SHOVEL READINESS NEW YORK STATE economic Development council Andrew C. Reilly Director of ENVIRONMENTAL Planning, Wendel Adam S. Walters Partner, Real Estate Development Team Leader, Phillips Lytle LLP MAY 23, 2018

NYS Shovel Ready Program AGENDA Shovel Readiness Introduction Three Case Studies NYS Shovel Ready Program Why Not Every Site? Why Shovel Ready? Presenters Introduction Site Evaluations/ Process Multiyear Implementation Efforts Other Case Studies Q&A

INTRODUCTION Andrew C. Reilly, PE, AICP Director of Environmental Planning Wendel Adam S. Walters Partner, Real Estate Development Team Leader Phillips Lytle LLP

Director of Environmental Planning Presenters 35 years professional planning experience Completed 40+ Comprehensive Master and Strategic Plans (Plan implementation leader) 30+ years as a SEQR Consultant 10 Towns Municipal Planning Consultant 3000+ Community Meetings Environmental Consultant Andrew C. Reilly, PE, AICP Director of Environmental Planning Wendel

About Wendel 13 Wendel Office Locations

Partner, Real Estate Development Team Leader Phillips Lytle LLP Presenters Mr. Walters’ practice focuses in the area of real estate development from initial planning and entity formation to project completion, including litigation related to project development. Mr. Walters is particularly experienced in land use and zoning matters including environmental impact review pursuant to the State Environmental Quality Review Act and the National Environmental Policy Act. Mr. Walters has represented many developers and governmental agencies regarding the development of commercial and industrial projects including the development of “shovel ready” business parks and matters related to economic incentives. He is listed as a Leading Individual in Chambers USA: America’s Leading Lawyers for Business. Adam S. Walters Partner, Real Estate Development Team Leader Phillips Lytle LLP

Phillips Lytle LLP Founded in 1834 Regional law firm recognized for legal excellence Offices across New York State and in Washington, DC and Canada Interesting fact: U.S. President Grover Cleveland was a partner with Phillips Lytle from 1874 to 1883.

‘Shovel READY’ DEFINITION 'Shovel Ready' – A phrase describing the status of a project that is considered to be in the advanced stages of development.  Shovel-ready implies that the project can be started by laborers and is past the planning stages. https://www.investopedia.com/terms/s/shovel-ready.asp

Why Shovel READY? Identifies issues with site Reduces unknowns/less surprises Allows for quicker processes and appeals Allows for early local community planning Potentially reduces costs Makes site more marketable

Why NOT EVERY SITE? Costs Time Not knowing what is needed How will it help? Could create additional problems

New York shovel ready program Formal program NYS verifies steps have been taken Added to NY shovel ready site list Provides a shovel ready checklist With or without desired permits, a good process checklist aids site owners in resolving issues

THE STAGES OF SHOVEL READY Multiyear, multifaceted approach These stages are just a guideline Tailor the approach as appropriate Incremental funding is the key!!

Stage 1: Site Evaluation/feasibility analysis Alternative sites Wetlands/water resources on-site Prime agricultural lands/agricultural district Archeological sensitivity

Stage 1: Site Evaluation/feasibility analysis Municipal enthusiasm/support! Work force availability Infrastructure (water, sewer, electric, gas, telecom) Transportation (highways, RRs airports) Other things site selectors might consider

Stage 2: project planning Lock up property rights (typically through options) Site investigations: Archeology Wetlands/streams Phase I/Phase II Geotech T & E Species

Stage 2: project planning (Cont’d) Conceptual Development Plan based on outcomes of site investigations Evaluate infrastructure improvements required to service property ($$$) Land use/zoning SEQR (GEIS vs EA on steroids)

Stage 3: Initial implementation Site acquisition Design and permitting for infrastructure Workforce training initiatives Marketing; marketing; marketing

Stage 4: site improvements Install infrastructure and begin site improvements Marketing!

Stage 5: development Keep pushing infrastructure along Keep advancing site preparation Keep: Marketing!

Some lessons learned Site selection is critical Minimize the hoops you have to jump through Eliminate development killers Must have the basics Develop alternatives analysis early Chose the right SEQR Lead Agency Use SEQR to engage permitting agencies Stay away from incentive zoning

Case Studies Three (3) sample projects Three (3) different shovel ready experiences: NYS shovel ready Attempted NYS shovel ready Pre-permitted site

Case Study #1 | Shovel Ready Site

Niagara County Shovel Ready Project Conceptual site design (roads, infrastructure and lot layout) GEIS Application for shovel ready designation

Niagara County Shovel Ready Project Achieved NYS shovel ready designation Established a planned development district (allowable uses, zoning requirements and design standards) Completed SEQR (GEIS) Unique issues: wetlands, sewer, property ownership and smart growth Although shovel ready, project would require additional work

Case Study #2 | EXISTING INDUSTRIAL PARK EXPANSION

Case Studies Existing park expansion Grant funding Process completed: GEIS Studies Shovel ready checklist Identified problems which could not be resolved Still marketing but identified issues and site needs

Case Study #3 | Lake Erie commerce center

Identified Needs & Methodology Participating and Cooperating Towns CommoN Components Results All Three Used GEIS Identified Needs & Methodology Moving Forward Participating and Cooperating Towns Used the NYS Checklist

Questions? THANK YOU. Andrew C. Reilly, PE, AICP | Wendel areilly@wendelcompanies.com | wendelcompanies.com | 877.293.6335 Adam S. Walters, Partner, Real Estate Development Team Leader | Phillip Lytle LLP awalters@phillipslytle.com | phillipslytle.com | 716.847.7023 or 585.238.2023