City of Albany, NY Zoning Districts

Table 375.202.1 Summary Table of Zoning Districts
Base Zoning Districts
Residential
R-1L	Single-Unit, Low-Density
R-1M	Single-Unit, Medium-Density
R-2	Two-Unit
R-T	Townhouse
R-M	Multi-Unit
R-V	Residential Village
Mixed-Use
MU-NE	Mixed-Use Neighborhood Edge
MU-NC	Mixed-Use Neighborhood Center
MU-CU	Mixed-Use Community Urban
MU-CH	Mixed-Use Community Highway
MU-CI	Mixed-Use Campus/Institutional
MU-DT	Mixed-Use Downtown
MU-FW	Mixed-Use Form-Based Warehouse
MU-FC	Mixed-Use Form-Based Central Avenue
MU-FS	Mixed-Use Form-Based South End
MU-FM	Mixed-Use Form-Based Midtown
Special Purpose
I-1	Light Industrial
I-2	General Industrial
LC	Land Conservation
Overlay Districts
HR-O	Historic Resources Overlay
AR-O	Archaeological Resources Overlay
FP-O	Floodplain Overlay
CS-O	Combined Sewer Overflow Overlay
PB-O	Pine Bush Overlay
NK-O	Normans Kill Overlay
AC-O	Albany-Colonie Intermunicipal Overlay

HR-O Historic Resources Overlay.

Purpose. There exist within the City places, sites, structures and buildings of historic or architectural significance, antiquity, uniqueness of exterior design or construction that should be conserved, protected and preserved to maintain the architectural character of the City, to contribute to the aesthetic value of the City and to promote the general good, welfare, health and safety of the City and its residents. The purpose of this chapter is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, sites, and areas within the City that reflect special elements of the City's historical, architectural, cultural, economic or aesthetic heritage.

(b)

Designated historic areas and structures.

(i)

Pursuant to New York General Municipal Law §§ 96-a and 119-dd(1), the following described areas are designated as areas, buildings, structures and objects having a special historical or aesthetic interest or value. Maps of these areas accompany each table listing street addresses in that district.

(ii)

This overlay addresses locally designated historic districts and structures. There may be additional designated areas and structures throughout the City that are regulated at the state or federal level but are not subject to the regulations of this overlay.

(iii)

Amendments to existing historic districts and the boundaries of any historic districts designated in the future shall be specified in detail and shall be filed with the Planning Official for public inspection.

Center Square/Hudson Park Historic District
Alfred E. Smith State Office Building
Chestnut Street: 58-176; 59-167
Delaware Avenue: 4-62; 21; 25
Dove Street: 22-168; 23-169
Elm Street: 182-288; 175-275
Garden Alley: all
Hamilton Street: 289-411; 334-410
Hudson Avenue: 234-374; 269-383
Irving Street: all
Jay Street: 142-226; 121-231
Jefferson Street: all
Lancaster Street: 110-222; 111-225
Lark Street: 200-306; 195-325
Madison Avenue: 324-462; 327-467
Myrtle Avenue: 150-238; 147-221
Park Avenue: 203-257 (odd only)
South Swan Street: 90-184
Spring Street: 2-72 (even only)
State Street: 244-360; 249-373

Clinton Avenue/North Pearl Street/Clinton Square Historic District
Clinton Avenue: 19-613; 22-610
Clinton Square: all
North Pearl Street: 168-250; 201-243

Downtown Albany Historic District
Beaver Street: all
Broadway: 351-575; 324-610
Columbia Street: 46-54; 39-75
Grand Street: 2-14 (even only)
Howard Street: all
Hudson Avenue: 29-31
James Street: 52-54
Lodge Street: all
Maiden Lane: all
North Pearl Street: 11-87; 18-90
Pine Street: all
Sheridan Avenue: 4-12
State Street: 35-125; 38-144

Elberon Triangle Historic District
Elberon Place: 3-63 (odd only)
Quail Street: 198-210 (even only)
South Lake Avenue: 11-51 (odd only)
Western Avenue: 146-214 (even only)

Lafayette Park Historic District
Albany City Hall
Albany County Courthouse
Cathedral of All Saints
Columbia Place: all
Columbia Street: 77-107
Elk Street: 1-37
New York State Capitol
New York State Court of Appeals
New York State Education Building

Lark Street Historic District
Elk Street: 169-187 (odd only)
Lark Street: 97-161 1/2; 100-164

Lexington Avenue Historic District
Lexington Avenue: 7-31; 6-36

Mansion Historic District
Ashgrove Place: all
Bleecker Place: all
Eagle Street: 131-183 (odd only)
Elm Street: 1-59; 2-68
Grand Street: 47-149; 62-140
Hamilton Street: 114-140 (even only)
Madison Avenue: 112-180; 115-173
Madison Place: all
Myrtle Avenue: 10-52; 1-55
Park Avenue: 7; 9; 45-71; 32-72
Philip Street: all
South Pearl Street: 115-243 (odd only)
Trinity Place: 6-80 1/2; 1-47
Van Zandt Street: all
Westerlo Street: 80-90; 83-95
Wilbur Street: all

Pastures Historic District
Bleecker Street: all
Green Street: 101-151; 118-144
Herkimer Street: all
Madison Avenue: 82-104 (even only)
South Ferry Street: all
Westerlo Street: 36-76; 47-77

South End/Groesbeckville Historic District
Alexander Street: 1-69; 2-64
Bassett Street: School 1; 81-83; 48-76
Broad Street: 45-159; 40-190
Catherine Street: 1-45; 2-46
Clinton Street: 15-151; 34-154
Delaware Street: 1-39; 2-48
Elizabeth Street: all
Fourth Avenue: 105-153; Firehouse;
Bathhouse; 100-152
Franklin Street: St. Ann's/St. John's Church and Center; 120-150; 159-169
Morton Avenue: 2-84 (even only)
Osborne Street: 1-15 (odd only)
Plum Street: 55-65; 52-56
Schuyler Street: 97-John Howe Library; 84-108
Second Avenue: 1-59; 2-58
South Pearl Street: 289-477; 298-338
Stephen Street: all
Teunis Street: all
Third Avenue: 1-69; 2-82

South Lake Avenue Historic District
South Lake Avenue: 99-161; 102-124

South Pearl Street Commercial Row Historic District
South Pearl Street: 36-64 (even only)

Ten Broeck Triangle Historic District
First Street: 2-76; 35-79
Hall Place: all
North Hawk Street: 79-87; 80-90
North Swan Street: 32-96; 19-79
St. Joseph's Terrace: all
Second Street: 12-44; 13-53
Ten Broeck Place: all
Ten Broeck Street: all

Upper Madison Avenue Historic District
Madison Avenue: 727-775; 728-774
Yates Street: 367-387 (odd only)

Washington Park Historic District
Englewood Place: all
Henry Johnson Boulevard: 1-17
Madison Avenue: 469; 721-725; 462-718
South Lake Avenue: 22; 37-89
Sprague Place: 1-5
Spring Street: 74-94, 83-99
State Street: 375-503
Thurlow Terrace: all
Western Avenue: 76
Willett Street: all

Individual Listings
Albany Academy Building, 12 Elk Street, Academy Park
Albany City Hall, 24 Eagle Street
Albany Institute of History and Art, 125 Washington Avenue
Albany Union Station, 575 Broadway
Benjamin Arnold House (465 State Street) and Carriage House (307 Washington Avenue)
Cathedral of All Saints, 60 Elk Street
Cathedral of the Immaculate Conception, 120 Eagle Street
Cherry Hill, 523 1/2 South Pearl Street
Church of the Holy Innocents, 275 North Pearl Street
Delaware and Hudson Railroad Building, 365 Broadway
First Reformed Church, 110 North Pearl Street
First Trust Company Building, 35 State Street
James Hall's Office, Lincoln Park
New York State Capitol, Eagle Street
New York State Court of Appeals Building, 20 Eagle Street
New York State Education Building, 31 Washington Avenue
New York State Executive Mansion, 138 Eagle Street
Old Post Office, 441 Broadway
Palace Theatre, 19 Clinton Avenue
Quackenbush House, 683 Broadway
Quackenbush Pumping Station - Albany Waterworks, 19 Quackenbush Street
St. Mary's Church, 14 Lodge Street
St. Peter's Church, 99 State Street
Schuyler Mansion, 32 Catherine Street
Ten Broeck Mansion, 9 Ten Broeck Place
United Traction Company Building, 600 Broadway
Van Ostrade-Radliff House, 48 Hudson Avenue
Whipple Cast and Wrought Iron Bowstring Truss Bridge, 1000 Delaware Avenue
Young Men's Christian Association, 60 North Pearl Street

(c)

General guidelines.

(i)

The general design and character of the proposed alteration, addition or new construction should be compatible with the building and historic district.

(ii)

The scale of the proposed alteration addition or new construction should relate to the building itself, surrounding buildings, the neighborhood and the historic district.

(iii)

Texture, materials and color should relate to similar features of other structures in the neighborhood.

(iv)

Changes should be visually compatible with surrounding buildings, including the proportion of the building's front facade, the proportion and arrangement of windows and other openings within the facade, the roof shape and the rhythm and spacing of buildings on streets, including setbacks.

(v)

Compatible materials and colors that are either visually quiet or similar in relation to traditional colors used in the area should be used in new construction or when restoration of original materials is impossible.

(vi)

Inappropriate contemporary materials, including those that attempt fake antiquity or rusticity (e.g., unpainted natural wood, reused common brick, undressed stone or asphalt, aluminum or vinyl siding), are specifically prohibited on front facades or any side elevation visible from a public right-of-way.

(vii)

Grounds for considering a proposed design inappropriate would include arresting and spectacular effects, violent contrasts of materials or colors or intense colors or a multiplicity or incongruity of details resulting in a disturbing appearance.

(d)

Rehabilitation guidelines. The following standards for rehabilitation and guidelines for rehabilitating historic buildings are adopted by the Historic Resources Commission to the extent that they affect exterior alterations:

(i)

Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environment.

(ii)

The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided whenever possible.

(iii)

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and that seek to create an earlier appearance shall be discouraged.

(iv)

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(v)

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.

(vi)

Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

(vii)

Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(viii)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting, pressure grit washing and other cleaning methods that will damage the historic building materials shall not be undertaken.

(ix)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

(x)

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

(xi)

Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(xii)

Windows.

Original windows should be repaired rather than replaced whenever possible.

A replacement window should match the size of the original opening in width, length and depth of placement and should be constructed in the configuration of the existing or original window (i.e., double-hung sash, 2/2, 6/1, 6/6, etc.).

In the event that a previously altered, noncompatible window is being replaced on a street-facing facade, the new window should conform to the original opening and be of a style, color and material appropriate to the building. When there is no evidence of the original window, the new one should be complementary to the building design.

The use of interior storm windows is encouraged, but exterior metal or vinyl storm windows the same size as the opening and of an appropriate color are acceptable.

(xiii)

Stoops.

Brownstone stoops should be repaired rather than replaced. In the event that portions must be replaced, repair materials should match the color of and closely resemble the existing materials. Replacements for brownstone stoops should be of stone or be entirely cast in tinted concrete and should match the color, placement, size, scale and design of originals as closely as possible.

Replacement wooden stoops should match the size, scale, design and placement of the originals or should be appropriate to the original design of the buildings to which they are attached. Each stoop should be painted with a color appropriate to the individual building and the surrounding district.

The consistent rhythm of projecting entrance stoops is an important characteristic of the streetscape in historic areas and should be maintained.

(xiv)

Rails. When appropriate, original wrought iron rails should be retained when new stoops are built. In the event that a rail is missing, the new rail should be custom-made to be compatible with the style of the building or the surrounding district, where practicable, or be a modern nondecorative rail or a salvaged historic rail appropriate to the style of the building.

(xv)

Paint and other materials.

Retention and/or restoration of old materials and original colors are encouraged. Removal or covering over, including painting, of historic and previously unpainted materials is to be avoided whenever practicable.

Historically, Albany common brick was painted; therefore, it should be painted. Harder pressed or face brick was not painted; therefore, these types of brick should be left unpainted.

Although a certificate of appropriateness is not required for painting nonmasonary surfaces and repainting previously painted masonry surfaces, full compliance with the above standards is required.

(xvi)

Doors. Original doors should be repaired rather than replaced whenever possible. A replacement door should be constructed to fit the entire original opening in length, width, depth of placement and style or configuration.

(e)

New construction guidelines. These guidelines apply to new construction in historic districts with primarily residential and neighborhood commercial character, including all but the Downtown Albany Historic District.

(i)

New construction shall be compatible with the architectural scale, massing, volume and styles existing in the historic district.

(ii)

Materials.

Compatible materials and colors that are either similar to or visually quiet in relation to the traditional ones used in the area should be used in new construction.

Inappropriate contemporary materials, including those that attempt fake antiquity or rusticity, shall be discouraged. When appropriate traditional materials cannot be used, preference should be given to contemporary materials used in a straightforward manner that at the same time are not conspicuous in the traditional context of the district.

Material selection for new buildings should reflect consideration of the historic district and adjacent historic buildings. In order to retain the visual integrity of the area, contemporary materials, such as glass, curtain walls, concrete, etc., are acceptable, provided that the overall texture, color and detail of the building facade are visually quiet and compatible with the historic district.

(iii)

Facade openings.

The combined area of openings in the principal plane of the facade should not exceed 1/3 of the overall facade. End-row or corner-sited buildings will be subject to review of both the principal and secondary facades.

Repetitive openings should be proportioned so that the height is at least twice the width but not more than three times the width. Basement and attic windows of small area may be excluded from this restriction. The height-to-width ratio of a single architectural feature, such as a door opening, a bay window or one feature window, may be reduced to 1:1.

The design of commercial storefronts may differ from the residential proportions for Subsection (1)(e)(iii)A and B as described above; however they should be compatible with the design and proportion for other historic commercial storefronts within the district.

(iv)

Facade rhythm and proportion.

By manipulation of architectural features, the rhythm of separate building units existing on a street of attached townhouses is to be carried across the facade of new attached structures that occupy more than one house lot. Ways in which such articulation may be achieved easily on extended facades include rhythmical grouping of openings in clusters, inclusion of vertical delineations in the wall plane and architectural expression of structural bays.

The facade of a structure erected on a single house lot should be proportioned so that the height equals at least 1 1/2 times the width. Adjustment shall be made for residentially zoned lots that exceed the predominant lot widths along the primary street.

(v)

Architectural features. Townhouse roofs generally should not be visible from the street front, except where a proposed design relates to an abutting historic structure or to a streetscape with several structures possessing roof surfaces visible from the street.

(vi)

Ornamentation. New infill structures may incorporate ornamental features common to the historic district; otherwise, decorative features should be both clearly modern and compatible with the historic district.

(vii)

Floor levels. Indication of floor levels by means of opening placement and use of belt courses should be related primarily to those levels generally indicated on the entire block and secondarily to those of the two abutting structures.

(viii)

Building height. Building height should relate primarily to the general height of the buildings on the same side of the block. Secondary consideration should be given to the following:

The maximum height of a building should be not greater than the taller of the abutting structures on each side of the building site or the tallest building on the same block as the building.

The minimum height of a street facade should be not less than the lower of the abutting structures on each side of the building site or the tallest building on the same block as the building.

(ix)

In districts characterized by contiguous townhouse construction, the entire street frontage of a lot should be occupied by the building facade(s) that adheres to the height guidelines. In historic areas characterized by detached residential construction, the street front setback should be consistent with those structures on the block or street that contribute to the historic and aesthetic character of the streetscape.

(f)

New construction in or adjacent to the Downtown Albany Historic District. The area comprising the Downtown Albany Historic District has been the center of Albany's growth and development throughout the City's history. This characteristic has resulted in the district's potentially conflicting distinctions of being the location of many of the City's most architecturally and/or historically significant buildings and sites, while also being one of the most logical and desirable locations for new development. Due to the diversity of the existing components of the district, every proposed project involving new construction in or adjacent to the Downtown Albany Historic District will be evaluated for appropriateness to its site and for quality of design and materials. The following general guidelines apply to all new construction in or adjacent to the Downtown Albany Historic District, including but not limited to those properties in the Fort Orange/Downtown Albany Archaeological Review District and the Secondary Downtown Albany Archaeological Review District described in § 375-206(2) (AR-O Archaeological Resources Overlay).

(i)

Street pattern. A feature of downtown with great historic significance is the street pattern that has survived largely intact from the 17th Century. New construction should respect this historic street pattern at ground level and in general should be built parallel to the curblines.

(ii)

Street facades. The street facade(s) of a new building should be located at the lot line, as has traditionally been the case in the district. In the design of corner buildings, particular attention should be given to the definition of the street corner(s) through the use of building mass. Where adjacent buildings are built behind the lot line to accommodate sidewalk cafes, new construction should be consistent with that building placement.

(iii)

Overall design. If at all possible, the scale, materials and facade configuration of a new structure should relate to those of the adjacent structures and the overall streetscape. The goal of these guidelines is to secure compatible new design; the replication or imitation of existing structures is strongly discouraged. The appropriate use of contemporary styles and materials is encouraged, although such styles should fit into the general context of the immediate vicinity.

(g)

Fence, wall, and accessory structure guidelines.

(i)

Fences and accessory structures.

When visible from a public right-of-way, proposed fences or other accessory structures, such as trellises or storage sheds, shall be reviewed by the Chief Planning Official and should be in general conformance with the review criteria in this section.

Chain-link fences located on street frontage are not appropriate within historic districts.

Wood fences generally should be painted or covered with a solid stain to avoid a too rustic appearance.

Fences, walls, landscaping, or a combination of those features, may be required to screen parking areas. Particular design consideration should be given to the screening of parking lots. In most cases, parking lots should be screened by masonry walls or by more massive and permanent wood or metal fences. However, screening by fences, walls, and landscaping may be limited if they would obscure historic or important views of a building. Whenever practicable, parking lot fences or walls should be in line with the front plane of the buildings on the street and should visually screen parked vehicles from the street.

(ii)

Signs.

In general, sign sizes should be minimal to avoid obscuring architectural details and to avoid visual clutter on the street.

Signs for first-story commercial space in historic districts generally should be placed no higher than the bottom of the second-story windows. Signage should be kept to the first-story frieze or lintel area usually found on 19th Century and early 20th Century Albany commercial storefronts.

Backlit plastic signs are discouraged as inappropriate to the 19th and early 20th Century character of the districts.

Neon signs and awnings that are designed to be in character with the street and building may be permitted.

Existing signs that may contribute to the historic character of the district and the building, and their design will be considered carefully before replacement will be permitted.

(h)

Ordinary repair and maintenance permitted. Nothing in this § 375-206(1) or related procedures in § 375-505(4) (Certificate of appropriateness) shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic landmark or property within a historic district that does not involve a change in design, building materials, color or outward appearance.

(i)

Requirements and procedures.

(i)

No person shall carry out any exterior alteration, addition, restoration, reconstruction, demolition, new construction or moving of a landmark or a property within a historic district, nor shall any person make any material change in the appearance of such a property or its windows, light fixtures, signs or awnings, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley without first obtaining a certificate of appropriateness under § 375-505(4), or a historic property hardship modification under § 375-505(12), as applicable, and a building permit.

(ii)

No permit for signage, new construction, repair, addition, alteration, a sidewalk barricade, demolition or any other work that will affect the exterior of a landmark or a property within a historic district shall be issued by the Chief Building Official until the applicant has obtained a certificate of appropriateness.

(iii)

All applications to designate a new landmark structure or historic district, or to change the boundaries of a historic district, or to remove the City designation from a landmark or historic district, shall be subject to the requirements and procedures of § 375-505(21) (Designation of historic landmarks).

(2)

AR-O Archaeological Resources Overlay.

(a)

Purpose. The purpose of the AR-O District is to ensure that development in areas designated as archaeologically sensitive or potentially archaeologically sensitive occurs in a way that protects those designated areas and resources.

(b)

Areas designated as archaeologically sensitive.

(i)

Fort Orange/Downtown Albany Archaeological Review District.

The boundaries of the Fort Orange/Downtown Albany Archaeological Review District are shown on the map to the right.

These archaeologically sensitive areas of the City are deemed to have special archaeological significance by virtue of their location within the earliest settled portion of the City, which was comprised of a 17th Century stockaded community and certain surrounding areas.

(ii)

Secondary Downtown Albany Archaeological Review District.

The boundaries of the Secondary Downtown Albany Archaeological Review District are shown on the map to the right, and include all of the area shown except for that land within the Fort Orange/Downtown Albany Archaeological Review District shown above.

This area is considered archaeologically sensitive because it is supportive of the Downtown Albany Archaeological District and Fort Orange areas by reason of proximity, similar street configuration and an interspersing of similar structures.

All properties located within the Secondary Downtown Review District that have been designated as landmarks or are included in a historic district are subject to all the provisions of this § 375-206(2)(b)(ii).

(iii)

Washington Avenue Archaeological Review District.

The boundaries of the Washington Avenue Archaeological Review District are shown on the map to the right, and further described in § 375-206(2)(b)(iii)B.

Washington Avenue Archaeological Review District Description. 1455 and a portion of 1375; portions of 1395 – 1421 Washington Avenue (odd only). Beginning at a point in the southerly bounds of lands of the State of New York, Interstate Route 504 (I-90), Fuller Road to Everett Road, said point being 82.08 feet distant on a bearing of south 62 degrees 32 minutes 28 seconds east from a point bend in said southerly bounds of lands of the State of New York, Interstate Route 504 (I-90), Fuller Road to Everett Road, as shown on a map entitled "Map showing property line and easements for No. 1455 and a portion of No. 1375 Washington Avenue," prepared by Hershberg and Hershberg, dated 9-6-1994, with revisions dated 11-8-1994 and 2-17-1995; thence south 62° 32 minutes 28 seconds east along the southerly bounds of lands of the State of New York, Interstate Route 504 (I-90), Fuller Road to Everett Road, Map No. 530, Parcel 651, a distance of 96.74 feet to a point; thence south 38° 07 minutes 03 seconds east a distance of 122.29 feet to a point; thence south 42° 29 minutes 50 seconds east a distance of 933.94 feet to a point; thence south 47° 30 minutes 10 seconds west 40.00 feet to a point; thence north 42° 29 minutes 50 seconds west a distance of 527.60 feet to a point; thence south 47° 30 minutes 10 seconds west 30.00 feet to a point; thence north 42° 29 minutes 50 seconds west a distance of 200.00 feet to a point; thence north 47° 30 minutes 10 seconds east 30.00 feet to a point; thence north 42° 29 minutes 50 seconds west a distance of 207.87 feet to a point; thence north 38° 07 minutes 03 seconds west a distance of 211.90 feet to the point and place of beginning.

This area is considered archaeologically sensitive because it includes the last intact remains of the first railroad in New York State (the Mohawk & Hudson Railroad berm) and an 1851 brick arch conduit that previously served Six Mile Waterworks.

(iv)

Remainder of the City.

The remainder of the City of Albany contains areas of potential archaeological sensitivity and includes all lands within City limits not within Fort Orange/Downtown, Secondary Downtown Albany and Washington Avenue Archaeological Review Districts.

No person shall carry out any excavation, grading or roadwork in a designated historic district or on a property containing a designated landmark without first obtaining a certificate of appropriateness under § 375-505(4), as applicable, and a grading permit.

Any applicant proposing subsurface excavation in this area should be aware that a Phase IA Cultural Resource Investigation may be required as part of a development plan review, building, grading or other permit based on available information about potential archaeological resources in the area, including but not limited to the presence of any of the features listed in Subsection (2)(B)(vi)D below.

If any of the following features are discovered on a site within the City of Albany, all activity that could disturb, dislocate, damage, or destroy the feature must stop immediately, and the applicant or property owner must notify the City promptly of the existence of such features:

Evidence of human remains or burial grounds;

Evidence of foundation, roof, walls, or infrastructure built with construction materials or techniques not commonly used during the last 50 years; or

Evidence of railroad structures, or canals, dams, or locks.

(c)

Procedure.

(i)

A basic review of readily available cultural resources information is required to be submitted with any development plan. The Chief Planning Official may require a Phase IA Cultural Resource Investigation based upon available information about potential archaeological resources in the area.

(ii)

For proposed development in an archaeological review district, a Phase IA Cultural Resources Investigation must be submitted to the Historic Resources Commission. The Commission may require additional examination, including but not limited to Phase 1B, Phase II and Phase III reports to establish the significance of the resources and agree upon appropriate mitigation.

(iii)

If resources are discovered as a part of a Phase 1B investigation, modifications to the proposed project may be permitted to avoid or minimize potential impacts. If resources are identified and cannot be readily avoided, then the review shall be referred to the Historic Resources Commission for consideration of the need for further examination, including but not limited to Phase II and Phase III reports, to establish the significance of the resources and agree upon appropriate mitigation. The Historic Resources Commission shall issue a certificate of appropriateness as a part of its determination.

(d)

Cultural resources investigations.

(i)

The applicant or the authorized agent thereof shall confer with the City prior to preparing any submission to define and agree upon guidelines for such cultural resource investigation. The City may refer any application or report to the New York State Office of Parks, Recreation and Historic Preservation for advice and consent thereon.

(ii)

Cultural resource investigations shall be consistent with the Standards for Cultural Resource Investigations and the Curation of Archaeological Collections in New York State promulgated by the New York Archaeological Council and shall be prepared by a professional archaeologist.

(iii)

The applicant shall be responsible for all costs associated with the review and reporting.

(3)

FP-O Floodplain Overlay.

(a)

Purpose. The purpose of the FP-O Overlay District is to ensure that development in floodplains defined by Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) complies with all applicable FEMA regulations; to promote public health, safety, and general welfare; and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(i)

Regulate uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities;

(ii)

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

(iii)

Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters;

(iv)

Control filling, grading, dredging and other development that may increase erosion or flood damages;

(v)

Regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands; and

(vi)

Qualify for and maintain participation in the National Flood Insurance Program.

(b)

Objectives. The objectives of the FP-O are to:

(i)

Protect human life and health;

(ii)

Minimize expenditure of public money for costly flood-control projects;

(iii)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(iv)

Minimize prolonged business interruptions;

(v)

Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

(vi)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(vii)

Ensure that developers are notified that property is in an area of special flood hazard; and

(viii)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(c)

General provisions.

(i)

This § 375-206(3) shall apply to all areas of special flood hazard within the jurisdiction of the City.

(ii)

Basis for establishing areas of special flood hazard:

The areas of special flood hazard for the City of Albany, Community No. 360001, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

Flood Insurance Rate Map Panel Nos. 360001C0157D, 360001C0159D, 360001C0176D, 360001C0178D, 360001C0179D, 360001C0183D, 360001C0187D, 360001C0188D, 360001C0189D, 360001C0191D, 360001C0192D, 360001C0193D, 360001C0194D, 360001C0211D, 360001C0213D, 360001C0306D, 360001C0307D, whose effective date is March 16, 2015, and any subsequent revisions to these map panels that affect areas under the City's jurisdiction.

A scientific and engineering report entitled "Flood Insurance Study, Albany County, New York, All Jurisdictions," dated March 16, 2015.

Letter of Map Revision (LOMR) Case No. 17-02-1160P revising FIRM panels: 36001C0192D, 36001C0211D, and 36001C0213D, effective March 7, 2019.

The above documents shall be considered a part of this § 375-206(3). The Flood Insurance Study and/or maps shall be kept on file with the City Clerk.

(iii)

This § 375-206(3) includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.

(iv)

In their interpretation and application, the provisions of this § 375-206(3) shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare.

(v)

Unless specifically defined in Article VI (Rules of Construction; Definitions), words or phrases used in this § 375-206(3) shall be interpreted so as to give them the meaning they have in common usage and to give this subsection its most reasonable application.

(vi)

All references to Zones A, A1-30, AE, AH, AO, B, or X in this § 375-206(3) refer to those zones as depicted on the Flood Insurance Rate Maps listed and referenced in this subsection.

(d)

Warning and disclaimer of liability. The degree of flood protection required by this § 375-206(3) is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This § 375-206(3) does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This § 375-206(3) shall not create liability on the part of the City, any officer or employee of the City, or the Federal Emergency Management Agency for any flood damages that result from reliance on this § 375-206(3) or any administrative decision lawfully made under this § 375-206(3).

(e)

Administration; designation of local floodplain administrator. The Chief Building Official or the equivalent position is hereby appointed local floodplain administrator to administer and implement this § 375-206(3) by granting or denying floodplain development permits in accordance with its provisions.

(f)

Use of other flood data.

(i)

When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data nor identified a floodway, the Chief Building Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source as criteria for requiring that new construction, substantial improvements or other proposed development meets the requirements of this subsection.

(ii)

When base flood elevation data are not available, the Chief Building Official may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this subsection.

(g)

Construction standards.

(i)

General standards. Section 375-206(3)(g)(i)A and B shall apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 375-206(3)(c).

Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard:

Proposals shall be consistent with the need to minimize flood damage;

Public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed so as to minimize flood damage; and

Adequate drainage shall be provided to reduce exposure to flood damage.

Encroachments.

Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or

The City agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City, for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City for all costs related to the final map revision.

On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 375-206(3)(c), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or

The City agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City, for all costs related to the final map revisions.

Whenever any portion of a floodplain is authorized for development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation.

(ii)

Standards for all structures. Section 375-206(3)(g)(ii)A, B and C shall apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 375-206(3)(c).

Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Construction materials and methods.

New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.

Enclosed areas below lowest floor.

For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.

Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.

Utilities.

New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(iii)

Residential structures.

Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in §§ 375-206(3)(g)(i)A and B and 375-206(3)(g)(ii).

Within Zones A1-A30, AE and AH and also Zone A, if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above one foot above the base flood elevation.

Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 375-206(3) (at least two feet if no depth number is specified).

Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

(iv)

Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in §§ 375-206(3)(g)(i)A and B and 375-206(3)(g)(ii).

Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure shall either:

Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or

Be floodproofed so that the structure is watertight below the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection (3)(g)(iv)A2 above.

If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local floodplain administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection (3)(g)(iv)A2 above, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.

(v)

Critical facilities. In order to prevent potential flood damages to certain facilities that would result in serious danger to life and health or widespread social or economic dislocation, no new critical facility shall be located within any area of special flood hazard or within any five-hundred-year flood zone shown as a B Zone or as a shaded X Zone on the community's Flood Insurance Rate Maps.

(h)

Definitions. As used in this section, the following terms shall have the meanings indicated.

APPEAL

A request for a review of the local administrator's interpretation of any provision of § 375-206(3) or a request for a floodplain variance.

BASEMENT

That portion of a building having its floor subgrade (below ground level) on all sides.

BUILDING

A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

CELLAR

That portion of a building having its floor subgrade (below ground level) on all sides.

CRITICAL FACILITIES

For purposes of the Floodplain Overlay (FP-O):

(i)

Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials;

(ii)

Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;

(iii)

Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and

(iv)

Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.

CUMULATIVE SUBSTANTIAL IMPROVEMENT

See § 375-602.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

FEDERAL EMERGENCY MANAGEMENT AGENCY

The federal agency that administers the National Flood Insurance Program.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

HISTORIC STRUCTURE

See § 375-602.

RECREATIONAL VEHICLE

A vehicle that is:

(i)

Built on a single chassis;

(ii)

Four hundred square feet or less when measured at the largest horizontal projections;

(iii)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(iv)

Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION

The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual "start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a home.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages sustained by a structure in two separate occasions during a ten-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

See § 375-602.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.

(4)

CS-O Combined Sewer Overlay.

(a)

Purpose. The purpose of the CS-O Overlay District is to:

(i)

Mitigate impacts of new development and redevelopment on the City's combined sanitary/storm sewer system and to ensure that the City remains in compliance with applicable consent orders regarding management of stormwater flows.

(ii)

Abate combined sanitary/storm sewer overflow discharges and stormwater surcharges during wet weather events through the use of practices that reuse, infiltrate, and delay the release of stormwater into the combined sanitary/storm sewer system.

(b)

Boundaries. The boundaries of the Combined Sewer Overlay District are shown on the map to the right.

(c)

Compliance with consent order. All deposit of waste or sewage, all construction of public or private sewers, all connections to public sewer systems, and all other matters related to the disposal of stormwater or sanitary sewer effluent within the Beaver Creek Sewer District, the Karlsfeld Sanitary Sewer District, and the Krumkill Sanitary Sewer Districts, shall comply with the terms of the Albany Pool Communities Combined Sewer Overflow Long- Term Control Plan Order on Consent (DEC Case No. CO 4-20120911-01), entered into by the Albany Pool Communities, Albany County Sewer District, the Rensselaer County Sewer District, and the New York State Department of Conservation on January 15, 2014, and actions inconsistent with the terms of that order are violations of this USDO, as amended, until such time as the terms of that order are no longer binding on the City.

(d)

Additional referrals required. Each application for development that is anticipated to generate over 2,500 gallons of sanitary sewer flow per day will require review by the Albany Department of Water and Water Supply and the New York State Department of Environmental Conservation to ensure compliance with the State Pollution Discharge Elimination System permit. The City may require the use of water recycling technology as a condition for high water uses.

(5)

PB-O Pine Bush Overlay.

(a)

Purpose. The purpose of the PB-O Overlay District is to preserve and protect the unique and sensitive nature of the Pine Bush area environment, and to ensure that future development within the overlay area complements efforts outlined in the Albany Pine Bush Preserve Management Plan to the greatest extent possible, while still allowing for appropriate development to occur.

(b)

Boundaries. The boundaries of the Pine Bush Overlay District are shown on the map to the right.

(c)

Regulations.

(i)

General leveling and clearing of sites in the PB-O District is not permitted. New construction or redevelopment shall not remove existing indigenous trees or natural features except where necessary for the approved building of foundations, parking areas, and access driveways.

(ii)

Principal and accessory structures are generally limited to a single story in height where a property abuts lands dedicated for conservation pursuant to the Albany Pine Bush Preserve Management Plan in order to reduce impacts from smoke arising from prescribed burns required to maintain the health of the Pine Bush Preserve. The Planning Board may approve additional stories if it would result in a smaller total building footprint, less impervious lot coverage or the dedication of additional lands for conservation.

(iii)

New or redeveloped principal structures shall be set back at least 150 feet from each lot line with an adjacent undeveloped or protected property in the PB-O District. All portions of the required setback area that are not occupied by parking areas, driving lanes, or stormwater management facilities shall be vegetated by retaining any existing natural vegetation to the maximum extent practicable. Where existing vegetation is more sparse or less biologically diverse than that on the adjacent undeveloped PB-O District property, it shall be supplemented through the planting of indigenous species, primarily oak and pitch pines, to a similar density and biological diversity as that on the adjacent undeveloped property.

(iv)

New or redeveloped principal structures shall be set back no more than 50 feet from the front lot line, in order to group traffic and occupancy impacts near those areas where the PB-O District is already fragmented by existing roads.

(v)

On lots not more than 10,000 square feet in size, new or redeveloped principal and accessory structures shall not occupy more than 20% of the total lot area.

(vi)

All surface parking areas and access driveways shall be located behind the front wall plane of the primary structure, and shall be constructed of pervious paving materials unless the applicant demonstrates that the use of such materials is inconsistent with the type and level of vehicle use required for the permitted principal use. If the use of impervious paving materials is approved, the total area occupied by building footprints and impervious paving shall not exceed 50% of the site area.

(vii)

Native species chosen from a list maintained by the Pine Bush Preserve Commission and included in the Administrative Manual will be used for required landscaping. New landscaping shall not consist of introduced or invasive species.

(6)

NK-O Normans Kill Overlay.

(a)

Purpose.

(i)

The purpose of the NK-O Overlay District is to ensure careful planning in this area so as to protect people and the environment in the sensitive riparian area. A failure to do so has the potential to result in the degradation of water quality, increased erosion and flooding, loss of wildlife habitat, and reduced opportunities for recreation along the creek.

(ii)

The Normans Kill is one of the major freshwater tributaries of the upper Hudson River, which is accessible to anadromous fishes and contains freshwater tidal wetland areas. The fish and wildlife habitat is an approximate two-mile segment of this freshwater tributary, extending from its mouth on the Hudson River to a falls that is located just downstream from the New York State Thruway (Interstate Route 87) bridge. It is significant spawning habitat for migratory fishes in the upper Hudson River.

(iii)

Erosion and landslides are persistent problems along the Normans Kill, particularly where there is streamside development or significant clearing of slopes. Soils composed of a high percentage of clay have moderate to severe limitations and have high potential erosion. As the slope of these soils increases, the limitations and erosion hazard also increase. The urban areas of the City are particularly vulnerable to erosion from stormwater runoff.

(b)

Boundaries. The boundaries of the NK-O District are shown on the map to the right.

(c)

Regulations.

(i)

Any land use, structure, or activity that is anticipated or could result in the disturbance of more than 10,000 square feet of surface land area, or to the excavation of more than 100 cubic yards of dirt or fill, shall be required to apply for major development plan review.

(ii)

An applicant shall be required to avoid or mitigate any potential adverse impacts on the Normans Kill watershed or waterway, including but not limited to soil erosion, soil slippage, and impacts to the floodway or floodplain.

(7)

AC-O Albany-Colonie Intermunicipal Overlay.

(a)

Purpose.

(i)

The property, as described and/or depicted on the corresponding overlay map, has been a long vacant industrial property bisected by the municipal borders of the Town of Colonie and the City of Albany. The property formerly housed Tobin's First Prize meat processing and packaging facility, where meat packing activities were conducted, and has been significantly deteriorating since its closure decades ago. Several redevelopment opportunities have been explored over the years with no tangible results. One of the primary reasons cited for the lack of interest and or ability to redevelop the site is the uncertainty that results from the property being located in two separate municipalities and subject to two separate and complex land use approval processes.

(ii)

Consistent with their respective Comprehensive Plans, the Town Board of the Town of Colonie and the Common Council of the City of Albany each desire to facilitate redevelopment of this vacant and deteriorating property. Redevelopment, through replanning, and demolition and reconstruction where appropriate will promote and encourage the elimination of blight in this area and promote economic growth. Maximum flexibility for future redevelopment is to be encouraged.

(iii)

City of Albany Comprehensive Plan § 3.1, which encourages ways to make the City attractive for business development and appealing to regional economic development practitioners, states:

"[C]reation of new zoning or overlay districts, density evaluation and adjustment to bring about desired community vision, elimination of existing zoning districts that are obsolete or ineffective, and rezoning of areas of the City to existing or new districts. Form-based codes should be considered . . . and [p]romote development patterns that include walkable streets, compact, mixed-use development, public spaces, and context sensitivity to historic design and development."

(iv)

Town of Colonie Comprehensive Plan, § 3.3, states:

"Many opportunities exist within the Town of Colonie to regenerate and revitalize once vital industrial areas. Locations that are underutilized or even unused today, such as the First Prize Center . . . could be returned to productive use. Trying to recreate value in these areas is consistent with the notion that the Town of Colonie cannot look at its remaining undeveloped land for all or most of its future development opportunities. The future revitalization of these areas should be viewed as a critical economic development opportunity . . . Success with this type of initiative will help the Town maintain its fiscal balance, making it possible to fund necessary services and desired quality of life improvements."

(v)

It is the purpose of this § 375-206(7) to promote the health, safety, convenience and general welfare of the residents of the City and the Town by establishing a single intermunicipal zoning district applicable to the covered area which promotes and encourages economic development in both municipalities through an integrated mix of planned commercial and residential uses designed and constructed using smart growth principles. This intermunicipal zoning district encourages a mix of uses within multiple-story buildings and structures, encourages a high density of building structures and uses to create a village-like or urban setting, promotes pedestrian and other nonvehicular access between uses and provides sufficient separation and buffering from properties neighboring the zoning district to protect the existing character of existing land uses surrounding the district.

(vi)

This § 375-206(7) is intended to promote intergovernmental cooperation to increase coordination and effectiveness of comprehensive planning and land use regulation, make more efficient use of infrastructure and municipal revenues, as well as the enhanced protection of community resources, especially where such resources span municipal boundaries.

(vii)

It is the intent of this § 375-206(7) to create an intermunicipal overlay zoning district, and a set of self-contained regulations to apply to any future redevelopment that occurs within the zoning overlay district. The City and the Town will accomplish this vision through creation of the Albany-Colonie Intermunicipal Overlay Zoning District.

(viii)

The requirements of this § 375-206(7) are intended to be the only land use requirements to apply within the zoning overlay district, except as provided in this subsection, and such requirements shall supersede any zoning requirements and other land use regulations that would otherwise apply in the absence of this subsection. The provisions of this subsection shall be broadly interpreted to promote the Town of Colonie's and the City of Albany's vision and goals as set forth herein, to ensure orderly development and to satisfy the legislative intent of this subsection.

(ix)

This § 375-206(7) is adopted pursuant to, and in furtherance of, an intermunicipal agreement between the City of Albany and Town of Colonie.

(x)

This § 375-206(7) may not be changed unilaterally by the Town of Colonie or the City of Albany. Any modification of this subsection shall be subject to Section 13 of the intermunicipal agreement.

(b)

Establishment of Albany-Colonie Intermunicipal Overlay Zoning District.

(i)

The Common Council hereby creates an intermunicipal zoning district entitled Albany-Colonie Intermunicipal Overlay Zoning District (AC-O).

(ii)

Albany-Colonie Intermunicipal Overlay

The property depicted on the map at the right is hereby designated in the AC-O Zone and the City of Albany and Town of Colonie Zoning Maps are hereby amended accordingly.

(iii)

The Town Board and the Common Council hereby adopt a concept redevelopment plan ("concept plan") for the AC-O Zone as contained in the intermunicipal agreement executed between the City of Albany and the Town of Colonie. Such concept plan may be amended from time to time as provided herein.

Subject to the limitations set forth in Subsection (b)(vii), (viii), and (ix) of this § 375-206(7), the actual mix and location of uses and other features of the concept plan, including access drives, shall be proposed by the applicant in connection with each phase(s), subject to site plan review.

Establishment of uses other than those listed in Subsection (b)(vii) or (viii) of this § 375-206(7) or changes to the boundaries of the development envelope or the buffer area (except access drives approved as part of site plan review) shall not be permitted except by amendment to this subsection duly adopted by the Town and City.

Any changes made to the concept plan as provided herein, including approved phase(s), shall become part of this § 375-206(7).

(iv)

These regulations shall apply to all or any redevelopment, construction, erection, location or expansion of any use, including any building, structure or appurtenant system, as herein provided for in the AC-O District as shown on the concept plan (hereinafter, all or any part of same, the "project").

(v)

No redevelopment shall be undertaken in the AC-O District except in conformity with this § 375-206(7), including the concept plan. The concept plan may be constructed or otherwise undertaken in one or more phases (hereinafter, "phase" or "phases"). This § 375-206(7) contains the only zoning or land use requirements applicable in the AC-O District. No other zoning or land use requirements or provisions of either the City or Town zoning or land use requirements shall apply, including, but not limited to, any such requirements relating to subdivision, demolition and outdoor uses. In the event that the Town or City zoning and land use laws contain a zoning requirement or provision not otherwise contained in, or which is in conflict with, the AC-O District, the requirements of this subsection shall govern.

(vi)

Permits and/or approvals required. No use may be established and no development may be commenced without first obtaining site plan approval or other required permits and/or approvals pursuant to the requirements of the AC-O District and the intermunicipal agreement, including, but not limited to, compliance with applicable SEQRA requirements, and grading and clearing permits.

(vii)

Permitted uses.

The principal uses shown on the concept plan, which are the same as the principal uses listed in the Permitted Use Table below, shall be permitted as of right in the AC-O District. If a use is not listed in the Permitted Use Table, it shall be prohibited. Multiple principal uses shall be permitted on a single lot, or multiple lots, and may be bisected by the Town/City municipal border.

Permitted use table. The following uses are permitted:

Hotels.

Banquet centers.

Restaurants.

Retail.

Residential.

Theaters.

Health clubs/indoor recreation.

Entertainment.

Grocery stores/supermarkets.

10.

Amphitheaters and parks/cultural entertainment facilities.

11.

Offices.

12.

Parking and multi-level parking structures.

13.

Any other use proposed which the Consolidated Zoning Board determines is consistent with and furthers the intent of this AC-O District.

(viii)

Permitted accessory uses shall be as follows:

All structures or uses which are subordinate to and serve a principal building or principal use shall be permitted.

(ix)

Area and bulk requirements.

The project shall be constructed within the overall development envelope shown on the concept plan ("development envelope"), and the remainder of the site (except for access drives through such area to neighboring public streets) shall be utilized as a buffer from surrounding properties and uses ("buffer area"). Provided that the buffer area is maintained as provided for herein, there shall be no yard setback requirements, or building or structure coverage limitation; provided however, that in all areas of the AC-O District where there is an internal roadway, a sidewalk meeting the requirements of the Town must be constructed between such roadway and the ground floor of such adjoining building or structure.

Maximum building height: 185 feet.

Parking.

Parking shall be provided in accordance with the applicable industry standards and practices for mixed-use projects, taking into account the use or uses proposed in connection with each phase. Such standards shall include shared parking facilities.

The applicant shall demonstrate the fact that adequate and convenient parking is being provided and accessible to the proposed uses in connection with each phase.

The Consolidated Planning Board may waive the requirements and allow the number of spaces deemed necessary, and their location relative to the use in connection with each phase.

Parking may be provided for any use or uses on one or more lots within the AC-O District.

(x)

Landscaping. Landscaping for the particular phase under review shall be subject to the standards and criteria set forth in § 375-206(7)(b)(xii)B5.

(xi)

Powers of Consolidated Planning Board.

The Consolidated Planning Board shall have the powers set forth in the intermunicipal agreement.

Each phase of the project, including the location and mix of uses, shall be subject to site plan review by the Consolidated Planning Board.

(xii)

Site plan review standards and procedure.

Application for site plan review. An application for site plan review must be made to the Consolidated Planning Board on a prescribed Consolidated Planning Board application form. The application form shall be presumed the minimum required information and documentation, however, the Consolidated Planning Board may, at its discretion, require the submission of such additional information as it deems necessary to conduct its review, or waive information it determines is not needed. The Consolidated Planning Board shall have the authority to modify the application form in its discretion to further the purposes and intent of this chapter.

Site plan review standards and general criteria. The Consolidated Planning Board shall review a site plan application in accordance with the requirements below:

Conformance with the concept plan. The phase must substantially conform to the concept plan.

Traffic access and roads. All proposed intersections with public roads shall be adequate but not excessive in number; adequate in width, paving, grade, alignment and visibility. Necessary traffic signalization, signs, dividers and other safety controls, devices and facilities shall be given proper consideration and duly provided wherever appropriate or warranted.

Pedestrian safety and access. Safe, adequate and convenient pedestrian access and circulation shall be provided both within the site and to adjacent public roads.

Circulation and parking. Off-street parking shall be provided as set forth in § 375-206(7)(b)(ix)C. The interior circulation system shall be adequate to provide safe accessibility to, from and within all required parking areas. Parking on streets internal to the site shall be permitted, subject to Consolidated Planning Board approval. The location and design of loading spaces shall not unreasonably interfere with neighboring off-site uses.

Screening and landscaping. All structures and recreational, parking, loading, public and other service areas shall be reasonably landscaped and/or screened so as to provide adequate visual and noise buffers from neighboring off-site uses. The scale and quality of the landscaping and screening on site shall be harmonious with the character of the neighborhood abutting the landscaped and/or screened area.

Drainage. A storm drainage system which demonstrates affirmative compliance with the form, scope and substance of all applicable design criteria shall be provided to accommodate expected loads from the tributary watershed. Drainage shall be conducted to a point of adequate and suitable disposal. Where appropriate, stormwater control shall be provided so as to retain the same rate of off-site runoff as the existing condition.

Water/sewer. Each phase shall be connected to the existing municipal water and sewer systems currently serving the site. The applicant shall be required to construct the on-site improvements necessary to assure that such systems are able to satisfactorily accommodate the use.

Lighting. All site lighting shall be designed and installed so as not to unreasonably interfere with neighboring off-site uses and properties.

Fire protection. All proposed structures, service areas, fire lanes, water distribution lines, hydrants, equipment and material shall be adequate and readily accessible for the protection of the proposed uses from fire. Sufficient water supply for fire-fighting purposes shall be provided.

10.

Impact of the project on adjacent land uses. Adjacent and neighboring off-site properties shall be protected against noise, glare, unsightliness or other objectionable features. Where a proposed nonresidential use would adjoin a residential area, the Planning Board shall minimize the impact of the proposed use on such off-site residential properties.

11.

Signage. Signage for the particular phase under review shall be as provided herein.

Signage located on the south side of the AC-O District and facing the highway (I-90) and/or Everett Road will be consistent with other existing signage along I-90.

Signage that faces internally within the AC-O District may differ from other areas of the site, as long as not visible from properties to the north of the AC-O District.

Signage located on the north side of the AC-O District and facing outward to Exchange Street will comply with the Town of Colonie regulations pertaining to signage.

Waivers. An applicant may request, in writing, a waiver or modification of any of the site plan review standards herein. The Consolidated Planning Board may waive or otherwise modify such standards, or requirements, as the case may be, upon a finding that such action is appropriate to further the spirit and intent of this § 375-206(7).

(xiii)

Powers of Consolidated Zoning Board of Appeals.

The Consolidated Zoning Board of Appeals shall have the powers set forth in the intermunicipal agreement.

To the extent that the powers set forth in such laws are capable of differing interpretations, the Consolidated Zoning Board of Appeals shall adopt and follow the interpretation that most furthers the purposes and goals of redeveloping the site into the project.

(xiv)

Administration and enforcement. The provisions of this subsection shall be administered and enforced as provided herein.

(xv)

Definitions. As used in this subsection, the following terms shall have the meanings indicated.

HEALTH CLUBS/INDOOR RECREATION

An establishment that offers facilities, equipment and programs for exercise, weight loss and/or body development, provided that, in order to be within the scope of this definition, any such use that requires a license to operate must demonstrate that it has or is qualified to obtain such a license. Food items may be offered. Outdoor athletic courts and facilities are permitted and may be included with a health club and/or indoor recreation use.

HEIGHT

The vertical distance from the average ground level of the foundation of the building or structure to the highest point of the roof, unless otherwise specified herein, provided that chimneys, spires, towers, elevators, penthouses, tanks, HVAC, and similar projections shall be excluded from such calculation.

HOTEL

A building in which lodging is provided and offered to the public, which is customarily open to transient guests, and which may include ancillary facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. A hotel unit may contain a kitchen for extended stay lodgings. Outdoor athletic courts and other outdoor facilities are permitted and may be included with a hotel use.

MULTILEVEL PARKING STRUCTURES

A structure used for parking or temporary storage of motor vehicles on more than one floor.

OFFICES

Any building or part of a building where the principal use is the operation of a business, administrative, governmental, public utility, sales, professional, or other business or services.

RESIDENTIAL USE

The use of all or a portion of a building or structure arranged, intended or designed to be occupied by three or more resident households living independently of each other. An apartment building and multiple or multi-unit dwellings are the same type of structure. Residential use shall include owner-occupancy or for rent.

RESTAURANT

A building or structure or portion thereof, arranged, intended or designed for the preparation and service of meals at tables or counters. A restaurant shall include banquet halls.

RETAIL

Establishments engaged in the sale of goods, merchandise and services to the public and rendering services incidental to the sale of such goods.

THEATER

A building or space, or portion thereof, used for cultural education and experiences, motion pictures, live productions, or other entertainment, including, but not limited to, museums, art galleries, aquariums, amphitheaters, theaters, cultural entertainment facilities and performance halls.

(c)

Supersession.

(i)

This § 375-206(7) shall supersede all other local laws and ordinances of the Town of Colonie and the City of Albany applicable to the site that are inconsistent with the provisions of this § 375-206(7).

(ii)

If any clause, sentence, paragraph, word, section or part of this § 375-206(7) shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, or section or part thereof directly involved in the controversy in which such judgment shall have been rendered.