USDO Comprehensive Edits - Article V - Administration and Enforcement - City of Albany, NY
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USDO Comprehensive Edits Article V – Administration and Enforcement
2
USDO Review Web Page
http://albanyny.gov/1919/USDO-Review
3 Outline of Article V • §375-501 – Purpose and organization • §375-502 – Procedure Summary Chart • § 375-503 – Review and decisionmaking bodies • § 375-504 – General procedures • § 375-505 – Specific procedures • § 375-506 – Preexisting development and nonconformities • § 375-507 – Enforcement and penalties
4 Outline of Article V • §375-501 – Purpose and organization • §375-502 – Procedure Summary Chart • § 375-503 – Review and decisionmaking bodies • § 375-504 – General procedures • § 375-505 – Specific procedures • § 375-506 – Preexisting development and nonconformities • § 375-507 – Enforcement and penalties
5 §375-501 – Purpose and organization
6 Outline of Article V • §375-501 – Purpose and organization • §375-502 – Procedure Summary Chart • § 375-503 – Review and decisionmaking bodies • § 375-504 – General procedures • § 375-505 – Specific procedures • § 375-506 – Preexisting development and nonconformities • § 375-507 – Enforcement and penalties
7 §375-502 – Procedure Summary Chart
8 §375-502 – Procedure Summary Chart
9 §375-502 – Procedure Summary Chart
10 §375-505(1) – Specific Procedures
11 §375-505(2) – Specific Procedures
12
§375-502(1)(b) – Proposed Referral Thresholds
i. Any exterior alteration, restoration, reconstruction or material change in the
appearance of a property that is visible from a public right-of-way;
ii. Any proposed change of use of a structure or property;
iii. Demolition of a principal building or structure;
iv. New construction of any principal building;
v. Any expansion of or addition to an existing building that will exceed 1,000
square feet or is visible from the public right-of-way;
vi. The creation of any parking lot or paved area that will increase the impervious
lot coverage of a property;
vii. Substantial renovation of an existing structure exceeding 50,000 square feet
in gross floor area.
viii. Any addition of dwelling units to an existing building;
ix. All new development in the Normans Kill Overlay (NK-O) zone district.
x. Any proposed clear-cutting or removal of 50% of the existing trees or
vegetation on a lot or contiguous areas totaling more than one acre in size.13
§375-502(3) – Procedure Summary Chart
Development permit process has not been used
since USDO adoption and is proposed to be
removed14
§375-502 – Procedure Summary Chart
Development plan
(12) Yes Yes D*/R D*
review
Certificate of
(10) D [D]
Appropriateness
Lot Modification (8) D
Major Subdivision
(9) Yes Yes R [D]
of Land
Co-locate similar procedures to improve usability for readers15 §375-505(4) – Specific Procedures
16 §375-505(4) – Specific Procedures
17
§375-502(12)(a)(i) – Proposed Thresholds
(i) All new civic and institutional, commercial, and industrial development with New
construction of any principal building having less than 10,000 square feet of gross floor area.
(ii) All new residential development that contains four or fewer dwelling units within a single
lot or parcel.
(iii) All expansions of or addition to an existing multifamily, nonresidential, mixed-use and
special purpose properties which building that will increase the ground floor area by between
1,000 and 10,000 9,999 square feet of gross floor area.
(iv) All conversions of an existing nonresidential structure to a residential use containing
between five and 19 dwelling units.
(v) All Construction of a new surface parking lots having between 5 and 9 parking spaces,
fewer than 10 parking spaces or expansion of an existing surface parking lot by fewer than 20
parking spaces. areas that would add between five and nine parking spaces.18 §375-502(12)(a)(i) – Proposed Thresholds (vi) Any change of use in the MU-CU or MU-CH District on a lot containing between 10,000 and 20,000 square feet of lot area. (vii) Any change of use in the MU-NE or MU-NC District on a lot containing between 5,000 and 10,000 square feet of lot area. (viii) Any expansion or sSubstantial renovation of a use in the vehicles and equipment land use category pursuant to Table 375.302.1 (Permitted Use Table). not subject to a major development plan review. (ix) Demolition of accessory structures containing less than 500 square feet of gross floor area, excepting the following: A. Designated historic properties subject to review by the Historic Resources Commission. (x) Demolition of principal structures, limited to the following: A. Any principal structure located within the I-2 Zoning District and containing less than 20,000 square feet of gross floor area. B. Partial demolitions involving less than 25% of the non-street-facing portions of the principal structure. (xi) Any request for a special sign program pursuant to § 375-409(6).
19 §375-502(12)(a)(ii) – Proposed Thresholds (i) All new civic and institutional, commercial, and industrial development with New construction having at least 10,000 square feet or more of gross floor area. (ii) All new residential development which contains more than four dwelling units within a single lot or parcel. (iii) New residential development containing more than four units in non-single-family structures on contiguous or adjacent lots that have previously been subdivided. (iv) All Any expansions of existing multifamily, nonresidential, mixed-use and special purpose properties or addition to an existing building that which will increase the ground floor area by more than 10,000 square feet or more of gross floor area. (v) Any conversions of an existing residential structure to a nonresidential or institutional use (excepting the establishment of a home occupation). Substantial renovation of any principal building that is at least 50,000 square feet in gross floor area and that involves a change of use. (vi) All conversions of an existing nonresidential structure to a residential use containing 20 or more dwelling units. (vii) All Construction of a new surface parking lots with 10 or more parking spaces, or expansion of an existing parking area by 120 or more parking spaces. (viii) Any change of use in the MU-CU or MU-CH District on a lot containing 20,000 square feet or more of lot area. (ix) Any change of use in the MU-NE or MU-NC District on a lot of 10,000 square feet or more of lot area.
20 §375-502(12)(a)(ii) – Proposed Thresholds (x) All new development in the Normans Kill Overlay (NK-O) Zone District where major development plan review is required under § 375-206(6)(c). (xi) All parcels in excess of one acre where more than 50% of the existing trees or vegetation are proposed for clear-cutting or removal. (xii) All subdivisions of land that will create five or more new lots, or for which and for which new public infrastructure is required to be constructed (in addition to utility connections from new lots to existing utility lines). (xiii) Re-subdivision of lands platted as part of a cluster subdivision in order to facilitate the construction of a new principal structure, or construction of a new principal structure on lands not identified for development on the original subdivision plat
21
§375-505(5) – Specific Procedures
No major content
changes proposed22
§375-505(6) – Specific Procedures
No major content
changes proposed23 §375-505(7) – Specific Procedures
24 §375-505(8) – Specific Procedures
25 §375-505(18) – Specific Procedures
26 §375-505(18) – Specific Procedures
27
§375-502 – Procedure Summary Chart
Lot Modification (8) D
Major Subdivision
(9) Yes Yes R [D]
of Land28
§375-502(8)(b)– Specific Procedures
(b) Procedure. An application for a lot modification shall be reviewed and
decided pursuant to the procedures outlined in Table 375.502.1 (Summary of
Development Review Procedures).
(c) Review criteria. An application for a lot modification shall be approved only if
it is determined that:
(i) It is consistent with any provisions of this USDO and the Albany City Code;
(ii)If each of the existing lots and the structures on those lots complies with
the requirements of this USDO, then after the adjustment each of the resulting
lots will still comply with the requirements of this USDO;
(iii) If one or more of the existing lots, or a structure on one or more of those
lots, does not comply with the requirements of this USDO, the proposed
adjustment will not create any new nonconformity between the requirements
of this USDO and any of the lots or any of the structures on the lots whose
lot lines are to be adjusted; and
(iv) If any of the lots are nonconforming, the lot line adjustment will either
remove the nonconformity or improve it.29 §375-505(9) – Specific Procedures
30
§375-502(7)– Proposed Specific Procedures
Revocable right-of-way privilege.
(a) Applicability. This section applies to all development or redevelopment projects or activities that
will occur on public rights-of-way, including but not limited to sidewalks.
(b) Procedure. An application for a revocable right-of-way privilege shall be reviewed and decided
pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review
Procedures).
(c) Review criteria. An application for a revocable right-of-way privilege may be approved if a review
determines that:
(i) The City review authorities have no objection to the issuance of the permit;
(ii) The issuance of the permit will not compromise public health and safety, including but
not limited to automobile, bicycle, and pedestrian safety;
(iii) The applicant has agreed to provide and maintain liability insurance protecting the City
from liability for damage or injury related to the proposed activities on the public right-of-
way, if the City determines that insurance be provided based on its evaluation of potential
risks to the City; and
(iv) The issuance of the permit is consistent with the intent and character of the district in
which the property is located.
(d) Post-decision actions. A revocable right-of-way privilege may be revoked by the City for violation
of any provision of this USDO or any condition attached to the permit, or if the City requires other
use of the sidewalk or public property.31 §375-505(10) – Specific Procedures
32
§375-502(5)– Proposed Specific Procedures
(5) Right-of-way access permit.
(a) Applicability. This section applies to all development or redevelopment projects or activities that
require the creation of a new right-of-way access location, or the relocation of an existing right-of-
way access location. See also, Chapter 323 (Streets and Sidewalks).
(b) Procedure. An application for a right-of-way access permit shall be reviewed and decided
pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review
Procedures).
(c) Review criteria. An application for a right-of-way access permit may be approved a review
determines that:
(i) The City review authorities have no objection to the issuance of the permit;
(ii) The issuance of the permit will not compromise public health and safety, including but not
limited to automobile, bicycle, and pedestrian safety; and
(iii) The issuance of the permit is consistent with the intent and character of the district in
which the property is located.
(d) Post-decision actions. A right-of-way access permit may be revoked by the City for violation of
any provision of this USDO or any condition attached to the permit, or if the City requires other use
of the public right-of-way.33
§375-505(11) – Specific Procedures
No major content changes proposed34 §375-505(12) – Specific Procedures
35
§375-502 – Procedure Summary Chart
Two separate permits currently exist with the
Division of Engineering (Grading Permit) and the
Water Department (New York State Pollutant
Discharge Elimination System (SPDES) Permit)36
§375-505(4) – Specific Procedures
(4) Grading permit.
(a) Applicability.
(i) No person shall commence or perform any grading and no person shall import or export any
earth materials to or from any grading site without first having obtained a permit from the City
Engineer. See also, Chapter 211 (Grading and Mining).
(ii) In the following instances, a stormwater, grading and erosion permit is not required:
A. The excavation or fill does not exceed two feet in vertical depth at its deepest point
measured from the original ground surface and does not exceed 50 cubic yards of material on
any one lot; however, no fill shall be placed on a surface having a slope steeper than one
vertical to 10 horizontal, and no fill shall be placed that will alter the existing drainage pattern.
B. An excavation below finished grade for basements, footings, swimming pools or any
underground structure that does not exceed 50 cubic yards of material and is authorized by a
valid building permit issued by the Chief Building Official.
C. Work within the public right-of-way, dams and drainage structures constructed by or under
contract with the City Engineer, Department of General Services, or the Department of Water
and Water Supply of the City of Albany.
D. Work accomplished under the auspices of and owned and controlled by the federal
government or the State of New York.
E. The depositing of rubbish or debris at any landfill owned or operated by the City of Albany.37 §375-505(13) – Specific Procedures
38 §375-505(19) – Specific Procedures
39
§375-502 – Procedure Summary Chart
Certificate of [D]
(10) Yes Yes D/R
appropriateness (A)
Co-locate similar procedures to improve usability for readers40 §375-502(10)(a)(ii) – Proposed Thresholds A. Change of paint color; B. Replacement of a feature that is an element of the structure; C. Restoring original materials on a structure or site; D. Changes in-kind to a sign on the property; E. Replacement of nonoriginal or replacement windows; F. Replacement of nonoriginal or roofing materials; G. Replacement of nonhistorically appropriate materials with historically appropriate materials based on physical or pictorial evidence.
41 §375-502(10)(a)(iii) – Proposed Thresholds A. Demolition of a structure; B. Construction of a new structure on a site containing a landmark or in a historic district; C. Substantial alterations to the facade of a landmark or a property within a historic district; D. Replacing historically appropriate materials with nonhistorically appropriate materials; and/or E. Any subsurface excavation, grading, or roadwork on a designated landmark property, or in a historic district, or in the Fort Orange/Downtown Albany Archaeological Review District. F. Other actions that do not qualify for review as a minor certificate of appropriateness.
42
§375-505(15) – Specific Procedures
Proposing to limit
usage to sites >10
acres only in MU-CI
districts43
§375-505(16) – Specific Procedures
No major changes
proposed44 §375-505(17) – Specific Procedures
45
§375-502(7)– Proposed Specific Procedures
(a) Applicability.
(i) No person shall demolish any building, structure or any portion of a building or structure without a valid
demolition permit as issued by the Chief Building Official pursuant to this § 375-505(17), unless the
demolition involves one of the following:
A. Designated historic properties, which are subject to review by the Historic Resources Commission
pursuant to § 375-505(13) or § 375-505(19), as applicable;
B. Any principal structure located within the I-2 Zoning District containing less than 20,000 square feet of
gross floor area;
C. Partial demolitions involving less than 25% of the non-street-facing portions of the principal structure; and
D. Accessory structures containing less than 5 1,000 square feet of gross floor area.
Proposing to group demolitions in and outside of
historic districts under same procedure, with
additional requirements for demolitions in historic
districts46
§375-502(20) – Procedure Summary Chart
Proposed removal of
application type and
proposing to
incorporate review
criteria into Major
Development Plan
Review47 §375-502 – Procedure Summary Chart
48
§375-505(21) – Specific Procedures
No major changes
proposed49
§375-505(22) – Specific Procedures
No major changes
proposed50
§375-505(23) – Specific Procedures
No major changes
proposed51
§375-505(24) – Specific Procedures
No major changes
proposed52
§375-505(25) – Specific Procedures
Proposing to add
process for designating
archaeological districts53
§375-505(26) – Specific Procedures
No major changes
proposed54
Interpretations – Specific Procedures
(a) PROCEDURE.
(i) The Chief Planning Official shall review the USDO, relevant information, and supplemental
information to make a decision on the interpretation. Interpretations can be initiated by the
Chief Planning Official or through formal requests by individuals or entities authorized to
submit applications pursuant to § 375-504(4)(a)(Authority to submit applications).
(ii) Within five business days of making a decision on an interpretation, a copy of the
interpretation shall be posted on the City’s website and sent to the Common Council.
(iii) The interpretation shall be presented by the Chief Planning Official to the Planning Board
within sixty days of the decision or at the next scheduled and noticed Planning Board Meeting
or Hearing, whichever is sooner.
(iv) Members of the public will be allowed to submit written comment up to sixty days after an
interpretation has been made by the Chief Planning Official and will have the opportunity to
provide public comment at all Planning Board Meetings or Hearings for the interpretation.
(v) Any parties aggrieved or adversely affected by any decision of the Chief Planning Official may
seek Administrative Appeal review with the Board of Zoning Appeals through the procedures
identified in §375-505(12)(b)(i) of the USDO.55
Interpretations – Specific Procedures
(a) REVIEW CRITERIA.
(i) An interpretation request shall be reviewed by the Chief Planning Official to make a
determination on whether the proposed interpretation:
A. Is consistent with any provisions of this USDO and the Albany City Code;
B. Is consistent with the Comprehensive Plan;
C. Will not create risks to public health or safety;
D. Has identified and determined that the interpretation would not result in any significant
negative land use impacts, and
E. Would avoid an arbitrary and capricious delay in the review of a pending application that
could otherwise be reviewed through the procedures of §375-505(24) of the USDO
(Amendment to Zoning Map or USDO Text).
(ii) The Chief Planning Official’s decision shall be one of the following:
A. Issue the interpretation with no recommended text changes;
B. Issue the interpretation with recommended text changes for the next Annual USDO
Review as identified in §375-505(24)(d)(ii)(H) of the USDO;
C. Issue the interpretation and recommend immediate amendment to the text of the USDO
through the general procedures of §375-505(24)(b) of the USDO.
D. Refer the issue to the Planning Board and Common Council through the submission of an Amendment to the
USDO Text Application through the general procedures of §375-505(24)(b) of the USDO.USDO Review Website http://albanyny.gov/1919/USDO-Review
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