TROY CITY COUNCIL
GENERAL SERVICES COMMITTEE AGENDA
August 8, 2019
6:00 P.M.
Pledge of Allegiance
Roll Call
Public Forum
LOCAL LAWS
ORDINANCES
71. Ordinance Amending The Troy City Code, Chapter 148, Electricians (Council Member
Bissember, Council President Mantello)
72. Ordinance Amending The Troy City Code, Chapter 228, Plumbers (Council Member
Bissember, Council President Mantello)
73. The Plastic Free Hudson River Ordinance To Amend The Troy City Code, Chapter §189
(Council Member Bissember)
RESOLUTIONS
50. Resolution Determining That Proposed Type I Action Shall Have No Significant Adverse
Impacts On The Environment (Council President Mantello) (At The Request Of The
Administration)
56. Resolution Determining That Proposed Unlisted Action Shall Have No Significant Adverse
Impacts On The Environment (Council President Mantello) (At The Request Of The
Administration)
ORD. 71
ORDINANCE AMENDING THE TROY CITY CODE, CHAPTER 148, ELECTRICIANS
The City of Troy, convened in City Council, ordains as follows:
Section 1. Chapter 148 of the Troy City Code is amended as follows:
Chapter 148. Electricians
[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973 as Ch. 11 of the
1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 141.
Property maintenance — See Ch. 176.
§ 148-1. Definitions.
For the purposes of this chapter, the following definitions shall apply:
BOARD or BOARD OF EXAMINERS
The Electrical License Board of Examiners provided for in this chapter.
MASTER ELECTRICIAN
Includes any person holding himself out to the public as principally engaged in
the business of contracting to install or alter electrical equipment or apparatus for
utilization of electricity supply for light, heat or power. A person who holds a valid
Class A license or Class B license issued in accordance with the provisions of
this chapter.
PERSON
Includes persons of either sex, natural persons, corporations, partnerships,
associations, joint-stock companies, societies and all other entities of any kind
capable of being used. A natural person.
§ 148-2. Board of Examiners.
[Amended 1-8-1981; 10-2-1986; 10-4-1990]
A.
There is hereby created a board to be known as the Electrical License Board of
Examiners which shall consist of seven three members as follows:
(1)
One local representative from any one of the electrical inspection agencies listed in
§ 141-58, such representative to be the electrical inspector assigned to the City territory.
(2)
Two master electricians with at least 10 years experience in the City of Troy, primarily
engaged in the electrical field construction work and employing one or more journeyman
electricians.
(3)
ORD. 71
One journeyman electrician of 10 years experience in the City; all to be appointed by
the Mayor and a representative of the New York Power and Light Corporation; the
Commissioner of Buildings and the City Clerk.
B.
The present existing Electrical License Board of Examiners and all members thereof is
hereby terminated and such present members shall continue only until the appointment
of new members by the Mayor as prescribed by this chapter. With the expiration of the
term for which each member shall have been appointed, the Mayor shall fill the vacancy
by appointment of a person with the same qualifications as the member of office who is
terminated for a term of three yearsEach member shall be appointed by the Mayor to
serve a term of three years, unless sooner removed by the Mayor. Any appointed
member may be removed by the Mayor for malfeasance in office, incapacity, or neglect
of duty.
C.
The Administrator of the Board of Examiners shall be the City Clerk.
D.
As of January 1, 2020, Each each member of the examining board Board of Examiners
shall receive a fee of $500 600 a year and the secretary Administrator of the Board shall
receive $1,0001200 a year. Each member of the examining board Board of Examiners
who is qualified to hold a Class A license shall be entitled to receive such license and/or
renewals thereof without paying a fee.
[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I).
C. E.
The Board of Examiners shall elect its own chair. The secretary shall be the City Clerk
or the designee of the City Clerk. A majority of the membership of the Board shall
constitute a quorum to transact the business of the Board. The Board shall meet at least
quarterly on the fifteenth day of January, the fifteenth day of April, the fifteenth day of
July, and the fifteenth day of October, and shall hold special meetings at the call of the
Chair, who shall call a special meeting whenever he/shethey or a majority of the Board
shall consider such meeting desirable for the proper and efficient conduct of the
business of the Board. The Board shall examine applicants for licenses to determine the
qualifications and fitness of the applicants to receive licenses to engage in business as
master electricians. The nature of the examinations conducted under this chapter shall
be determined by the Board, and the Board shall adopt such rules and regulations as it
may deem necessary for such examinations. An applicant who has failed in his first
examination shall not be entitled to another examination until after 90 days from the
date of such failure; an applicant who has failed twice or more shall not be entitled to
any additional examination until after six months from the date of the last preceding
failure. Final action on any application shall be taken by the Board of Examiners within
three months after the receipt of the application by the City Clerk.
§ 148-3. License required.
A.
ORD. 71
No person shall within the limits of the City engage in or carry on the business of
installing, altering or repairing any electric wiring or electric apparatus for heat, light or
power, nor shall any person in any manner undertake to execute such work unless such
person is the holder of a master electrician's Class A or Class B license as provided for
in this chapter or is working for a company that employs an electrician who holds a
Class A or Class B license as provided for in the chapter, except as provided in § 148-
11148-13.
B.
Every company performing electrical work in the City of Troy must employ a licensed
master electrician.
C.
There shall be two classes of licenses, to be known as "Class A" and "Class B”. A
Class A license shall entitle the holder thereof to engage in or carry on the business of
master electrician for the duration of the license. A Class B license shall entitle the
holder thereof to carry on the business of master electrician but shall entitle such holder
to undertake the execution of work in a single continuous installation only, such
installation to be confined to one location or property, and such Class B license shall
expire one year from the date of its issuance unless renewed within such one-year
periodbefore the expiration date.
§ 148-4. Application for Class A license.
A.
Any person desiring to procure a Class A license as provided for in this chapter shall
make application for such license to the City Clerk, stating the class of license applied
for, the name and place of business of the applicant and the name of the representative
of the applicant who will act as supervisor of the work to be done under the license, and
the applicant shall have at least five years experience using the form provided and
submitting such documentation as shall be required by the Board.
B.
The City Clerk shall within 10 5 days after the receipt by him/her of any application for a
Class A license accompanied by the proper fee, deliver such application to the
secretary of the Board of Examiners, who shall assess the application to determine the
fitness of the applicant to take the written examination.
C.
Beginning January 1, 2008, every application for renewal received beyond the renewal
deadline date, as defined in § 148-8A herein, shall be processed pursuant to § 148-8.
[Added 8-7-2008 by Ord. No. 9]The Board shall examine applicants for licenses to
determine the qualifications and fitness of the applicants to receive Class A licenses to
engage in business as master electricians. The nature of the examinations conducted
under this chapter shall be determined by the Board,. and tThe Board and the
Administrator shall adopt such written rules and regulations as it they may deem
necessary for such examinations.
D.
Applicants must earn a minimum grade of 75% to pass the exam. An applicant who has
failed in his first examination shall not be entitled to another examination until after 90
days from the date of such failure; an applicant who has failed twice or more shall not
ORD. 71
be entitled to any additional examination until after six months from the date of the last
preceding failure. Final action on any application shall be taken by the Board of
Examiners within three months after the receipt of the application by the City Clerk.
§ 148-5. Holder of license and supervisor.
A.
Each license when issued under this chapter shall be issued to a person, firm or
corporation to be known as the holder of the license. Each license shall designate as
supervisor of all electrical work to be done by the person, firm or corporation to whom
the license is issued the person named as supervisor in the application for the license.
B.
In case the holder of the license is a person, the supervisor shall either be the holder
himself/herself, or shall be in the employ of the holder. In case the holder of the license
is a firm, the supervisor shall either be a partner in the firm or shall be in the employ of
the holder. In case the holder of the license is a corporation, the supervisor shall either
be an officer of the corporation or shall be in the employ of the corporation. The same
person shall not be designated as the supervisor in two or more licenses issued to
different persons, firm or corporations. In the event that the business association or
employment of the supervisor with the holder of a license shall terminate, such license
shall become null and void 90 days after such termination; provided, however, that
without payment of any further fee, a new license shall be granted to the holder of the
expiring license upon application to the Board of Examiners within the ninety-day period
and upon the approval by the Board of Examiners of the qualifications of the person
named in the application as the supervisor for the person, firm or corporation making
the application for the license.
§ 148-65. Issuance of Class A license.
A.
Upon notification by the secretary of the Board of Examiners that the applicant has
passed the examination and that the applicant has met all the requirements of the
Board to engage in the business of master electricianreceive a Class A license, the City
Clerk shall issue the license to engage in the business as provided for in § 148-3. All
Class A licenses shall be numbered in the order in which they are issued and each
license shall state the class of license, the name and address of the holder, and the
expiration date of the license, the name of the supervisor, the fee paid, and in the case
of the Class B license, shall specify the particular installation to which the license
applies.
§ 148-76. Fees for Class A license.
[Amended 1-2-1976; 12-4-1980; 5-7-1987; 12-8-1994; 3-14-1996]
A.
For the calendar year in which the license is first issued, a fee of $200 shall be paid for
the Class A license. If it is determined an applicant does not meet the requirements to
take the examination provided for in this chapter, the sum of $200 shall be refunded; if a
ORD. 71
license is not granted due to failure of said examination, the sum of $100 shall be
returned. A fee of $200 shall be paid for a Class B license or any renewal thereof.At the
time of examination, approved applicants shall pay a non-refundable exam fee of $100.
B.
Upon passing the exam, a Class A license shall be issued for a fee of $150 and shall
expire at the end of the calendar year in which it was issued.
C.
For each subsequent annual renewal of a Class A license, a fee of $150 shall be paid.
D.
For each renewal of a Class A license after the first year, a fee of $100 shall be paid. A
deposit equal to the fee the first year shall accompany each application for a license,
and in case the license is granted, such deposit shall be retained as the fee for that
year. In case the license is not granted, the deposit shall be returned to the applicant.
All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk
to the Treasurer of the City.
§ 148-87. Expiration and renewal of Class A license.
[Amended 8-7-2008 by Ord. No. 9
[1]
]
A.
Each Class A license shall expire at the end of the calendar year in which it was issued,
consistent with § 148-8 148-7 herein. Each Class A license shall be renewed, without
further examination, if the complete application for renewal and appropriate renewal fee
is are received by the City Clerk on or before December 15 of each calendar year. A
completed renewal application shall include and upon the applicant showing proof of
completing at least six hours of continuing education in the electrical field during the
current calendar year, and either proof of workers’ compensation/disability insurance
(NYS Form C-105.2) or proof of exemption (NYS Form CE-200).
[Amended 8-2-2012 by Ord. No. 2]
B.
In the event the annual renewal application and fee is not received on or before
December 15, tThe City Clerk shall accept the filing of all late applications received after
December 15, provided the late application is received by the City Clerk within nine
months of the filing deadline. The applicant must attach a detailed sworn written
statement to the late application, explaining the basis for the late filing. In addition, the
applicant must pay the annual filing fee plus a late filing fee of $250 upon submission of
the late renewal application. Upon receipt of the late renewal application, the sworn
written statement and all fees, the City Clerk shall forward the late application and
attached sworn statement to the Board of Examiners for the Board's review and
deliberation in contemplation of either approval or denial of issue the license renewal
license.
C.
Upon receipt of the late renewal application, the Board of Examiners shall meet and
review the application, along with the applicant's sworn written statement explaining the
basis for failing to meet the filing deadline of December 15. Upon review and
deliberation of the circumstances surrounding the basis of the late application, the
Board is hereby authorized, by a majority vote, to reinstate the license without
ORD. 71
reexamination, provided the basis for failure to renew was solely procedural in nature.
The standard of review upon approval shall be based upon a "preponderance of the
evidence which demonstrates the failure to renew was a negligent procedural defect, in
no way related to the applicant's substantive ability to perform his/her duties as a
licensed electrician." The Board is hereby authorized to establish reasonable
procedures to review all late filings consistent with and ensuring due process rights to
all late applicants. The Corporation Counsel shall be available to the Board to provide
legal counsel to the Board as requested.Renewal applications received after nine
months of the filing deadline shall be required to retake the licensing examiniation.
[1]
Editor’s Note: This ordinance also provided that it be in effect retroactive to 1-1-2008.
§ 148-8. Application for Class B license.
A.
Any person desiring to procure a Class B license as provided for in this chapter shall
make application for such license to the Department of Code Enforcement using the
form provided and submitting such documentation as shall be required by the
Department and the appropriate fees.
B.
The Department shall within 10 days after receipt of any application for a Class B
license assess the application to determine the fitness of the applicant to execute the
work described therein.
§ 148-9. Issuance of Class B license.
A.
Upon approval of the Class B license application, the Department of Code Enforcement
shall inform the City Clerk, who shall issue the Class B license. All Class B licenses
shall state the class of license, the name and address of the holder, and the location of
the property covered by the license.
§ 148-10. Fees for Class B license.
A.
Each Class B license and subsequent renewal shall be issued for a fee of $300. All fees
shall be paid to the City Clerk and shall be subsequently paid by the City Clerk to the
Treasurer of the City.
§ 148-911. License not transferable.
A.
No license granted under this chapter shall be transferable, and no license shall be
used for the interests of any unlicensed master electrician, except as provided for in
§148-3.
§ 148-1012. Revocation of license.
ORD. 71
A.
Upon presentation to the Board of Examiners of charges that the holder of any license
has willfully violated any of the provisions of any ordinances of the City or any
neighboring community or county with which the Board has a reciprocal agreement
applying to electrical work or is incompetent to comply with such provisions, the Board
of Examiners shall fix a time and place for a meeting to consider such charges and shall
notify the holder of the license to be present at such meeting. Such notification shall be
in writing and shall be delivered to the holder at least five days in advance of the
meeting.
B.
If upon a hearing of the Board of Examiners of all evidence offered it shall be decided
by the Board of Examiners that such holder of a license has willfully violated any of the
provisions of any such ordinance, or by continued violation has proven his
incompetency to comply with any of the provisions of any such ordinance, then the
Board of Examiners shall revoke the license of such holder. When a license has been
revoked, a new license shall not be granted to the same person, firm or corporation until
a period of at least 90 days has elapsed after such revocation.
§ 148-1113. Exemptions from chapter.
A.
The provisions of this chapter shall not apply to persons engaged in solely selling or
solely in the attachment of ordinary electrical appliances to existing circuits where no
joining or splicing of electrical conductors is required; nor to persons, firms or
corporations, copartnerships and associations regularly employing electricians for the
installation, maintenance, repair, altering and extension of the electric wires,
conductors, electrical machinery, apparatus, or appliances in their own property and/or
property occupied by them; nor to the installation, maintenance or repair of elevators;
nor to any work involved in the manufacture, test or repair of electrical machinery,
apparatus, materials and equipment or to its assembly, installation and wiring, when
such assembly, installation and wiring are done by a person, firm or corporation
engaged in electrical manufacturing as their principal business; nor to the work in
connection with the erection, construction, maintenance or repair of lines for the
transmission of electricity from the source of supply to the service connection of the
premises where used; nor to the public service companies or municipal plants
authorized to generate or sell electricity or to the work of such companies installing,
maintaining and repairing on the consumer's premises of service connections, meters
and other apparatus and appliances remaining the property of such companies after
installation or to emergency repairs of wiring and appliances on consumers' premises
necessary for the protection of life or property; nor to the work of companies
incorporated for the transmission of intelligence by electricity in installing, maintaining or
repairing wires, apparatus or fixtures or other appliances.
B.
Nothing herein contained, however, shall be construed so as to prohibit or prevent any
person from installing, altering or extending the electric wires, conductors, apparatus,
fixtures, machinery, appliances or appurtenances in his own property.
ORD. 71
§ 148-1214. Penalties for offenses.
A.
Any person who shall violate any provision of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be subject to a fine of not more than
$250 or to imprisonment for not more than 15 days or to both such fine and
imprisonment, and each day on which such violation continues shall constitute a
separate offense. In addition to the penalty imposed, the license of the person violating
the same may be revoked.
Section 2. This ordinance shall take effect immediately.
Approved as to form, July 31, 2019,
____________________________________
James A. Caruso, Esq., Corporation Counsel
TO: City Council and Mayor Patrick Madden
FROM: Mara Drogan, City Clerk
DATE: August 2, 2019
RE: Proposed Revision to City Code, Ch. 148. Electricians
Attached please find proposed revisions to Chapter 148 of the City Code. The Electrical License
Board (Doug Wilkie, Paul Heroux, and John Finelli) has reviewed and approved these revisions.
The most significant changes are:
1) §148-2. Officially reducing the size of the board from 7 members to 3. It has not had 7
members in many years.
2) §148-2. Raising the annual fee for board members and the administrator by $100 and $200
respectively. Fees were last changed in 1990.
3) §148-6. Raising fees for A licenses from $100 to $150 and B licenses from $200 to $300.
Fees were last changed in 1994 and 1996, respectively.
Provided the number of licenses issued remains consistent with the past 4 years, I have
projected increased revenue as follows:
2015-2017
Average
2018
Actual
2020
Projection
Electrical License
$22,175.00
$23,850.00
$34,950.00
Electrical "B" License
$6,600.00
$9,000.00
$12,000.00
Exam Fee*
$2,566.67
$1,500.00
$2,000.00
Late Fee**
$1250.00
TOTALS
$31,341.67
$34,350.00
$50,200.00
*We do not propose to raise exam fee but the number of applicants increased in 2019 due
to posting exam dates in City Hall and on social media.
**Late fees were not tracked separately in the past but were folded into Electrical License
category.
For comparison:
Municipality
Class A
Class B
Albany
$300
$400
Schenectady
$300
$300
Although the Class A license is still below that of neighboring cities, the Board felt that
increasing more than $50 at one time could have a negative impact on the number of
electricians choosing to renew their licenses. We recommend revising the fees on a more
regular basis.
4) §148-8 through 148-10. Adding B license process to Code.
5) The remaining changes better reflect current practice and reorganized the chapter to make it
more logical.
ORD. 72
ORDINANCE AMENDING THE TROY CITY CODE, CHAPTER 228, PLUMBERS
The City of Troy, convened in City Council, ordains as follows:
Section 1. Chapter 228 of the Troy City Code is amended as follows:
Chapter 228. Plumbing
[HISTORY: Adopted by the City Council of the City of Troy 7-6-1978 (Ch. 23 of the 1973
Code); amended 12-7-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 141.
Property maintenance — See Ch. 176.
§ 228-1. Definitions.
For the purposes of this chapter, the following definitions shall apply:
BOARD or BOARD OF EXAMINERS
The Examining Board of Plumbers provided for in this chapter.
MASTER PLUMBER
A person who holds a Class A license issued in accordance with the provisions
of this chapter.
PERSON
A natural person.
§ 228-72. Board of Examiners.
[Added 10-3-2013 by Ord. No. 63]
A.
There is hereby created a board to be known as the Examining Board of Plumbers
which shall consist of three members as follows:
(1)
Three master plumbers with at least 10 years' experience in the City of Troy, primarily
engaged in the plumbing field.and employing one or more journeyman plumbers.
B.
Each member shall be appointed by the Mayor to serve a term of three years, unless
sooner removed by the Mayor. Any appointed member may be removed by the Mayor
for malfeasance in office, incapacity, or neglect of duty.
C.
The administrator of the Board shall be the City Clerk.
D.
As of January 1, 2020, each member of the Board shall receive a fee of $600 per year
and the administrator shall receive a fee of $1,200 per year. Each member of the
Examining Board who is qualified to hold a Class A license shall be entitled to receive
such license and/or renewals thereof without paying a fee.
E.
ORD. 72
The Examining Board of Plumbers shall elect its own chair. A majority of the
membership of the Board shall constitute a quorum to transact the business of the
Board. The Board shall meet at the call of the Chair, who shall call a meeting whenever
they or a majority of the Board shall consider such meeting desirable for the proper and
efficient conduct of the business of the Board.
F.
The Examining Board of Plumbers as already constituted is authorized and empowered
to conduct the necessary examinations and to issue Class A licenses in conformity with,
and to carry into effect, the provisions of this chapter.
§ 228-13. Certificate of competency License required for plumbers.
A.
No person shall perform any plumbing or draining work in the City without having first
obtained from the Examining Board of Plumbers of the City a certificate of competency
unless such person is the holder of Class A license as provided for in this chapter, to
conduct such trade or calling or is working for a company that employs a plumber who
holds a Class A license as provided for in this chapter.
B.
Every company performing plumbing work in the City of Troy must employ a licensed
master plumber.
C.
Nothing herein contained shall be construed so as to prohibit or prevent any person
from installing, altering, or extending the plumbing, apparatus, fixtures, machinery,
appliances or appurtenances in his/her own property.
§ 228-2. Authority to issue certificates.
The Examining Board of Plumbers as already constituted is authorized and empowered
to conduct the necessary examinations and to issue, in a proper case, a certificate of
competency in conformity with, and to carry into effect, the provisions of this chapter.
§ 228-4. Application for Class A license.
A.
Any person desiring to procure a Class A license as provided for in this chapter shall
make application for such license to the City Clerk using the form provided and
submitting such documentation as shall be required by the Board.
B.
The City Clerk shall within 5 days after the receipt of an application for a Class A license
deliver such application to the Board of Examiners, who shall assess the application to
determine the fitness of the applicant to take the written examination.
C.
The Board shall examine applicants for licenses to determine the qualifications and
fitness of the applicants to receive Class A licenses to engage in business as master
plumbers. The nature of the examinations conducted under this chapter shall be
ORD. 72
determined by the Board. The Board and the administrator shall adopt such written
rules and regulations as they may deem necessary for such examinations.
D.
Applicants must earn a minimum grade of 75% to pass the exam. An applicant who has
failed in his first examination shall not be entitled to another examination until after 90
days from the date of such failure; an applicant who has failed twice or more shall not
be entitled to any additional examination until after six months from the date of the last
preceding failure.
§ 228-5. Issuance of Class A license.
A.
Upon notification by the Board of Examiners that the applicant has passed the
examination and that the applicant has met all the requirements of the Board to receive
a Class A license, the City Clerk shall issue the license to engage in the business as
provided for in § 228-3. All Class A licenses shall be numbered in the order in which
they are issued and each license shall state the class of license, the name and address
of the holder, and the expiration date of the license.
§ 228-36. Fees.
A.
At the time of examination, approved applicants shall pay a non-refundable exam fee of
$100.
Every application for a certificate of competency shall be accompanied by a fee of $5,
and any person passing such examination shall receive a certificate of competency
upon the payment of an additional fee of $50.
B.
Upon passing the exam, a Class A license shall be issued for a fee of $150 and shall
expire at the end of the calendar year in which it was issued.
All certificates of registration issued thereunder and all certificates of competency shall
expire on the 31st day of December of the year in which they shall have been issued
and may be renewed upon the payment of $100 for such certificate of registration and
$2 for such certificate of competency. A late filing fee of $250 will be applied to any
certificate of registration that is not renewed in the year in which such certificate was
issued.
[Amended 2-3-2011 by Ord. No. 4]
C.
For each subsequent renewal of a Class A license, a fee of $150 shall be paid.
Payment of the fee and charges above specified shall be made to the secretary of the
Examining Board of Plumbers and shall be by him/her paid over to the Treasurer of the
City not later than the fifth day of the month following the receipt of such fees and
charges.
D.
All fees shall be paid to the City Clerk and shall be subsequently paid by the City Clerk
to the Treasurer of the City.
ORD. 72
§ 228-4. Exception.
Nothing herein contained shall be construed to require a certificate of competency to be
held by a journeyman plumber employed by a person, firm or corporation possessing a
certificate of competency issued by the Examining Board of Plumbers of the City.
§ 228-7. Expiration and renewal of Class A license.
A.
Each Class A license shall expire at the end of the calendar year in which it was issued,
consistent with § 228-7 herein. Each Class A license shall be renewed, without further
examination, if the complete application for renewal and appropriate renewal fee are
received by the City Clerk on or before December 15 of each calendar year. A
completed renewal application shall include either proof of workers’
compensation/disability insurance (NYS Form C-105.2) or proof of exemption (NYS
Form CE-200).
B.
The City Clerk shall accept the filing of all late applications received after December 15,
provided the late application is received by the City Clerk within nine months of the filing
deadline. The applicant must pay the annual filing fee plus a late filing fee of $250 upon
submission of the late renewal application. Upon receipt of the late renewal application
and all fees, the City Clerk shall issue the renewal license.
C.
Renewal applications received after nine months of the filing deadline shall be required
to retake the licensing examination.
§ 228-8. License not transferable.
A.
No license granted under this chapter shall be transferable, and no license shall be
used for the interests of any unlicensed plumber, except as provided for in §228-3.
§ 228-9. Revocation of license.
A.
Upon presentation to the Board of Examiners of charges that the holder of any license
has willfully violated any of the provisions of any ordinances of the City or is
incompetent to comply with such provisions, the Board of Examiners shall fix a time and
place for a meeting to consider such charges and shall notify the holder of the license to
be present at such meeting. Such notification shall be in writing and shall be delivered
to the holder at least five days in advance of the meeting.
B.
If upon a hearing of the Board of Examiners of all evidence offered it shall be decided
by the Board of Examiners that such holder of a license has willfully violated any of the
provisions of any such ordinance, or by continued violation has proven his
incompetency to comply with any of the provisions of any such ordinance, then the
Board of Examiners shall revoke the license of such holder. When a license has been
ORD. 72
revoked, a new license shall not be granted to the same person, until a period of at least
90 days has elapsed after such revocation.
§ 228-510. Penalties for offenses.
A.
Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor.
§ 228-6. Not applicable to property owner.
Nothing herein contained shall be construed so as to prohibit or prevent any person
from installing, altering, or extending the plumbing, apparatus, fixtures, machinery,
appliances or appurtenances in his/her own property.
§ 228-7. Board of Examiners.
[Added 10-3-2013 by Ord. No. 63]
A.
There is hereby created a board to be known as the Examining Board of Plumbers
which shall consist of three members as follows:
(1)
Three master plumbers with 10 years' experience in the City and employing one or
more journeyman plumbers.
B.
The present existing Examining Board of Plumbers and all members thereof is hereby
terminated and such present members shall continue only until the appointment of new
members by the Mayor as prescribed by this chapter. With the expiration of the term for
which each member shall have been appointed, the Mayor shall fill the vacancy by
appointment of a person with the same qualifications as the member of office who is
terminated for a term of three years, unless sooner removed by the Mayor. Any
appointed member may be removed by the Mayor for malfeasance in office, incapacity
or neglect of duty. Each member of the Examining Board shall receive a fee of $500 a
year and the Secretary shall receive a fee of $1,000 a year. Each member of the
Examining Board who is qualified to hold a Class A license shall be entitled to receive
such license and/or renewals thereof without paying a fee.
C.
The Examining Board of Plumbers shall elect its own chair. The secretary shall be the
City Clerk or the designee of the City Clerk. A majority of the membership of the Board
shall constitute a quorum to transact the business of the Board. The Board shall meet at
least quarterly on the 15th day of January, the 15th day of April, the 15th day of July,
and the 15th day of October, and shall hold special meetings at the call of the Chair,
who shall call a special meeting whenever he/she or a majority of the Board shall
consider such meeting desirable for the proper and efficient conduct of the business of
the Board. The Board shall examine applicants for licenses to determine the
qualifications and fitness of the applicants to receive licenses to engage in business as
master plumbers. The nature of the examinations conducted under this chapter shall be
ORD. 72
determined by the Board, and the Board shall adopt such rules and regulations as it
may deem necessary for such examinations. An applicant who has failed in his first
examination shall not be entitled to another examination until after 90 days from the
date of such failure; an applicant who has failed twice or more shall not be entitled to
any additional examination until after six months from the date of the last preceding
failure. Final action on any application shall be taken by the Examining Board of
Plumbers within three months after the receipt of the application by the City Clerk.
Section 2. This ordinance shall take effect immediately.
Approved as to form, August 1, 2019,
____________________________________
James A. Caruso, Esq., Corporation Counsel
ORD72
TO: City Council and Mayor Patrick Madden
FROM: Mara Drogan, City Clerk
DATE: August 2, 2019
RE: Proposed Revision to City Code, Ch. 228. Plumbing
Attached please find proposed revisions to Chapter 228 of the City Code. The Plumbers Board
(Matt McElligott, Gary Mulligan, and Tim Strife) has reviewed and approved these revisions.
The most significant changes are:
1) The process for issuing and renewing A licenses was added.
2) §228-2. Raising the annual fee for board members and the administrator by $100 and
$200 respectively. Fees were last changed in 1993.
3) §228-6. Raising fee for A licenses from $102 to $150. Fee was last changed in 1995.
Provided the number of licenses issued remains consistent with the past 4 years, I have
projected increased revenue as follows:
2018
Actual
2020
Projection
Exam Fee
$10.00
$300.00
Late Fee*
$250.00
Plumber's License
$4,792.00
$7,650.00
Totals
$4,802.00
$8,200.00
*Late fees were not tracked separately in the past but were folded into Plumber’s
License category.
For comparison:
Municipality
Class
A
Albany
$300
Schenectady
$200
Although the Class A license is still below that of neighboring cities, increasing more
than $50 at one time could have a negative impact on the number of plumbers choosing
to renew their licenses. We recommend revising the fees on a more regular basis.
4) The remaining changes better reflect current practice and reorganized the chapter to
make it more logical.
ORD73
THE PLASTIC FREE HUDSON RIVER ORDINANCE
TO AMEND THE TROY CITY CODE, CHAPTER §189
The City of Troy, in City Council, convened, ordains as follows:
Section 189 of the Code of the City of Troy is hereby amended to provide and read:
§189-0 Legislative Intent
Polystyrene products, plastic straws, and plastic bags have caused and continue to cause
significant environmental harm and have burdened local governments with significant
environmental cleanup costs as well as waste costs.
Plastics and other materials synthesized from petroleum and natural gas do not biodegrade. Even
with the emergence of bioplastics, which are derived from renewable biomass sources, such as
plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine
environment.
The purpose of this Ordinance is to eliminate the use of polystyrene foam food serviceware, to
reduce the use of plastic straws, and to support New York State’s ban on plastic bags, while
working to decrease the overall waste stream by opting in to the five-cent fee on paper bags
provided for under section 27-2805 of the state environmental conservation law.
§189-1 Definitions
A. COVERED STORE shall mean an establishment engaged in the retail sale of personal,
consumer, household items including but not limited to: drug stores, pharmacies, grocery
stores, supermarkets, convenience stores, foodmarts, gas stations, hardware and home
improvement stores, stationary and office supply stores and food service establishments
that provide carryout bags to consumers. Covered stores also include all apparel,
clothing and shoe stores, including those in malls;
B. CUSTOMER shall mean any person obtaining goods from a covered store;
C. RETAIL SALES shall mean the transfer to a customer of goods in exchange for
payment occurring in retail stores, sidewalk sale, farmers’ markets, flea markets and
restaurants. The termretail sales” does not include sales of goods at yard sales, tag
sales, or other sales by residents at their homes;
D. FOOD SERVICE ESTABLISHMENT shall mean a place where prepared food is
provided for individual portion service directly to a customer whether consumption
occurs on or off the premises;
E. SINGLE USE FOOD SERVICE WARE all bowls, plates, cartons, cups, and other
containers, trays, or items intended for single use or in which any food service
establishment places and/or packages food or provides to customers to do so, or any of
which is to be used by customers to consume food. This includes, but is not limited to,
service ware used for takeout or leftovers from partially consumed meals prepared for
consumption at a specific location;
ORD73
F. POLYSTYRENE FOAM shall mean any blown polystyrene, expanded, or extruded
foams (commonly referred to as Styrofoam) which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by a number of techniques including
but not limited to: fusion of polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion blow molding (extruded from polystyrene). It shall
also include clear or solid polystyrene, known as “oriented polystyrene”;
G. PAPER CARRYOUT BAG shall mean a paper bag, other than an exempt bag, that is
provided to a customer by a person required to collect tax to be used by the customer to
carry tangible personal property, regardless of whether such person required to collect tax
sells any tangible personal property or service to the customer, and regardless of whether
any tangible personal property or service sold is exempt from tax under article 28 of the
tax law.
H. RECYCLABLE PAPER BAG shall mean a paper bag that (1) contains no old growth
fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of
fifty percent (50%) post-consumer recycled content;
I. PERSON REQUIRED TO COLLECT TAX shall mean any vendor of tangible
personal property subject to the tax imposed by subdivision (a) of section 1105 of the tax
law.
J. SINGLE-USE PLASTIC STRAW, a single-use, disposable tube made predominantly
of plastic derived from either petroleum or biologically based polymer, such as corn or
other plant sources, used to transfer a beverage from a container to the mouth of the
person drinking the beverage. “Single-use plastic straw” shall not include a straw made
from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood,
or bamboo, or a straw expressly marketed as and intended for reuse;
§189-2 Polystyrene Foam Single-use Service Ware.
A. Food service establishments including franchises are prohibited from using single-use
food service ware made of polystyrene foam.
B. Food service establishments with two or less locations may apply with the City of Troy
for a one-year non-renewable exemption to the prohibition on using single-use food
service ware made of polystyrene foam.
C. The retail sales of single-use food service ware made of polystyrene foam by covered
stores including franchises is prohibited.
D. Covered stores with two or less locations may apply with the City of Troy for a one-year
non-renewable exemption to the prohibition of the retail sales of single-use food service
ware made of polystyrene foam.
E. Food service establishments and covered stores may use or sell their existing inventory of
polystyrene foam single-use service ware until the effective date of this act or one year
thereafter for those who have received a waiver.
F. The City of Troy will provide those food establishments and covered stores that receive a
one-year nonrenewable waiver with signage disclosing that waiver, which must be
displayed in a public location.
§189-3 Plastic Straws.
A. Food Service Establishments shall only provide plastic straws upon request to customers.
ORD73
B. The City of Troy shall issue guidance and educational materials to Food Service
Establishments on signage with respect to communicating to customers that they can ask
for plastic straws where such establishments provide them upon request.
§189-4 Paper carryout bag reduction fee.
A. On and after March 1, 2020, there shall be a paper carryout bag reduction fee of five
cents imposed on each paper carryout bag provided by any person required to collect tax
from a customer.
B. Any sales slip, invoice, receipt or other statement of price furnished by a person required
to collect tax to a customer shall separately state and make payable the paper carryout
bag reduction fee and shall state the number of paper carryout bags provided to the
customer.
C. Pursuant to paragraph (c) of subdivision 1 of section 27-2805 of the environmental
conservation law, the transfer of a paper carryout bag to a customer by a person required
to collect tax shall not constitute a retail sale and the fee imposed on paper carryout bags
pursuant to this section shall not constitute a receipt for the sale of tangible personal
property.
D. Pursuant to subdivision 4 of section 27-2805 of the environmental conservation law, the
paper carryout bag reduction fee shall be reported and paid by a person required to collect
tax to the New York state commissioner of taxation and finance, accompanied by a return
in the form and containing the information prescribed by such commissioner, on a
quarterly basis on or before the twentieth day of the month following each quarterly
period ending on the last day of February, May, August and November, respectively.
E. Exemptions.
a. Pursuant to subdivision 3 of section 27-2805 of the environmental conservation
law, the paper carryout bag reduction fee imposed pursuant to section 189-3 shall
not apply to any customer using the supplemental nutrition assistance program,
special supplemental nutrition program for women, infants and children, or any
successor programs used as full or partial payment for the items purchased.
b. Pursuant to subparagraph (1) of paragraph (b) of subdivision 6 of section 27-2805
of the environmental conservation law, the exemptions provided for in section
1116 of the tax law, other than the exemptions in paragraphs (1), (2) and (3) of
subdivision (a) of such section, shall not apply to the paper carryout bag reduction
fee imposed pursuant to this section.
F. A person required to collect a tax shall only provide a recyclable paper bag in the transfer
of a paper carryout bag.
§189
-5 Penalties. Any Food Service Establishment or Covered Store found to be in violation of
the provisions of this Chapter, with the exemption of §189-3 for which the penalties are outlined
under section 27-2807 of the state environmental conservation law and are enforced by the New
York State Department of Agriculture and Markets and Attorney General, shall be liable for a
civil penalty. Such a penalty will be imposed upon the findings of an investigation by the City of
Troy following notice of a potential violation. Such a penalty will be payable to the City of Troy
pursuant to the following penalty structure:
A. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a first time shall be issued a written warning.
ORD73
B. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a second time shall be liable for a civil penalty not to exceed
$100.00.
C. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a third time shall be liable for a civil penalty not to exceed $250.00.
D. Any Covered Store or Food Service Establishment found to be in violation of the
provisions of this law a fourth time shall be liable for a civil penalty not to exceed
$500.00.
E. For each subsequent violation, daily fines of $100.00 shall be instituted and applied for
violations of this Ordinance until compliance is achieved.
F. All fines collected for violations of the Ordinance shall be used to offset any costs of
compliance and oversight of adherence to this Ordinance or to address the costs to the
City associated with waste removal and recycling.
§189-6 Reverse Preemption. This Chapter shall be null and void on the day that a county or
statewide law is in effect, incorporating either the same or substantially similar provisions as are
contained in this Ordinance or in the event that a relevant county, state or federal administrative
agency issues and promulgates regulations preempting such action by the City of Troy. The Troy
City Council shall determine by resolution whether or not the identical or substantially similar
county or statewide law or relevant pre-emptive county, state or federal regulations have been
enacted for the purposes of triggering the provisions of this section.
§189-7 Within five days of the enactment of this Ordinance, the General Services Commissioner
shall mail a certified copy of this Ordinance by registered or certified mail to the New York State
Commissioner of Taxation and Finance and file a certified copy of this Ordinance with the New
York State Tax Commission, the City Clerk, the Secretary of State and the New York State
Comptroller pursuant to subdivisions (d) and (e) of section 1210 of the tax law.
§189-8 This Ordinance takes effect on March 1, 2020, except that the City of Troy and its
employees may take such measures as are necessary for its implementation prior to such
effective date.
Approved as to form August 7, 2019
_________________________________________
JAMES A. CARUSO, ESQ. Corporation Counsel
Sponsor’s Memo: Plastic Free Hudson River Act
David Bissember, Troy City Council, District 5
Legislative Intent:
Polystyrene products, plastic straws, and plastic bags have caused and continue to cause significant
environmental harm and have burdened local governments with significant environmental cleanup costs
as well as waste costs.
Plastics and other materials synthesized from petroleum and natural gas do not biodegrade. Even with the
emergence of bioplastics, which are derived from renewable biomass sources, such as plants and
microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.
The purpose of this local law is to eliminate the use of polystyrene foam food serviceware, to reduce the
use of plastic straws, and to support New York State’s ban on plastic bags, while working to decrease the
overall waste stream by opting in to the five-cent fee on paper bags provided for under section 27-2805 of
the state environmental conservation law.
Description:
The specific provisions of the Plastic Free Hudson River Act include:
Polystyrene Foam Single-Use Serviceware Ban:
- Prohibits the sale of single-use polystyrene foam food service ware and its use by food service
establishments and covered stores.
- This provision does not preclude the sale or use of recyclable plastic or paper food service ware
which are comparable in price.
- The bill also allows for food service establishments and covered stores with two or less locations
to apply with the City of Troy for a one-year non-renewable exemption to this provision.
- The City of Troy will provide those food establishments and covered stores that receive a one-
year nonrenewable waiver with signage disclosing that waiver.
Plastic Straws Upon Request Only:
- Requires that plastic straws at food service establishments to be “upon request” by customers and
establishes that the City of Troy will provide guidance on signage for stores to let customers
know they may ask for straws.
- Language was developed in concert with and agreed on by members of the Independent Living
Center that use straws as assistive devices, per the recommendation of the Disability Rights
Advocates.
- There would be no additional costs to establishments, and this provision may result in some
savings as establishment may use less straws. Once more, it does not require establishments to
use any alternative straw materials or replace their plastic straws should they have them.
- In addition, the New York State Department of Environmental Conservation provides grants
(with a 50% reimbursement rate) under the Municipal Waste Reduction and Recycling program
that includes costs related to publications, education and outreach tools, advertising, and
promotional items.
Paper Bag Carryout Fee
- This provision opts in to a 5-cent fee on paper bags under the New York State law which bans
carry-out plastic bags beginning in March of 2020.
- Paper bags also have an environmental impact and this fee is meant to discourage simply shifting
from plastic to paper bags and to move towards the further use of reusable bags.
- Further requires that stores provide recyclable paper bags which have less environmental impact
and cost to municipalities.
- Per the underlying state law, sixty percent of the fee goes back into New York State’s
Environmental Protection Fund for related programs, and forty percent stays with the City of
Troy for the specific purpose of providing reusable bags to the community.
- Residents who rely on food assistance programs like WIC and SNAP will be exempt from the
fee.
Res. 50
RESOLUTION DETERMINING THAT PROPOSED TYPE I ACTION SHALL HAVE
NO SIGNIFICANT ADVERSE IMPACTS ON THE ENVIRONMENT
WHEREAS, the City Council of the City of Troy, New York (the City) is considering
undertaking the lease of the Scolite Parcel located on Madison Street, East of the Hudson River
and South of the Poestenkill; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (the
“SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the
“Regulations”), the City desires to comply with the SEQR Act and the Regulations with respect
to the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY
COUNCIL OF THE CITY OF TROY, NEW YORK AS FOLLOWS:
1. The lease constitutes an “Unlisted Action” under 6 NYCRR § 617
2. A Long Environmental Assessment form has been completed and reviewed and it
is the determination of the City Council that the action will have no significant adverse impacts
on the environment.
The foregoing Resolution was thereupon declared duly adopted.
Approved as to form, August 1, 2019.
___________________________________
James A. Caruso, Corporation Counsel
Page 1 of 10
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
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
Part I
Question(s)
No
, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed act
ion may involve construction on land where depth to water table is
less than 3 feet.
E2d
9
9
b. The propose
d action may involve construction on slopes of 15% or greater.
E2f
9
9
c. The proposed act
ion may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a
9
9
d. The propose
d action may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a
9
9
e. The proposed act
ion may involve construction that continues for more than one year
or in multiple phases.
D1e
9
9
f. The proposed action may result in in
creased erosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q
9
9
g. The proposed action is, or
may be, located within a Coastal Erosion hazard area.
B1i
9
9
h. Other imp
acts: _______________________________________________________
___________________________________________________________________
9
9
Agency Use Only [If applicable]
Project :
Date :
FEAF 2019
Page 2 of 10
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Identif
y the specific land form(s) attached: ________________________________
___________________________________________________________________
E2g
9 9
b. The p
roposed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c
9
9
c. Oth
er 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may create a new water body.
D2b, D1h
9
9
b. Th
e proposed action may result in an increase or decrease of over 10% or more than a
10 acre increase or decrease in the surface area of any body of water.
D2b
9
9
c. The p
roposed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a
9
9
d. Th
e proposed action may involve construction within or adjoining a freshwater or
tidal wetland, or in the bed or banks of any other water body.
E2h
9
9
e. The
proposed action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h
9
9
f. The pr
oposed action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c
9
9
g. The p
roposed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d
9
9
h. The p
roposed action may cause soil erosion, or otherwise create a source of
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
D2e
9
9
i. The proposed
action may affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h
9
9
j. Th
e proposed action may involve the application of pesticides or herbicides in or
around any water body.
D2q, E2h
9
9
k. The proposed action may require the construction of new, or expansion of existing,
wastewater treatment facilities.
D1a, D2d
9
9
Page 3 of 10
l. Other imp
acts: _______________________________________________________
___________________________________________________________________
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The propose
d action may require new water supply wells, or create additional demand
on supplies from existing water supply wells.
D2c
9
9
b. Water supply demand from the propose
d action may exceed safe and sustainable
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
D2c
9
9
c. The proposed action may allow or result in residential uses in areas without water and
sewer services.
D1a, D2c
9
9
d. The proposed
action may include or require wastewater discharged to groundwater.
D2d, E2l
9 9
e. The prop
osed action may result in the construction of water supply wells in locations
where groundwater is, or is suspected to be, contaminated.
D2c, E1f,
E1g, E1h
9
9
f. The pro
posed action may require the bulk storage of petroleum or chemical products
over ground water or an aquifer.
D2p, E2l
9
9
g. The proposed
action may involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
9
9
h. Other imp
acts: ______________________________________________________
__________________________________________________________________
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The propose
d 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 prop
osed action may result in development within a 500 year floodplain.
E2k
9
9
d. The prop
osed action may result in, or require, modification of existing drainage
patterns.
D2b, D2e
9
9
e. The propose
d action may change flood water flows that contribute to flooding.
D2b, E2i,
E2j, E2k
9
9
f.
If there is a dam located on the site of the proposed action, is the dam in need of repair,
or upgrade?
E1e
9
9
Page 4 of 10
g. Other impacts: ______________________________________________________
___________________________________________________________________
9
9
6. Impacts on Air
NO YES The proposed action may include a state regulated air emission source.
(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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. If the proposed action requires federal or state air emission perm
its, 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 (CO
2
)
ii. More than 3.5 tons/year of nitrous oxide (N
2
O)
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
iv. More than .045 tons/year of sulfur hexafluoride (SF
6
)
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2g
D2g
D2g
D2g
D2g
D2h
9
9
9
9
9
9
9
9
9
9
9
9
b. The proposed action ma
y generate 10 tons/year or more of any one designated
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
D2g
9
9
c. The proposed action may require a state air registration, or may produce an emissions
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.
D2f, D2g
9
9
d.
The proposed action may reach 50% of any of the thresholds in “a” through “c”,
above.
D2g
9
9
e. The proposed acti
on may result in the combustion or thermal treatment of more than 1
ton of refuse per hour.
D2s
9
9
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
Part I
Question(s)
No, or
sma
ll
impact
may occur
Moderate
to large
impact may
occur
a. The proposed act
ion may cause reduction in population or loss of individuals of any
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.
E2o
9
9
b. The proposed acti
on may result in a reduction or degradation of any habitat used by
any rare, threatened or endangered species, as listed by New York State or the federal
government.
E2o
9
9
c. The proposed acti
on may cause reduction in population, or loss of individuals, of any
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.
E2p
9
9
d. The proposed acti
on may result in a reduction or degradation of any habitat used by
any species of special concern and conservation need, as listed by New York State or
the Federal government.
E2p
9
9
Page 5 of 10
e. The
proposed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c
9
9
f. The
proposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source: ____________________________________________________________
E2n
9
9
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
over-wintering habitat for the predominant species that occupy or use the project site.
E2m
9
9
h. Th
e proposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
E1b
9
9
i. Pro
posed action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
9
9
j. O
ther 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.
Relevan
t
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
NYS Land Classification System.
E2c, E3b
9 9
b. The propose
d action may sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb
9
9
c. The
proposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b
9
9
d. The p
roposed action may irreversibly convert agricultural land to non-agricultural
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
E1b, E3a
9
9
e. The p
roposed action may disrupt or prevent installation of an agricultural land
management system.
El a, E1b
9
9
f. The propo
sed action may result, directly or indirectly, in increased development
potential or pressure on farmland.
C2c, C3,
D2c, D2d
9
9
g. The p
roposed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c
9
9
h. O
ther impacts: ________________________________________________________
9
9
Page 6 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Prop
osed action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource.
E3h
9
9
b. The propo
sed action may result in the obstruction, elimination or significant
screening of one or more officially designated scenic views.
E3h, C2b
9
9
c. The propose
d action may be visible from publicly accessible vantage points:
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
ii. Year round
E3h
9
9
9
9
d. The sit
uation or activity in which viewers are engaged while viewing the proposed
action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
E3h
E2q,
E1c
9
9
9
9
e. The pr
oposed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h
9
9
f. There ar
e similar projects visible within the following distance of the proposed
project:
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
D1a, E1a,
D1f, D1g
9
9
g. Oth
er 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
E3e
9
9
b. The pro
posed action may occur wholly or partially within, or substantially contiguous
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
E3f
9
9
c. The pr
oposed action may occur wholly or partially within, or substantially contiguous
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
E3g
9
9
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
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.
Page 7 of 10
d. Other im
pacts: ______________________________________________________
__________________________________________________________________
9
9
e.
If any of the above (a-d) are answeredModerate to large impact may
occur”, continue with
the following questions to
hel
p support conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part
of the site or property.
ii. The proposed action may result in the alteration of the property’s setting or
integrity.
iii. The proposed action may result in the introduction of visual elements which
are out of character with the site or property, or may alter its setting.
E3e, E3g,
E3f
E3e, E3f,
E3g, E1a,
E1b
E3e, E3f,
E3g, E3h,
C2, C
3
9
9
9
9
9
9
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed
action may result in an impairment of natural functions, or “ecosystem
services”, provided by an undeveloped area, including but not limited to stormwater
storage, nutrient cycling, wildlife habitat.
D2e, E1b
E2h,
E2m, E2o,
E2n, E2p
9
9
b. The proposed action m
ay result in the loss of a current or future recreational resource.
C2a, E1c,
C2c, E2q
9
9
c. The proposed action ma
y eliminate open space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
9
9
d. The proposed action m
ay result in loss of an area now used informally by the
community as an open space resource.
C2c, E1c
9
9
e. Other imp
acts: _____________________________________________________
_________________________________________________________________
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The propo
sed action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
b. The proposed action m
ay result in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
c. Other impa
cts: ______________________________________________________
__________________________________________________________________
9
9
Page 8 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Projected traffic increase may exceed capacity of existing road network.
D2j
9
9
b. The prop
osed action may result in the construction of paved parking area for 500 or
more vehicles.
D2j
9
9
c. The proposed action will degrad
e existing transit access.
D2j
9
9
d. The proposed action will degrad
e 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
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
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
D1f,
D1q, D2k
9 9
c. The prop
osed 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
feet of building area when completed.
D1g
9
9
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may produce sound above noise levels established by local
regulation.
D2m
9
9
b. The proposed action
may result in blasting within 1,500 feet of any residence,
hospital, school, licensed day care center, or nursing home.
D2m, E1d
9
9
c. The proposed action may result in routine odors for more than one hour per day. D2o
9
9
Page 9 of 10
d. The proposed
action may result in light shining onto adjoining properties.
D2n
9
9
e. The pro
posed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a
9
9
f. Othe
r 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
Part I
Question(s)
No,or
small
impact
may cccur
Moderate
to large
impact may
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
E1d
9 9
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
remediation on, or adjacent to, the site of the proposed action.
E1g, E1h
9
9
d.
The site of the action is subject to an institutional control limiting the use of the
property (e.g., easement or
deed restriction).
E1g, E1h
9
9
e. The proposed action may affect institutional cont
rol measures that were put in place
to ensure that the site remains protective of the environment and human health.
E1g, E1h
9
9
f. The proposed action
has adequate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
D2t
9
9
g. The pro
posed action involves construction or modification of a solid waste
management facility.
D2q, E1f
9
9
h. The proposed action ma
y result in the unearthing of solid or hazardous waste.
D2q, E1f
9
9
i. The proposed action m
ay result in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s
9
9
j. The pro
posed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
E1f, E1g
E1h
9
9
k. The proposed
action may result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g
9
9
l. The proposed action m
ay result in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
9
9
m. Other im
pacts: ______________________________________________________
__________________________________________________________________
Page 10 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action’s land use components may be different from, or in sharp
contrast to, current surrounding land use pattern(s).
C2, C3, D1a
E1a, E1b
9
9
b. The proposed action will cause the permanent population of the city, town or village
in which the project is located to grow by more than 5%.
C2
9
9
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
plans.
C2, C2
9
9
e. The proposed action may cause a change in the density of development that is not
supported by existing infrastructure or is distant from existing infrastructure.
C3, D1c,
D1d, D1f,
D1d, Elb
9
9
f. The proposed action is located in an area characterized by low density development
that will require new or expanded public infrastructure.
C4, D2c, D2d
D2j
9
9
g. The proposed action may induce secondary development impacts (e.g., residential or
commercial development not included in the proposed action)
C2a
9 9
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
of historic importance to the community.
E3e, E3f, E3g
9
9
b. The proposed action may create a demand for additional community services (e.g.
schools, police and fire)
C4
9
9
c. The proposed action may displace affordable or low-income housing in an area where
there is a shortage of such housing.
C2, C3, D1f
D1g, E1a
9
9
d. The proposed action may interfere with the use or enjoyment of officially recognized
or designated public resources.
C2, E3
9
9
e. The proposed action is inconsistent with the predominant architectural scale and
character.
C2, C3
9
9
f. Proposed action is inconsistent with the character of the existing natural landscape.
C2, C3
E1a, E1b
E2g, E2h
9
9
g. Other impacts: ______________________________________________________
__________________________________________________________________
9
9
PRINT FULL FORM
RES. 56
RESOLUTION DETERMINING THAT PROPOSED UNLISTED ACTION SHALL
HAVE NO SIGNIFICANT ADVERSE IMPACTS ON THE ENVIRONMENT
WHEREAS, the City Council of the City of Troy, New York (the City) is considering
undertaking the lease of the Scolite Parcel located on Madison Street, East of the Hudson River
and South of the Poestenkill; and
WHEREAS, pursuant to the New York State Environmental Quality Review Act (the
“SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental
Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the
“Regulations”), the City desires to comply with the SEQR Act and the Regulations with respect
to the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY
COUNCIL OF THE CITY OF TROY, NEW YORK AS FOLLOWS:
1. The lease constitutes an “Unlisted Action” under 6 NYCRR § 617
2. A Long Environmental Assessment form has been completed and reviewed and it
is the determination of the City Council that the action will have no significant adverse impacts
on the environment.
The foregoing Resolution was thereupon declared duly adopted.
Approved as to form, August 1, 2019.
___________________________________
James A. Caruso, Esq., Corporation Counsel
RES56
Memo in Support Scolite Commercial Real Estate Short Term Lease
On April 5, 2019 the City of Troy issued an RFP for a Commercial Real Estate Short Term Lease for the
parcel known as the “Scolite” site. The intent of this transaction was to provide a temporary use to the
site while the future planning of the waterfront continues which includes the Industrial Park Roadway
and redevelopment north and south of the canal. There were two responses to the RFP. One from Tri-
City Shipping, LLC and another that expressed interest in purchasing the site in the future if it became
available.
This site was remediated through a grant program with NYSDEC and the building demolished through
funding provided by National Grid. As part of the conditions of the NYS DEC grant funding, any financial
benefit derived from the site must be used to offset the cost of the funding provided by NYSDEC for the
remediation. The temporary 4-5 year lease of this site will help offset future costs to the city upon
decision to sell or lease the land in the future.
The principals of Tri-City Shipping, LLC are current business and land owners in the City of Troy. The
work that will be done at this facility is already occurring just north of the canal. The benefit of this
project is the ability to relocate this activity to the south within an existing Industrial/manufacturing
zone and provide future opportunity for the parcels north of the canal to be considered for
redevelopment. This lease also outlines a specific truck traffic route for commercial traffic coming into
the city and traffic leaving the site. The lease also takes into consideration the future Industrial Park
Road construction and setbacks associated with that work. In addition, improvements to Madison Street
from 1
st
to the Madison Fishing Pier will be made to facilitate better pedestrian and bicycle access.
Tri-City Shipping, LLC will be required to submit their project to the Planning Commission and the Zoning
Board which will allow for public comments on their plans. This lease agreement is contingent upon
their receipt of all required governmental approvals including NYS DEC and City of Troy. The site is
regulated through a Site Management Plan issued as a result of the remediation that has taken place.
1
LEASE AGREEMENT
LEASE AGREEMENT made this ___ day of July, 2019, between The City of Troy, located at 433
River Street, Troy, New York 12180, hereinafter referred to as the "Lessor", and Tri-City Shipping, LLC,
and/or assigns, with a principal place of business located at 1 Madison Street Suite 300, Troy, New York
12180, hereinafter referred to as the "Lessee".
W I T N E S S E T H:
ARTICLE 1
LEASED PREMISES
1.1 Description of Leased Premises. Lessor hereby leases to the Lessee and the Lessee hereby
takes and leases from the Lessor the following property, hereinafter referred to as the "Leased Premises": the
Former Scolite Site, 2 Madison Street, Troy, New York. See the Site Location Map of the Former Scolite
Site produced by NMB Land Surveying, PLLC, attached hereto and made a part hereof as Exhibit “A”.
1.2. A metes and bounds description of the subject Leased Premises is contained in Schedule A,
attached to and made a part of, the Environmental Easement, dated June 12
th
, 2018, and filed in the Office
of the Rensselaer County Clerk on June 20, 2018, as set forth in Exhibit “B”, attached hereto and made a
part hereof. This Lease and the Leased Premises are subject to that Environmental Easement.
1.3 The boundaries of the subject Leased Premises, as indicated in the Post-Remedial Survey
produced by NMB Land Surveying, PLLC, dated April 2, 2018, cannot be completely relied upon as set-
backs are required on the northern border of the property (adjacent to the Poestenkill), as determined by the
requirements for the operation of the site by the New York State Department of Environmental
Conservation, hereinafter referred to as “NYSDEC”, and, on the eastern border, a set-back of at least 60 feet
is required for the construction of the South Troy Industrial Park Road.
1.4 This Lease Agreement specifically incorporates the terms of the Site Management Plan
(Scolite Site), dated January, 2019, a copy of which is attached hereto and made a part hereof as Exhibit “C.
Those terms must be adhered to by the Lessee.
ARTICLE 2
TERM OF LEASE
2.1 Commencement of Term. The effective date of this Lease and the date the Tenant shall be
obligated to commence payment of rent, hereinafter referred to as the "COMMENCEMENT DATE", shall
2
be effective upon Lessee and Lessor obtaining any and all government approvals required to permit Lessee’s
use as set forth in Paragraph 5.1 below. After the commencement of the Lease, both parties agree that if any
additional government approvals should be required, both parties shall use reasonable effort to acquire said
approvals. During said time period, the rights and obligations of the Lessor and Lessee shall temporarily be
suspended and the time tolled and added to the term of the Lease.
2.2 Initial Term of Lease. The initial term of this Lease shall be four (4) years from the
commencement date as described above.
2.3 Option to Extend Lease. The initial term of the Lease may be extended by mutual assent of
the parties hereto for one (1) additional year. Such option to extend shall be exercised by the Lessee giving
written notice to the Lessor not less than three (3) months prior to the expiration of the Initial Term.
ARTICLE 3
FIXED RENT
3.1 Fixed Rent During Initial Term. The fixed minimum annual rent payable by Tenant during
the initial term of this Lease shall be Seventy-Two Thousand and 00/100 ($72,000.00) dollars, payable in
two (2) equal payments per year of Thirty-Six Thousand and 00/100 ($36,000.00) dollars, paid six (6)
months in advance, at the office of the Lessor or at such other place designated by Lessor for the term of four
(4) years and any extension thereof.
3.2 Payment of Fixed Rent.
a. All monies payable to the Lessor shall be paid by the Lessee in lawful monies of the
United States of America, which shall be legal tender in payment of all debts and dues, public or private, at
the time of payment.
b. If Lessee shall fail to pay, within ten (10) days of when the same is due and payable,
such unpaid amounts shall bear interest from the due date thereof to the date of payment, at the prime
interest rate of the Bank of America or its successors, as of such due date, plus two (2%) percent.
ARTICLE 4
RENT TO BE GROSS TO LESSOR
4. Rent To Be Gross. The rent payable hereunder shall be gross to the Lessor during the term
of this Lease and any extended term, as provided herein, and it is the intention of the parties that all utilities,
whatsoever with respect to the Leased Premises shall be paid by the Lessee except real property taxes, if any,
which shall be paid by Lessor.
3
ARTICLE 5
USE
5.1 Use of Premises. The Lessee may occupy and use the Leased Premises for the purpose of
conducting a multi-modal aggregate transshipping facility subject to receiving any necessary State and
Federal permits, as well as the following city approvals at Lessee’s expense:
(a) A Use Variance from the Troy Zoning Board of Appeals to operate an aggregate transshipping
facility, and any Area Variances which may be necessary based upon the submitted site plan. The City of
Troy will act as a co-applicant on the Use Variance request.
(b) Planning Commission Site Plan Review, to include installation of sstriping on the existing asphalt
Right-of-Way for the use as a bike path with regular restriping as necessary and the installation of a bicycle
rack at the Madison Street Pier at Lessee’s expense.
(c) Obtaining of a permit to perform such work from the Building Department and a Certificate of
Occupancy upon completion.
5.2 Lessee shall occupy the Leased Premises on the Commencement Date and shall conduct continuously
in the Leased Premises the business stated above.
5.3 Express Contingencies.
(a) Authorizing Legislation. The undertaking of the Lease by the Lessor shall be and is subject to
the adoption of the Authorizing Legislation and a Closing Date, as defined herein, and shall not occur until
on or after the effective date thereof. The Lessor represents that upon its obtaining any and all authorizing
legislation, that it has the authority and power to enter into this Lease.
(b) Ludlow Parcel. The parties hereto acknowledge and agree that there exists a certain
landlocked parcel of real property located within the northwest corner of the Property (the “Ludlow
Parcel”, being more particularly identified as that certain parcel excepted within a Deed to Scolite
International Corp. recorded in Book 1301 of Deeds at Page 182 in the Office of the Rensselaer County
Clerk that, upon information and belief, is owned by Ludlow Valve Corp and/or its successors or assigns
(“Ludlow”). The parties hereto recognize that the Lessor does not own this landlocked parcel and that
the same is not part of the instant Lease Agreement at the present time
4
ARTICLE 6
LESSEE’S OBLIGATIONS
6.1 Lessee's Obligations. The Lessee, throughout the term of this Lease and during any extended
terms, at its own cost and expense, shall take good care of and maintain in good order and repair the Leased
Premises and shall make all required repairs. The Lessee shall maintain all portions of the Leased Premises
in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions.
6.2 At the expiration of the tenancy hereby created, Lessee shall surrender the Leased
Premises, in a safe and secure condition conforming with the Site Management Plan in force at that time,
reasonable wear and tear excepted, and damage by unavoidable casualty excepted. Lessee shall also
surrender the Leased Premises with any improvements made thereto. Lessee shall remove all of its trade
fixtures before surrendering the premises as aforesaid and shall repair any damage to the Leased
Premises caused thereby. Lessee’s obligation to observe and perform this covenant shall survive the
expiration or other termination of the term of this Lease.
.
ARTICLE 7
ALTERATIONS AND IMPROVEMENTS
7. Alterations and Improvements to be Obligations of Lessee. The Lessee may, at any time at its
own cost, make any alteration, rebuilding, replacement, change, addition, and improvement in and to the
Leased Premises, subject to the following conditions:
a. Any and all alterations and/or improvements must conform to the approved Site
Management Plan, as well as any and all other requirements of the Lessor.
b. Such work shall be performed in a first class workmanlike manner, and shall not
weaken or impair the structural strength or lessen the value of said premises.
c. No contract or agreement for labor, services, materials, or supplies in connection with
any alterations, rebuilding, replacement, change, addition, or improvement shall permit any lien or claim to
be created or arise, or be filed by anyone thereunder upon or against the Leased Premises, or the buildings or
improvements thereon.
d. Lessee will be responsible for routine maintenance of site improvements on non-
leased land or public space, undertaken by Lessee as approved by Planning Commission Site Plan Review
ARTICLE 8
CONDITION OF LEASED PREMISES
8. Lessor's Obligation. The Leased Premises are leased in an “as is” condition.
5
ARTICLE 9
COVENANT AGAINST LIENS
9. Lessee's Covenant Against Liens. If, because of any act or omission of the Lessee, any
mechanic's lien or other lien, charge or order for the payment of money shall be filed against the Lessor or
any portion of the Leased Premises, the Lessee shall, at its own cost and expense, cause the same to be
discharged of record or bonded within thirty (30) days after the filing thereof and the Lessee shall indemnify
and hold harmless the Lessor against and from all costs, liabilities, suits, penalties, claims and demands,
including reasonable counsel fees, resulting therefrom.
ARTICLE 10
INSURANCE
10.1 Insurance Coverage to be Maintained by Lessee. During the term of this Lease, the Lessee
shall, at its own expense and without contribution from the Lessor, procure and maintain insurance as below
set forth:
a. Commercial General Liability and contractual liability on an occurrence basis with bodily
injury, property damage and personal liability in the amount of One Million and 00/100 ($1,000,000.00)
dollars for each occurrence and Two Million and 00/100 ($2,000,000.00) dollars general aggregate.
10.2 Payment of Insurance Premiums. Lessee shall pay all premiums and charges for all of
such policies, and if Lessee shall fail to make any such payment when due, or carry any such policy, Lessor,
at its option, after thirty (30) days written notice to Lessee, may, but shall not be obligated to, make such
payment or carry such policy, and the amounts paid by Lessor shall become due and payable by Lessee, as
additional rent, with the next succeeding installment of fixed rent which shall become due after such
payment of fixed rent which shall become due after such payment by Lessor; but payment by Lessor of any
such premiums or the carrying by Lessor of any such policy shall not be deemed to waive or release the
default of Lessee with respect thereto, or the right of Lessor to take such action as may be permissible
hereunder as in the case of default.
10.3 Form of Policies. All policies of insurance required to be maintained by the Lessee, and
all certificates issued therefor, shall name the Lessee and the Lessor as the insured as their respective
interests may appear. All such policies shall be payable to the Lessor notwithstanding any act or negligence
of the Lessee which might otherwise result in forfeiture of such insurance. All such policies shall, to the
extent obtainable, contain an agreement by the insurers that such policies shall not be cancelled without at
least thirty (30) days prior written notice to the Lessor.
6
10.4 Indemnification of Lessor. Lessee will indemnify Lessor and save it harmless from and
against any and all claims, actions, damages, liability and expense in connection with loss of life, personal
injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, or
the occupancy or use by Lessee of the Leased Premises or any part thereof, or occasioned wholly or in part
by the default under this Lease or any act, omission of Lessee, its agents, contractors, employees, servants,
lessees, or concessionaires, licenses or invitees. In case Lessor shall, without fault on its part, be made a
party to any litigation commenced by or against Lessee then Lessee shall protect and hold Lessor harmless
and Lessee shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by
Lessor in enforcing the covenants and agreements in this Lease.
10.5 Workers’ Compensation Insurance as required by law and including employer’s
liability insurance. Statutory disability benefits insurance as may be required by law.
10.6 Comprehensive Automobile Liability coverage on owned, hired, leased, or Non-
owned autos with limits not less than One Million and 00/100 ($1,000,000.00) dollars combined for each
accident because of bodily injury, sickness, or disease, sustained by any person, caused by accident, and
arising out of the ownership, maintenance or use of any automobile, for damage because of injury to or
destruction of property, including the loss of use thereof, caused by accident and arising out of the
ownership, maintenance or use of any automobile.
10.7 Commercial umbrella coverage of Five Million and 00/100 ($5,000,000.00) dollars.
10.8 Lessee, prior to entering on the Premises, shall deliver to Lessor each policy, or a
certificate of the policy, together with the evidence of payment of premiums for all policies of insurance
required to be maintained by Lessee pursuant to the terms of this Lease. The policies or duly executed
certificates for the same (which certificates shall evidence the insurer's waivers of subrogation), together
with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Lessor on or
before the commencement of the Lease, and upon renewal of any such policy, not less than thirty (30) days
prior to the expiration of the term of such coverage. The insurance policies shall be automatically renewed
upon expiration and continued in force unless the Corporation Counsel of the City of Troy is given sixty (60)
days written notice to the contrary. Each policy shall be issued as a primary policy not contributing with and
not in excess of coverage of any insurance which Lessor may carry. The policies shall name Lessor or any
person, firm or corporation designated by Lessor and the Lessee as insured, and shall contain a clause that
the insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written
notice the City of Troy Corporation Counsel’s office. The insurance herein required shall be with a
reputable, first-class, national insurance company admitted and qualified to do business in New York with a
current rating of at least A:VIII as shown in Best’s Key Rating Guide and Lessee shall keep Lessor provided
at all times with a copy of the policy or certificates of insurance then in effect.
7
ARTICLE 11
ESTOPPEL STATEMENT, ATTORNMENT, SUBORDINATION
11.1 Estoppel Statement. Within ten (10) days after request therefore by Lessor, or in the event
that upon any sale, assignment or hypothecation of the Leased Premises and/or the land thereunder by
Lessor, an off-set statement shall be required from Lessee in which Lessee agrees to deliver in recordable
form a certificate to any proposed mortgagee or purchaser, or to Lessor, certifying (if such be the case) that
(a) this Lease is in full force and effect and has not been modified, supplemented or amended in any way; (b)
the Leased Premises have not been without Lessor's consent sublet in whole or in part, and this Lease has not
been assigned in whole or in part; (c) Lessee has accepted possession of the Leased Premises and is presently
in occupancy of the Leased Premises; (d) Lessee has paid to Lessor all rent and additional rent due and
payable under this Lease through the date of the certification, and no rent under this Lease has been paid
more than one month in advance; (e) there exist no defense to, or rights of offset against, enforcement of this
Lease by Lessor; and (f) to Lessee's knowledge, neither Lessor nor Lessee is in default under this Lease or in
breach of its obligations hereunder.
11.2 Attornment. Lessee shall, in the event any proceedings are brought for the foreclosure of, or
in the event of exercise of the power of sale under any mortgage made by the Lessor covering the Lease
Premises, attorn to the mortgagee in the event of strict foreclosure or to the purchase upon any such
foreclosure or sale and recognize such mortgagee or (as the case may be) purchase as the Lessor under this
Lease.
11.3 Subordination. Upon request of the Lessor, Lessee will subordinate its rights hereunder to the
lien of any mortgage now or hereafter place upon the land of which the Leased Premises are a part, and to all
advance made or hereafter to be made upon the security thereof. The word "mortgage" as used herein
includes mortgage, deeds of trust or similar instruments and modifications, consolidations, extensions,
renewals, replacements of substitute or substitutes thereof.
ARTICLE 12
DAMAGES OR DESTRUCTION
12. Lessor's and Lessee's Rights to Terminate Lease. Notwithstanding anything to the contrary
contained in this Lease, if the Leased Premises are completely destroyed or so damaged by fire or other
casualty covered by insurance as to render it unfit for use and repair, or restoration is not economically
feasible, either the Lessor or Lessee may terminate this Lease on notice of at least ten (10) days and no more
than thirty (30) days. Such notice shall be given within sixty (60) days after the date of such damage or
destruction. If the Lease shall so terminate, all basic and additional rent shall be apportioned to the date of
8
termination and all insurance proceeds shall belong to the Lessor. If the Lease is not so terminated and the
proceeds of insurance are not sufficient to pay the full cost of repair or restoration due to the deductible of
the Lessee on its insurance policy, the Lessee shall pay the amount of its deductible as a deficiency. If the
Lease is not so terminated and the insurance proceeds exceed such cost, the excess shall be paid to the
Lessee.
ARTICLE 13
CONDITIONAL LIMITATIONS - DEFAULT
13.1 Events of Default. This Lease and the lease term are subject to the limitation that if, at any
time during the Lease term, any one or more of the following events (herein called an "event of default")
shall occur:
a. If Lessee shall make an assignment for the benefit of creditors; or
b. If any petition shall be filed against Lessee in any court, whether or not pursuant to
any statute of the United States or of any state, in any bankruptcy, reorganization, under any bankruptcy
statute, composition, extension, arrangement or insolvency proceedings, and the Lessee shall thereafter be
adjudicated bankrupt, or if any such petition shall be so filed by Lessee (for the purposes of this section,
"Lessee" shall be the Lessee herein or a sublessee of the Lessee or any person holding by, through or under
the Lessee); or Lessee shall fail to have some dismissal within sixty (60) days of filing;
c. If Lessee shall be adjudicated insolvent; or
d. If Lessee shall fail to pay any item of additional rent required to be paid by Lessee
hereunder, and such failure shall continue for thirty (30) days after receipt by Lessee of the notice thereof
from Lessor to Lessee; or
e. If Lessee shall fail to pay any installment of fixed rent or additional rent provided for
herein, or any part thereof, and such default is not cured within thirty (30) days after written notice thereof
given by the Lessor.
f. If Lessee shall fail to perform or observe any other requirements of this Lease on the
part of the Lessee to be performed or observed including, but not limited to, the established truck route, the
Site Management Plan, or the right-of-way setbacks, and such failure shall continue for thirty (30) days after
notice thereof from Lessor to Lessee specifying the nature of the default, or if the default be of such nature
that it cannot be cured in thirty day (30) days, and if the Lessee shall not have commenced curing such
default within such thirty day (30) day period and thereafter proceed diligently to cure such default, THEN,
upon the expiration of such notice after happening of any one or more of the aforementioned events of
default, and the expiration of the period of time prescribed in any aforesaid notice, Lessor shall have the
right, then or at any time thereafter, to give Lessee not less than ten (10) days written notice of Lessor's
intention to terminate this Lease on a date specified in such notice, and upon the date specified in such notice
this Lease and the demised term shall expire and terminate.
13.2 Surrender of Leased Premises on Termination for Default. Upon any such termination of this
9
Lease, Lessee shall peaceably and quietly yield and surrender to Lessor the Leased Premises and Lessor may
enter upon the Leased Premises, and repossess and enjoy the same as if this Lease had not been made, and in
any such event, neither Lessee nor any person claiming through or under Lessee by virtue of any statute or of
an order of any court shall be entitled to possession or to remain in possession of said premises.
ARTICLE 14
ACCESS TO PREMISES/RIGHT TO PERFORM OBLIGATIONS
14. Right of Lessor and Lessee to Perform Obligations of the Others. If either party shall default
in the performance of any term or covenant which is that party's obligation to perform or to be performed
under or by virtue of the provisions of this Lease, then the other party may perform same on account of the
party in default and if the curing party makes any expenditures or incurs any obligation for the payment in
connection therewith, such sums shall be paid by the Lessee to the Lessor within thirty (30) days of rendition
of any bill to Lessee therefor, or if the Lessee is the curing party, deducted from the next rent payable
hereunder.
ARTICLE 15
SIGNS
15. Signs. Lessor hereby gives to Lessee permission to install and maintain a sign or
signs affixed to the premises or freestanding, as the case may be, all as permitted by local zoning ordinances,
rules and regulations, and of a dimension, material content, location, and design as Lessee shall determine as
applicable to its business affairs. Lessor agrees to cooperate with Lessee with respect to any hearing
applications Lessee may deem advisable and necessary in order to conduct its business affairs.
ARTICLE 16
DESIGNATED TRUCK ROUTE
16. Lessee, affiliated companies, suppliers, and/or subcontractors, must use the approved
designated Truck Route, as detailed in Exhibit “D”, annexed hereto and made a part hereof. Failure to use
established Truck Route may result in the revocation of this Lease Agreement.
ARTICLE 17
BROKER
17. Broker. Lessor and Lessee hereby agree that no broker brought about this transaction
10
and that Lessor hereby agrees to indemnify Lessee from any and all claims with respect to the alleged broker
services, including the costs of attorneys’ fees in such defense.
ARTICLE 18
CONTINGENCY
18. Contingency. This lease and all of Lessee's obligations hereunder are contingent upon
Lessee's obtaining any and all required government approvals to permit the use as set forth in Paragraph 5.1,
supra.
ARTICLE 19
QUIET ENJOYMENT
19. Quiet Enjoyment. If the Lessee pays the rent and additional rent it is obligated hereunder
to pay, and observes all other terms, covenants and conditions hereof, it shall occupy and enjoy the use of the
Leased Premises during the initial term and any extended term of this Lease, without any hindrance,
molestation, or ejection by the Lessor, its successors or assigns, subject to the Lessor’s construction projects
that affect said Lease Premises.
ARTICLE 20
END OF TERM
20. Surrender of Leased Premises. The Lessee covenants to peaceably and quietly quit and
surrender the Leased Premises on the last day of the term of this Lease or the last day of any extended term.
The Lessee shall then surrender the Leased Premises free of sub-tenancies and free of garbage, refuse, or
debris. All non-permanent structures removable pursuant to the provisions of this paragraph shall be
removed by the Lessee on or before the last day of the term of this Lease or the last day of any extended term
and all property not so removed shall be deemed abandoned by the Lessee.
ARTICLE 21
NOTICES AND COMMUNICATIONS
21. Notices and Communications. Any notice, exercise of option or election, communication,
request, or other document or demand required or desired to be given to the Lessor or the Lessee shall be
given by Certified or Registered Mail, Return Receipt Requested, addressed:
If to Lessor: Deputy Mayor
11
City of Troy New York
433 River Street
Troy, New York 12180
Copy to: Office of Corporation Counsel
City of Troy/City Hall
433 River Street; Suite 5001
Troy, New York 12180
If to Lessee: Tri-City Shipping, LLC
1 Madison Street – Suite 300
Troy, New York 12180
Copy to: Zappone Attorneys, PLLC
Joseph W. Zappone, Esq.
621 Columbia Street Ext. – Suite 500
Cohoes, New York 12047
Either party may, from time to time, change the address at which such written notices, exercises of
options or elections, communications, requests, or other documents or demands are to be mailed, by giving
the other party written notice of such changed address. The date of mailing shall be deemed to be the date of
the giving of the notice or of the communication or of the exercise of the option, as the case may be.
ARTICLE 22
CERTIFICATES OF FULL FORCE AND EFFECT
22.1 Certificates of Full Force and Effect. Lessee and Lessor agree at any time and from time to
time, upon not less than ten (10) days prior request by the other party, to execute, acknowledge and deliver to
the requesting party a statement in writing certifying that this Lease is unmodified and is in full force and
effect (or, if there have been modifications, that the same is in full force and effect as modified and stating
the modifications) or any other existing status of the Lease, and the dates to which the rent and other charges
have been paid in advance, if any; it being intended that any such statement delivered pursuant to this Article
may be relied upon by any prospective purchaser of the Leased Premises.
22.2 Lessor agrees at any time and from time to time, upon not less than ten (10) days prior request
by Lessee, to execute, acknowledge and deliver to Lessee a statement in writing certifying that this Lease is
unmodified and is in full force and effect (or if there have been modifications that the same is in full force
and effect as modified and stating the modifications) or any other existing status of the Lease, and the dates
to which the rent and other charges have been paid in advance, if any.
12
ARTICLE 23
UNAVOIDABLE DELAYS
23. Unavoidable Delays. The time for the performance by Lessor or Lessee of any term,
condition or covenant of this Lease shall be deemed extended by time lost due to delays resulting from acts
of God, strikes, civil riots, floods, material or later restrictions by governmental authority and any other
cause not within the control of the Lessor or Lessee, as the case may be.
ARTICLE 24
CONSTRUCTION AND INTERPRETATION OF THIS LEASE
24.1 Modification. No change, modification, or cancellation of this Lease shall be effective except
by an instrument in writing signed by the parties.
24.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties
and contains all the agreements, conditions, representations, and warranties made by the parties. No
representations, other than those herein expressly contained, have been made by either party to the other.
24.3 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, personal representatives, successors and assigns.
24.4 Captions. The captions at the heading of the Articles of this Lease are not a part of the
context and shall not be considered in construing this Lease. They are intended only as aids in locating and
reading the various provisions.
24.5 Counterparts. This Agreement may be executed in two (2) or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
24.6 Declaration of Governing Law. This lease shall be governed by, construed, and enforced
in accordance with the laws of the State of New York.
24.7 Lessor's Remedies are Cumulative. The specified remedies to which the Lessor may
resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other
remedies or means of redress to which the Lessor may be lawfully entitled in case of any breach or
threatened breach by the Lessee of any provision or provisions of this Lease. Any cost, including without
limitation, attorney’s fees, incurred with enforcing the terms of this lease shall be paid for by the Lessee.
13
24.8 Severability. If any provision of this Lease shall be declared invalid or unenforceable, the
remainder of the Lease shall continue in full force and effect.
24.9 Captions and Sections. The captions, section numbers, article numbers, and index
appearing in the Lease are inserted only as a matter of convenience and in no way define, limit, construe, or
describe the scope or intent of such sections or articles of this Lease, nor in any way affect this Lease.
24.10 Partial Invalidity. If any term, covenant or condition of this Lease or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of such term, covenant or condition to persons or circumstances other than those as
to which it is held invalid or unenforceable, shall not be affect thereby and each terms, covenant or condition
of this Lease shall be valid and be enforced to the fullest extent permitted by law.
24.11 Transmittal of Lease. This Lease is transmitted for examination only and does not
construe an offer to lease, and this Lease shall become effective only upon the execution and unconditional
delivery thereof by both parties hereto.
ARTICLE 25
LESSOR’S RIGHT OF INSPECTION
25. Lessor retains the right to conduct inspections of the Leased Premises, upon reasonable notice
and at a reasonable time, to ensure compliance with all the conditions as set forth herein, and Lessee agrees
to cooperate with said inspections.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the
respective dates below set forth.
Dated: _______________, 2019 Lessor, The City of Troy, New York
By: ____________________________
Wm. Patrick Madden, Mayor,
Dated: _______________, 2019 Lessee, Tri-City Shipping, LLC
By: ____________________________
Roderick J. Valente, Man. Mem.
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Page 1 of 10
Full Environmental Assessment Form
Part 2 - Identification of Potential Project Impacts
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
Part I
Question(s)
No, or
sma
ll
impact
may occur
Moderate
to large
impact may
occur
a. The proposed acti
on may involve construction on land where depth to water table is
less than 3 feet.
E2d
9
9
b. The proposed act
ion may involve construction on slopes of 15% or greater.
E2f
9
9
c. The proposed acti
on may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
E2a
9
9
d. The proposed act
ion may involve the excavation and removal of more than 1,000 tons
of natural material.
D2a
9
9
e. The proposed acti
on may involve construction that continues for more than one year
or in multiple phases.
D1e
9
9
f. The proposed action may result in increas
ed erosion, whether from physical
disturbance or vegetation removal (including from treatment by herbicides).
D2e, D2q
9
9
g. The proposed action is, or
may be, located within a Coastal Erosion hazard area.
B1i
9
9
h. Other impacts: _
______________________________________________________
___________________________________________________________________
9
9
Agency Use Only [If applicable]
Project :
Date :
FEAF 2019
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Page 2 of 10
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Identify th
e specific land form(s) attached: ________________________________
___________________________________________________________________
E2g
9 9
b. The pr
oposed action may affect or is adjacent to a geological feature listed as a
registered National Natural Landmark.
Specific feature: _____________________________________________________
E3c
9
9
c. Othe
r 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may create a new water body.
D2b, D1h
9
9
b. The propo
sed action may result in an increase or decrease of over 10% or more than a
10 acre increase or decrease in the surface area of any body of water.
D2b
9
9
c. The pr
oposed action may involve dredging more than 100 cubic yards of material
from a wetland or water body.
D2a
9
9
d. The propo
sed action may involve construction within or adjoining a freshwater or
tidal wetland, or in the bed or banks of any other water body.
E2h
9
9
e. The propose
d action may create turbidity in a waterbody, either from upland erosion,
runoff or by disturbing bottom sediments.
D2a, D2h
9
9
f. The propo
sed action may include construction of one or more intake(s) for withdrawal
of water from surface water.
D2c
9
9
g. The pr
oposed action may include construction of one or more outfall(s) for discharge
of wastewater to surface water(s).
D2d
9
9
h. The pr
oposed action may cause soil erosion, or otherwise create a source of
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
D2e
9
9
i. The proposed action
may affect the water quality of any water bodies within or
downstream of the site of the proposed action.
E2h
9
9
j. The pr
oposed action may involve the application of pesticides or herbicides in or
around any water body.
D2q, E2h
9
9
k. The proposed action may require the construction of new, or expansion of existing,
wastewater treatment facilities.
D1a, D2d
9
9
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Page 3 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed
action may require new water supply wells, or create additional demand
on supplies from existing water supply wells.
D2c
9
9
b. Water supply demand from the proposed a
ction may exceed safe and sustainable
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
D2c
9
9
c. The proposed action may allow or result in residential uses in areas without water and
sewer services.
D1a, D2c
9
9
d. The proposed action
may include or require wastewater discharged to groundwater.
D2d, E2l
9 9
e. The propo
sed action may result in the construction of water supply wells in locations
where groundwater is, or is suspected to be, contaminated.
D2c, E1f,
E1g, E1h
9
9
f. The prop
osed action may require the bulk storage of petroleum or chemical products
over ground water or an aquifer.
D2p, E2l
9
9
g. The proposed action
may involve the commercial application of pesticides within 100
feet of potable drinking water or irrigation sources.
E2h, D2q,
E2l, D2c
9
9
h. Other impa
cts: ______________________________________________________
__________________________________________________________________
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed
action may result in development in a designated floodway.
E2i
9
9
b. The proposed action m
ay result in development within a 100 year floodplain.
E2j
9
9
c. The propo
sed action may result in development within a 500 year floodplain.
E2k
9
9
d. The propo
sed action may result in, or require, modification of existing drainage
patterns.
D2b, D2e
9
9
e. The proposed
action may change flood water flows that contribute to flooding.
D2b, E2i,
E2j, E2k
9
9
f.
If there is a dam located on the site of the proposed action, is the dam in need of repair,
or upgrade?
E1e
9
9
RES56
Page 4 of 10
g. Other impacts: ______________________________________________________
___________________________________________________________________
9
9
6. Impacts on Air
NO YES The proposed action may include a state regulated air emission source.
(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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. If the proposed action requires federal or state air emission permits, the action m
ay
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (CO
2
)
ii. More than 3.5 tons/year of nitrous oxide (N
2
O)
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)
iv. More than .045 tons/year of sulfur hexafluoride (SF
6
)
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane
D2g
D2g
D2g
D2g
D2g
D2h
9
9
9
9
9
9
9
9
9
9
9
9
b. The proposed action may g
enerate 10 tons/year or more of any one designated
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
D2g
9
9
c. The proposed action may require a state air registration, or may produce an emissions
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.
D2f, D2g
9
9
d.
The proposed action may reach 50% of any of the thresholds in “a” through “c”,
above.
D2g
9
9
e. The proposed actio
n may result in the combustion or thermal treatment of more than 1
ton of refuse per hour.
D2s
9
9
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
Part I
Question(s)
No, or
small
impa
ct
may occur
Moderate
to large
impact may
occur
a. The proposed acti
on may cause reduction in population or loss of individuals of any
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.
E2o
9
9
b. The proposed actio
n may result in a reduction or degradation of any habitat used by
any rare, threatened or endangered species, as listed by New York State or the federal
government.
E2o
9
9
c. The proposed actio
n may cause reduction in population, or loss of individuals, of any
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.
E2p
9
9
d. The proposed actio
n may result in a reduction or degradation of any habitat used by
any species of special concern and conservation need, as listed by New York State or
the Federal government.
E2p
9
9
RES56
Page 5 of 10
e. The pr
oposed action may diminish the capacity of a registered National Natural
Landmark to support the biological community it was established to protect.
E3c
9
9
f. The p
roposed action may result in the removal of, or ground disturbance in, any
portion of a designated significant natural community.
Source: ____________________________________________________________
E2n
9
9
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
over-wintering habitat for the predominant species that occupy or use the project site.
E2m
9
9
h. The pr
oposed action requires the conversion of more than 10 acres of forest,
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
E1b
9
9
i. Propose
d action (commercial, industrial or recreational projects, only) involves use of
herbicides or pesticides.
D2q
9
9
j. Oth
er 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the
NYS Land Classification System.
E2c, E3b
9 9
b. The proposed action m
ay sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
E1a, Elb
9
9
c. The pr
oposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
E3b
9
9
d. The pr
oposed action may irreversibly convert agricultural land to non-agricultural
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
E1b, E3a
9
9
e. The pr
oposed action may disrupt or prevent installation of an agricultural land
management system.
El a, E1b
9
9
f. The proposed
action may result, directly or indirectly, in increased development
potential or pressure on farmland.
C2c, C3,
D2c, D2d
9
9
g. The pr
oposed project is not consistent with the adopted municipal Farmland
Protection Plan.
C2c
9
9
h. Oth
er impacts: ________________________________________________________
9
9
RES56
Page 6 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Propo
sed action may be visible from any officially designated federal, state, or local
scenic or aesthetic resource.
E3h
9
9
b. The proposed
action may result in the obstruction, elimination or significant
screening of one or more officially designated scenic views.
E3h, C2b
9
9
c. The proposed
action may be visible from publicly accessible vantage points:
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)
ii. Year round
E3h
9
9
9
9
d. The situ
ation or activity in which viewers are engaged while viewing the proposed
action is:
i. Routine travel by residents, including travel to and from work
ii. Recreational or tourism based activities
E3h
E2q,
E1c
9
9
9
9
e. The prop
osed action may cause a diminishment of the public enjoyment and
appreciation of the designated aesthetic resource.
E3h
9
9
f. There are si
milar projects visible within the following distance of the proposed
project:
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
D1a, E1a,
D1f, D1g
9
9
g. Othe
r 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
E3e
9
9
b. The prop
osed action may occur wholly or partially within, or substantially contiguous
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
E3f
9
9
c. The prop
osed action may occur wholly or partially within, or substantially contiguous
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
E3g
9
9
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
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.
RES56
Page 7 of 10
d. Other imp
acts: ______________________________________________________
__________________________________________________________________
9
9
e.
If any of the above (a-d) are answeredModerate to large impact may
occur”, continue with
the following questions to
hel
p
support conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part
of the site or property.
ii. The proposed action may result in the alteration of the property’s setting or
integrity.
iii. The proposed action may result in the introduction of visual elements which
are out of character with the site or property, or may alter its setting.
E3e, E3g,
E3f
E3e, E3f,
E3g, E1a,
E1b
E3e, E3f,
E3g, E3h,
C2, C3
9
9
9
9
9
9
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed act
ion may result in an impairment of natural functions, or “ecosystem
services”, provided by an undeveloped area, including but not limited to stormwater
storage, nutrient cycling, wildlife habitat.
D2e, E1b
E2h,
E2m, E2o,
E2n, E2p
9
9
b. The proposed action ma
y result in the loss of a current or future recreational resource.
C2a, E1c,
C2c, E2q
9
9
c. The proposed action may elim
inate open space or recreational resource in an area
with few such resources.
C2a, C2c
E1c, E2q
9
9
d. The proposed action ma
y result in loss of an area now used informally by the
community as an open space resource.
C2c, E1c
9
9
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The propos
ed action may result in a reduction in the quantity of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
b. The proposed action ma
y result in a reduction in the quality of the resource or
characteristic which was the basis for designation of the CEA.
E3d
9
9
c. Other impac
ts: ______________________________________________________
__________________________________________________________________
9
9
RES56
Page 8 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. Projected traffic increase may exceed capacity of existing road network.
D2j
9
9
b. The propo
sed action may result in the construction of paved parking area for 500 or
more vehicles.
D2j
9
9
c. The proposed action will degrade e
xisting transit access.
D2j
9
9
d. The proposed action will degrade e
xisting 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
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
or supply system to serve more than 50 single or two-family residences or to serve a
commercial or industrial use.
D1f,
D1q, D2k
9 9
c. The propo
sed 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
feet of building area when completed.
D1g
9
9
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may produce sound above noise levels established by local
regulation.
D2m
9
9
b. The proposed action m
ay result in blasting within 1,500 feet of any residence,
hospital, school, licensed day care center, or nursing home.
D2m, E1d
9
9
c. The proposed action may result in routine odors for more than one hour per day. D2o
9
9
RES56
Page 9 of 10
d. The proposed action
may result in light shining onto adjoining properties.
D2n
9
9
e. The prop
osed action may result in lighting creating sky-glow brighter than existing
area conditions.
D2n, E1a
9
9
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
Part I
Question(s)
No,or
small
impact
may cccur
Moderate
to large
impact may
occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day
care center, group home, nursing home or retirement community.
E1d
9 9
b. The site o
f the proposed action is currently undergoing remediation.
E1g, E1h
9
9
c. There is a completed em
ergency spill remediation, or a completed environmental site
remediation on, or adjacent to, the site of the proposed action.
E1g, E1h
9
9
d.
The site of the action is subject to an institutional control limiting the use of the
property (e.g., easement or deed
restriction).
E1g, E1h
9
9
e. The proposed action may affect institutional control m
easures that were put in place
to ensure that the site remains protective of the environment and human health.
E1g, E1h
9
9
f. The proposed action has a
dequate control measures in place to ensure that future
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
D2t
9
9
g. The prop
osed action involves construction or modification of a solid waste
management facility.
D2q, E1f
9
9
h. The proposed action may result in t
he unearthing of solid or hazardous waste.
D2q, E1f
9
9
i. The proposed action ma
y result in an increase in the rate of disposal, or processing, of
solid waste.
D2r, D2s
9
9
j. The prop
osed action may result in excavation or other disturbance within 2000 feet of
a site used for the disposal of solid or hazardous waste.
E1f, E1g
E1h
9
9
k. The proposed action
may result in the migration of explosive gases from a landfill
site to adjacent off site structures.
E1f, E1g
9
9
l. The proposed action ma
y result in the release of contaminated leachate from the
project site.
D2s, E1f,
D2r
9
9
m. Other imp
acts: ______________________________________________________
__________________________________________________________________
RES56
Page 10 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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action’s land use components may be different from, or in sharp
contrast to, current surrounding land use pattern(s).
C2, C3, D1a
E1a, E1b
9
9
b. The proposed action will cause the permanent population of the city, town or village
in which the project is located to grow by more than 5%.
C2
9
9
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
plans.
C2, C2
9
9
e. The proposed action may cause a change in the density of development that is not
supported by existing infrastructure or is distant from existing infrastructure.
C3, D1c,
D1d, D1f,
D1d, Elb
9
9
f. The proposed action is located in an area characterized by low density development
that will require new or expanded public infrastructure.
C4, D2c, D2d
D2j
9
9
g. The proposed action may induce secondary development impacts (e.g., residential or
commercial development not included in the proposed action)
C2a
9 9
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
Part I
Question(s)
No, or
small
impact
may occur
Moderate
to large
impact may
occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas
of historic importance to the community.
E3e, E3f, E3g
9
9
b. The proposed action may create a demand for additional community services (e.g.
schools, police and fire)
C4
9
9
c. The proposed action may displace affordable or low-income housing in an area where
there is a shortage of such housing.
C2, C3, D1f
D1g, E1a
9
9
d. The proposed action may interfere with the use or enjoyment of officially recognized
or designated public resources.
C2, E3
9
9
e. The proposed action is inconsistent with the predominant architectural scale and
character.
C2, C3
9
9
f. Proposed action is inconsistent with the character of the existing natural landscape.
C2, C3
E1a, E1b
E2g, E2h
9
9
g. Other impacts: ______________________________________________________
__________________________________________________________________
9
9
RES56
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1ST ST
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E
Legend
Commercial Traffic
Ingress
Commercial Traffic
Egress
Commercial Traffic
Eastbound Egress
0 0.1 0.2 0.3 0.40.05
Miles
Proposed Commercial
Truck Routes
South Troy
Lands Now or Formerly of
THE CITY OF TROY
Reel 267 Frame 1206
Lands Now or Formerly of
SCOLITE INTERNATIONAL CORP.
Book 1301 Page 182
Tax Map I.D. No. 111.28-4-1
AREA=5.71± ACRES
Lands Now or Formerly of
TROY SLAG PRODUCTS CO. INC.
Reel 44 Frame 580
Tax Map ID No. 100.84-1-1.2
(60' WIDE R.O.W.)
DEED LINE
2 MADISON STREET
P.O.B.
Lands Now or Formerly of
NEW YORK CENTRAL LINES, LLC
SITE LOCATION MAP
LAND SURVEYING
NMB
PLLC
˚
˚
˚
˚
˚
˚
Feet
0 30 60
METERS
0 9.144 18.288
New York State Department of Environmental
Conservation
SITE MANAGEMENT PLAN
Former Scolite Site, City of Troy,
Rensselaer County, New York
Site No. E442037
January 2019
arcadis.com
Former Scolite Stie - SMP
SITE MANAGEMENT
PLAN
Former Scolite Site
Prepared for:
New York State Department of
Environmental Conservation
Prepared by:
Arcadis CE, Inc.
855 Route 146
Suite 210
Clifton Park
New York 12065
Tel 518 250 7300
Fax 518 250 7301
Our Ref.:
00266425.0002
Date:
January 2019
This document is intended only for the use of
the individual or entity for which it was
prepared and may contain information that is
privileged, confidential and exempt from
disclosure under applicable law. Any
dissemination, distribution or copying of this
document is strictly prohibited.
arcadis.com
Former Scolite Site – Site Management Plan
i
CONTENTS
1. Introduction 1
1.1. Purpose of the Site Management Plan 1
1.2. Site Description 1
1.3. Geology and Hydrogeology 4
1.4. Site History 4
1.5. Summary of the Remediation Objectives 6
1.6. Summary of Remedial Activities </