PROPOSED STIPULATION NO. 5: LAND USES AND LOCAL LAWS
1. To the extent consistent with and applicable to the substantive terms of the paragraphs set forth in this Stipulation, the land uses and local laws evaluation for this Project will utilize, as applicable, the documents listed below:
New York State Department of State, Coastal Management Program Policies, August 1982.
New York City Department of City Planning, New York City Comprehensive Waterfront Plan (1993).
New York City Department of City Planning, Plan for the Brooklyn Waterfront (1994).
New York City Department of City Planning, The New Waterfront Revitalization Program (1997).
New York City Department of City Planning, Zoning Resolution for New York City - Article I, General Provisions.
New York City Department of City Planning, Zoning Resolution for New York City - Article IV, Manufacturing District Regulations.
New York City Department of City Planning, Zoning Resolution for New York City - Article VI, Waterfront Zoning.
Brooklyn Community Board 1. Williamsburg Waterfront 197-a Plan: A Matter of Balance: Housing, Industry, Open Space (October 1998).
Brooklyn Community Board 1. Greenpoint 197-a Plan (June 1998).
Greenway Plan for New York City (Fall 1993).
LAND USES
2. The Application will include a study of the land uses in the vicinity of the Project (Study). The Study will include:
(a) A map of all existing land uses within a 1-mile radius of the Project site;
(i) The map referenced herein will identify property lines, as well as the project's relationship to adjacent properties, land uses and land use plans; and
(ii) A separate larger scale map of all properties within 1000 feet of the Repowered facility showing land use, tax parcel number, and owner of record of each property (based on municipal tax assessor office records) shall also be included.
(b) A map of existing zoning district within a 1-mile radius of the Project site, including a description of the permitted uses within each zoning district;
(c) A map of all publicly known proposed land uses within a 1-mile radius of the Project site, gleaned from interviews with state and local planning officials during TGE's public involvement process or from other sources;
(d) A qualitative assessment of the compatibility of the Project, with existing and potential and proposed land uses, and local and regional use plans, within a 1-mile radius of the Project; and
(e) Interviews with providers of local community services such as fire, police, health care, education, waste removal, and utilities to determine the potential impacts of the proposed Project on the local community.
3. In accordance with Section 1001.7(b)(2)&(3) of the Rules of the Siting Board, the Application to be submitted will include a description of the financial resources available to restore any disturbed areas of the Project site in the event the Project is abandoned, cannot be completed, or is decommissioned. These Rules also require TGE to submit a plan for the decommissioning of the Project site in the event the Project is approved and constructed. Any studies will be restricted to land owned by TGE. Any plan for site restoration or decommissioning will propose an outcome that is consistent with the current land use as well as an alternate plan that is consistent with unrestricted (open space, residential) uses.
4. The Application will include an analysis of the consistency of the proposed Project with the following land use plans and requirements where applicable to the proposed Project:
a. New York City Comprehensive Waterfront Plan b. The New Waterfront Revitalization Program c. Plan for the Brooklyn Waterfront d. Greenway Plan for New York City e. New York Coastal Zone Management Policies f. New York City land use and zoning laws, ordinances, regulations and rules g. Williamsburg and Greenpoint 197-a plans
5. The Application to be submitted will identify and analyze all substantive provisions of local law applicable to the Project. The Application will include:
(a) An identification of all substantive New York City land use and zoning laws, ordinances, regulations and rules applicable to the construction or operation of the Project and interconnections;
(b) An identification of all substantive provisions identified above which the Applicant deems to be unreasonably restrictive pursuant to PSL 168(2)(d);
(c) For any substantive provisions which the Applicant deems to be unreasonably restrictive pursuant to PSL 168(2)(d), an explanation of the basis for asserting that the provision is unreasonably restrictive;
(d) For the substantive provisions that Applicant does not deem to be unreasonably restrictive pursuant to PSL 168(2)(d), a demonstration of the Project's compliance; and
(e) A summary comparison table in two columns listing the applicable substantive the provisions in the first column and the degree of compliance in the second column.
6. The Application to be submitted will identify all municipal approvals, consents, permits, certificates, or other conditions that would be required for the construction or operation of the proposed facility absent section 172 of the Public Service Law. For each approval, consent, permit certificate, or condition, the Application will include:
(i) An identification of the state agency, municipality or agency thereof that typically exercises jurisdiction over such matter;
(ii) A request that the Siting Board either (a) exercise its jurisdiction over such matter, or (b) authorize the appropriate state agency, municipality or agency thereof to exercise jurisdiction over such matter pursuant to Section 172(1) of the Public Service Law; and
(iii) An indication of the reason for each request made pursuant to paragraph 6(ii)(b) above.
MITIGATION
7. The Application will address mitigations measures, if necessary, to minimize any adverse impacts on land uses, including recreational land uses, identified in the course of performing the analysis described in land use studies described in this stipulation.
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