ✔ 9 __________________________________________________________________ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. † NO ✔ † YES (See Part 1. D.2.k) If “Yes”, answer questions a - e. If “No”, go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k 9 9 b. The proposed action will require the creation or extension of an energy transmission D1f, 9 9 or supply system to serve more than 50 single or two-family residences or to serve a D1q, D2k commercial or industrial use. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k 9 9 d. The proposed action may involve heating and/or cooling of more than 100,000 square D1g 9 9 feet of building area when completed. e. Other Impacts: ________________________________________________________ ____________________________________________________________________ 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. † NO ✔ † YES (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a - f. If “No”, go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ✔9 9 regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, E1d 9 ✔ 9 hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o 9 ✔ 9 Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n 9 ✔ 9 e. The proposed action may result in lighting creating sky-glow brighter than existing D2n, E1a 9 ✔ 9 area conditions. f. Other impacts: ______________________________________________________ 9 ✔ 9 __________________________________________________________________ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ✔ † NO † YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) If “Yes”, answer questions a - m. If “No”, go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day E1d 9 9 care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. E1g, E1h 9 9 c. There is a completed emergency spill remediation, or a completed environmental site E1g, E1h 9 9 remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the E1g, E1h 9 9 property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place E1g, E1h 9 9 to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t 9 9 generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, E1f 9 9 management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, E1f 9 9 i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r, D2s 9 9 solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of E1f, E1g 9 9 a site used for the disposal of solid or hazardous waste. E1h k. The proposed action may result in the migration of explosive gases from a landfill E1f, E1g 9 9 site to adjacent off site structures. l. The proposed action may result in the release of contaminated leachate from the D2s, E1f, 9 9 project site. D2r m. Other impacts: ______________________________________________________ __________________________________________________________________ Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. † NO ✔ † YES (See Part 1. C.1, C.2. and C.3.) If “Yes”, answer questions a - h. If “No”, go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action’s land use components may be different from, or in sharp C2, C3, D1a 9 9 contrast to, current surrounding land use pattern(s). E1a, E1b b. The proposed action will cause the permanent population of the city, town or village C2 9 9 in which the project is located to grow by more than 5%. c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 9 9 d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 9 9 plans. e. The proposed action may cause a change in the density of development that is not C3, D1c, 9 9 supported by existing infrastructure or is distant from existing infrastructure. D1d, D1f, D1d, Elb f. The proposed action is located in an area characterized by low density development C4, D2c, D2d 9 9 that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts (e.g., residential or C2a 9 9 commercial development not included in the proposed action) h. Other: _____________________________________________________________ 9 9 __________________________________________________________________ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. † NO ✔ † YES (See Part 1. C.2, C.3, D.2, E.3) If “Yes”, answer questions a - g. If “No”, proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g 9 9 of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 9 9 schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, D1f 9 9 there is a shortage of such housing. D1g, E1a d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 9 9 or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 9 9 character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 9 9 E1a, E1b E2g, E2h g. Other impacts: ______________________________________________________ 9 9 __________________________________________________________________ PRINT FULL FORM Page 10 of 10 Council Member Kimbrough introduced the following: ORDINANCE. 11.61.20 ( As Amended 07/06/2021) AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 375-302 (Permitted Use Table) of Article III (Use Regulations) of Chapter 375 of the Code of the City of Albany is amended to read as follows: Table 375-1: Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use | V=Vacant Property Use Special Residential Mixed-Use Purpose Proposed Zoning District MU-FW MU-NC MU-CH MU-FM MU-CU MU-NE MU-FC MU-DT MU-FS MU-CI R-1M R-1L Use-Specific R-M R-V R-T R-2 LC I-1 I-2 Standard in Section LAND USE CATEGORY 375-3 COMMERCIAL USES Vehicles and Equipment A Parking Lot A A A A A A A A C A C A A A A A P P A (C)(4)(g)(5) Section 2. Subparagraph (v) (Parking Lots) of subparagraph (g) (Vehicles and Equipment) of paragraph (4) (Commercial Uses) of section 375-303 (Specific Use Regulations) of Article III (Use Regulations) of Chapter 375 of the Code of the City of Albany is amended by adding new items (B) and (C) to read as follows: B. In those districts where a Conditional Use Permit is required, it shall be only in those cases where the parking lot use is to be established as the principal use of the land. A Conditional Use Permit shall not be required where parking is to be established as an accessory use. C. In the MU-CU zone district, no Conditional Use Permit shall be approved unless it is determined that the proposed parking lot: 1. Responds to a demonstrable parking need of the use or uses of a nearby property to be served, as evidenced by factors, including, but not limited to, recent or proposed investment in and improvements to the nearby property that will result in or has resulted in increased tenancy or patronage, and whether the use has otherwise provided the minimum parking required pursuant to Section 375- 405(2)(a) or is anticipated to be used by other nearby properties; 2. The closest lot line for the proposed parking lot is no more than 300 feet from a lot line of the property to be served; 3. The property or properties to be used for the parking lot have been vacant or underutilized for at least five years and have no other immediate prospects for development; 4. For properties with a depth of 100 feet or greater, is designed in such a way that it does not foreclose the possibility of liner buildings being constructed along any street frontages, to the greatest degree practicable; and 5.. Does not result in the demolition of buildings or structures having an economically viable use or reuse, as determined pursuant to the provisions of 375- 505(17) (Demolition Review) or a 375-505(19) Major Certificate of Appropriateness, whichever applies. Section 3. Paragraph (d) (Off-Site Parking) of subsection (3) (Parking Alternatives and Adjustments) of (Parking and Loading) of section 375-405 (Parking and Loading) of Article IV (Development Standards) of Chapter 375 of the Code of the City of Albany is amended to read as follows: (i) In the Mixed-Use zoning districts Where allowed as a permitted or conditional use in Table 375-3-1 (Permitted Use Table), and as an alternative to providing required on-site parking, required parking spaces that are not required to be provided on-site by the Americans with Disabilities Act or state law may be provided at a location with the closest lot line being no more than 300 feet from a lot line of the property with the development or redevelopment it serves. (ii) Off-site parking for a nonresidential use shall not be located in a Residential zoning district unless the use for which the parking is provided is a permitted or conditional use in that Residential district. (iii) (ii) The applicant for approval of off-site parking shall provide evidence, at the Chief Planning Official’s request, that the proposed off-site parking location will remain available for the proposed parking use for a period of at least two years. Section 4. This ordinance shall take effect immediately. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: May 22, 2020 SPONSOR: Councilmember Kimbrough ORDINANCE 11.61.20 (As Amended 07/06/2021) TITLE: AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS GENERAL PURPOSE OF LEGISLATION: To allow parking lots as a principal use of land in the MU-CU zone district, subject to a Conditional Use Permit review and use-specific design standards. The legislation also corrects inconsistencies between the current off-site parking allowances and the permitted use table. NECESSITY FOR LEGISLATION AND CHANGES TO EXISITING LAW: The zoning amendment was initiated in response to the desired construction of ancillary parking by the Capital Reparatory Theatre at 329 North Pearl Street. The request seemed reasonable in response to the demonstrable parking need of the intended user and the predeveloped characteristics of the area, which inhibited the accommodation parking on-site. However, those predeveloped characteristics also exhibited a need to reinforce the walkable urban fabric extant in the area. In evaluating the particular request exhibited by Capital Reparatory Theatre it was evident that these same general circumstances may again present themselves on future occasions, and, indeed, a similar issue has arisen with regard to parking needs at the new location for the Northeastern Legal Aid offices. This lack of uniqueness bodes unfavorably for a variance and instead exhibits the need for a legislative change. Proposed changes are limited to the MU-CU district because the accompanying use-specific standards respond to characteristics unique to those areas, and also due to general compatibility of parking lot uses with the scale of other uses already extant and allowed within the MU-CU district. The proposed changes contain limitations to ensure the parking is only to serve properties in proximity to the proposed parking lots, meet a demonstrable need, and primarily improves vacant or underutilized property that has no other immediate prospects for development. FISCAL IMPACTS: To be determined Council Member Farrell on behalf of the Committee on Finance, Assessment, and Taxation, introduced the following: RESOLUTION NUMBER 74.91.21R (MC) A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF ADMINISTRATIVE SERVICES) WHEREAS, section 603(D)(b) of the Charter of the City of Albany dictates that any transfer of budgeted funds that affects a salary rate or salary total occurs outside of those described in the duly adopted budget requires the approval of the Common Council; and WHEREAS, the Commissioner of the Department of Administrative Services has requested to increase the salary of the Human Resources Director position from $85,653 to $100,000; and WHEREAS, this change will be budget neutral, because the increase will be offset by taking an equivalent amount from the Workers’ Compensation line; and WHEREAS, these changes are reflected in the following charts: Action Title Line From To Differ. Increase Human Resources Director A.1430.1600.7000 $85,653 $100,000 $14,347 Increase Social Security A.1430.1600.7801 $109,269 $110,367 $1,098 Total $15,445 Action Title Line From To Differ. Decrease Workers’ Compensation A.9000.7841 $175,000 $159,555 $15,445 Total $15,445 NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany consents to the transfer of funds affecting salary totals due to the increase in salary for the Human Resources Director position, and a decrease in the budgeted amount for Workers’ Compensation for the 2021 budget year. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: August 30, 2021 Sponsor(s): Council Member Farrell RESOLUTION NUMBER 74.91.21R (MC) TITLE A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF ADMINISTRATIVE SERVICES) GENERAL PURPOSE OF LEGISLATION The Commissioner of the Department of Administrative Services has requested that the salary for the currently vacant Director of Human Resources position be increased from $85,653. This is a difference of $15,445 when an increase in the social security line is also factored in. This difference will come from the Workers’ Compensation budget line. This change will better enable the Commissioner to attract and retain quality candidates for the HR Director position, which has seen significant turnover of late. NECESSITY FOR LEGISLATION AND CHANGE TO EXISTING LAW Pursuant to section 603(D)(b) of the City Charter “any transfer of budgeted funds that affects any salary rate or salary total” requires the approval of the Common Council. FISCAL IMPACT(S) This change will be made budget neutral by reducing the Workers’ Compensation budget line by a total of $15,445. MESSAGE OF NECESSITY The Commissioner has a quality candidate lined up for this currently vacant position and will need the increase in salary in order to secure the candidate. The increased salary will also make it easier to retain and attract quality candidates for the position in the future.