N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.25

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1001.25 - Exhibit 25: effect on transportation

Exhibit 25 shall contain:

(a) A conceptual site plan, drawn at an appropriate scale, depicting all facility site driveway and roadway intersections, showing:

(1) for generation facility sites other than for wind turbines, horizontal and vertical geometry, the number of approach lanes, the lane widths, shoulder widths, traffic control devices by approaches, and sight distances;

(2) for wind turbine sites, access road locations and widths, including characterizations of road intersection suitability.

(b) A description of the pre-construction characteristics of the roadways in the vicinity of the facility, including:

(1) a review of existing data on vehicle traffic, use levels and accidents;

(2) a review of transit facilities and routes, including areas of school bus service;

(3) an identification of potential approach and departure routes to and from the facility site for police, fire, ambulance and other emergency vehicles;

(4) a review of available load bearing and structural rating information for expected facility traffic routes; and

(5) in congested urbanized areas, the results of 24 hour traffic volume counts and peak turning movement counts for typical weekday morning, weekday afternoon, and Saturday peaks, at representative critical intersections.

(c) An estimate of the trip generation characteristics of the facility during both construction and operation, including:

(1) for each major phase of construction, and for the operation phase, an estimate of the number and frequency of vehicle trips, including time of day and day of week arrival and departure distribution, by size, weight and type of vehicle;

(2) an identification of approach and departure routes to and from the facility site out to a 5-mile distance for vehicles carrying water, fuel oil, bulk fuels (including wood, biomass, coal and municipal solid waste), chemicals or hazardous materials for construction or operation of the facility;

(3) for major cut or fill activity (spoil removal or deposition at the facility site and affected interconnection areas), a separate estimate of the number and frequency of vehicle trips, including time of day and day of week arrival and departure distribution, and including a delineation of approach and departure routes, by size, weight and type of vehicle; and

(4) an identification of approach and departure routes to and from the facility site for construction workers and employees of the facility.

(d) An analysis and evaluation of the traffic and transportation impacts of the facility, including:

(1) a comparison of projected future traffic conditions with and without the proposed facility, the analysis to be conducted separately for the peak construction impacts of the facility and for the typical operations of the completed facility, including in congested urbanized areas a calculation and comparison of the level of service for each representative intersection, giving detail for each turning movement;

(2) an evaluation of the adequacy of the road system to accommodate the projected traffic, the analysis to be conducted separately for the peak construction impacts of the facility and for the typical operations of the completed facility, the analysis to also include an identification of the extent and duration of traffic interferences during construction of the facility and any interconnections;

(3) an assessment of over-size load deliveries, and the adequacy of roadway systems to accommodate oversize and over-weight vehicles; improvements necessary to accommodate oversize or overweight deliveries; impacts associated with such improvements; and mitigation measures appropriate to minimize such impacts;

(4) an identification and evaluation of practicable mitigation measures regarding traffic and transportation impacts, including time restrictions, the use of alternative technologies, the construction of physical roadway improvements, the installation of new traffic control devices, and the repair of local roads due to damage by heavy equipment or construction activities during construction or operation of the facility; and

(5) a description of all road use and restoration agreements, if any, between the applicant and landowners, municipalities, or other entities, regarding repair of local roads damaged by heavy equipment or construction activities during construction or operation of the facility.

(e) An analysis and evaluation of the impacts of the facility on airports and airstrips, railroads, subways, buses and any other mass transit systems in the vicinity of the facility. The analysis and evaluation shall include impacts on military training and frequent military operations in the National Airspace System and Special Use Airspace designated by the Federal Aviation Administration.

(f) If any construction or alteration is proposed that requires a Notice of Proposed Construction to be submitted to the administrator of the Federal Aviation Administration (FAA) in accordance with 14 Code of Federal Regulations, part 77 pursuant to 49 U.S.C., section 44718 (generally required for all construction or alteration of more than 200 feet in height above the ground level, and for certain other construction or alteration near or at civilian public airports and heliports and military airports and heliports or in instrument approach areas as defined by the FAA):

(1) The application shall include a statement that the applicant has:

(i) received an informal Department of Defense review of the proposed construction or alteration in accordance with 32 Code of Federal Regulations, section 211.7; or

(ii) received a formal Department of Defense review of the proposed construction or alteration in accordance with 32 Code of Federal Regulations, section 211.6.

(2) If such construction or alteration is proposed to be located:

(i) within 12 miles of the nearest point of the nearest runway of a commercial service, cargo service, reliever or general aviation (public use) airport or a military airport with at least one runway more than 3,200 feet in actual length; or

(ii) within six miles of the nearest point of the nearest runway of a commercial service, cargo service, reliever or general aviation (public use) airport or a military airport with its longest runway no more than 3,200 feet in actual length; or

(iii) within three miles of the nearest point of the nearest point of the nearest landing and takeoff area of a commercial service, cargo service, reliever or general aviation (public use) heliport or military heliport:

The application shall include a statement that the applicant has consulted with the operators of such airports and heliports that are non-military facilities, has provided a detailed map and description of such construction or alteration to such operators, and has requested review of and comment on such construction or alteration by such operators.

The application shall include a statement that the applicant has provided a detailed map and description of such construction or alteration to the operators (base commanders) of such airports and heliports that are military facilities.

(3) The application shall include a detailed description of the responses received in such reviews and consultations required in paragraphs (1) and (2) of this subdivision, including specifically whether and why such operators believe such construction or alteration should be:

(i) unrestricted;

(ii) subject to site-specific requirements; or

(iii) excluded from certain areas.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.25