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REQUEST FOR PROPOSALSSouth Buffalo Brownfield Opportunity Area Step 3 Coordinator, Implementation Strategy,

and Final Brownfield Opportunity Area Plan

OVERVIEWProposals are being solicited from consulting firms for a Step 3 Coordinator to assist the Buffalo UrbanDevelopment Corporation (BUDC) in coordinating and preparing the South Buffalo BrownfieldOpportunity Area (“SBBOA”) Step 3 Implementation Strategy and Document—detailed plans that willbe used to ensure the SBBOA Nomination Document (Exhibit A - South Buffalo BrownfieldOpportunity Area Nomination Document Executive Summary) objectives are achieved.

The Implementation Strategy will include the specific techniques, range of projects, local managementstructure, and other actions needed to achieve the SBBOA’s desired revitalization objectives, with actionscategorized and described in priority order to include the short-, intermediate-, and long-term private andpublic actions and investments necessary to redevelop the area or achieve the desired changes. TheImplementation Strategy will also describe the timeframe and schedule for when actions will be taken,their estimated cost, the responsible entity, and potential funding sources.

Key objectives include: Coordinating all Implementation Strategy initiatives. Designing and implanting a meaningful community and public outreach plan. Defining future or end land uses for all underutilized sites, with an emphasis on strategic

sites. Establishing implementation techniques such as zoning, design standards and guidelines, and

specially designated areas to accelerate desired redevelopment of strategic sites. Completing a marketing strategy and marketing materials to aid in leveraging resources to

redevelop strategic sites and other necessary improvements to revitalize the community. Completing a neighborhood improvement program to promote the renewal of the local

neighborhoods and demonstrate a continued commitment to the South Buffalo Community. Establishing and describing the local management structure to ensure implementation of the

Final BOA Plan. Describing the actions and programs at the local, county, state and federal levels necessary to

achieve the SBBOA’s specific objectives. Drafting all local laws, regulations, standards, and other measures necessary for the

implementation of the Final BOA Plan. Negotiating site access agreements on privately owned properties that have been determined

to be in need of environmental site assessments.

The project will culminate with the preparation of the Final Brownfield Opportunity Area Plan which willconsist of the Nomination Document (already completed); the Step 3 Implementation Strategy Document;and a revised Executive Summary (Exhibit B – Components of the Final Brownfield Opportunity AreaPlan). The Step 3 Coordinator will be responsible for coordinating the integration of various Step 3initiatives, including those being undertaken under separate contracts with other consulting teams,into the overall document, planning process, and public consultation process.

The project is being sponsored by the City of Buffalo and Buffalo Urban Development Corporation(BUDC) under a Step 3 Brownfield Opportunity Area grant from the New York State Department of State(DOS). Given the broad scope of work, the sponsors encourage proposals from teams of consultants withvarying skill-sets, and if possible, collaboration with local firms. All proposals must submit a statement

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indicating that the firm/team submitting the proposal will work toward a business utilization goal forminority business enterprise of 10% and women business enterprise of 10%.

BACKGROUND/EXPERTISE OF PARTICULAR VALUE: Urban planning with experience in Brownfield Opportunity Areas and/or other brownfield

redevelopment and reclamation projects Experience in green infrastructure, low impact design and sustainable developments Experience in financial planning and modeling for sustainable developments Experience in park and open space planning Experience with active river systems, harbors, and shipping/ freight logistics Environmental engineering Land use legal expertise Community organizing and meeting facilitation Marketing /graphic design experience

BUDC RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS, AND THE RIGHT TOWAIVE ANY INFORMALITIES THEREIN.

PROJECT LOCATION:The study area is the 1,968 acre SBBOA, home for most of the 20th century to steel plants and associatedindustries, located approximately two miles from the city of Buffalo’s central business district. TheSBBOA is generally bounded by NYS Route 5 on the west, Hopkins Street and South Park Avenue on theeast, the Buffalo River on the north and the City of Buffalo/City of Lackawanna municipal boundary onthe south. Due to the scale of the SBBOA, it has been divided into nine precincts with distinct qualities,assets, and potential, each with a logical collection of land parcels, and a unique development emphasis(Exhibit A - Executive Summary: BOA Site in the Greater Buffalo Area, p. iv; BOA Boundaries, p. v;and Precinct Areas, p. xxiii).

PROJECT CONTEXT

Regional DataThe 2010 Census reported the Buffalo-Niagara MSA (the counties of Erie and Niagara) population at 1.14million, ranking it as the 47th largest MSA in the country. Buffalo-Niagara boasts an educated workforce,a real estate market that is competitive on a national basis; and strong regional connections - Buffalo isthe 5th largest trade city in the US and is accessible to large portions of the US and Canada. Moreover, theregional economy continues to diversify. Sectors experiencing the strongest job growth includeconstruction, education and health services, government, and professional and business services.Healthcare and banking serve as economic engines with large private sector employers including KaleidaHealth, Catholic Health System, HSBC Bank, M&T Bank, Bank of America and First Niagara. Thegrowing presence of institutional anchors such as the Buffalo-Niagara Medical Campus and University atBuffalo are expected to be future sources of job growth.

While slow regional population growth is still a challenge, the city of Buffalo and the Western New Yorkregion have devoted significant resources to understanding the region’s needs, developing andimplementing plans to meet these needs, and evaluating progress. These plans can be found in theSBBOA Master Plan, The Queen City Hub Plan, the Buffalo Green Code, The Olmsted City: The BuffaloOlmsted Park System Plan for the 21st Century, the Buffalo Building Reuse Project, the Erie-NiagaraFramework for Regional Growth, and particularly the Western New York Regional EconomicDevelopment Strategic Plan which identifies brownfield redevelopment as a regional priority. In fact,

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Buffalo Lakeside Commerce Park and Ship Canal Commons, the 200-acre premier brownfieldredevelopment project in the city of Buffalo, located within the SBBOA and developed under the auspicesof BUDC, exemplifies these principles. Nearly $30 million has been invested by New York State, ErieCounty, the City of Buffalo, and National Grid in site preparation and infrastructure construction totransform this once contaminated land into a mixed-use light-industrial and office park, and public openspace.

South Buffalo Brownfield Opportunity AreaOver the next several decades, the SBBOA – the largest in the state to receive funding - will betransformed into a mixed-use community that includes a range of employment, retail, residential, openspace and recreational uses intended to become a key contributor to the economic health of the city ofBuffalo and the Buffalo-Niagara region (Exhibit A - Executive Summary: Land Use, p. xvi andDemonstration of Build Out Potential, p. xvii). The City of Buffalo recently completed a SBBOANomination Document through a BOA Step 2 grant from the New York State Department of State. TheNomination Document includes a comprehensive analysis of the broader BOA area and land userecommendations focusing on Smart Growth principles - balancing the need for economic developmentwith the need to preserve and enhance the built and natural environment. The Nomination Documentincorporates a range of Smart Growth concepts which include diversifying the employment base tosupport greater economic resiliency; fostering distinctive communities to create a strong sense of place;mixing land uses and increasing densities to support multi-modal transportation and to discourage sprawland auto dependence; and preserving open space and critical environmental areas to add ecological andeconomic value.

Following the Nomination Document process, the SBBOA was awarded a BOA Step 3 ImplementationStrategy grant from DOS that will allow for more detailed plans for specific areas to advanceredevelopment efforts, as well as feasibility analysis required to confirm the viability of potentialredevelopment opportunities.

Current Project Site ConditionsThe SBBOA is categorized by a mix of land uses, including existing light and heavy industrial uses, railyards, landfills, scrap yards, commercial, residential, and park and open space uses, and private andpublically owned vacant, abandoned and /or underutilized sites that formerly served heavy steelmanufacturing industries. Within the SBBOA, there are approximately 292 sites that are generallycharacterized as brownfields, abandoned or vacant sites. These sites together comprise a category ofproperty within the SBBOA identified as underutilized, or lands that may available for development.These sites are the primary focus of the Implementation Strategy.

GENERAL QUALIFICATION STATEMENT REQUIREMENTS:I. Experience of Firm/Project Team

Teams responding to this RFP should demonstrate their experience in similar projects or projectswith elements that can be applied to this project (see I. Scope of Services below). Each team isencouraged to have a member that is licensed to practice architecture and engineering in NewYork State. Qualification statements should include an organizational chart, identifying theproject manager and team members, with their titles. All proposed sub-consultants must also beidentified, along with their project managers and key personnel.

II. Experience, Depth, and Breadth of PersonnelThe project team should have a full-range of relevant expertise in project management andcoordination, urban planning, environmental engineering, marketing and community organizing(see p. 2 - BACKGROUND/EXPERTISE OF PARTICULAR VALUE). Primary personnel in

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each of the noted disciplines must be identified by name and office location, with resumesincluded, and should demonstrate satisfactory experience and depth of knowledge.

GENERAL PROPOSAL REQUIREMENTS:I. Scope of Services

The purpose of the Implementation Strategy and Document is to provide a description of thetechniques and actions to implement the SBBOA’s objectives. Consultant firms responding tothis RFP are expected to include in their proposals a detailed narrative explaining the approach,products, and tasks to be included in the Implementation Strategy preparation. At a minimum, theScope of Services should include the following general components (For a list of products andmaps that correspond with each section under I. Scope of Services see Exhibit C –Implementation Strategy Document: Products and Maps).

NOTE: The Scope of Services has been prepared in line with the work plan and Final BrownfieldOpportunity Plan identified in the SBBOA contract from the NYS Department of State as aproposal guideline. It is the respondent’s responsibility to add any other services and tasks thatthe consultant feels are necessary to complete the project.

Several initiatives included in the Step 3 Implementation Strategy are currently being prepared bythe City of Buffalo through city-wide planning efforts; or have already been completed or will beprepared under separate subcontract as part of the South Buffalo BOA Step 3 implementation.For some tasks, the consultant selected may only be responsible for collecting and reviewingpreviously compiled data, updating outdated information, and incorporating the data into theBOA Final Plan. The team/firm selected should be prepared to coordinate and cooperate asneeded with other consultant firm(s), the City of Buffalo, and other entities that is/are selected tocomplete these elements of the Implementation Strategy. Moreover, the firm selected will beresponsible for incorporating all findings into the BOA Final Plan. Responses to this RFP fromconsulting firms/teams that provide an approach to logically coordinate all of the disparateelements of the BOA Final Plan will be the most competitive.

These components and their statuses include:

Section Task Status

C. Define and describe future land uses Included in Nomination Document andBuffalo Green Code (the City’s new unifieddevelopment ordinance)

D. Land Use Implementation Techniques Included in Buffalo Green Code, Union ShipCanal Urban Renewal Plan, and RiverBendMaster Plan

E. Marketing the BOA Materials exist for Lakeside Commerce Parkand RiverBend.

F. 1. RiverBend Site and Development Plan2. Golf Course Feasibility Study3. Recreation Needs Assessment and

Feasibility Study4. Sustainability Center

Completed under separate contractUnder separate contractUnder separate contract

Under separate contract

J. Local Implementation Laws and Measures Included in Buffalo Green Code

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K. Prep of Site Assessments Some sites included in work completed forSection F. under separate contract.

L. NYS Environmental Quality Review ActCompliance

Being prepared by the City of Buffalo under acity-wide Generic Environmental ImpactStatement for the Unified DevelopmentOrdinance

A. Step 3 Project CoordinationThe Step 3 Coordinator is responsible for assisting BUDC with the coordination andintegration of various elements of the Step 3 Implementation Strategy into the overallplanning process, public consultation process, and Final BOA Plan (see section M.). At aminimum, the Step 3 Coordinator will:

1. Be responsible for all Step 3 Implementation Strategy activities (detailed insections B-L).

2. Hold coordination meetings with project representatives and stakeholders forvarious Step 3 Implementation Strategy activities (detailed in sections B-L) toensure that all activities are proceeding in a harmonious manner and thatdocumentation for each initiative is appropriately integrated into theImplementation Strategy Document.

3. Work with the City, BUDC, DOS, and other community stakeholders, to ensurethe BOA Step 3 Implementation Strategy Document is carried out in accordancewith project requirements.

B. Design and Implement Community Participation PlanCommunity and public outreach will serve to inform the public about the project andserve as a means for the public to participate in forming the plan and implementationmechanisms, thus ensuring community understanding and support. Community outreachmethods and techniques will be used to ensure public participation throughout the courseof preparing the Implementation Strategy. Community and public participation will occurearly and consistently in the process through informational meetings, workshops, projectpresentations, and public education. Public participation will include, at a minimum:

1. The use of a local steering committee to guide the plan's preparation.2. The preparation, update and maintenance of a community contact list that

includes individuals and organizations with a stake in the proposed action to beused on a regular basis to keep the contacts informed of progress on the plan.

3. The presentation/review of the Nomination Document, and review of thecommunity's vision statement, goals and objectives, existing conditions, strategicbrownfield sites, and the analysis and findings.

4. A public presentation and informational meeting on the draft ImplementationStrategy that describes, and allows feedback on, establishing future uses andimplementation techniques for revitalization.

5. The status and results of site assessments that are underway or have beencompleted for strategic brownfield sites.

C. Define and Describe Future Land Uses for All SitesBuilding on the Nomination Document and in coordination with the Buffalo Green Code,the City’s new unified development ordinance, develop a refined description of the mostappropriate range of future land uses for the entire SBBOA and individual strategic sitesbased on the most recent feasibility studies, and the area-wide analysis, including theeconomic and market trends analysis, community outreach and informational meetings,consultations with government agencies, and discussions with private-sector interests.

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1. Future land uses should be described in terms of, including but not limited to,residential, commercial, retail, industrial and manufacturing; parks and dedicatedopen space; and cultural and institutional uses.

2. The narrative will include a description of the range of improvements necessaryto establish the desired future uses in terms of supporting infrastructure, utilities,transportation systems, parking lots or garages, and any other associatedimprovements or upgrades.

D. Identify Land Use Implementation Techniques Under City-Wide Green Code toEnsure Desired Land Uses MaterializeWorking in coordination with the Buffalo Green Code, the City’s new unifieddevelopment ordinance, provide a description of the techniques that will be used toachieve desired end land uses. In the event the Green Code does not provide the level ofdetail needed to meet the land use implantation techniques described below, theconsultant will be required to provide additional information beyond that included in theGreen Code.

Techniques may include but are not limited to the following:

1. Zoning and Other Local LawsDescribe the need for new or necessary revisions to existing, zoning, site planreview and any other local laws to ensure desired end land uses in the SBBOAand on strategic sites undertaking the following activities:a. Overall coordination of land use regulations and design guidelines for the

SBBOA in conjunction with the RiverBend Master Plan, Union Ship CanalUrban Renewal Plan (Buffalo Lakeside Commerce Park), and the BuffaloGreen Code.

b. Detailed zoning recommendations for the Hopkins Street Corridor andadjacent neighborhoods to remove existing land use conflicts caused by thevarious industrial/commercial uses that are interspersed in theneighborhoods, and provide a sensible transition between the employmentcenters proposed for RiverBend and the South Buffalo community.

c. Incorporating provisions that encourage green/sustainable development.d. Incorporating Form-Based Zoning where appropriate (particularly in mixed-

use centers) to establish a method of regulating development to achieve aspecific urban form for South Buffalo, and create a predictable public realmby controlling physical form primarily, with a lesser focus on land useregulations, and include all NYS legal statutory requirements, includingenabling legislative actions/municipal actions and a review of environmentalrequirements to effectuate the same.

e. Identifying any other local laws to achieve future land uses and to ensureimplementation.

2. Design Standards and GuidelinesProvide any design standards and guidelines necessary to ensure that futuredevelopment and associated building structures will be compatible with the site,adjacent land use, and overall community character. At a minimum, building andstreetscape design standards and guidelines will be prepared for RiverBend, theBuffalo Lakeside Commerce Park (BLCP), and areas adjacent to Hopkins Street.

3. New or Modifications to Existing Economic Districts or Designations

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If necessary, identify the need to create new, or to modify existing, districts ordesignations intended to spur investment, redevelopment, and revitalization suchas Business Improvement Districts. Specific activities will include be not belimited to:a. Identifying sites that can be pre-determined as brownfield sites and have the

potential for future consideration for the State’s Brownfield CleanupProgram.

b. Development or identification of incentives targeted towards industries thathave the potential for long-term, sustainable growth, including an analysis ofpotential application in the SBBOA.

c. Propose Green Development Incentives to encourage LEED certifiedconstruction, storm water management and other sustainable developmentpractices; and incentives for attracting renewable energy projects to theSBBOA.

d. Non-financial incentives or other programming will be investigated thatcould potentially reduce the cost of doing business. For example, offering“one-stop shopping”, or a single point of contact for all of the local tax,incentive, zoning, and employment questions, may help attract firms to thearea. The opportunity to offer pre-permitted development sites for proposalsconsistent with the BOA Plan should also be explored.

E. Marketing the BOAReview existing marketing materials for Lakeside Commerce Park and RiverBend,identify other strategic sites within the SBBOA, and prepare site profiles, graphics andillustrative materials, a marketing strategy, and a marketing brochure for use inpromoting the area as ready for public and private investment. Activities will include butare not limited to the following:

1. Profiles of Strategic Sites for Marketing PurposesDescriptive profiles of strategic sites will be prepared to publicize and market thesite's availability for redevelopment for desired end land uses. The descriptiveprofiles will be designed so they can be included in real estate portfolios,marketing brochures, or for posting on web sites. Minimum site profilerequirements will include, but are not be limited to:a. Site name and location, including owner, site address, size in acres, and map

location.b. Current use/status.c. Infrastructure.d. Use potential (residential, commercial, industrial, recreational) and potential

redevelopment opportunitiese. Other elements as identified by the Empire State Development Corporation.

2. Graphics and Illustrative MaterialsConceptual plans, elevation drawings, section drawings, perspective drawings toconvey to municipal leaders, community based organizations, residents, andinvestors how strategic sites, streetscapes and other areas of interest have thepotential to appear after development or improvements are completed. This willbe completed for five to seven sites, possibly including sites in Riverbend, theproposed golf course, Tifft Nature Preserve, and Buffalo Lakeside CommercePark.

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3. Marketing StrategyWorking with Buffalo Niagara Enterprise, the contractor will develop amarketing strategy for the SBBOA that recognizes and promotes the distinctredevelopment opportunities in the various precincts of the SBBOA, as identifiedin the Nomination Document, and clarifies distinctive opportunities based on theeconomic & market trends analysis and new land use plan.

4. Marketing BrochureA high quality marketing brochure will serve as a marketing and promotionalpiece to build public and private support for revitalization of the BrownfieldOpportunity Area. Such brochure will:a. Summarize the plan's objectives.b. Describe planned projects, including public-sector and private-sector roles,

investments, and responsibilities, to revitalize the area and to achieveSBBOA objectives.

c. Include a map of the study area that shows the location of key projects andimprovements in the study area.

d. Additional marketing materials may be developed for the BOA whichprovides user friendly information that highlights the developmentopportunities in the SBBOA and includes graphics that attractively illustratethe vision of the overall SBBOA and its specific strategic development areas.

F. Implementation ProjectsFour studies have been identified to address an issue or advance a project; or to lead topreconstruction or construction activities in the SBBOA. These projects have been or willbe completed under separate contract. The consultant is responsible for coordinating withthe subcontractor responsible for each of the studies, reviewing materials and revising asnecessary, and incorporating each of the following studies into the BOA Final PlanDocument:

1. RiverBend Site and Development Plan2. Golf Course Feasibility Study3. Recreation Needs Assessment and Feasibility Study4. Sustainability Center

G. Neighborhood Revitalization Programming/OutreachA neighborhood plan, focusing on the Hopkins Street Corridor, will be designed to fosterneighborhood renewal and better integration between the residential community and theredeveloping employment centers and green spaces. The goal of this neighborhoodinitiative is to develop a strategic approach to community revitalization that willcomplement the other initiatives called for in the SBBOA. Associated activities willinclude the development of:

1. Neighborhood renewal committee and outreach program.2. An inventory and diagram of existing neighborhood and housing agencies,

organizations, and programs operating in the SBBOA neighborhoods.3. Neighborhood needs assessment including a basic demographic analysis, a

housing conditions analysis, an evaluation of other physical features of theneighborhood (such as streetscape elements), and an outline of existing andpotential housing programs.

4. A housing rehabilitation program utilizing data from the needs assessment todevelop a program aimed at providing incentives and assistance for improvingexisting housing stock.

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5. Neighborhood infill guidelines providing a set of recommended designconsiderations for future infill projects.

6. Other neighborhood revitalization recommendations.

H. Local Management Structure to Implement BOADescribe the designated agency and administrator that will be responsible for the overallmanagement and coordination of the SBBOA and serve as the primary sponsor to leadand advance implementation projects. Activities will include but not be limited to:

1. Description of existing project management structure and resources; andinvolved local agencies and their specific roles in the various implementationactivities called for in the BOA Plan.

2. Identification of successful examples of project management structures forsimilar revitalization efforts.

3. Description of recommended project management roles and needs as well as theorganizational structure required to advance the implementation of the FinalBOA Plan.

4. Description of financing model required to advance the implementation of theFinal SBBOA Plan.

I. Regional, State, and Federal Actions and Programs for ImplementationDescribe the actions and programs at the local, county, state and federal levels necessaryto achieve the specific objectives identified in the Nomination Document. Types ofassistance may include:

1. Technical assistance, financial assistance, permitting, and direct actionsundertaken by an agency, such as road or park construction.

2. Development of a comprehensive list of local, state and federal programsrelevant for implementing key strategic initiatives of the BOA.

3. Identification of grant opportunities for highest priority BOA initiatives, andpotentially outlining or completing related grant applications.

J. Local Implementation Laws and MeasuresIf not included in city-wide Green Code, draft all local laws, regulations, standards, andother measures necessary for the implementation of the BOA Plan.

K. Preparation for Site AssessmentsAn analysis was undertaken during the Nomination phase of the SBBOA to determine thescope and location of strategic site parcels for which site assessments and/or remediationwould be necessary and appropriate to spur redevelopment in accordance with the BOAPlan. Per the analysis, a total of 86 individual tax parcels on approximately 311 acreswere identified as priority strategic sites for which site assessments were recommended.Not all 86 parcels will be included in the site assessment for this project. Sites selectedwill be based on the ability to obtain access to the land; and will likely exclude parcelsincluded in Section F of this RFP. The consultant will assist where needed to:

1. Coordinate legal assistance to negotiate, develop and execute site accessagreements on privately owned properties that have been determined to be inneed of environmental site assessments.

2. Acquire “temporary incidents of ownership” for the assessment and potentialcleanup of suspected contaminated properties that are in tax foreclosure.

3. Conduct analysis of environmental insurance options.4. Determine feasibility of leveraging the DEC Brownfield Cleanup Program

(BCP), and/or brownfield federal tax incentives for any of the sites.

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5. Determine the potential to develop housing on any of the sites.

L. NYS Environmental Quality Review Act ComplianceThe SBBOA Generic Environmental Impact Statement is being prepared by the City ofBuffalo under a city-wide Generic Environmental Impact Statement for the Green Code,the City’s new Unified Development Ordinance. The consultant will be responsible forworking with the City to incorporate the Generic Environmental Impact Statement intothe Final Brownfield Opportunity Area Plan.

M. Final Brownfield Opportunity Plan1. Draft Brownfield Opportunity Area Plan, inclusive of the Draft Generic

Environmental Impact Statement, and revised Executive Summary2. Print and Distribute Draft BOA Plan for distribution and review by local, state

and federal agencies. All agencies have 60 days to comment on the draft3. Consultation on comments received and prepares and distributes a letter

summarizing points of agreement regarding the nature and extent of revisions tothe BOA Plan.

4. Preparation of the draft Final Brownfield Opportunity Area Plan whichincludes the Nomination Document (already completed); the Step 3Implementation Strategy document, and a revised Executive Summary. Thefinal BOA Plan will include the Final Generic Environmental Impact Statement.

5. Designation of the Brownfield Opportunity AreaUpon DOS receipt and acceptance of the Final BOA Plan, and following localadoption of the Plan and local implementation measures (laws, regulations,etc.), as appropriate, the consultant will aid in requesting designation of theBrownfield Opportunity Area.

6. Print and distribute BOA plan and web posting of executive summary

II. Approach and MethodologyRespondents to this RFP should include a brief narrative explaining their approach. The narrativeshould outline the products and tasks to be provided in response to the recommended Scope ofServices outlined above.

III. Work ScheduleProposals should include a schedule for each major component of the work and a detailed breakdownof man hours for assigned personnel for each proposed task included in the Scope of Services.

IV. Cost and BudgetThe design consultant contract will be a fixed-price or lump sum cost contract. Therefore, allproposals must contain a Lump Sum Cost Proposal for the scope of services delineated, inclusive ofall expenses (there will be no reimbursables). Proposals must include a breakdown by the categoriesoutlined, and take into consideration work in the Final BOA Plan being completed by other parties.

V. Hourly Personnel RatesAs a supplement, a schedule of billable rates for all key personnel (Principal-in-Charge, ProjectManager, primary personnel for each design discipline, etc.) must be included in the proposal.Proposals must also include the ranges of billable rates for technical staff and support personnel.

Minority and Women-Owned Business Enterprise UtilizationThe City of Buffalo and Buffalo Urban Development Corporation strongly encourage participation byMinority- and Women-Owned Business Enterprises as part of the team submitting qualifications for this

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work. All proposals must submit a statement indicating that the firm/team submitting the proposal willwork toward a business utilization goal for minority business enterprise of 10% and women businessenterprise of 10%.

Restrictions on Bidder Communications with BUDC (Exhibit D)Pursuant to State Finance Law §§139-j and 139-k, this Request for Proposals imposes certain restrictionson communications between Bidders and BUDC during the procurement process. Bidders are prohibitedfrom making contacts (whether oral, written or electronic) with any BUDC personnel or BUDC Boardmember other than the designated BUDC staff member (unless the contact is otherwise permitted underState Finance Law §139-j(3)(a)). In addition, Bidders are hereby notified that any contact with any BUDCpersonnel, BUDC Board member or the designated BUDC staff member which a reasonable personwould infer is intended to influence the award of the contract under this Request for Proposals isprohibited. These prohibitions apply from the Bidder’s earliest notice of BUDC’s intent to solicitproposals through the final award and approval of the procurement contract (“Restricted Period”). Forthe purposes of this Request for Proposals, the designated BUDC staff member is Peter Cammarata(pcammarata@ecidany.com)

SUBMISSION OF PROPOSALS:There is no restriction on the length of a proposal; however, respondents are encouraged to be as conciseas possible.

An informational meeting will be held on Friday, November 16, 2012 at 9:00am at theBUDC/ECIDA Offices to address any general questions that potential respondents may have regardingthis RFP. The meeting is strongly recommended. Any other requests for RFP interpretations should bemade in writing to BUDC (faxes will be accepted at 716-856-6754, attn. Peter Cammarata; or e-mail topcammarata@ecidany.com). No requests for oral interpretations via the telephone will be accepted.Six (6) copies plus one (1) electronic copy of the proposal must be submitted, no later than Thursday,December 6, 2012 by 4pm to:

Peter CammarataPresident

Buffalo Urban Development Corporation143 Genesee StreetBuffalo, NY 14203

SELECTION PROCESS:In consultation with DOS, the City of Buffalo and BUDC will review all proposals received as a result ofthe RFP. Based on the reviews of the consultant proposals, BUDC will prepare a list of the top-rankedcandidates and conduct interviews of the top-ranked candidate consultants.

At a minimum, the following criteria will be used to evaluate responses:

Quality and completeness of the response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhancements to information requested. Cost-effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be performed. Reputation among previous clients. Ability to complete all project tasks within the allotted time and budget.

Incomplete proposals that do not address all of the requested components will not be accepted for reviewand consideration. The consultant selected is subject to approval by the DOS.

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Notification of the selected proposal is expected to be made on or about February 1, 2013.

Following the consultant selection, the city of Buffalo, BUDC, DOS, Department of EnvironmentalConservation (DEC) and the selected consultant will hold an initial scoping meeting to review project,contract requirements, site conditions, and to transfer any information to the consultant which wouldassist in completing the project. Topics will include but are not limited to the following:

Project scope Study area boundary Community participation and visioning process Project goal and objectives Existing relevant information (maps, reports, etc.) BOA Nomination report Access to information on past or current projects related to the NYS Brownfield Cleanup

Program, the Environmental Restoration Program, the Volunteer Cleanup Program, Superfund,and petroleum spills, including DEC's on-line databases, GIS maps, site summary sheets for keyprojects, etc.

Responsibilities of the participants Time frames and deadlines Expected products.

The consultant will prepare a brief meeting summary to clearly indicate the agreements/ understandingsreached at the meeting; and will prepare a project outline approved by DOS that reflects the outcome ofthe project scoping meeting and guides the preparation of the Implementation Strategy.

The meeting summary will help inform the execution of a contract containing a detailed work plan withadequate opportunity to review stages in completion of the study, a payment schedule tied to receipt ofacceptable products in the work plan, and project cost,

BUDC does not assume the responsibility or liability for costs incurred by firms responding to this RFPor to any subsequent requests for interviews, additional information, submissions, etc. prior to issuance ofa contract.

Timeline

Issue RFP Friday, October 19Informational Meeting Friday, November 16, 9:00amRFP Deadline Thursday, December 6, 4:00pmFirm/Team Interviews Week of January 7-11Advisory Committee Selects Firm/Team January 24BUDC Board Meeting Final Approval January 29Notification By February 1Contract executed March 1

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA

NOMINATION DOCUMENT

EXECUTIVE SUMMARY

April 2010

FINAL DRAFTFINAL DRAFT

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENT

Introduction

A. Project Overview and Description

B. Public Participation Process B.1 Understanding Audiences B.2 Communication Strategies B.3 Consultation Events C. Existing Conditions, Economic Challenges and Opportunities C.1 Local and Regional Demographic and Market Trends C.2 Land Base of the BOA C.3 Economic Analysis D. Community Vision and Principles

E. The South Buffalo BOA Master Plan E.1 Prevailing Themes E.2 Land Use E.3 Development Performance Criteria E.4 Precinct Areas E.5 Phasing E.6 Key Recommendations

F. Strategic Sites and Remediation Strategy

EXECUTIVE SUMMARY

Table of Contents

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South Buffalo BOA 1920s

EXECUTIVE SUMMARY i

Introduction

Situated on the shores of Lake Erie and the Buffalo River, at the crossroads of a number of important transportation networks, the approximately 2,000 acre South Buffalo Brownfi eld Opportunity Area (BOA) represents an immense opportunity for the City of Buffalo and the Buffalo-Niagara region. An expansive area of well serviced, formerly industrial, now vacant and underutilized land, the BOA has signifi cant potential for redevelopment and return on investment. Properly strengthened and leveraged, the BOA can refocus growth and diversifi cation back to the core of the City, providing a strong catalyst for economic renewal in the City and the Region and supporting long term community reinvestment.

This document is a summary of the full Nomination Document, including the detailed analysis and Master Plan of the South Buffalo BOA. The Nomination Document is intended to be the framework to guide to the redevelopment of the BOA, including the rehabilitation of brownfi eld, abandoned and/or vacant sites, the enhancement of parkland, the creation of new recreational, employment and mixed-use opportunities and increased access to and within the site. The outcome of a detailed study and

ExecutiveSummary

program of stakeholder and public consultation, the Nomination Document is divided into six sections:

an overview of the project and boundary;• the Community Participation Plan;• an analysis of the BOA;• a summary of the elements that infl uenced the • Master Plan, such as Smart Growth concepts, a series of Master Plan Principles and a Community Vision;the Master Plan; and,• a Remediation Strategy for Strategic Sites.•

The project overview and Community Participation Plan explain the BOA’s context and the engagement process incorporated throughout the study. The BOA analysis begins with an overview of the demographic and market setting, followed by a review of the challenges and opportunities facing the City and Region, a detailed examination of the BOA land base and a summary of economic and market trends, allowing for an understanding of the BOA’s full development potential. The Principles synthesize the Nomination Document’s key messages, incorporate input from the project’s steering committee and the general public and

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTii

underpin the Master Plan. The Master Plan provides an overall concept to guide redevelopment of the BOA, including a description of proposed land uses and potential phasing. The fi nal section outlines the strategy for the assessment and remediation of strategic sites.

The Nomination document provides the foundation and basis for the South Buffalo BOA to be considered as an approved BOA. With this designation, the site and many properties become eligible for site assessment funding. In addition, the South Buffalo BOA has been identifi ed as a Brownfi elds Smart Growth Spotlight Community. Together with the Vision and Master Plan, these two designations provide signifi cant incentive and momentum to transform this underutilized site into a high value employment area complemented by a mix of new uses, strengthened communities and signifi cant open space and natural areas, which adds value to both the South Buffalo community and the City as a whole.

A. Project Overview and Description

The City of Buffalo is the second largest city in the State of New York and is the transportation hub of the Buffalo-Niagara Region. The City is located on the shores of the Niagara River, at the eastern end of Lake Erie. It is the fi fth busiest trade city in the U.S. and at the center of North America’s fi fth largest market, with access to over 9 million consumers living within a 125-mile radius. A former industrial giant, the City is now the center of the Buffalo-Niagara region for law and administration, government banking and business, technology and communications, media and creative services, health care and medical research, culture and heritage, sports and entertainment, restaurants and retailing.

Due to economic restructuring over the past several decades, Buffalo now fi nds itself in a state of transition. Its older factories, not easily adapted to the requirements of the new economy have been closing down for some time. The slow and permanent decline of large scale heavy manufacturing industries combined with an increasing substitution of technology for labor has resulted in a fewer number of high paying, career-path jobs. As a result, the City and Region have been losing industrial sector jobs and population for decades.

As older factories close down, they leave behind large empty tracts of land. Lower environmental standards during the fi rst half of the 20th century have meant that many of these sites are contaminated and in need of signifi cant rehabilitation before they can be reused. However, as they are often located in well serviced, prime locations – on waterfronts, and next to rail, highway and utility corridors – these brownfi eld areas provide signifi cant prospects for redevelopment, economic centralization and a recapturing of the former strength of the core of the City. Just as their strategic position renders

EXECUTIVE SUMMARY iii

them valuable, so does the fact that development of these places takes pressure off of important environmental and agricultural areas, which are often compromised by continued suburban growth and decentralization of the City and Region.

Recognizing the potential of these sites for economic and community rejuvenation, the New York State Department of State (NYSDOS) and the New York State Department of Environmental Conversation (NYDEC) have established a Brownfi eld Opportunity Areas (BOA) program to give communities the resources need to plan for the rehabilitation and revitalization of underutilized Brownfi eld land. The BOA program provides communities with grants to prepare a three step BOA Plan for specifi c brownfi eld sites. Step 1 of this process, the Pre-Nomination Study, involves the selection and provision of basic information concerning an area in need of Brownfi eld cleanup and redevelopment. Step 2, the Nomination Study contained in this report, is made up of a thorough description of the project, boundary and existing conditions, an intensive public consultation plan, and an in-depth analysis of the proposed BOA, including a Master Plan. Step 3 constitutes the Implementation Strategy, which lays out the direction for overall implementation, as well as the means by which key strategic sites will be rehabilitated and redeveloped. This three step process culminates in the designation of the candidate BOA as an offi cial BOA; a designation which unlocks signifi cant funding for site rehabilitation. Upon acceptance of this study, the City of Buffalo will apply for enrolment into the third step of the BOA program.

The 1,968 acre South Buffalo BOA is located a few miles south of downtown and is the largest BOA to date to receive funding in the State of New York (Map ES.1). It is within the southwest portion of the City of Buffalo, Erie County, in the western region of New York State. It is bounded by NYS Route 5 on the West, the Buffalo River on the north, Hopkins Street and South Park Avenue on the east and the

City of Buffalo-City of Lackawanna municipal boundary on the south (Map ES.2). Lake Erie is located to the immediate west of the BOA, directly across Route 5. The BOA represents the portion of the City having the largest geographic concentration of former heavy industries. Today, apart from the New Village Industrial Park and CSX Intermodal rail yard to the south, underutilized industrial lands north of the Buffalo River, and the RiverWright renewable energy facilities on the northwest, the immediate development context is primarily low rise residential, including the Old First Ward to the north of the Buffalo River and the neighborhoods of South Buffalo to the east. Land ownership within the BOA is split almost 50/50 between public and private ownership, which provides the municipality with an important opportunity to establish and advance key catalyst projects which kickstart private sector reinvestment.

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTiv

TonawandaTonawanda

AmherstAmherst

CheektowagaCheektowaga

Village ofVillage ofSloanSloan

WestWestSenecaSeneca

HamburgHamburg

OrchardOrchardParkPark

DowntownDowntownBuffaloBuffalo

City ofCity ofBuffaloBuffalo

City ofCity ofLackawannaLackawanna

Village ofVillage ofKenmoreKenmore

South BuffaloSouth BuffaloBOABOABuffalo Skyway (#5)

Buffalo Skyway (#5)

Tift StTift St

Ridge RdRidge Rd

Hopkin St

Hopkin St

South Park AveSouth Park Ave

South Park AveSouth Park Ave

Main St.

Main St.

Genesee St

Genesee St

Walden Ave

Walden Ave

Broadway St.

Broadway St.

William St.William St.

Clinton St.Clinton St.

Delaw

are Ave

Delaw

are Ave

Niagara St

Niagara St

Mckinley Pkw

yM

ckinley Pkwy

Potters Rd

Potters Rd

Niagara Twy (190)

Niagara Twy (190)

Niagara Twy (190)Niagara Twy (190)

9090 219219

Kensington Expy

Kensington Expy

Scajaquada Expy

Scajaquada Expy

Map ES.1: BOA Site in the Greater Buffalo Area

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Map ES.2: BOA Boundaries

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTvi

B. Public Participation Process

Public and stakeholder participation has been an invaluable component of the Nomination process. Each element of the comprehensive engagement process - stakeholder interviews, public open houses, and steering committee meetings - contributed directly to the BOA analysis and evolution of the Master Plan. Public outreach at each stage of the planning process was synthesized into ten Principles, which in turn, directed the development of the Master Plan. The description of the public participation process is broken down into four parts. The fi rst focuses on understanding the audiences who must be engaged to ensure a successful, inclusive BOA planning process. The second presents the communication tools and strategies. The next two sections respectively outline the process for community participation and dialogue with identifi ed stakeholders.

B.1 Understanding Audiences

The comprehensive consultation strategy was designed to inform and engage the public in the development of the Nomination Document. Audiences included City Councilors, community leaders, the general public, neighborhood groups, businesses, community activists, landowners and the Steering Committee.

City Councilors, as representatives of the public interest and owners of the Nomination Document were kept actively involved through participation in public events, and by acting as points of contact for the broader community.

Community leaders, of critical importance for their leadership roles and access to wide social networks, were engaged through a stakeholder visioning session and stakeholder interviews early in the process.

A two-way conversation with the general public is key to any successful public participation

strategy and achieved through multiple techniques, including web-based information postings and citizen “bulletins” to solicit input, and fi ve public open houses which created a structured, facilitated forum to host a dialogue with the broad community about the future of the BOA.

Neighborhood groups and community activists, the former concerned with specifi c areas, and the latter with particular issues or interests, were also engaged through the open houses. Communication techniques which encouraged people to think broader than their own neighborhood or area of interest provided an effective means to address critical big picture socio-economic issues facing the community.

As landowners’ property rights may be affected by land use decisions, landowners were contacted on a one-to-one basis through key-stakeholder interviews to bring a needed measure of confi dential discussions to address issues and achieve input.

The Steering Committee was comprised of elected offi cials, residents and representatives from the several City and State departments, non-profi t organizations, the University of Buffalo and local businesses. It was charged with the task of advising the project team throughout the BOA process and functioned as an active partner in developing a long term 25 year vision for the BOA. The Steering Committee was involved at each stage of work through 9 Committee meetings, key discussions and 5 open houses.

B.2 Communication Strategies

A number of different outreach methods to ensure effective participation were employed throughout the consultation process. These include maintaining and building contact lists, the use of graphic and illustrative communications techniques, the development of project website, and the creation of project bulletins / newsletters.

EXECUTIVE SUMMARY vii

B.3 Consultation Events

The public participation plan was comprised of multiple types of events, designed to seek strategic input from a variety of potential partners, including residents, businesses and community groups and local and state agencies, in formulating and implementing the vision for the South Buffalo BOA Nomination document. A robust consultation program was emphasized to build momentum and support for the vision, and to cultivate support for the BOA objectives from multiple governmental agencies, the private-sector, not-for-profi t organizations and the general public.

Public Open Houses

Five Public Open Houses were held throughout the planning process to solicit input from the audiences identifi ed above. Each Public Open House was

structured to refl ect the stage of the planning process at which it was held. The fi rst entailed the introduction of the project to the community and a facilitated discussion of broad community goals, aspirations, opportunities and challenges. The second was comprised of a visioning workshop which sought to create a structured framework for incorporating a range of market based uses on the sites as well as identify needed area-wide improvements. These resulted in the development of a series of Principles representing the community vision for the BOA and allowed the consultant team to produce a range of land use development options, which refl ected these Principles. The initial options work was described and evaluated at a third public open house. The Principles and analysis of options formed the basis for the development of the draft master Plan, which was presented to the public at a fourth open house for review and commentary.

Steering Committee Working Session

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTviii

Feedback from the fourth open house was incorporated into the fi nal Master Plan, presented to the public at a fi fth and fi nal open house. In addition to presenting these materials, the fi nal open house acted as a formal conclusion of the BOA study and provided an overview of the next steps in the BOA process.

Steering Committee Meetings

Nine Steering Committee Meetings were held over the course of the BOA planning process. The diverse knowledge and expertise of the Steering Committee was drawn upon at critical junctures to inform key elements of the plan and vet important ideas and approaches prior to public open house events. These meetings focused on a range of topics including refi ning the study boundary, articulating a vision, evaluating options and reviewing the Master Plan and key implementation and remediation strategies.

Key Stakeholder & Small Group Sessions

These targeted consultations with key stakeholders and stakeholder groups were conducted early in the course of the project. These sessions were designed to inform community members about the study process; discuss, record and incorporate their views and opinions; and, identify the issues and concerns of primary importance to stakeholders.

Municipal Stakeholder Sessions

As municipal stakeholders have an intimate working knowledge of the BOA study area, and its political, social and economic context, they are invaluable partners in the planning process. These targeted sessions broadened the planning team’s access to local expertise and knowledge beyond the advice of the Steering Committee. Additionally, politicians have access to and represent a wide constituency, and as such they provided a key point of access to the broader community and the State.

Key Stakeholder Visioning Session

This session allowed those potential partners with an active role in shaping the future of the BOA area an opportunity to participate in the articulation of a vision for the future, and a chance to better understand how they might participate in that vision.

Spotlight Community Event

A day-long event highlighted the selection of the South Buffalo BOA as a Spotlight Community, a New York State initiative that demonstrates how existing state programs can support and complement local efforts to redevelop brownfi elds and simultaneously achieve neighborhood revitalization and smart growth objectives. The event included a presentation on the BOA and Master Plan, a tour of the BOA study area and a panel discussion on how best to advance key projects and initiatives through interdepartmental state coordination.

EXECUTIVE SUMMARY ix

C. Existing Conditions, Economic Challenges and Opportunities C.1 Local and Regional Demographic and Market Trends

In Buffalo and around the BOA, demographic and employment shifts refl ect overall stagnation, but opportunities exist within key economic growth sectors. The regional economic picture is not one of outright decline, but a result of major shifts in the employment base requiring economic and employment opportunity restructuring to capture new and emerging growth sectors. Buffalo is not alone facing this economic restructuring challenge -- it is experiencing what can be considered a national and global restructuring of the labor force and economy.

Particularly, while the Buffalo region has seen a sharp decline in its base of manufacturing employment, its employment base has grown in sectors such as scientifi c research, education and health care, and back offi ce insurance and fi nancial services. Further, while the manufacturing employment base has shrunk, it remains a key part of the overall economic base. The loss of manufacturing jobs is due in part to movement of businesses to other parts of the country or globe, but also due to the modernization and mechanization of manufacturing techniques. Technology in the modern manufacturing sector is critical to global competitiveness, but, as a consequence, requires fewer jobs.

To compete, the City must diversify its economic base into new sectors in order to be able to retain and attract a more diverse and well skilled labor force including the young, professional, educated workforce, known as the ‘Creative Class’. While Buffalo has a sizable number of younger households, a key component for the knowledge-economy, the majority of these households have relatively low incomes. Buffalo has a number of colleges and a university that are producing highly qualifi ed

graduates. The missing ingredient appears to be a concentration of high-paying jobs with strong career potential that appeal to these graduates.

C.2 Land Base of the BOA

Given its size and location – approximately 2,000 acres adjacent to downtown Buffalo - the South Buffalo BOA represents a tremendous opportunity to renew the South Buffalo community and the City of Buffalo. More than 500 acres of land in the BOA is vacant and underutilized, demonstrating the scale of the opportunity to re-shape and re-brand the BOA area. Further, the approximately 350 acres of land which are vacant and publicly controlled offer an opportunity for local and state governments to partner in catalytic investments and projects which can strengthen the local economy and promote market innovation and emerging growth sectors. Located along two waterfronts and at the intersection of several important transportation corridors, including bi-national routes, the BOA is a valuable resource. Strategically managed, the BOA can be well positioned as a strong regional economic and recreational center. Complementing the City’s distinct cultural, employment and education centres.

Although the BOA has a long history of former industrial uses and contamination, much is known about the state of brownfi elds in the BOA. The majority of publicly-owned land in the BOA has been remediated and is ready for redevelopment to commercial standards. These publicly-owned lands include some of the best opportunities in the BOA to attract high value, well paying and high density employment uses over the long term. Nonetheless, much of this land is disconnected and surrounded by lower value uses. The challenge for the City of Buffalo is to strategically make best use of the BOA’s assets, determine which uses have the greatest long term potential for the BOA, and decide how and where uses should be sited, while addressing the

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTx

decay and blight that stigmatizes the area. This means a comprehensive vision and master plan is needed to kick start investment and defi ne how the entire BOA should evolve over time.

The parks and open space network, including the Tifft Nature Preserve and Olmsted’s South Park are central assets that make the BOA a distinctive place. Collectively these assets have signifi cant potential to be leveraged and enhanced, igniting change and renewing the identity of the BOA as a place of nature, sustainability and economic resurgence.

This BOA is well served by existing and planned rail, road and water connections but redevelopment will necessitate new investment in servicing infrastructure. This represents a signifi cant opportunity to support the identity and brand of the BOA and is necessary to attract private sector investment. Alternative solutions such as stormwater management ponds, district heating and renewable energy should be considered that are more effi cient and cost effective over the long-term and will help to turn the BOA’s competitive disadvantages into competitive advantages.

C.3 Economic Analysis

Buffalo’s Strengths and Challenges

The City of Buffalo and Region have a number of core strengths that can provide true foundations for economic resurgence. These strengths include a low cost of living, the fact that the City is strategically located within North American trade, research and education corridors, the inherent value of an urban waterfront setting, and a hard-working and educated labor force.

There are also some clear challenges facing the City and Region as it pushes for an economic resurgence. Some of the largest and most pronounced include the challenge of reversing decline, continued

decentralization through suburban competition, urban decay, attracting and retaining a quality workforce, aging infrastructure, the high cost of doing business, in particular high energy costs and a large tax burden.

While these challenges are not easily overcome, many of the strengths do present opportunities to create a sustainable economic resurgence through regional growth industries. In order to mitigate challenges and leverage strengths, strategic public investment and economic development initiatives and strategies should be focused to growth industries that have potential to generate economic growth for the City and Region.

Focusing on expanding economic sectors, promoting private sector investment in emerging sectors, and diversifying the region’s economy represent a threefold strategy for future economic growth. The following have been identifi ed as key growth sectors:

Advanced Manufacturing• Research and Development• Regional Research Linkages• Alternative Energy• Business Park, including Call Centers, Back • Offi ce Support Services and smaller industrial facilitiesMultimodal, Logistics, and Distribution • FacilitiesLocal Tourism•

BOA Opportunities

While the Region has historically been driven by the manufacturing sectors, Buffalo hosts an array of economic sectors. Supporting the growth of the sectors sited above will be key to reversing the trend of economic decline.

EXECUTIVE SUMMARY xi

The BOA represents a great opportunity to contribute to this effort. Coordinated decision-making and investment to renew the market perception of the BOA will help to better leverage the area’s competitive advantages, which include its location along the Buffalo River and Lake Erie, proximity to the downtown, available large tracts of land, rail, water and highway access and the area’s many natural, recreational and tourism assets.

It is important to balance near-term objectives with the overall goal of supporting sustainable economic growth in the BOA. Planning for the long term is essential. The BOA strategy should: be grounded in the regional economic landscape and aligned to the competitive advantages of the BOA and City; catalyze economic activity that promotes sectors of growth in the City and Region; ensure the BOA has the fl exibility and opportunity to evolve over time; seek to diversify the economic base through market and locational use segmentation and branding; and, be strategic on where and what uses are situated in the BOA. Market destination in the brand or multiple related brands of the area should be created to attract high value, high density employment. Available incentives should be leveraged to attract industries that have the potential for long-term economic growth and can complement, strengthen and ultimately contribute to the BOA’s many assets and are consistent with the vision established through this process. The market focus must renew the BOA’s identity as an urban community with special amenities that make it a great place to live, work and visit without compromising other core City assets.

D. Community Vision and Principles

In November 2008, the South Buffalo BOA was designated a Brownfi elds Smart Growth Spotlight Community by Governor David A. Paterson. This designation links the BOA to the Governor’s Smart Growth Cabinet, strengthens State support for the future implementation of the plan and links key initiatives of the plan to specifi c NYS funding programs and the agencies that oversee them. Smart Growth balances the need for economic development with the need to preserve and enhance the built and natural environment, while doing so in ways that support long term sustainability. These principles underpin and create a guiding theory for redevelopment of the BOA.

Smart Growth advocates long term planning over short term gain. Principles have been developed for the Master Plan which incorporate several Smart Growth concepts, particularly:

Diversifying the employment base to support • greater economic resiliency;Fostering distinctive communities to create a • strong sense of place;Mixing land uses and increasing densities to • support existing or future higher order transit service and to discourage sprawl and car dependence; and,Preserving open space and critical environmental • areas to add ecological and economic value.

Ten Principles have been developed to guide the Vision for the transformation of the BOA. These Principles have been refi ned through visioning sessions and with input from the Steering Committee, stakeholders and general public. They are intended to address the context, strengths and weaknesses of the BOA and the City and to complement the tenets of Smart Growth. Collectively, these principles represent the community’s Vision for the BOA. They include specifi c objectives and provide a clear framework to guide investment decisions, including those related to proposed land uses, design, phasing and implementation.

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxii

1. Leverage Existing Assets: The natural, open space, transportation infrastructure and neighborhood assets of the BOA can act as catalysts for realizing desired change, strengthening the BOA’s competitive advantage and attracting higher value uses to the area. In particular, public land holdings and remediated lands are important assets that, if leveraged strategically, can attract further public and private investment.

2. Diversify the Economic Base: The BOA should actively cultivate a range of uses and use clusters that build upon emerging regional growth industries, can leverage existing assets and ultimately support long-term sustainable economic growth. These use clusters have the potential to draw out new synergies and catalyze further regeneration and create resiliency in times of economic recession.

3. Enhance and Leverage the Natural Environment as a Key Asset: Fostering a clean and healthy natural environment should continue to be a priority within the BOA. A healthy functioning environment is important not only for enhancing the quality of life of area residents and employees but also for continuing to support the many diverse species and unique habitats of the BOA.

4. Create a Strong Market Brand: A focus on the green economy, innovation, commercialization, place-making and city building would help to rebrand the BOA as a high-value area and transform negative perceptions of the area.

5. Prioritize Investment in the Public Realm: Strengthening the public realm promotes place making and provides a renewed and attractive physical setting needed to capture desired new investment. Strategic investments in the public realm should celebrate the heritage and unique qualities of the BOA, improve connections across and to the BOA, advance economic and tourism goals and improve the image of the area and access to the riverfront.

6. Promote High Quality Urban Design and Place Making: Success in the BOA will rely on its diversity of uses and the character of its intentionally created places, set within a high quality urban environment. The BOA should evolve as an urban destination, distinct from environments found in more suburban locations. Adopting a culture of high quality design will set high expectations for new investment in the BOA, prioritize the strengthening of the area’s sense of place and help to achieve an urban character appropriate to the core City.

7. Foster Collaboration and Partnerships: BOA success will depend upon the collaboration and coordination of many people and agencies, including state and regional departments, the City, private sector investors and the local community.

8. Provide Benefi t to Neighboring Communities: The redevelopment of the BOA should signifi cantly benefi t surrounding communities through targeted renewal and streetscape initiatives. It should fi ll gaps in local services and housing, strengthen connections to the BOA, improve community amenities, and generate new training and employment opportunities that deliver greater prosperity.

9. Plan for the Long Term: Short term activities should not preclude long-term goals. Decisions must consider long-term impacts to place-making and ensure the achievement of the vision. Interim uses must be carefully considered such that they do not preclude the BOA’s transition to higher value uses or impact the potential of adjacent properties. Development must be compatible with the vision and incentives must be targeted accordingly.

10. Establish a Range of Implementation Activities: Due to its size, the BOA will be developed over time. A range of targeted implementation activities, managed by the City and including on-going policy changes and partnerships with state and federal agencies, will be needed to achieve the Master Plan. Many of these actions will be identifi ed in Step 3 of the BOA program.

EXECUTIVE SUMMARY xiii

E. The South Buffalo BOA Master Plan

The South Buffalo BOA Master Plan represents the culmination of the extensive analysis and consultation that occurred between November 2007 and April 2009. The Master Plan establishes a framework for guiding the evolution of the BOA to a higher value employment area complemented by a mix of new uses, strengthened communities and signifi cant open space and natural areas.

E.1 Prevailing Themes

Adherence to the Master Plan Principles aided in determining the most logical land use, transportation and market solutions for the BOA. The Master Plan has several prevailing themes, drawn from the Principles, which highlight the place-making and physical characteristics of the BOA. These structuring elements emphasize growing economic sectors, enhancing the natural environment, strengthening existing and new communities and creating vibrant and complete ‘Main Street’ corridors. The following section details the thinking behind core themes.

Potential land uses focus on achieving greater long-term employment diversifi cation and sustainability, with emphasis on green industry, business parks and R&D throughout the BOA, sectors which have signifi cant growth potential and offer higher value employment opportunities as determined by the market analysis. A concentration of these uses has the potential to brand the BOA as the regional center for sustainable research and methods of production to support on-going competitiveness of ‘leading edge’ green industries.

The natural environment is preserved both for its intrinsic worth and for the value it creates as an attractive setting for development in adjacent areas of the BOA. Hundreds of acres of connected open spaces, both enhanced and new, will establish an identity for the BOA as a place for nature and recreation. The Buffalo River, one of the BOA’s most

signifi cant assets, is positioned as a model for both development and preservation as industrial uses and a port facility are maintained along the River’s edge while still permitting extensive rehabilitation of much of the riverfront.

The highest value areas and most complex land use patterns are designed as mixed use communities comprised of residential, commercial and retail uses adjacent to signifi cant open space features. These communities are centered on re-designed ‘Main Streets’ that provide a vibrant corridor for new neighborhoods, civic, cultural and economic exchange, and improve access and movement to and throughout the BOA.

A series of maps, ES.3 to ES.5, illustrates the core underlying structure of the Master Plan, highlighting the land use, build out and open space potential of the BOA.

High Environmental Performance and Economic Resiliency

The BOA is at the center of Buffalo’s Green Belt, an area stretching from Buffalo’s downtown in the north to Lackawanna in the south. The area boasts a strong work force, beautiful scenery along Lake Erie, signifi cant available development lands and progressive businesses. Initiatives underway in the Green Belt include: RiverWright’s existing ethanol storage and production plant and proposed use of the historical grain elevators for biomass handling (Map ES.3); Honeywell’s efforts to create a green alternative for automotive air conditioner fl uid; and, renewable energy generation from eight state-of-the-art wind turbines on the Steelwinds site.

The BOA Master Plan builds on this activity and strengthens this emerging “green” cluster through initiatives such as a potential waste to energy facility, wind and solar power generation, advanced recycling and the creation of a Sustainability Center; a broadly defi ned, multi-purpose Center which could

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxiv

foster partnerships with educational institutions, support brownfi eld remediation research, provide skills and training for green industry jobs and act as a sustainability resource for the community. As cornerstones of the new BOA economy, these industries will integrate the BOA within and create synergies with the Green Belt. In addition, green development and maintenance standards for buildings, servicing, parking and landscaping are encouraged for all new developments. The economic success of the BOA will depend upon redevelopment strategies that leverage near-term opportunities while positioning the BOA for more sustainable long-term growth. The BOA possesses distinct assets and market opportunity that, if carefully managed, can create an identifi able brand for the BOA. These can be leveraged to transform perceptions, support place making initiatives and attract new employment and research activity. Gradually, as the BOA transitions from an underutilized industrial area into a competitive regional employment center, higher value uses will be developed. This long-term orientation of BOA renewal requires the City to direct incentives towards industries that have the potential for sustained growth, rather than towards industries that remain only as long as incentives are provided.

Emphasis on Employment

The land use strategy positions the BOA to capitalize on the economic strengths of the City and the Region. The strategy allows for a breadth of land uses that will support new jobs and higher salaries. In order for the BOA to be an engine of growth, the Master Plan anticipates that appropriate growth industries and priority initiatives, particularly within the new knowledge-based economy, green industries, R&D and business park uses, are targeted with public sector investment. Early successes will be strengthened by the ability to co-locate and strategically phase uses to achieve the greatest land use synergies and create an identifi able brand.

In response to market demand and the particular infrastructure resources of the site including rail, road and water access, approximately half of the employment land in the BOA is reserved for industrial uses, including green industries, advanced manufacturing, warehousing and distribution (Map ES.3). These uses are situated in Buffalo Lakeside Commerce Park and RiverBend in close proximity to essential transportation infrastructure, but away from residential neighborhoods and lands with the potential for higher value uses such as the RiverBend Peninsula and RiverBend Drive.

The remaining employment areas are expected to be developed as high quality urban destinations and include new business parks, business service areas and R&D uses. While some employment uses, such as R&D, may take longer to develop than more traditional industries, they will diversify the employment base, offer higher salary potential, and possess greater economic resiliency and diversity for the BOA’s and the City’s economy. Additionally R&D connecting to green industry initiatives, alternative energies and brownfi eld remediation will create synergies with envisioned industrial areas and has the potential to establish Buffalo as a leader in the green technology industry.

Strong Places and Mixed Use Communities

The Master Plan prioritizes good urban design through the proposed development of performance criteria to foster a desirable sense of place, ease land use restrictions and establish a more compact form of development, attractive streets, an improved public realm and green linkages.

These features are most encouraged in the RiverBend Peninsula and in the mixed use community centered on the Hopkins Street/Reading Street intersection (Map ES.4). These communities take advantage of proximity to natural assets and each is served by a ‘Main Street’: RiverBend Peninsula is adjacent to the Buffalo River and centered on South Park

EXECUTIVE SUMMARY xv

Avenue; Hopkins/Reading is just north of South Park and east of the golf course and is focused on Hopkins Street. RiverBend Peninsula will be further reinforced as a high value area as it is planned to be served by a higher order transit link to downtown. Mixed use communities are also envisioned along the waterfront but are beyond the scope of this BOA and should be explored further in future BOAs planned for the lakefront and Outer Harbor.

Complete Streets along Hopkins Street, Tifft Street and RiverBend Drive

The current relationship between the BOA and adjacent neighborhoods is poor. The neighborhood is bordered by derelict lands and there is limited connectivity west into the BOA, with only Tifft Street leading to the lakefront. The Master Plan seeks to strengthen this relationship by extending the neighborhoods west into the BOA and creating new and improved lakefront and River connections. Although additional rail corridor crossings are longer term initiatives, the Master Plan anticipates that the Tifft Street bridge will be improved in the medium term to create a more inviting and safe crossing of the rail infrastructure below. Combined with streetscape improvements, Tifft Street becomes a welcoming route, enhancing access to the lakefront for bikes and pedestrians. Similar improvements to Reading Street allow for an additional east-west connection to the community (Map ES.4).

Over time, Hopkins Street will be strengthened with new low to mid rise business services type uses. Buildings will contain a mix of commercial and retail uses at grade with the potential for residential above. New infi ll development on Hopkins Street will be appropriately scaled to integrate with adjacent low rise neighborhoods, support the character of the neighborhoods and create a re-newed commercial ‘Main Street’ of shops and business services. Hopkins Street will also serve as a buffer between single family homes to the east and larger scaled employment areas to the west.

As the main north-south route linking South Park to the river through the heart of the BOA, a new street referred to as RiverBend Drive will act as an important new employment address for the BOA. A generous boulevarded street, capable of accommodating a range of users including commercial traffi c, pedestrians and cyclists, the new street is intended to open lands for new development and direct truck and commuter traffi c away from local streets. Over time RiverBend Drive will form part of an enhanced intercity grid network connecting the BOA north to I-190 and relieving pressure from Route 5.

As the principal crossroads of the BOA, the intersection at RiverBend Drive and Tifft Street has been positioned as an important hub of activity. Situated at one of the BOA’s most visible junctures the area has been designed to create a high value setting for signature offi ce, hotel and conference uses fronting onto a new urban square and golf course.

Enhanced and Integrated Network of Open Spaces

The BOA Master Plan expands existing open space assets to create a focus for new investment and support a range of active and passive recreational activities, including a rehabilitated riverfront and bird sanctuary, an enhanced Union Ship Canal park, new neighborhood parks and regional open spaces. The existing natural assets can be added to and improved creating new opportunities for active and passive recreation, including new open spaces on the Marilla and Alltift landfi lls, the expansion of the Tifft Nature Preseve on the vacant industrial land to the east and naturalization of the Conrail Peninsula as a species habitat area (Map ES.5). The system is anchored by a recreation and cultural hub in the southeast, comprised of Olmsted’s South Park, a new athletic center, sports fi elds and golf course, providing a continuous linkage to the Tifft Nature Preserve and Conrail site. This system represents hundreds of acres of uninterrupted open space.

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxvi

Map ES.3: Land Use

EXECUTIVE SUMMARY xvii

Ti t Nature PreserveTi t Nature Preserve

Ethanol Ethanol PlantPlant

Waste to EnergyWaste to Energy

Mixed UseMixed UseCoreCore

NeighborhoodNeighborhoodInvestmentInvestment

NeighborhoodNeighborhoodInvestmentInvestment

Advanced Advanced ManufacturingManufacturing

Green IndustriesGreen Industries

Union Ship Canal

Union Ship Canal

Boat HarborBoat Harbor

SouthSouthParkPark

R&DR&D

South South ParkPark

RetailRetail

Advanced RecyclingAdvanced Recycling/ Green Industries/ Green Industries

Nature Nature Connec onConnec on

Athle c Athle c CenterCenter

River CenterRiver CenterRestaurantsRestaurants

BusinessBusinessServicesServices

Mixed UseMixed Use

HO

PKINS ST

HO

PKINS ST

LAKE ERIELAKE ERIE

BUFFALO RIVERBUFFALO RIVER

BBird Sanctuaryird Sanctuary

ConcreteConcreteCentralCentral

Golf Golf CourseCourse

ClubhouseClubhouse

BusinessBusinessParkPark

Poten alPoten alPort UsesPort Uses

LRTLRT

MarinaMarina

Brown eld Studies/Brown eld Studies/Natural Sciences Natural Sciences

Research Campus / Research Campus / Sustainability CenterSustainability CenterOutdoor Outdoor

TheaterTheaterVenueVenue

SOU

TH PA

RK AVSO

UTH

PARK AV

SOUTH PARK AV

SOUTH PARK AV

TIFFT STTIFFT ST

READING STREADING ST

OHIO

STO

HIO ST

ROU

TE 5

Waterfront Mixed Waterfront Mixed Use CoreUse Core

Waterfront Waterfront Mixed Mixed

Use CoreUse Core

Recrea on Recrea on CenterCenter

Waterfront ParkWaterfront Park

The PierThe Pier

BeachBeach

ArboretumArboretum

TTi t Squarei t Square Signature Signature

O ceO ceEnhanced Enhanced

Interpre ve Interpre ve CenterCenter

Overnight CampingOvernight CampingFacili esFacili es

WarehouseWarehouse& Distribu on& Distribu on

RiverBend Drive

RiverBend Drive

Map ES.4: Demonstration of Build Out Potential

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxviii

The scale of the BOA and the separation of these assets by distance and by the rail infrastructure that bisects the site, has led to a signifi cant emphasis on improved open space and community connections. The gradual build out of the BOA is seen as an important opportunity to reconnect South Buffalo to both the waterfront and the River and create an interconnected system of parks, natural areas and waterside places. There are a number of strategies represented in the BOA Master Plan aimed at enhancing connectivity including:

The installation of an enhanced pedestrian • crossing on the Tifft Street bridge;The creation of an expanded network of pedestrian • and cycle paths through public open spaces and adjacent to the lakefront and riverfront;Improved streetscapes, particularly Tifft Street • and Hopkins Street;An expanded network of public streets, including • RiverBend Drive east of the rail corridor and a north south road (which is intended to be an environmentally sensitive roadway) on the eastern edge of the expanded Tifft Nature Preserve;An expanded South Park amenity area connected • north to an expanded Tifft Preserve; The creation of a continuous riverside park and • open space network; andThe creation of a series of smaller neighborhood • open spaces linked by local streets and pathways.

Restoration and Development along the River

The Buffalo River is both a natural and industrial resource for the BOA. The Master Plan balances conservation and recreation opportunities with a range of economic prospects, providing benefi t to individuals and businesses beyond the BOA boundaries. Although the River was the site of heavy industry and port-related uses, less intense activity today permits the remediation of the River’s sediments and rehabilitation of much of the riverbank and adjacent landscape (Map ES.5). The Buffalo Niagara Riverkeeper is leading the cleanup of the Buffalo River, which is scheduled to commence in 2010.

The Master Plan anticipates renewal of the riverbank in the RiverBend Peninsula and on the Conrail site with a combination of naturalized spaces and passive landscape areas. These efforts will be supported by the establishment of a bird sanctuary on a portion of the Conrail Peninsula and by a minimum one hundred foot development setback from the River in RiverBend. Activity within this setback will be limited to biking and walking along riverfront trails, and a proposed Riverfront Center for boating and other publicly accessible water-related activities. The north side of the River also has potential for rehabilitation, and this opportunity should be explored in a separate Buffalo River BOA.

While the intent of the Master Plan is to create an accessible, rehabilitated, riverfront open space system, it recognizes that there are also sites for lower impact industrial activities (Map ES.3). In the medium term, while dredging is still required for fl ood control purposes, the Master Plan preserves for the creation of a shallow draft port. The RiverWright facility, a signifi cant anchor for the Green Belt, will also continue activities on its site just north of the Tifft Nature Preserve and, if new uses can be found to reactivate the existing grain silos, may expand onto the western portion of the Conrail Peninsula.

Development criteria will ensure that these riverside activities do not interfere with the bird sanctuary and will allow for public riverfront access, where feasible. Additional green related industries, such as renewable energy R&D and production, grain storage, advanced recycling and a waste to energy facility, may be considered on the industrial lands on the south bank of the River north of the Nature Preserve, or on the RiverWright lands but details will be resolved as the Green Energy Corridor Initiative, led by RiverWright, progresses.

EXECUTIVE SUMMARY xix

Ti t Nature Preserve

Mixed Use CoreCentral Open Space

Union Ship Canal

Boat Harbor

SouthPark

Open SpaceConnec on

River Center

Restaurants

Restaurants

Poten alPort Uses

EthanolPlant

Neighborhood Park

HO

PKINS ST

LAKE ERIE

BUFFALO RIVER

Bird Sanctuary

Golf Course

Marina

Outdoor TheaterVenue

SOU

TH PA

RK AV

SOUTH PARK AV

TIFFT ST

READING ST

OHIO

ST

ROU

TE 5

Recrea on Center

Waterfront Park

The Pier

Beach

Arboretum

Ti tSquare

Enhanced Interpre ve Center

Overnight CampingFacili es

500 1500feet0

RIVERBEND

DR

Clubhouse / Athle c

Center

Map ES.5: Potential Open Space Network

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxx

E.2 Land Use

The South Buffalo BOA Master Plan is designed to achieve a broad mix of land uses, as illustrated on Map ES.3. The land use mix includes a range of employment types, signifi cant naturalized areas, and additional housing in new and existing neighborhoods, supported by small commercial and retail businesses located in mixed use buildings, parks and recreational opportunities. The diversity of land uses is based on market data and intended to enable the BOA to evolve as a ‘complete community’ with a range of employment and housing typologies to achieve a stable and economically resilient community over time. Attracting new businesses, residents, and

activities will create a vibrant and economically sustainable community with benefi ts extending far beyond the boundaries of the BOA.

Based on the Master Plan, it is estimated that up to 20,000 new jobs and 3,000 new residents could be located in the BOA. The approximate land area and number of jobs anticipated for each land use is listed in Table ES.1. Although similar areas of land are reserved for Business Park/Business Services uses (286 acres) and Industrial uses (317 acres), higher job densities for Business uses yield a signifi cantly greater number of estimated jobs than for Industrial uses.

Land Use Area (acres) GFA (sq ft) Estimated Jobs

R&D 33 500,000 700

Business Park 220 3,800,000 12,500

Business Services 66 2,100,000 2,800

Industrial 317 2,800,000 1,800

Rail 190 0 0

Mixed Use 102 4,400,000 2,800

Neighborhoods 138 N/A N/A

Tifft & South Park 450 N/A N/A

Natural Areas 212 N/A N/A

Golf 133 N/A N/A

Parks & Open Space 107 N/A N/A

Total 1,968 13,600,00 20,600

Table ES.1: BOA Areas and Estimated Jobs by Land Use

EXECUTIVE SUMMARY xxi Table ES.2: Performance Criteria

E.3 Development Performance Criteria

Performance Criteria are recommended to control how the development of buildings, roads and open spaces throughout the BOA will occur. Different criteria should be developed for different areas, depending upon the desired character of the area.

More stringent criteria should be implemented where quality design is integral to branding and place-making, such as in mixed use or higher value employment areas. Examples of performance criteria which should be considered for various land use categories within the BOA are presented in Table ES.2.

Type of Criteria Description

Land Use

• Permitted range of land uses• Restricted and prohibited land uses (eg. non-conforming uses, outdoor storage and

recycling, metal yards, big box stores, heavy industry, drive through restaurants) • Requirements for commercial uses and specifi c uses at grade in certain locations • Restrictions on retail and commercial gross fl oor area

Built Form

• Minimum and maximum densities • Minimum and maximum building heights • Building massing, envelopes, orientation and setbacks • Green development and infrastructure guidelines (eg. green roofs, rainwater

collection, water effi ciency, stormwater management)

General Architectural Features

• Materials and glazing• Lighting • Signage and canopies

Parking and Loading

• Standards per land use • Where permitted (eg. above and below grade structures, and on surface lots located

behind or to the side of a building)• Where prohibited (eg. in front of a building between the building façade and a public

or private street) • Shared access encouraged • Green parking standards (eg. permeable surfaces, priority parking for electric

vehicles, weather protected bicycle parking)

Landscaping • Location • Permitted and restricted vegetation • Green planting and maintenance standards (eg. native fl ora, water and pesticide usage)

Public Realm • Streetscape • Parks • Private Open Spaces

Road Design

• Right-of-way• ‘Complete Street’ standards • Function and performance for streets, laneways and private roads• Prohibited road closures• Permitted and prohibited street parking• Green road design (eg. maximum widths, pedestrian pathways, plantings adjacent to

the street)

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxxii

E.4 Precinct Areas

Due to the scale of the BOA, the study area can be understood as a number of distinct character areas, or precincts. The BOA was examined holistically for the market projections, the land base analysis and development of the Principles. However, as the strategy for the BOA evolved, smaller areas emerged, each with distinct qualities, assets and potential. The BOA has therefore been divided into nine Precinct Areas (Table ES.3 and Map ES.5), each with a logical collection of land parcels and a unique development emphasis. This allows for a better response to the BOA’s diverse characteristics and a manageable

description of each area’s role, land use and development character.

Although the Precincts are distinct they work together as a cohesive whole. Land uses are complementary, which provides a vibrant overall land use mix, but ensures compatibility between adjacent uses. Open spaces in one Precinct create value for development in neighboring Precincts. Natural assets are situated throughout the BOA but connected by public parks and improved streetscapes that allow for seamless transitions between formerly isolated areas.

Precinct Description

RiverBend Peninsula

• A higher density, high value mixed use destination and commercial hub that functions as the center for a new community and new employment uses. The area will evolve as a distinct mixed use village with unique opportunities for waterfront access and recreation.

RiverBend Employment

• A business and industrial area with opportunities for higher salary jobs, shorter term redevelopment and signature employment. Focused on a public open space at Tifft/RiverBend, development here has the potential to demonstrate early success and reinforces the business center and/or green ‘brand’ of the BOA.

Existing Neighborhoods

• Primarily stable low rise residential communities with opportunities for appropriate infi ll, enhanced open spaces and improved connections that complement and strengthen the neighborhood’s character and improve quality of life.

Hopkins North• A small scale business cluster that reinforces Hopkins Street as a ‘Main Street’ with

mandatory commercial or retail uses at grade and the potential for residential or commercial uses above.

Hopkins South • A mixed use precinct, centered on RiverBend Drive, Reading and Hopkins Streets which builds off the value of South Park and the golf course.

South Park Open Space System

• An interconnected open space system with a range of social, cultural and recreational opportunities which will create a setting for higher value residential and commercial uses.

Buffalo Lakeside Commerce Park

• A smart growth urban commerce park with higher value businesses sited adjacent to the Union Ship Canal park capable of capitalizing on current market demand..

Lehigh Valley/Tifft

• A nature refuge dedicated to conservation, environmental education and passive recreation, supplemented by green industry and sustainability related R&D, that provides a green focus and identity for the BOA.

Riverfront• A naturalized Conrail Peninsula overlooking the river that allows for habitat restoration

and passive recreation, adjacent to sensitively sited ‘green’ industry that does not inhibit remediation of the Buffalo River.

Table ES.3: Precinct Areas

EXECUTIVE SUMMARY xxiii

Map ES.6: Precinct Areas

RiverfrontRiverBendPeninsula

RiverBendEmployment

ExistingNeighborhoods

HopkinsNorth

HopkinsSouth

ExistingNeighborhoods

South Park OpenSpace System

Buffalo LakesideCommerce Park

Lehigh ValleyTifft

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxxiv South Park Open Space System

EXECUTIVE SUMMARY xxv

Below are precedent images which represent the various character and uses of the proposed precinct areas.

Buffalo Lakeside Commerce Park

RiverBend Employment

Tifft/Lehigh Valley

Riverfront

Hopkins North

Hopkins South

Existing Neighborhoods

RiverBend Peninsula

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxxvi

E.5 Phasing

Redevelopment of the BOA will be implemented over the few several decades. The sequencing of public sector initiatives, whether an investment in infrastructure, enhancement of the public realm or construction of a building, that will help to encourage private sector development will be a complex and intensively managed process. The phasing strategy illustrates a 25+ year horizon with several big moves supplemented by many smaller actions. Initial phase initiatives are positioned based on need and market data fi ndings. They will support the creation of the business park and warehouse and distribution precincts which have been identifi ed as having existing market demand and can achieve signifi cant early employment in the BOA area. Improvements, such as certain additional road infrastructure and park and open space improvements, that will enhance the physical setting and allow for higher value land uses, including research and development facilities and mixed use communities, are reserved for the medium to longer term.

The estimated timing of implementation of public sector initiatives is positioned within one of four phases, from current projects to long term proposals. These are supplemented by initiatives that have no phased timing and can occur as funding or sponsorship becomes realistic, or as need dictates.

Phase 0: Current and Approved Initiatives (Map ES.7)While the public sector actions in Phases 1 to 3 are BOA focused, the list of current and approved initiatives highlights investments that are occurring both within and in the vicinity of the BOA; the majority of which are situated beyond the BOA boundary. Not all of the activities have commenced, but funding has been approved. Many of these, such as improvements to Route 5/Outer Harbor Parkway, represent signifi cant public expenditures and will contribute to the BOA’s successful transformation over time.

Map ES.7: Current and Approved Initiatives

Planned Outer Harbor BOA

Tifft St Streetscaping

Lakeside Commerce Park Rd

S

Fuhrmann Blvd

Elk Street Master Plan

River Wright Ethanol Plant

Buffalo River Feasibility Study/BOA

EXECUTIVE SUMMARY xxvii

Phase 1: 0 - 5 years (Map ES.8)Actions within this phase include public sector initiatives that will support private sector development identifi ed as a short term or immediate market opportunity. Public investment is targeted towards completion of catalyst roads, such as the fi rst phase of RiverBend Drive and the road north of the canal in Buffalo Lakeside Commerce Park, the purchase of strategic land parcels, including Village Farms in RiverBend Peninsula, and the establishment of performance criteria to regulate development in high profi le areas. Community focused initiatives are also recommended in this phase, including riverbank rehabilitation, feasibility and design of Tifft Street bridge improvements, planning for the Sustainability Center and construction of a new community based Athletic Center. A program of rehabilitation for private homes will also be encouraged. Early private development will be employment focused, led by the initial build out of RiverBend Employment and the continued build out of Buffalo Lakeside Commerce Park. Hopkins Street may also begin to redevelop with Business Park and Business Service uses, supported through streetscape enhancements.

Phase 2: 5 - 15 years (Map ES.9)Phase 2 shifts the investment focus to open space enhancement, unlocking the potential of areas outside of RiverBend Employment. Lehigh Valley is purchased, allowing for an expansion of the Tifft Nature Preserve, a new north-south road and additional lands for advanced recycling and green industries. A bird sanctuary is formalized across most of the Conrail Peninsula while Concrete Central is retained for industrial use. A golf course is established on the former landfi lls creating an open space and recreational amenity and the value needed for employment and community development. The isolation of natural assets is resolved with improved open space connections. These changes are supplemented by the construction of new local roads in RiverBend Peninsula, the Tifft Street bridge improvements and Phase 2 of RiverBend Drive north to I-190.

Map ES.8: Phase 1

Map ES.9: Phase 2

Riverbend detailed site development

plan

Tifft bridge enhancements

Hopkins Streetscaping

Lakeside Commerce

Park

Village Farms

Riverbend Drive

Riverbend Waterfront

Athletic Center

Community Renewal

Conrail Site

Riverbend Peninsula

Containment Cell

Lehigh Valley Lands

Sustainability Center

South Park Recreation

Lands

Riverbend Drive South

Riverbend Drive

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxxviii

The emphasis on parks, natural areas and local roads will create a desirable setting to encourage new private development. Residential, commercial and retail development in mixed use buildings will commence in the RiverBend Peninsula. Following the relocation of the containment cell, new investment is expected to fi ll a majority of the employment areas including the Buffalo Lakeside Commerce Park and RiverBend Employment areas. A Research and Development campus is reserved in the mixed use RiverBend Peninsula and will be achieved through public/private partnerships and linked with the activities of the proposed Tifft Brownfi eld Center. This will create a local resource promoting leading edge technology which can be utilized and commercialized by green industries and businesses. This will enhance the BOA’s competitive advantage in the Region as well as nationally.

Phase 3: 15 - 25+ years (Map ES.10)The fi nal phase will target investment towards build out of the highest value areas and completion of the most expensive projects. RiverBend Peninsula, and the mixed use areas along Reading Street and along RiverBend Drive south of Tifft Street, will fully develop once there is suffi cient residential demand. Completion of a higher order bus or light rail transit link to downtown will enhance mobility options and raise the profi le of the BOA. This will be most evident in the Peninsula, which will offer high quality walkable living environment with easy access to the downtown. Although improvements to the facilities and recreation opportunities along the lakefront will have been on-going, the lakefront will not be a fully embraced asset without barrier free access from the BOA. The repositioning of Route 5 as an urban boulevard, assisted by the improvements to Fuhrmann Boulevard occurring today, will promote seamless movement between the lakefront and the BOA for those living and working within the BOA and beyond.

Map ES.10: Phase 3

Map ES.11: Additional Projects

Lakefront Enhancements

Higher Order Transit

South Hopkins

South River Drive and

Bridge

Bird Sanctuary Education Center

Railway Museum

River Center

Waste to Energy

EXECUTIVE SUMMARY xxix

Additional Projects: Flexible Timing (Map ES.11)Certain projects, including a River Center, Railway Museum and additional bridge over the rail corridor are not tied to the phasing program and can be completed whenever fi nancing or sponsorship is secured. These projects will add value to the BOA community and its cultural and recreational offerings.

E.6 Key Recommendations

The following eight recommendations will serve as the basis for the Implementation Strategy. They are comprised of critical activities centered on managing the BOA, fi nancing the BOA’s redevelopment and commencing development within the BOA. They recognize that realizing the full potential of the South Buffalo BOA will take a concerted and coordinated effort by many parties, signifi cant up front public resources and completion of priority public projects to initiate redevelopment. Successful implementation will result in a strong return on investment over the medium and long term and demonstration of interest for contemporary urban solutions to city building and renewal.

Managing the BOA

1. Apply for Step 3: Implementation Strategy

The Implementation Strategy, the third step of the Brown Opportunity Areas Program, provides a description of the full range of implementation techniques and actions, ranging from actions and projects that can be undertaken immediately to those which have a longer time-frame. These are necessary to implement the area-wide plan and to ensure that proposed uses and improvements materialize. As well, site assessments on strategic brownfi eld sites may be eligible for funding if environmental data is required.

Although the Master Plan, completed as part of Step 2 of the BOA Program, proposes preliminary phasing and a list of strategic sites, the actual implementation details and determination of which sites will be assessed will occur in Step 3. An application for Step 3 should be submitted by the City to the Department of State and the Department of Environmental Conservation shortly after completion of the Step 2 Nomination Document and Master Plan to build momentum and maintain public interest in the BOA process.

2. Use the Master Plan to Guide Decision-Making

The BOA Master Plan should be adopted as a core framework to guide change within and in the vicinity of the BOA and should be formally recognized within Buffalo’s planning and regulatory framework. The Principles within the Master Plan were developed with signifi cant public input and represent the overall Vision for the BOA. The Principles, along with all elements of the Master Plan, particularly the Precinct Areas and the Phasing Strategy, provide clear direction for decisions about land use, growth and investment priorities. As additional studies, such as the Buffalo River or Buffalo Harbor BOAs come forward, the South Buffalo BOA Master Plan should act as a strong departure point for initiatives in and around the BOA. As such, development in adjacent areas should complement and not compete with the emerging economic sectors that will be fostered in the South Buffalo BOA. Similarly, the suitability of private development proposals and public infrastructure investment should be based on their consistency with the land use, built form and other directives in the Master Plan.

3. Seek Commitment to both the Short Term and Long Term Potential of the Site

Many of the immediate opportunities on the BOA involve land management, such as conducting site assessments and acquiring land, overseeing feasibility and Master Plan studies, and constructing

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxxx

crucial road infrastructure, primarily to support the development of industrial and business park uses. Given the potential scope of activity, the BOA would benefi t from the establishment of a Redevelopment Authority or Implementation Council to coordinate initiatives, make applications and manage reports and analyses. The structure and composition should be explored in Step 3 of the BOA program but it is recommended that the Steering Committee established in Step 2 be a signifi cant part of this body, given their breadth of experience, commitment and knowledge of the BOA.

Medium to longer term activities are comprised of several large scale investments, including the relocation of the containment cell and the construction of a higher order transit link to the downtown. It is anticipated that the development of the highest value lands with mixed uses and R&D will also occur in the medium to longer terms. Fostering this long term potential will require signifi cant fi nancial resources as well as the preservation of land for high value development and the transit right-of-way. It will be important to continue to build public and State support for the Master Plan to successfully seek funding and investment for the most ambitious BOA initiatives and to resist pressure to develop high value lands in the near term with uses that are incompatible with the long term vision for the BOA.

4. Formalize Partnerships between the City, State, Public Agencies and the Private Sector

The Master Plan Principles recognize the importance of partnerships for the BOA. In particular, Principle 7 emphasizes that “Success in the BOA will depend upon the collaboration and coordination of many people and agencies, including state and regional departments, educational institutions, the City, private sector investors and the local community.” Partnerships should be reinforced and enhanced that move forward many of the initiatives envisioned by the Master Plan, including:

with private owners to encourage the assessment • and remediation of privately owned sites;with educational institutions to create an R&D • campus, Sustainability Center, brownfi eld remediation facilities and Center and green industries;with the Olmsted Parks Conservancy and other • private interests to determine the appropriate ownership structure of the landfi ll sites, develop a golf course and construct a joint Athletic Center and golf club house; and,with the transportation agencies to conduct an • assessment for higher order transit, facilitate the remediation of lands for certain roads and construct key streets such as RiverBend Drive and the connection to I-190.

Financing the BOA

5. Seek and Leverage Funding Sources and Partners

While the BOA program will provide fi nancial assistance to undertake the assessment of strategic sites, funding for the remediation of these sites and for redevelopment initiatives, including infrastructure improvements, building construction and public realm enhancements, will need to be sought from other sources. There are many potential sources, such as the NYSDEC’s Environmental Restoration Program and Brownfi eld Clean-up program, the NYS Department of Transportation and the New York Power Authority, that may offer support or incentives for public or private led projects. These agencies should be approached now to determine the level of assistance they can realistically offer. The Brownfi elds Smart Growth Spotlight Communities Initiative, which has designated the South Buffalo BOA as one of three Spotlight Communities in New York State providing the project with a prominent status, which will assist the City and its partners with organizational capacity building, raise awareness and improving coordination and partnerships with state and federal agencies.

EXECUTIVE SUMMARY xxxi

6. Target Reinvestment to Encourage Private Development

Requests to State agencies should seek to target funding for the delivery of priority projects. While the full redevelopment of the BOA will occur over decades, focusing resources to specifi c areas and actions will make the best use of initial investments by demonstrating coordinated action and change in key locations. Selected catalytic projects can be either small or expansive in scope, but must face limited barriers, be feasible to implement, capable of demonstrating early success and/or deliver a community benefi t or fuel further growth. Public funds will not fi nance the redevelopment of the BOA but will ultimately attract the private development that will transform the area. These projects leverage public money and represent the fi rst wave of investment. Additional waves of investment will follow which are much less dependent on City and State resources. Priority projects should therefore not only benefi t existing communities but should also act as magnets for private sector interest, such as the installation of infrastructure to allow private lands to be developed or improvements to the public realm to create an attractive setting for new high value development.

Commencing Development

7. Commence Site Assessments and Priority Projects

The Master Plan identifi es numerous initiatives that will facilitate the development of the BOA (Table ES.4). While several of the initiatives involve the construction of a building, infrastructure or public realm project, many of these activities are focused on more preliminary actions, including completing studies, undertaking management actions and developing partnerships. These initiatives are critical as they illustrate to the general public and development community that change is occurring

on the BOA, they often provide a public benefi t that has been absent and they may put in place support for private sector investment. Also identifi ed as part of the Remediation Strategy are Strategic Sites. These are discrete land parcels located throughout the BOA that are recommended for site assessment and potentially site remediation depending upon the outcome of the assessment. 8. Integrate Sustainable Building Practices

Green standards for the BOA, which address the preparation of sites, the installation of infrastructure and the construction of buildings, should be adopted and implemented as development occurs. The standards can either be drafted specifi cally for the BOA, or can be adapted or taken directly from an existing set of criteria, such as the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. The purpose of these practices is to mitigate the environmental impacts of development on air and water quality, to reduce energy use and greenhouse gas emissions and to improve the provision of city services and utilities, such as solid waste and stormwater management. Performance measures for sustainable development should specifi cally address such elements as building energy effi ciency and materials, road, pedestrian and bicycle network design, landscaping and plant selection, and stormwater management through ponds, green roofs, permeable paving and other measures. Adherence to these criteria both respects the health of the natural environment, a signifi cant feature of the BOA, and contribute to the branding of the BOA as a hub for green industry, creating a district where the design of buildings, infrastructure and spaces and the activities and industries that occur within them are focused on sustainability.

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxxxii

Project Project Type Significance

RiverBend Drive Infrastructure Installation

• The creation of RiverBend Drive linking Tifft Street to I-190 will help to enhance access to the BOA and be key to the establishment of a new high profi le address for the RiverBend Employment area

• The connection to I-190 will also serve to enhance access to the Elk Street Redevelopment Area north of the River

RiverBend Peninsula and Employment Area Detailed Master Plan

• The market data indicates the employment area can come forward in the short term. This will rebrand the area as a focus for new employment and green economic activities and encourage additional employment growth

Riverfront Naturalization Environmental Enhancement

• The re-naturalization of the Buffalo River will complement existing initiatives to enhance the quality of the river, improve public access and help to create a setting for higher value investments on the Peninsula

Buffalo Lakeside Commerce Park Road

Infrastructure Installation

• The design and construction of north canal road will provide access to the remaining available lands within the commerce park. This will enable the ongoing development of the area and feed the current market demand for industrial and business uses

North Hopkins Neighborhood Clean Up/ Residential Property Rehabilitation/ Tifft Street bridge

Community Renewal

• These projects, intended to promote the ongoing cleanup and renewal of local neighborhoods represent an important opportunity to demonstrate a continued commitment to the South Buffalo community. New streetscaping along Hopkins Street and Tifft Street Bridge enhancements will help to improve the image of the area and strengthen connections between the neighborhoods and the area’s various natural amenities

Athletic Center Public Realm and Recreation

• A new community athletic center at the gateway to South Park represents an important opportunity to enhance the recreational offer in South Buffalo at an area which is both accessible to the local community and capable of dovetailing with existing Olmsted recreational and site initiatives

continued...

EXECUTIVE SUMMARY xxxiii

Table ES.4 Priority Projects

Tifft Expansion Environmental Enhancement

• The remediation and expansion of the Tifft Nature Preserve represents an important opportunity to create a green focus and identity for the BOA. The remediation and expansion of Tifft will help to improve its hydrological functions and create the potential for a new research campus focused around sustainability, natural sciences and remediation

• Enhanced access to the lands adjacent to the rail corridor will create space for new green industries

Golf Course/Open Space Feasibility Study and Master Plan

• The majority of these lands are former landfi ll sites and have little development potential. The extension of RiverBend Drive and development of an open space amenity such as a park or golf course will create a high value setting for new commercial and residential uses as well as the existing neighborhoods east of Hopkins

• A new golf course would enable the relocation of the existing golf course within South Park and restoration of the park to its original Olmsted design

90 Hopkins/BLCP Parcel 4 Assessment and Remediation

• A Remedial Action Plan and Record of Decision have been issued for the BLCP Parcel 4. A preliminary site assessment has been conducted for 90 Hopkins under the Environmental Restoration Program, and additional investigation activities are planned in order to determine potential reuse of on-site material

• Remediation funding for BLCP Parcel 4 will be sought through the NYS Superfund and Brownfi eld Cleanup Program, which would enable short term redevelopment opportunities

• 90 Hopkins has potential for longer term redevelopment as a component of the South Buffalo Golf Course / Open Space

Sustainability Center Education/R&D

• The development of a sustainability center off of Tifft Street would contribute to the branding of the BOA. The center could create a focus for research and educational activities related to energy conservation, renewable energy, the environment, brownfi eld remediation and / or green development. It would help to support employment within the BOA by encouraging the clustering of “green” research related activities and industry

Project Project Type Significance

... continued

SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA NOMINATION DOCUMENTxxxiv

F. Strategic Sites and Remediation Strategy

Following completion of the land base inventory and site profi les, an analysis was undertaken to determine the scope and location of strategic site parcels for which site assessments and/or remediation would be necessary and appropriate to spur redevelopment opportunities in accordance with the BOA Master Plan. The primary focus of the Remediation Strategy was to identify specifi c parcels that are eligible for site assessment funding under the BOA Program and sites that require remediation which may be eligible for funding and/or incentives under other State programs.

The Strategic Sites were determined through extensive input from the steering committee and with reference to specifi c criteria per the BOA program. An analysis of individual tax parcels was undertaken to determine whether:

sites with known contamination, no site 1. characterization, or sites categorized as brownfi elds should be assessed under Step 3 of the BOA program;sites that have been adequately assessed require 2. remediation under a State or Federal program to accommodate the potential contemplated use; andsites that have been remediated can accommodate 3. the identifi ed contemplated uses.

Within the BOA, there are approximately 900 tax parcels in an area comprising approximately 2,000 acres. However, approximately 500 tax parcels on 1,000 acres include residential, parks and open space, rail corridors and rights-of-way, public services/utilities and closed landfi lls and are not considered to be appropriate candidates for site assessments under the BOA Program. The remaining approximately 400 tax parcels on approximately 1,000 acres include vacant and underutilized land, industrial and commercial uses. Brownfi eld, abandoned and vacant sites within these areas became the primary focus for site assessment prioritization consistent with the goals and objectives of the BOA program.

Key Findings and Recommendations

A total of 86 individual tax parcels on • approximately 311 acres have been identifi ed as priority strategic sites for which site assessments under the BOA program are recommended

Site assessments not conducted under the BOA • Program would be limited to a few sites (e.g., RiverBend berm and rail right-of-way) and could be undertaken under a different State program or by another public entity

Remediated sites, which include signifi cant • acreage in the RiverBend Commerce Park and Buffalo Lakeside Commerce Park, can accommodate commercial or industrial development

Remediation activities could be funded under • several different programs including the State’s Brownfi eld Cleanup Program which offers signifi cant tax incentives to applicants

Several publicly owned strategic sites including • the Village Farms site, BURA-owned parcels along Beacon and Abby Streets in the North Hopkins neighborhood, the 90 Hopkins Street site and Parcel 4 within Buffalo Lakeside Commerce Park should be remediated

The RiverBend containment cell should be • relocated off site and a Remedial Investigation/ Feasibility Study of lands beneath the containment cell should be conducted

Parameters and limitations regarding • development of a golf course on the landfi ll parcels should be defi ned and a study conducted to determine the feasibility of locating a public golf course at this location.

Final Brownfield

Opportunity Area Plan

(Section M)

Executive

Summary

Step 3

Implementation

Strategy

Document

Nomination

Document

Step 3

Implementation

Strategy

(Items in

Sections B-L)

EXHIBIT B: Components of the Final Brownfield Opportunity Area Plan

Exh

ibit

B

Exhibit C – Implementation Strategy Document: Products and MapsNote: This is a list of the products that reflect the scope of services described in the RFP, and may not include all of the components of theImplementation Strategy Document or the complete Final Brownfield Opportunity Area Plan.

Section Product Map

B. An approved outline and summary description of the community

participation plan

C. Updated description of proposed land uses. The description of future uses will include a

Proposed Land Use and Strategic Sites Map forthe entire study area.

D.

Comprehensive description of zoning recommendations that willenable the City Zoning Consultant to update the zoning for theSBBOA. Zoning code will be adopted as local law as part of the City-Wide Zoning initiative. Any other necessary local laws to achievefuture uses and to ensure implementation.

Building and streetscape design standards and guidelines Description of necessary modifications to existing economic districts

or designations. The description will include a summary of activitiesand findings associated with pre-qualifying brownfield sites forconsideration in the BCP; analysis of existing and proposed economicand green development incentives; and analysis of any non-financialincentives that are identified.

The description of zoning and other local lawswill include a Proposed Zoning Map

The location of new, or modifications to existing,economic districts or zones will be shown, ifpractical, on the Proposed Zoning Map.

E.

Seven to ten professionally designed and produced descriptiveprofiles of strategic sites for use in publicizing and marketing thesite’s availability for redevelopment for desired land uses.

Graphics and illustrative Materials for five to seven possible sites Marketing strategy for the BOA Marketing brochure describing the plan's revitalization objectives and

key projects.

The description will include a RedevelopmentOpportunity Context Map that shows therelationship of each site to the study area and aRedevelopment Opportunity Site Plan Map thatshows each site that is available for development.

F.

RiverBend Site and Development Plan Golf Course Feasibility Study Recreational Needs Assessment and Feasibility Study Sustainability Center Feasibility Study

The description will include a Proposed ProjectsMap that shows the location of all projects thatcan readily be shown on a map and that aredescribed in section F.

G. Neighborhood Revitalization Plan

H. Development and description of a Local Management Structure to

implement the BOA recommendations.

I.

List of local, State and Federal Programs relevant for implementingkey strategic initiatives of the BOA, outline of relevant grantopportunities; and, if desired, completed grant applications.

A complete narrative of the Implementation Strategy and all requiredmaps.

J. All local laws, regulations, standards, and other measures necessary

for the implementation of the BOA Plan.

K.

Action plan and priority list for completing necessary environmentalsite assessments; site access agreements for privately ownedproperties proposed for site assessments; and summary of actionsnecessary and/or accomplished to advance completion of siteassessments, including legal assistance provided.

L.

A complete narrative describing how the requirements of the NYSEnvironmental Quality Review Act have been fulfilled and compliedwith.

M

(FINAL BOA PLAN) Draft BOA Plan, inclusive of the GEIS, and revised Executive

Summary Copies of the draft BOA Plan and DGEIS. Letter summarizing points of agreement from consultation. Draft final BOA Plan and Final GEIS for review and approval. Final BOA Plan and request for designation, and, as appropriate,

certified legislative resolution adopting the BOA Plan and certifiedcopies of adopted local laws.

Copies of the BOA Plan. Executive summary of the final BOA Plan in html or PDF format

Exhibit D: PROCUREMENT LOBBYING RESTRICTIONS

1. Restrictions on Bidder Communications with BUDC

Pursuant to State Finance Law §§139-j and 139-k, this Request for Proposals imposes certainrestrictions on communications between Bidders and BUDC during the procurement process.Bidders are prohibited from making contacts (whether oral, written or electronic) with any BUDCpersonnel or BUDC Board member other than the designated BUDC staff member (unless thecontact is otherwise permitted under State Finance Law §139-j(3)(a)). In addition, Bidders arehereby notified that any contact with any BUDC personnel, BUDC Board member or thedesignated BUDC staff member which a reasonable person would infer is intended to influencethe award of the contract under this Request for Proposals is prohibited. These prohibitions applyfrom the Bidder’s earliest notice of BUDC’s intent to solicit proposals through the final awardand approval of the procurement contract (“Restricted Period”). For purposes of this Request forProposals, the designated BUDC staff member is Peter Cammarata (pcammarata@ecidany.com).

Bidders are hereby notified that BUDC is required to collect certain information whencontacted by a Bidder during the Restricted Period and make a determination of the responsibilityof the Bidder pursuant to State Finance Law §§139-j and 139-k. Certain findings of non-responsibility can result in rejection of a contract award, and in the event of two findings within afour (4) year period, the Bidder may be barred from obtaining governmental procurementcontracts.

2. Bidder’s Affirmation of Understanding of and Agreement pursuant to State FinanceLaw §139-j (3) and §139-j (6)(b)

BUDC is required to obtain written affirmations from all Bidders as to the Bidder’sunderstanding of and agreement to comply with BUDC’s procedures relating to permissiblecontacts (described in paragraph 1 above). The affirmation must be provided to BUDC when theBidder submits its proposal. The form of affirmation to be completed and submitted by the Bidderis included herein as Attachment A.

3. Bidder’s Certification of Compliance with State Finance Law §139-k(5)

State Finance Law §139-k(5) requires Bidders to provide written certification that allinformation provided to BUDC with respect to State Finance Law §139-k is complete, true andaccurate. The certification must be provided to BUDC when Bidder submits its proposal. Theform of certification to be completed and submitted by the Bidder is included herein asAttachment B.

4. Bidder Disclosure of Prior Non-Responsibility Determinations

State Finance Law §139-k(2) obligates BUDC to obtain specific information regardingprior non-responsibility determinations with respect to State Finance Law §139-j. In accordancewith State Finance Law §139-k, each Bidder must disclose whether there has been a finding of

Exhibit D: PROCUREMENT LOBBYING RESTRICTIONS

non-responsibility made within the previous four (4) years by any Governmental Entity due to:(a) a violation of State Finance Law §139-j or (b) the intentional provision of false or incompleteinformation to a Governmental Entity. State Finance Law §139-j sets forth detailed requirementsabout the restrictions on contacts during the procurement process. A violation of State FinanceLaw §139-j includes, but is not limited to, an impermissible contact during the Restricted Period(for example, contacting a person or entity other than the designated contact person, when suchcontact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(3) mandates considerationof whether a Bidder fails to timely disclose accurate or complete information regarding the abovenon-responsibility determination. In accordance with the law, no procurement contract shall beawarded to any Bidder that fails to timely disclose accurate or complete information under thissection, unless a finding is made that the award of the procurement contract to the Bidder isnecessary to protect public property or public health and safety, and that the Bidder is the onlysource capable of supplying the required article of procurement within the necessary timeframe.Attachment C entitled “Offerer Disclosure of Prior Non-Responsibility Determinations” must becompleted by the Bidder and submitted to BUDC at the time of Bidder’s submission of itsproposal.

4. Contract Termination Provision

New York State Finance Law §139-k (5) provides that every procurement contract awardsubject to the provisions of State Finance Law §§139-k and 139-j shall contain a provisionauthorizing termination of the contract in the event that the certification provided by the Bidderthat is awarded the contract is found to be intentionally false or intentionally incomplete. Thefollowing provision is hereby incorporated by reference and included in the contract that isawarded (if one is awarded) pursuant to this Request for Proposals:

BUDC Termination Provision

Pursuant to New York State Finance Law §139-k(5), BUDC reserves the right to terminatethis contract in the event it is found that the certification filed by the Contractor in accordancewith New York State Finance Law §139-k was intentionally false or intentionally incomplete.Upon such finding, BUDC may exercise its termination rights by providing writtennotification to the Contractor in accordance with the written notification terms of thiscontract.

Exhibit D: PROCUREMENT LOBBYING RESTRICTIONS

ATTACHMENT A

Affirmation of Understanding & Agreement pursuant to State Finance Law §139-j (3) and §139-j (6) (b)

I affirm that I understand and agree to comply with the procedures of BUDC relative to permissible contacts asrequired by State Finance Law §139-j (3) and §139-j (6) (b).

By: _______________________________________________ Date:_______________________________

Name: __________________________________________ Title: _________________________________

Contractor Name: _______________________________________________________________________

Contractor Address: _____________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Exhibit D: PROCUREMENT LOBBYING RESTRICTIONS

ATTACHMENT B

Offerer/Bidder Certification:

I certify that all information provided to BUDC with respect to State Finance Law §139-k is complete, true andaccurate.

By: _________________________________________________________ Date: ___________________________

Name: ___________________________________________ Title: ______________________________________

Contractor Name: ______________________________________________________________________________

Contractor Address: ____________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Exhibit D: PROCUREMENT LOBBYING RESTRICTIONS

ATTACHMENT C

Offerer Disclosure of Prior Non-Responsibility Determinations

Name of Individual or Entity Seeking to Enter into the Procurement Contract:______________________________________________________________________________

Address: ____________________________________________________________________________________________________________________________________________________

Name and Title of Person Submitting this Form: _____________________________________________________________________________________________________________________

Contract Procurement Number: N/A

Date:________________________

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking toenter into the Procurement Contract in the previous four years? (Please circle):

No Yes

If yes, please answer the next questions:

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):

No Yes

3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incompleteinformation to a Governmental Entity? (Please circle):

No Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.

Governmental Entity: ___________________________________________________________________________

Date of Finding of Non-responsibility: _____________________________________________________________

Basis of Finding of Non-Responsibility:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(Add additional pages as necessary)

Exhibit D: PROCUREMENT LOBBYING RESTRICTIONS

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract withthe above-named individual or entity due to the intentional provision of false or incomplete information? (Pleasecircle):

No Yes

6. If yes, please provide details below.

Governmental Entity: _________________________________________________________________________

Date of Termination or Withholding of Contract: _____________________________________________________

Basis of Termination or Withholding: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(Add additional pages as necessary)

Offerer certifies that all information provided to BUDC with respect to State Finance Law §139-k is complete, true and accurate.

By: Date:Signature

Name: Title: