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HomeMy WebLinkAboutAgenda - City Council - 07/16/2018 AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Monday, July 16, 2018 1. Pledge of Allegiance. (6:30 – 6:31 PM) 2. Instructions on exiting building in case of emergency. Kevin Dorn (6:31 – 6:32 PM) 3. Agenda Review: Additions, deletions or changes in order of agenda items. (6:32 – 6:33 PM) 4. Possible executive session to discuss a real estate transaction for which the City is a party. (6:33 – 7:03 PM) 5. Comments and questions from the public not related to the agenda. (7:03 – 7:13 PM) 6. Announcements and City Manager’s Report. (7:13 – 7:28 PM) 7. Consent Agenda: (7:28 – 7:30 PM) A. *** Sign Disbursements B. *** Warn public hearing for the Council’s regular meeting on August 6, 2018 relating to the ballot item raising the South Burlington property tax rate by 1 cent, incurring debt and dedicating those funds to expanding the bike and pedestrian trail network to be voted on by the public on August 14. 8. *** Public hearing and possible action related to the adoption of amendments to the South Burlington Land Development regulations. (7:30 – 7:45 PM) 9. *** Consider and possibly approve agreement with the Town of Shelburne related to compensation associated with access to water storage in the so­called East Water Tank. Justin Rabidoux and Andrew Bolduc. (7:45 – 8:00 PM) 10. Presentation of resolution in support of SoBu Spaces 2020 Concept (Public Library/Senior Center/City Hall) by the Library Board of Trustees and the Recreation and Parks Committee. Stacy Pape,Vice Chair, Library Board of Trustees and Jennifer Kochman, Chair, Recreation and Parks Committee (8:00 – 8:10 PM) 11. SuBu Spaces 2020 – Library/Senior Center/City Hall ­ project update – Steve Roy and Ilona Blanchard (8:10 – 8:30 PM) 12. *** Council consideration and possible adoption of resolution endorsing SoBu Spaces 2020 conceptual design (Public Library/Senior Center/City Hall public building) (8:30 – 8:50 PM) 13. *** Council consideration and possible approval of I-89/Exit 14 pedestrian/bicycle crossing BUILD grant (federal) application and letter of support which includes a local match ­ Ilona Blanchard. (8:50 – 9:05 PM) 14. *** Council interviews of applicants for City Boards, Commissions and Committees (9:05 – 10:05) 15. Council appointment of South Burlington Representative and Alternate to the Chittenden County Regional Planning Commission Board. (Currently Chris Shaw as Board Member and Meaghan Emery as Alternate). – Kevin Dorn (10:05 – 10:10 PM) 16. Councilors’ reports from Committee assignments. (10:10 – 10:20 PM) 17. ***Convene as South Burlington Liquor Control Commission to consider the following application: (10:20 – 10:25 PM) Doubletree by Hilton (1st class & outside consumption) VT Pool & Bar (outside consumption) 18. Other Business (10:25 – 10:30 PM) 19. Adjourn (10:30 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Cost of development/cost of open space. Issues that have been discussed by the Council where further action is pending: 1. Street light policy. 2. Airport noise survey. 3. Evaluate water billing and rate structure. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 07/17/18 Date Check No. Paid To Memo Amount Paid 7/17/2018 3400 South Burlington Ace 25.36 Date Voucher Number Reference Voucher Total Amount Paid 6/29/2018 VI-14575 809449/3 10.36 10.36 7/10/2018 VI-14584 809634/3 15.00 15.00 7/17/2018 3401 Aldrich & Elliott, PC 3,242.39 Date Voucher Number Reference Voucher Total Amount Paid 7/9/2018 VI-14581 77828 3,242.39 3,242.39 7/17/2018 3402 Champlain Water District 61,048.65 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2018 VI-14569 SBWD-339 61,048.65 61,048.65 7/17/2018 3403 Champlain Water District 147,216.57 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2018 VI-14571 SBWD-332 187.85 187.85 6/30/2018 VI-14572 JUNE CONSUMPTION 147,028.72 147,028.72 7/17/2018 3404 E.J. Prescott, Inc. 208.74 Date Voucher Number Reference Voucher Total Amount Paid 7/3/2018 VI-14585 5407486 208.74 208.74 7/17/2018 3405 Fastenal Company 74.44 Date Voucher Number Reference Voucher Total Amount Paid 6/19/2018 VI-14573 VTBUR245919 63.29 63.29 6/18/2018 VI-14574 VTBUR245876 11.15 11.15 7/17/2018 3406 F.W. Webb Company 9,224.79 Date Voucher Number Reference Voucher Total Amount Paid 6/20/2018 VI-14570 58938906 9,224.79 9,224.79 7/17/2018 3407 Donald Gill 90.02 Date Voucher Number Reference Voucher Total Amount Paid 7/9/2018 VI-14582 REFUND 90.02 90.02 7/17/2018 3408 Office Essentials 1,203.86 Date Voucher Number Reference Voucher Total Amount Paid 6/25/2018 VI-14577 35175 197.80 197.80 7/2/2018 VI-14579 35198 8.91 8.91 7/6/2018 VI-14583 35208 997.15 997.15 7/17/2018 3409 City Of South Burlington 330,320.72 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2018 VI-14567 JUNE SEWER CHARGES 330,320.72 330,320.72 Printed: July 12, 2018 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 07/17/18 Date Check No. Paid To Memo Amount Paid 7/17/2018 3410 City Of South Burlington 167,794.21 Date Voucher Number Reference Voucher Total Amount Paid 6/30/2018 VI-14568 JUNE STORMWATER FEES 167,794.21 167,794.21 7/17/2018 3411 GW Tatro Construction Inc. 2,507.50 Date Voucher Number Reference Voucher Total Amount Paid 6/13/2018 VI-14580 GWT18025 2,507.50 2,507.50 7/17/2018 3412 Ti-Sales Inc. 247.06 Date Voucher Number Reference Voucher Total Amount Paid 6/20/2018 VI-14576 INV0092826 247.06 247.06 7/17/2018 3413 USA Blue Book 37.75 Date Voucher Number Reference Voucher Total Amount Paid 6/18/2018 VI-14578 601898 37.75 37.75 Total Amount Paid: 723,242.06 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: July 12, 2018 Page 2 of 2 WARNING City of South Burlington August 6, 2018 7:30pm Public Informational Hearing The legal voters of the City of South Burlington are hereby notified and warned that a public informational hearing on the August 14, 2018 ballot questions will be held at South Burlington City Hall, 575 Dorset Street, South Burlington, Vermont on Monday, August 6, 2018 at 7:30 P.M. The municipal ballot questions warned for the August 14, 2018 special city meeting to be discussed at the August 6, 2018 hearing are: ARTICLE I APPROVAL OF TEN YEAR TAX FOR BICYCLE AND PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS Starting in FY 2020 for a period of ten years, shall the City be authorized to levy an additional one penny on the annual city tax rate, the entirety of the proceeds of which are to be deposited into a reserve fund established by the City Council for the sole purpose of bicycle and pedestrian infrastructure improvements within the City? ARTICLE II INCURRING BONDED DEBT FOR BICYCLE AND PEDESTRIAN INFRASTRUCTURE IMPROVEMENTS Only if Article I receives a vote in the affirmative, shall bonds of the City be issued in an amount not to exceed the anticipated proceeds of the ten year one penny tax levy on the annual city tax rate, of an anticipated total amount of $2,968,537.25, for the sole purpose of funding bicycle and pedestrian infrastructure improvements within the City? 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Public Hearing on Amendments to the Land Development Regulations DATE: July 16, 2018 City Council meeting On this week’s agenda are a public hearing following by possible action to adopt amendments to the Land Development Regulations. The Council voted to warn this hearing on June 18th and subsequently made a minor modification on June 26th, which was included in the formal warning notice. Enclosed with your packet are the draft amendments to the Land Development Regulations, the public hearing notice for this meeting, and the Planning Commission’s updated Report. In accordance with State law, the Planning Commission reviewed the changes made by Council and updated the Report accordingly. Beyond minor adjustments to the Report, the Commission had no further comment on the modifications. Staff has received no comments for the City Council public hearing. Recommendations: 1. Staff recommends that the Council open the public hearing, host a brief presentation of the changes from the Planning Commission chair, hear from the public, and, if appropriate, close the public hearing. 2. The Council is welcome and encouraged to discuss the input received. If, following this input, the Council is comfortable with the amendments, a motion as follows could be made: “I move to adopt the draft amendments to the Land Development Regulations, as presented.” Should the Council wish to make additional changes to the draft amendments, staff can help to guide the Council through options. Any changes would require, at a minimum, an additional warned public hearing. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com WARNING – Public Hearing July 16, 2018 PLEASE TAKE NOTICE that the South Burlington City Council will hold a public hearing on Monday, July 16 at 7:30 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to consider amendments to the South Burlington Land Development Regulations. The amendments affect all parts of the City. The purpose of the hearing is to consider the following: A. Modify Landscape performance bonding requirements in all districts, eliminating requirements for small projects and reducing requirements for large projects B. Modify City Center Form Based Code T4 District: i. Permit buildings of up to five (5) stories in height ii. Establish Gateway Area architectural standards at Dorset Street/ Williston Road Intersection iii. Modify upper story glazing requirements C. Except residential uses, remove applicability of the Interstate Highway Overlay District ramp setbacks from properties located in the Form Based Code T4 District D. Establish new use: Limited Neighborhood Commercial, allowable in the following districts: R4, R7, R7-NC, R12, SEQ-NR, SEQ-NRN, SEQ-VR E. Eliminate build-to standards for non-residential buildings in the Southeast Quadrant Village Commercial District F. Minor technical corrections. Specific Sections to be Amended 8.03 Land Development and Building Placement 8.11 Non-conformities 8.13 T-4 Urban Multi-Use Building Envelope Standards 9.09 SEQ-NR Sub-District; Specific Standards 10.04 Interstate Highway Overlay District (IHO) 15.15 Performance Bonds, Escrow Accounts and Letters of Credit 13.28 Limited Neighborhood Commercial Use [new] Appendix C: Table of Uses Map 4: Overlay Districts Copies of the proposed amendments: Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Mon - Fri or under departments/planning at: www.southburlingtonvt.gov 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Draft Amendments to the South Burlington Land Development Regulations Table of Contents Subject Pages A Modifications to Landscape Bond Requirements 1 B Modifications to the City Center Form Based Code T4 District 1-5 C Removal of applicability of the Interstate Highway Overlay District ramp setbacks from properties located in the Form Based Code T4 District 6 D Create new use: Limited Neighborhood Commercial 6-8 E Eliminate build-to zone specifications for non-residential buildings in the Southeast Quadrant Village Commercial District 8-9 F Minor technical corrections. 9 draft 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Draft Amendments to the South Burlington Land Development Regulations Warning for City Council Public Hearing July 16, 2018 Key to amendments: Additions in red underline Deletions in red strikethrough Comments on use of these draft amendments in red italics with the word COMMENT A. MODIFICATIONS TO LANDSCAPE PERFORMANCE BOND REQUIREMENTS 15.15 Performance Bonds, Escrow Accounts and Letters of Credit. B. All other bonds, escrow accounts, or letters of credit required by these Regulations, including but not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required demolition and removal of buildings. (1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee all landscaping and plantings as required under Article 14, and any site restorations or rehabilitations as required under Article 3 or Article 13, for a period as described in this section. (a) For development with a total landscaping budget requirement of $2,000 or less, no performance bond, escrow account, or letter of credit shall be required. (b) For development with a total landscaping budget requirement of over $10,000, the required amount for performance bond, escrow account, or letter of credit shall be $10,000, plus fifty percent (50%) of the landscaping budget amount over $10,000. Example: a development with a total required landscaping budget of $20,000 shall have a performance bond, escrow account, or letter of credit of not less than $15,000. B. MODIFICATIONS TO CITY CENTER FORM BASED CODE T4 DISTRICT: 1. Permit building of up to five (5) stories in height 2. Establish Gateway Area architectural standards at Dorset Street/ Williston Road Intersection 3. Modify upper story glazing requirements draft 2 8.13 T-4 Urban Multi-Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T4 Figures (a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max.See note 3 (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.See note 3 (5)Frontage See T4 Figures (a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1)See note 3 (b)Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) See note 3 (b)Percentage of Frontage Buildout within the Primary Build-to-Zone 75% Min.100% Max.See note 3 (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.100% Max.See note 3 (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non- residential first story use 36' Max.54' Max.See note 3 (b)Maximum distance between Public Entrances, non- residential first story use 46' Max.72' Max.See note 3 (c )Average Frequency of Operable Entrances, residential first story use 36' Max.54' Max.See note 3 (d)Maximum distance between Operable Entrances, residential first story use 46' Max.72' Max.See note 3 24' Max. 14' Max T4 BES Standard Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None Permitted 2 Min., 4 5 Max. 1 Max.draft 3 (7)Glazing See Glazing Figure (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height Min. 20% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent (8) Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter See note 3 (b)Length See note 3 (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c) Private commercial way (d) Support Street (e) Commercial Street (f) Avenue (g) Commercial Boulevard (h) Destination Street (i) Market Street and Garden Street (j) Path (k) Pedestrian Pass (l) Alley (m) All other street types (4) Curb Cuts (not including street intersections) (a) On Market Street (b) On Garden Street (b) All other streets See Note 2 See Note 2 2,800' Max. Permitted, Qualifies as a Street Permitted Connection, Not a Street Prohibited 300' Min., 700' Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Encouraged Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street 100' Min. distance between curb cuts Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street draft 4 (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) (b) (c ) (d) (d) (e ) (2) (a) (b) (c) (d) (e) Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) (5) No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one or more significant architctural features, such as but not limited to, vertical projections, changes in materials, top-story open spaces, and/or first-floor prominent features. Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under this subsection; Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. (G) Streetscape Standards (1) General Standards (a) (b) (c ) (d) Proposed development shall comply with all requirement of Article 11 (2) Streetscape requirements (a) Benches (b) Bicycle Parking (c ) Street Tree Spacing, on center All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Permitted May be used to meet short-term requirements of 13.14 50' Max. average All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works.draft 5 . Notes (1) (2) Upper Story Glazing Shall comply with the following standards: (3)Standard does not apply to a building façade abutting an Intertstate or Interstate ramp (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade.draft 6 C. REMOVE APPLICABILITY OF THE INTERSTATE HIGHWAY OVERLAY DISTRICT RAMP SETBACKS FROM PROPERTIES LOCATED IN THE FORM BASED CODE T4 DISTRICT 8.03 Land Development and Building Placement … C. Special Requirements, Prohibitions & Exceptions … (4) Residential uses are prohibited within fifty (50) feet horizontal distance of ramp rights-of-way, both existing and planned, for Interstate 89 and Interstate 189. 10.04 Interstate Highway Overlay District (IHO) A. Purpose. It is the purpose of the Interstate Highway Overlay District to provide for a safe and aesthetically attractive buffer between the right-of-way of the Interstate Highway and developed land uses within South Burlington. B. Boundaries of the Interstate Highway Overlay District. The Interstate Highway Overlay District shall include the following areas, as depicted in Figure 10-1: (1) all land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate 189 rights-of-way, and (2) all lands within fifty (50) feet horizontal distance of the Iinterstate ramps rights-of-way, both existing and planned, for Interstate 89 and Interstate 189, as depicted in Figure 10-1except within the City Center Form Based Code District. D. LIMITED NEIGHBORHOOD COMMERCIAL USE Article 13: Supplemental Regulations ….. 13.28 Limited Neighborhood Commercial Use The purpose of this use is to promote small, context-sensitive, limited and architecturally relevant commercial uses in walking distance to a residential neighborhood. While these uses may service a broader geography and limited pass-by traffic, these uses are intended to be easily accessible by walking from the majority of the Planned Unit Development in which the use is located. A. Applicability. 1. As permitted in Appendix C. 2. The proposed use shall only be approved as part of a new or amended master plan of 50 dwelling units or more. B. General Standards The proposed use shall be complimentary to and integrated within the Planned Unit Development. To ensure this, as part of master plan approval or amendment the DRB may impose additional conditions on the use with respect to: 1. Traffic and vehicular access; 2. Maximum parking; 3. Enhanced pedestrian circulation and access; 4. Additional landscaping to serve the use beyond minimum requirements. draft 7 C. Specific standards 1. Location a. The use shall be located so as to be easily accessible to the Planned Unit Development via sidewalks or multi-use paths. b. New buildings associated with the use shall be located such that traffic is not increased through the majority of the Planned Unit Development in which it is located. It should not divide existing residential areas, unless the Board finds during initial master plan approval that a central location best serves the Planned Unit Development. c. Hours of use shall be limited to 6 am to 10 pm. 2. Size and Scale. The use is restricted: a. To one building, with a footprint no larger than 6,000 SF. b. To two stories or a total building height of 28 feet. c. To 5,000 SF GFA per use. d. Uses ancillary to the proposed use which are fully below grade will not count towards the maximum use size. Ancillary uses may include administrative office space, storage space and mechanical space, provided they serve the principal use. 3. Specific use of space. The following may be permitted as part of the Limited Neighborhood Commercial Use: a. Restaurant b. Retail sale of groceries- predominantly food with some related household goods c. Personal instruction d. Child care e. Artist production studio 4. Drive throughs are expressly prohibited. 5. Items listed in Subsection (C) (3)( a)-(e) may not be permitted as part of the Limited Neighborhood Commercial Uuse where such uses already exist within one-half mile of the proposed Limited Neighborhood Commercial Use. 6. Architectural standards. Buildings and accessory structures associated with the proposed use shall demonstrate architectural relevance, coordinating or complimenting the residential style of dwelling units in the area. Buildings shall follow the specific standards outlined in Section 9.10(D), (1)-(2). draft 8 E. BUILD-TO STANDARDS IN THE SEQ-VC DISTRICT 9.09 SEQ-VR Sub-District; Specific Standards … D. Design Standards for Non-Residential Land Uses in the SEQ-VC Sub-District (1) Building Orientation. Non-residential buildings must be oriented to the principal public street on which the building has a façade. Primary building entries must be oriented to and open onto a sidewalk or other public walkway providing access from the public street. Secondary building entries may open onto parking areas. (2) Building Façades (a) Building facades should be varied and articulated for pedestrian interest. (b) Street level windows and numerous shop entries are encouraged along the sidewalk. Blank or solid walls (without glazing) should not exceed thirty feet (30’) in length at the street level. (c) Building entries should be emphasized with special architectural treatment. (d) All buildings should have a well-defined ‘base’ with richer detail in the pedestrian’s immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a recognizable ‘top’ consisting of elements such as cornice treatments, roof overhangs with brackets, textured materials, stepped parapets. (e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet. Mansard style roofs are discouraged. (f) Buildings in the SEQ-VC should employ “four-sided” design principles intended to ensure a high visual quality from any publicly-used vantage point. draft 9 (3) Building Setbacks. New buildings with commercial uses must be built within a build-to-zone established no less than fifteen feet (15’) and no more than twenty feet (20’) from the edge of the curb. The area between the building and the curb shall provide for convenient pedestrian access via sidewalk or recreation path; see Section 9.10(C)(1) above. Parking is prohibited between the building and the sidewalk. F. TECHNICAL CORRECTIONS 1. Section 8.11, City Center Form Based Code Nonconformities 2. Appendix C, Table of Uses Section 8.11 Nonconformities … C. Nonconforming Structures … (2) Repair and Alterations. Report and alterations may be performed on any nonconforming structure, provided they comply with the Code and the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered in this total area of alterations calculation. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Repair and replacement of non-conforming exterior finish materials. Normal repair of non- conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind replacement of vinyl exterior finish materials with new vinyl finish materials shall also be permitted. Replacement of any other type of exterior finish materials listed as prohibited in Section 8.07 shall not be permitted. (c) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. Appendix C: Table of Uses COMMENT: SEQ Neighborhood Residential North: Amendment adds SEQ-NRN to the Table of Uses. The amendment places the SEQ-NRN district alongside the SEQ-Neighborhood Residential; matching the allowable districts in allowable uses per in the intent of the district when established. See Amendment Letter D for the Table of Uses change. draft 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Updated Amendment & Adoption Report July 10, 2018 In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission held a public hearing on Tuesday, June 12, 2018 at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. Modify landscape performance bonding requirements in all districts B. Modify City Center Form Based Code T4 District: 1. Permit buildings of up to five (5) stories in height 2. Establish Gateway Area architectural standards at Dorset Street/ Williston Road Intersection 3. Modify upper story glazing requirements C. Remove applicability of the Interstate Highway Overlay District ramp setbacks from properties located in the Form Based Code T4 District D. Establish new use: Limited Neighborhood Commercial, allowable in the following districts: R4, R7, R7-NC, R12, SEQ-NR, SEQ-NRN, SEQ-VR E. Eliminate build-to standards for non-residential buildings in the Southeast Quadrant Village Commercial District F. Minor technical corrections. Following approval and submittal of the amendments above to the City Council, the Council proposed minor changes, including an update of the description as follows: C. Except for residential uses, remove applicability of the Interstate Highway Overlay District ramp setbacks from properties located in the Form Based Code T4 District The Planning Commission reviewed the changes and has updated this Report accordingly. Brief Description and Findings Concerning the Proposed Amendments 2 The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. Modify landscaping bonding requirements in all districts Brief explanation of the proposed bylaw The amendment would eliminate landscape bonding requirements for projects with less than $2,000 in landscaping and would reduce landscape bonding to 50% of the required value of landscaping above $10,000. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The City’s Comprehensive Plan recognizes and supports the existing of landscaping associated with development and also supports efforts to foster housing affordability and economic activity. The proposed amendment retains landscaping requirements while simplifying associated bonding requirements. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments do not impact future land uses or densities as discussed in the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. B. Modify City Center Form Based Code: 1. Permit buildings of up to five (5) stories in height 2. Establish Gateway Area architectural standards at Dorset Street/ Williston Road Intersection 3. Modify upper story glazing requirements 3 Brief explanation of the proposed bylaw The proposed bylaw would increase the maximum height of buildings in the Form Based Codes T4 District from four (4) stories to five (5) stories. This additional floor would not be permitted within 150 linear feet of a building in an adjacent Residential 4 district. The amendment would also establish a Gateway feature, which would apply to properties at the intersection of Dorset Street and Williston Road. Buildings within this gateway would be required to include one or more significant architectural features highlighting the corner. Finally, the amendment would eliminate the requirement for upper story glazing to be placed no closer than 30” from building corners. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments will support the continued development of a vibrant and pedestrian-oriented environment in the City Center area. “The vision for the Central District is to effectively blend existing neighborhoods, commercial areas, natural areas, underdeveloped properties, and undeveloped lands into the true downtown of South Burlington. This downtown will provide increased connectivity through new cross streets; support an integrated mix of housing, retail, and employment; and be a primary focus point for compact, walkable development within the City.” (P. 3-9) “Objective 40. Create a cohesive, diverse, dynamic, and people-oriented City Center with a strong identity and ‘sense of place’ that incorporates harmonious design, an appropriate mix of residential and non-residential uses and public amenities that complement adjoining neighborhoods.” “Strategy 102. Use design review and/or form-based coding to promote the development of aesthetically pleasing, pedestrian-focused and highly functional environments.” “Strategy 4. Implement a variety of tools and programs to foster innovating approaches to preserving and increasing the City’s supply of affordable and moderate income housing, including…. inclusionary zoning…” “Strategy 5. Increase the supply of safe and affordable housing by allowing higher-density, mixed use and mixed-income development with City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial / industrial uses.” The proposed amendments advance the availability of safe and affordable housing by allowing for greater intensity of development in the T4 District. (2) Is compatible with the proposed future land uses and densities of the municipal plan. 4 The Comprehensive Plan designates this area as “medium to higher intensity, mixed use”. The increased height allowance is consistent with the Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” The proposed amendment would not impact any specific proposals for planned community facilities. C. Except for residential uses, remove applicability of the Interstate Highway Overlay District ramp setbacks from properties located in the Form Based Code T4 District Brief explanation of the proposed bylaw Removes the building 50’ setback from the Interstate ramp Right-of-Way for properties in the FBC T4 District. Residential uses remain subject to the 50’ setback, however. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments will support the continued development of a vibrant and pedestrian-oriented environment in the City Center area. “The vision for the Central District is to effectively blend existing neighborhoods, commercial areas, natural areas, underdeveloped properties, and undeveloped lands into the true downtown of South Burlington. This downtown will provide increased connectivity through new cross streets; support an integrated mix of housing, retail, and employment; and be a primary focus point for compact, walkable development within the City.” (P. 3-9) “Objective 40. Create a cohesive, diverse, dynamic, and people-oriented City Center with a strong identity and ‘sense of place’ that incorporates harmonious design, an appropriate mix of residential and non-residential uses and public amenities that complement adjoining neighborhoods.” “Strategy 102. Use design review and/or form-based coding to promote the development of aesthetically pleasing, pedestrian-focused and highly functional environments.” The amendment is not expected to have an effect on the availability of sage and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendment, as noted above, is consistent with future land uses and densities in the Plan. 5 (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would have a minor positive impact on the provision of future planned community facilities by enabling planned roadways and development to be accommodated on the sites. D. Eliminate build-to requirements for non-residential buildings in the Southeast Quadrant Village Commercial District Brief explanation of the proposed bylaw The amendment seeks to eliminate language which currently requires that new commercial buildings in the SEQ-VC district be built in a very narrow band of 15-20 feet from the edge of a curb. This has been challenging to implement for all parties. Other setback requirements exist which makes this line somewhat superfluous. (4) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The amendment/deletion is technical in nature and does not impact the municipal plan or the availability of safe and affordable housing. (5) Is compatible with the proposed future land uses and densities of the municipal plan. The amendment/deletion is technical in nature and does not impact future land uses or densities as discussed in the municipal plan. (6) Carries out, as applicable, any specific proposals for any planned community facilities. The amendment/deletion is technical in nature and does not impact specific proposals for any planned community facilities. E. Allow Small-scale commercial uses/structures in / adjacent to master-planned residential districts Brief explanation of the proposed bylaw The proposed bylaw amendment would permit small, context-sensitive, limited-use commercial development in master-planned residential areas otherwise not zoned for such uses. Such a use would also require architectural relevance and would be required to be within walking distance of the residential area it would serve. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 6 The amendment promotes all of the four major visions of the 2016 South Burlington Comprehensive Plan, which calls for the South Burlington to be “Affordable and Community Strong, Walkable, Green and Clean, and Opportunity Oriented.” Permitting the location of small restaurants and food markets to be close to or within master planned residential communities creates an opportunity for residents to walk for some of their basic needs. While this serves the whole spectrum of a population, it is especially beneficial to those with income or mobility restrictions. Residents who do not desire or have access to private transportation will have expanded opportunities. (2) Is compatible with the proposed future land uses and densities of the municipal plan. While the amendment is not targeted towards a specific quadrant of the City of zoning district, it meets overall goals for future land use. In 2016, the City enhanced the language relating to ‘Lower intensity, principally residential’ areas to include “commercial uses” which are “limited to those serving a small or local population.” (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. F. Minor technical corrections Brief explanation of the proposed bylaw Several minor typographic, numbering, and clarifying changes are proposed throughout the document. (4) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The amendments are technical in nature and do not impact the municipal plan or the availability of safe and affordable housing. (5) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are technical in nature and do not impact future land uses or densities as discussed in the municipal plan. (6) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments are technical in nature and do not impact specific proposals for any planned community facilities. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com TO: Kevin Dorn, City Manager FROM: Ilona Blanchard, Project Director SUBJECT: Consideration and possible adoption of a resolution endorsing the SoBu Spaces 2020 conceptual design for a City building to be located at 180 Market Street housing a library, senior center and city hall DATE: July 13, 2018 BACKGROUND: Last month the project architect presented a proposed conceptual design for the construction of 180 Market Street, a new City building that will house a library, senior center and city hall in City Center. This concept is the result of significant public input and discussion at workshops, public and community meetings and in stakeholder groups regarding the interests of the community, future needs, design elements and how to balance priorities and capacities. Both the Library Board of Trustees and the Recreation and Parks Committee have endorsed the concept. At this time, the design team led by Wiemann Lamphere has been closely engaged with developing the concept in order to support Engelberth Construction’s development of a cost estimate. A preliminary cost estimate has been developed. This cost estimate has allowances for several items for the concept has not fleshed out or resolved. The preliminary cost estimate is a tool to guide project material and design choices in further iterations of the design. It is reasonable to expect to be able to reduce costs up to 10% without affecting the program if so desired. The design team is steadily working towards a level of design Background, Continued, Page 2 detail from which an estimate may be derived in which there is sufficient confidence that it can be used for a November bond vote to fund a project that is completed in 2020. The final cost estimate that is presented for a proposed August 20 public hearing on the November bond vote question would need to be based on considerably more detail than in the concept presented in June. At this time the concept is being developed into design development documents in order to remain on track to open in 2020. ATTACHMENT: • Draft Resolution • Purpose and Need Statement approved by the Planning Commission and Library Board of Trustees • Concept Drawings RECOMMENDATION: Listen to the presentation and review the resolution. ADDITIONAL CONSIDERATION There is continued effort on the project. In order to develop a workable estimate for the November vote and a completed project in 2020, work will continue to develop design documents based on the concept, unless directed otherwise. R-2018 - RESOLUTION A RESOLUTION APPROVING THE CONCEPT FOR 180 MARKET STREET HOUSING A LIBRARY, SENIOR CENTER AND CITY HALL WHEREAS, the development of City Center as a downtown is a priority for the City of South Burlington; and, WHEREAS, a Public Library, Senior Center and City Hall have long been sought by the community and are included in the Capital Improvement Program and the adopted TIF District Plans as an amenity to the community and an anchor for the downtown; and, WHEREAS, the City has contracted for design services with Wiemann Lamphere Architects to design the building and Engelberth Construction to manage the construction during the pre-construction phase and potentially during the construction phase; and, WHEREAS, Wiemann Lamphere Architects on behalf of the City has hosted numerous public workshops, presented to community committees, groups and stakeholders, including the Library Board of Trustees and South Burlington Seniors, as well as facilitated sessions with the City Council in order to gather ideas, needs, desires and to inform the design; and, WHEREAS, a concept has been developed and was shared on June 25th, 2018, which incorporates the full program and meets today’s needs and tomorrow’s growth requirements for the library, senior center, and city hall; and, WHEREAS, this concept meets the Planning Commission and Library Board of Trustee’s joint Purpose and Need Statement for the project adopted on April 24, 2018 and March 8, 2018 respectively, including “The purpose of the SoBu Spaces 2020: Library + Senior Center + City Hall is to create a central place accessible for individuals to experience, learn, entertain, and share ideas and information … to provide resources and programming for all ages, beliefs, and backgrounds; capitalize on creative designs that maximize function and usage; increase opportunities for public engagement and growth; and cultivate a sense of ownership and civic pride while spurring growth and economic development in City Center”; and, WHEREAS, the Library Board of Trustees and the Recreation and Parks Committee have unanimously recommended that the City Council approve this concept. NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby adopts the concept for the Library + Senior Center + City Hall to be located at 180 Market Street in City Center. APPROVED this _____ day of __________, 2018. SOUTH BURLINGTON CITY COUNCIL __________________________________ ________________________________ Helen Riehle, Chair Meaghan Emery, Vice Chair __________________________________ ________________________________ Tim Barritt, Clerk David Kaufman __________________________________ Tom Chittenden J u n e 2 5 , 2 0 1 8 1 s t F l o o r •C h i l d r e n ’ s L i b r a r y C o l l e c t i o n s i z e : C o l l e c t i o n p l a n n i n g : 2 4 , 0 0 0 i t e m s M i x o f b i n s a n d s h e l v i n g A s s u m e s 1 0 % i n c i r c u l a t i o n C o l l e c t i o n p l a n n i n g : 3 6 , 0 0 0 i t e m s 2 5 % o p e n s p a c e o n a l l s h e l v e s A s s u m e s 1 0 % i n c i r c u l a t i o n 2 nd F l o o r J u n e 2 5 , 2 0 1 8 3 rd F l o o r J u n e 2 5 , 2 0 1 8 U P C L O S E R 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com TO: Kevin Dorn, City Manager FROM: Ilona Blanchard, Project Director SUBJECT: I-89/Exit 14 pedestrian/bicycle crossing consideration and possible approval of a BUILD grant (federal) application and letter of support which includes a local match DATE: July 13, 2018 BACKGROUND: The I-89 Exit 14 Pedestrian Bicycle Crossing alignment was recently approved by the City to provide a shared-use path connection between the west and east side of the Exit 14 including a bridge crossing over I-89 at the southern edge of the interchange. This project is listed in the approved TIF District Financing Plan as eligible for TIF District Funding for 30% of total project costs of $13,860,000. This project was envisioned within the TIF District plan to be a good candidate for Federal funding due to the regional importance of this connection. The Federal Department of Transportation’s TIGER grant program was recently reissued as the BUILD grant program, with similar objectives and criteria, and at a greater funding level. This program is designed for large construction projects, such as this project. The I-89 Exit 14 Pedestrian Bicycle Crossing project is also a good fit in terms of the application evaluation criteria. This grant prioritizes safety, environmental benefits, economic benefits, quality of life, innovation in funding (such as TIF District and or sales tax), regional importance and partnerships, and coordination with economic development efforts. The City will be able to pick up points in most categories and has contracted with Stantec to complete a cost-benefit analysis as required by the grant, the preliminary results of which are very positive. This is a very competitive grant. Many communities will be applying for funding (four in Vermont alone) and the project is not quite at the most desired stage – that of 30% drawings, which other applicants may be at. The application narrative and supporting material will work to will demonstrate a much greater level of design will have been achieved by December 2018, the point at which grant awards are announced, as phase II of this project is approved for the Chittenden County Regional Planning Unified Work Program to begin this summer. A benefit of applying this year even if the project is unfunded, is that unsuccessful applicants are then eligible to obtain individual feedback on their applications to assist in revising the application for submittal in the following year’s grant cycle. Background, Continued, Page 2 The City is requesting a funding level of 75% of all costs. The City will need to provide a match of 25% for engineering, land acquisition, permitting, construction and inspection costs. The total project cost was estimated at $13,680,000 in 2015 (accounting for some inflation). While the grant program’s project minimum match is 20%, additional points are granted for a higher match. The City has solicited letters of support from the Congressional Delegation, CCRPC, the cities of Burlington and Williston, CCRPC, the Bicycle and Pedestrian Committee, Local Motion, the adjoining property owners, and SBBA. As a federal aid grant, a funded project would require full right-of-way acquisition and NEPA compliant environmental permitting prior to beginning final design. Construction will need to comply with Davis-Bacon and other stipulations. The project will need to have obtained all permits and right of way by June of 2020 and would then be bid in Calendar Year 2020 and built within two construction seasons. ATTACHMENTS: • Letter of support from the Helen Riehle on behalf of the City Council acknowledging the City’s willingness to provide the local match and future maintenance responsibility • Grant Request Form • 2018 BUILD Grant Info Form • Notice of Funding Opportunity • Copy of Application (blank) attached for reference: Federal Assistance SF-424 and Budget Information - Construction Programs SF-424C RECOMMENDATION: Approve submittal of grant application for a 2018 BUILD Grant and signature of a letter in support of the application to construct the I-89 Exit 14 Pedestrian and Bicycle Crossing. ADDITIONAL CONSIDERATION: The application is due July 19 at 8 PM. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com July 16, 2018 Secretary Elaine L. Chao Office of the Secretary US Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 RE: 2018 BUILD Grant application to fund the I-89 Exit 14 Pedestrian Bicycle Crossing Dear Secretary Chao, On behalf of the City Council of South Burlington, we strongly support and express the community’s great interest in a 2018 BUILD Grant to fund the I-89 Exit 14 Pedestrian Bicycle Crossing to complete the design of and construct this missing link in our pedestrian and bicycle transportation infrastructure. This gap between the west and east sides of I-89 has long been a priority of the Bicycle and Pedestrian Committee, the local pedestrian and bicycle advocacy community and the region. While US Route 2/Williston Road has some pedestrian and bicycle facilities on it today, the facilities require users to cross four on- and off-ramps for Exit 14 (eight total) and travel beside six lanes of traffic in which vehicles are jockeying to move into the correct lane for their destination (on or off the interstate, turning or straight). Today’s facilities also have no space for snow storage, rendering them inaccessible during some winter conditions. They are daunting to all but the most avid and experienced users. This separated facility, if completed, would connect our largest commercial district, City Center, and our many neighborhoods to the east with both the University of Vermont Campus and the UVM Medical Center Campus, two of the State’s largest employers, as well as provide a direct bicycle route to downtown Burlington and our neighborhoods to the west. It also supports the many hotels and their guests located adjacent to Exit 14, and the many retail, service and medical establishments along US Route 2 (Williston Road) and Dorset Street. This project is enthusiastically supported by most, if not all, of the adjoining property owners that will be impacted by this project. South Burlington will fund 25% of the costs to complete design and construction (with construction funds obligated by September 2020) as a match to this BUILD gran request. The City will seek voter approval for TIF District Financing bond using the City Center commercial district to fund the match for this project. The Council will also explore the use of a City-wide local option taxes as an optional or supplemental funding source. The City has experience in the design, acquisition of right-of-way in compliance with the Uniform Act, construction and oversight of similar projects. In addition to those completed, two FHWA federal-aid projects are underway, one currently in construction and the second in design. This project has long been in the City’s Official Map and is part of the TIF District Financing Plan. The project was scoped in 2018 BUILD Grant application to fund the I-89 Exit 14 Pedestrian Bicycle Crossing, Page 2 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com collaboration with the City by the Chittenden County Regional Planning Commission (our MPO) and has an approved alignment. Through the same regional program and collaboration, this project is on track to have an approved conceptual design by December of 2018. Maintenance of the shared-use path will become part of the City’s regular maintenance program for public facilities, including plowing in the winter. We are committed to maintaining quality public infrastructure and this will not impose any substantial additional burden on our maintenance resources. Our community has long requested this project be completed and this is one of the most asked about pedestrian and bicycle improvements. We are would be extremely pleased to complete this project. We appreciate your time and attention in consideration of the City’s application for funding to build this important connection. Sincerely, Helen Riehle, Chair City Council City of South Burlington Grant Request Form Prior to applying for a grant please complete this form and submit to Deputy City Manager. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Deputy City Manager as soon as possible. Please attach actual grant application form – either blank or completed Ilona Blanchard, Project Director 7/13/2018 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: 2018 BUILD Grant, Deadline: July 19, 8 PM 2. What specifically is the grant’s purpose? To fund 75% of the design and construction costs of a facility for pedestrians and bicyclists to pass over I-89 at Exit 14 (from and just south of Williston Road/US Route 2) including shared use paths and a bridge structure. 3. What does the grant fund and not fund (be specific)? It will fund up to 80% of design and construction costs. Staff recommends seeking 75% of costs and pledging a 25% match. 4. Total Project Cost: a. Amount of grant request: At 75% of cost, the grant request would be for $10,600,000. b. Is there a City match required, how much and in what fiscal year(s)? Yes, $3,420,000, beginning in second year of FY2019 for design costs and into FY 2021-2022 for construction costs. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? Yes, this project is in the CCRPC Unified Work Program for FY2019 for the second phase of scoping. This project is also eligible for 30% of cost to be financed through TIF District Financing. 5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be tracked through TIF District Financing accounts and carried as a receivable pending a successful TIF District vote. The City may also explore the use of a local option tax for this project due to the regional benefit. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? The City will be required to own and maintain the recreation (shared use) paths and bridge. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? This grant is for a stand-alone construction project. This infrastructure is a continuation of a larger system closing the gap between existing infrastructure on Dorset Street and in Quarry Hill and connecting to existing and planned infrastructure on Williston Road. 8. Length of grant - will the grant cross fiscal year(s)? It is likely to cross into FY 2022. 9. Who will apply for grant (name/title)? Ilona Blanchard, Project Director 10. How much time will it take to complete grant application form? 40 hours plus review input by other staff. 11. How likely is it that we will receive grant? Unclear 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), what are any grant compliance requirements, how much time will this take and how is that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Ilona Blanchard, Justin Rabidoux and Martha Machur will manage the grant and the involved paperwork, project design and construction. 13. Describe grant payment process – method of cash flow: Funds are released to the City for each stage of the project with back up providing that funds are expended appropriately. 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes, please update status: The Pedestrian and Bicycle Committee has expressed support for this project in the past. 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission: 5 ___________________________________ _______________________________ Reviewed by Deputy City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 Procedure Regarding Grant Request Form 1) No City of South Burlington staff member or volunteer shall apply for a grant without completing and receiving approval of the attached Form. 2) All Form questions must be answered – if you need assistance on financial questions please contact the Deputy City Manager (846-4112). 3) As a rule the Form needs to be submitted to the Deputy City Manager at least two (2) weeks before the City Council Meeting where the application will be reviewed. Exceptions can be made especially when the funding source(s) do not provide sufficient lead time 4) Attach any supporting documentation to the Form. 5) Deputy City Manager will review Form for accuracy and completeness – Deputy City Manager does not approve or reject application. 6) After being reviewed if the Form is complete the Deputy City Manager will submit form to City Manager for approval or rejection. 7) City Manager may request meeting with applicant for clarification. 8) City Manager will determine whether to approve or reject the application and have the project manager informed of the decision. Project manager can request a meeting with City Manager prior to Form being reviewed by Council. 9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City Council. Project manager will be given the opportunity to discuss Form with Council. 10) Council will make final decision as to whether to approve or reject grant submission. Council approval of grant submission also signifies approval and acceptance of the grant unless there is a significant change in grant terms. If there is a significant change in grant terms the issue of whether or not to accept the grant will be brought before Council for consideration. 11) If Council approves Form the project manager will be expected to use his/her Form responses to guide the actual grant application. 12) Project manager will update Deputy City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Deputy City Manager and Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Deputy City Manager based on actual grant conditions. 14) Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. 4/4/11 BUILD 2018 Project Information - Please complete all fields. **PLEASE DO NOT CHANGE FILE NAME AND DO NOT COPY/PASTE TO AVOID COMPROMISING FORM INTEGRITY** Field Name Response Instructions Project Name I-89 Exit 14 Pedestrian Bicycle Crossing Enter a concise descriptive title for the project. This will need to be the same title used in the Grants.gov SF-424 submission, as well as the application narrative. Project Description The project will provide a separated facility for pedestrians and bicyclists to use to cross the I-89 Exit 14 (a cloverleaf interchange) east west and parrallel to US Route 2 including the construction of shared use paths and a bridge. Describe the project in plain English terms that would be generally understood by the public, using no more than 100 words. For example, “The project will replace the existing bridge over the W river on Interstate-X between the cities of Y and Z” or “the BUILD Grant will fund construction activities for streetcar service from location X to location Y.” Please do not describe the project’s benefits, background, or alignment with the selection criteria in this description field. Urban/Rural Urban Identify whether the project is located in a rural or Urbanized Area (UA), using the drop-down menu, according to the 2010 Census Urban Area designation. Updated lists of UAs are available on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua /. Urban Clusters (UCs) are rural areas for the purposes of the BUILD Discretionary Grants program. For more information on urban and rural designations, refer to Section C.3.ii of the Notice of Funding Opportunity for the BUILD Discretionary Grants program. Urbanized Area Burlington, VT 11755 If you have identified the project as located in a 2010 Census designated Urbanized Area, please provide the name of the Urbanized Area. If you have identified the project as located in a rural area, please type "N/A." Project Type Road - Bicycle/Pedestrian Identify the “Primary” and "Secondary" project type combination that most closely aligns with your project from the choices in the drop-down menu. See the "Project Types" tab in this file for further information and project type definitions. If the drop- down does not appear, please type in your "Primary" project type. Primary Project Location Zip Code 05403 Identify the 5-digit zip code of the project location. If the project is located in multiple zip codes, please identify the most centrally located zip code. Project Previously Submitted?No Identify whether the project was submitted in a prior BUILD/TIGER round, and if so, whether it was submitted more than once, using the drop-down menu. Prior BUILD/TIGER Funds Awarded to Project? Identify whether the project has previously received BUILD/TIGER funding, and if so, whether that funding was through a planning or capital grant, using the drop-down menu. Is this part of a Program of Projects?No Identify whether the project is part of a Program of Projects. A program of projects consists of independent projects that address the same transportation challenge and whose combined benefits, including funding efficiency, are greater than if the projects are completed individually. Only applicants that generate additional non-Federal revenue as described in Section E.1.i.h. of the Notice of Funding Opportunity for the BUILD Discretionary Grants program may submit applications as part of a Program of Projects. For additional information on Program of Projects eligibility, refer to Section C.3.v. of the Notice of Funding Opportunity for the BUILD Discretionary Grants program. How many applications are a part of this Program of Projects? If this is a part of a Program of Projects, enter the total number of BUILD applications that will be submitted as part of this Program of Projects, including this one. Leave blank if this appliciation is not part of a Program of Projects. Program of Projects Name If this is a part of a Program of Projects, enter a concise descriptive title for the Program. This should be different than the Project Name above and will need to be the same title used across all projects within this Program of Projects. Leave blank if this application is not part of a Program of Projects. BUILD Request $10,260,000 Enter the total amount of funds requested for this project from BUILD in this application. [Maximum entry $25,000,000. There is no minimum entry for projects applying strictly for a planning grant; however, for any applications resulting in the completion of construction activities, the minimum urban entry is $5,000,000 and the minimum rural entry is $1,000,000] Total Project Cost $13,680,000 Enter the total cost of the project. This should be equal to the sum of Total Federal Funding and Total Non-Federal Funding. Total Federal Funding Enter the amount of funds committed to the project from ALL federal sources including the proposed BUILD amount. [There is no minimum entry for projects applying strictly for a planning grant; however, for any applications resulting in the completion of construction activities, the minimum urban entry is $5,000,000 and the minimum rural entry is $1,000,000] Total Non-Federal Funding $3,420,000 Enter the amount of funds committed to the project from non- federal sources. Tribal Government?No Select “Yes” from the drop-down menu if the applicant is a federally recognized tribal government. 1 of 2 BUILD 2018 Project Information - Please complete all fields. **PLEASE DO NOT CHANGE FILE NAME AND DO NOT COPY/PASTE TO AVOID COMPROMISING FORM INTEGRITY** Field Name Response Instructions Tribal Benefits?N/A If the applicant is not a federally recognized tribal government, is the project located on tribal land? And if not, does it have direct tribal benefits? Answer using the drop-down menu. 2 of 2 18651 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices 10. What actions can be taken to improve public awareness of traumatic injury as a public health issue? 11. What actions could be taken to improve the rapid extrication of motor vehicle crash patients? 12. What actions could be taken to improve the rapid transport of trauma patients? 13. What actions could be taken to improve prehospital care for pediatric trauma patients? 14. What actions could be taken to improve tribal prehospital trauma care? 15. What research is needed to improve prehospital trauma care during a mass casualty incident? 16. What is the potential role of 9–1– 1 in improving prehospital trauma care outcomes? 17. What is the potential role of bystander care, such as Stop the Bleed, in improving prehospital trauma care outcomes? 18. What is the potential role of vehicle telematics in improving prehospital trauma care outcomes? 19. What is the potential role of telemedicine in improving prehospital trauma care outcomes? 20. What is the potential role of community paramedicine, mobile integrated healthcare, and other emerging EMS subspecialties in improving prehospital trauma care outcomes? 21. How could data-driven and evidence-based improvements in EMS systems improve prehospital trauma care? 22. How could enhanced collaboration among EMS systems, health care providers, hospitals, public safety answering points, public health, insurers, and others improve prehospital trauma care? 23. What are some opportunities to improve exchange of evidence based prehospital trauma care practices between military and civilian medicine? 24. Do you have any additional comments regarding prehospital trauma care? Authority: 44 U.S.C. Section 3506(c)(2)(A). Issued in Washington, DC, on April 19, 2018. Jeff Michael, Associate Administrator, Research and Program Development. [FR Doc. 2018–08504 Filed 4–26–18; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation Notice of Funding Opportunity for the Department of Transportation’s National Infrastructure Investments Under the Consolidated Appropriations Act, 2018 AGENCY: Office of the Secretary of Transportation, DOT. ACTION: Notice of funding opportunity. SUMMARY: The Consolidated Appropriations Act, 2018 (Pub. L. 115– 141, March 23, 2018) (‘‘FY 2018 Appropriations Act’’ or the ‘‘Act’’) appropriated $1.5 billion to be awarded by the Department of Transportation (‘‘DOT’’ or the ‘‘Department’’) for National Infrastructure Investments. This appropriation stems from the program funded and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ‘‘Recovery Act’’). This program was previously known as the Transportation Investment Generating Economic Recovery, or ‘‘TIGER Discretionary Grants,’’ program and is now known as the Better Utilizing Investments to Leverage Development, or ‘‘BUILD Transportation Discretionary Grants,’’ program. Funds for the FY 2018 BUILD Transportation program are to be awarded on a competitive basis for projects that will have a significant local or regional impact. The purpose of this Final Notice is to solicit applications for BUILD Transportation Discretionary Grants. DATES: Applications must be submitted by 8:00 p.m. E.D.T. on July 18, 2018. ADDRESSES: Applications must be submitted through Grants.gov. FOR FURTHER INFORMATION CONTACT: For further information concerning this notice, please contact the BUILD Transportation program staff via email at BUILDgrants@dot.gov, or call Howard Hill at 202–366–0301. A TDD is available for individuals who are deaf or hard of hearing at 202–366–3993. In addition, DOT will regularly post answers to questions and requests for clarifications as well as information about webinars for further guidance on DOT’s website at www.transportation.gov/BUILDgrants. SUPPLEMENTARY INFORMATION: Many of the selection criteria of BUILD Transportation grants overlap with previous rounds of National Infrastructure Investments discretionary grants, though the program is refocused on infrastructure investment that will make a positive impact throughout the country. The FY 2018 BUILD Transportation program will continue to give special consideration to projects located in rural areas. For this round of BUILD Transportation Discretionary Grants, the maximum grant award is $25 million, and no more than $150 million can be awarded to a single State, as specified in the FY 2018 Appropriations Act. Each section of this notice contains information and instructions relevant to the application process for these BUILD Transportation Discretionary Grants, and all applicants should read this notice in its entirety so that they have the information they need to submit eligible and competitive applications. Table of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration Information G. Federal Awarding Agency Contacts H. Other Information A. Program Description The Consolidated Appropriations Act, 2018 (Pub. L. 115–141, March 23, 2018) (‘‘FY 2018 Appropriations Act’’ or the ‘‘Act’’) appropriated $1.5 billion to be awarded by the Department of Transportation (‘‘DOT’’ or the ‘‘Department’’) for National Infrastructure Investments. Since this program was first created, $5.6 billion has been awarded for capital investments in surface transportation infrastructure over nine rounds of competitive grants. Throughout the program, these discretionary grant awards have supported projects that have a significant local or regional impact. The Department is committed to addressing the unmet transportation infrastructure needs of rural areas. Rural America is home to many of the nation’s most critical transportation infrastructure assets, including 444,000 bridges, 2.98 million miles of roadways, and 30,500 miles of Interstate highways. More than 55 percent of all public road miles are locally-owned rural roads. While only 19 percent of the nation’s population lives in rural areas, 49 percent of all traffic fatalities occur on rural roads (2015). In addition, Americans living in rural areas and on Tribal lands continue to disproportionately lack access to basic broadband service. The Department believes that underinvestment in rural transportation systems has allowed a slow and steady decline in the transportation routes that connect rural VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18652 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices 1To meet match requirements, the minimum total project cost for a project located in an urban area must be $6.25 million. American communities to each other and to the rest of the county. New investment is necessary to grow rural economies, facilitate freight movement, improve access to reliable and affordable transportation options and enhance health access and safety for residents. To address these rural transportation infrastructure needs, DOT intends to award a greater share of BUILD Transportation Discretionary Grant funding to projects located in rural areas that align well with the selection criteria than to such projects in urban areas. B. Federal Award Information 1. Amount Available The FY 2018 Appropriations Act appropriated $1.5 billion to be awarded by DOT for the BUILD Transportation program. The FY 2018 BUILD Transportation Discretionary Grants are for capital investments in surface transportation infrastructure and are to be awarded on a competitive basis for projects that will have a significant local or regional impact. Additionally, the Act allows for up to $15 million (of the $1.5 billion) to be awarded as grants for the planning, preparation or design of eligible projects. DOT is referring to any such awarded projects as BUILD Transportation Planning Grants. The FY 2018 Appropriations Act also allows DOT to retain up to $25 million of the $1.5 billion for award, oversight and administration of grants and credit assistance made under the BUILD Transportation program. If this solicitation does not result in the award and obligation of all available funds, DOT may publish additional solicitations. The FY 2018 Appropriations Act allows up to 20 percent of available funds (or $300 million) to be used by the Department to pay the subsidy and administrative costs for a project receiving credit assistance under the Transportation Infrastructure Finance and Innovation Act of 1998 (‘‘TIFIA’’) program, if that use of the FY 2018 BUILD funds would further the purposes of the BUILD Transportation program. 2. Award Size The FY 2018 Appropriations Act specifies that BUILD Transportation Discretionary Grants may not be less than $5 million and not greater than $25 million, except that for projects located in rural areas (as defined in Section C.3.ii.) the minimum BUILD Transportation Discretionary Grant size is $1 million. There is no statutory minimum grant size, regardless of location, for BUILD Transportation Planning grants. 3. Restrictions on Funding Pursuant to the FY 2018 Appropriations Act, no more than 10 percent of the funds made available for BUILD Transportation Discretionary Grants (or $150 million) may be awarded to projects in a single State. The Act also directs that not less than 30 percent of the funds provided for BUILD Transportation Discretionary Grants (or $450 million) shall be used for projects located in rural areas. Further, DOT must take measures to ensure an equitable geographic distribution of grant funds, an appropriate balance in addressing the needs of urban and rural areas, and investment in a variety of transportation modes. 4. Availability of Funds The FY 2018 Appropriations Act requires that FY 2018 BUILD Transportation Discretionary Grants funds are only available for obligation through September 30, 2020. Obligation occurs when a selected applicant and DOT enter into a written grant agreement after the applicant has satisfied applicable administrative requirements, including transportation planning and environmental review requirements. All FY 2018 BUILD funds must be expended (the grant obligation must be liquidated or actually paid out to the grantee) by September 30, 2025. After this date, unliquidated funds are no longer available to the project. As part of the review and selection process described in Section E.2., DOT will consider whether a project is ready to proceed with an obligation of grant funds from DOT within the statutory time provided. No waiver is possible for these deadlines. 5. Previous TIGER Awards Recipients of TIGER Discretionary Grants may apply for funding to support additional phases of a project awarded funds in the TIGER program. However, to be competitive, the applicant should demonstrate the extent to which the previously funded project phase has been able to meet estimated project schedules and budget, as well as the ability to realize the benefits expected for the project. C. Eligibility Information To be selected for a BUILD Transportation Discretionary Grant, an applicant must be an Eligible Applicant and the project must be an Eligible Project. 1. Eligible Applicants Eligible Applicants for BUILD Transportation Discretionary Grants are State, local, and tribal governments, including U.S. territories, transit agencies, port authorities, metropolitan planning organizations (MPOs), and other political subdivisions of State or local governments. Multiple States or jurisdictions may submit a joint application and must identify a lead applicant as the primary point of contact, and also identify the primary recipient of the award. Each applicant in a joint application must be an Eligible Applicant. Joint applications must include a description of the roles and responsibilities of each applicant and must be signed by each applicant. 2. Cost Sharing or Matching Per the FY 2018 Appropriations Act, BUILD Transportation Discretionary Grants may be used for up to 80 percent of a project located in an urban area 1 and the Secretary may increase the Federal share of costs above 80 percent for a project located in a rural area. Urban area and rural area are defined in Section C.3.ii of this notice. For a project located in an urban area, the Federal share of the costs for which an expenditure is made under a BUILD Transportation grant may not exceed 80 percent. Non-Federal sources include State funds originating from programs funded by State revenue, local funds originating from State or local revenue- funded programs, or private funds. Toll credits under 23 U.S.C. 120(i) are considered a non-Federal source. Unless otherwise authorized by statute, State or local cost-share may not be counted as the non-Federal share for both the BUILD Transportation grant and another Federal grant program. The Department will not consider previously-incurred costs or previously-expended or encumbered funds towards the matching requirement for any project. Matching funds are subject to the same Federal requirements described in Section F.2. as awarded funds. 3. Other i. Eligible Projects Eligible projects for BUILD Transportation Discretionary Grants are capital projects that include, but are not limited to: (1) Highway, bridge, or other road projects eligible under title 23, United States Code; (2) public transportation projects eligible under chapter 53 of title 49, United States VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18653 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices 2Please note that the Department may use a BUILD Transportation Discretionary Grant to pay for the surface transportation components of a broader project that has non-surface transportation components, and applicants are encouraged to apply for BUILD Transportation Discretionary Grants to pay for the surface transportation components of these projects. 3Updated lists of UAs as defined by the Census Bureau are available on the Census Bureau website at http://www2.census.gov/geo/maps/dc10map/ UAUC_RefMap/ua/. 4See www.transportation.gov/BUILDgrants for a list of UAs. Code; (3) passenger and freight rail transportation projects; (4) port infrastructure investments (including inland port infrastructure and land ports of entry); and (5) intermodal projects.2 The FY 2018 Appropriations Act allows up to $15 million for the planning, preparation or design of projects eligible for BUILD Transportation funding. Activities eligible for funding under BUILD Transportation Planning Grants are related to the planning, preparation, or design—including environmental analysis, feasibility studies, and other pre-construction activities—of surface transportation projects. Research, demonstration, or pilot projects are eligible only if they will result in long- term, permanent surface transportation infrastructure that has independent utility as defined in Section C.3.iii. Applicants are strongly encouraged to submit applications only for eligible award amounts. ii. Rural/Urban Definition For purposes of this notice, DOT defines ‘‘rural area’’ as an area outside an Urbanized Area3 (UA) as designated by the U.S. Census Bureau. In this notice, an ‘‘urban area’’ is defined as an area inside a UA as designated by the U.S. Census Bureau.4 The Department will consider a project to be in a rural area if the majority of the project (determined by geographic location(s) where the majority of the money is to be spent) is located in a rural area. Costs incurred on an Urbanized Area border, including an intersection with an Urbanized Area, will be considered urban for the purposes of the FY 2018 BUILD Transportation Program. Rural and urban definitions differ in some other DOT programs, including TIFIA and the Nationally Significant Freight and Highway Projects Program (FAST Act §1105; 23 U.S.C. 117). This definition affects three aspects of the program. The FY 2018 Appropriations Act directs that (1) not less than $450 million of the funds provided for BUILD Transportation Discretionary grants are to be used for projects in rural areas; (2) for a project in a rural area the minimum award is $1 million; and (3) the Secretary may increase the Federal share above 80 percent to pay for the costs of a project in a rural area. iii. Project Components An application may describe a project that contains more than one component, and may describe components that may be carried out by parties other than the applicant. DOT may award funds for a component, instead of the larger project, if that component (1) independently meets minimum award amounts described in Section B and all eligibility requirements described in Section C; (2) independently aligns well with the selection criteria specified in Section E; and (3) meets National Environmental Policy Act (NEPA) requirements with respect to independent utility. Independent utility means that the component will represent a transportation improvement that is usable and represents a reasonable expenditure of DOT funds even if no other improvements are made in the area, and will be ready for intended use upon completion of that component’s construction. All project components that are presented together in a single application must demonstrate a relationship or connection between them. (See Section D.2.iv. for Required Approvals). Applicants should be aware that, depending upon the relationship between project components and applicable Federal law, DOT funding of only some project components may make other project components subject to Federal requirements as described in Section F.2. DOT strongly encourages applicants to identify in their applications the project components that have independent utility and separately detail costs and requested BUILD Transportation funding for those components. If the application identifies one or more independent project components, the application should clearly identify how each independent component addresses selection criteria and produces benefits on its own, in addition to describing how the full proposal of which the independent component is a part addresses selection criteria. iv. Application Limit Each lead applicant may submit no more than three applications. Unrelated project components should not be bundled in a single application for the purpose of adhering to the limit. If a lead applicant submits more than three applications as the lead applicant, only the first three received will be considered. v. Program of Projects Applicants that demonstrate the ability to generate additional non- Federal revenue for transportation infrastructure investment as described in Section E.1.i.h. of this notice may apply for multiple projects, exceeding the three application limit, that collectively constitute a ‘‘program of projects’’. A program of projects consists of independent projects that address the same transportation challenge and whose combined benefits, including funding efficiency, are greater than if the projects are completed individually. For a program of projects, applicants must submit an application for each project within the program and describe how each project constitutes a program. Each project application within a program of projects must meet eligibility criteria described in Section C of this notice, demonstrate independent utility, and individually address the merit criteria within this notice. DOT will evaluate each application within a program of projects in the same manner in which it evaluates individual project applications. Each project within a program of projects is subject to the $25 million award maximum and total awards cannot exceed $150 million per State. Only applicants that generate additional non-Federal revenue as described in Section E.1.i.h. may submit applications exceeding the three application limit for consideration as a program of projects, and only one program of projects may be submitted by each eligible applicant. D. Application and Submission Information 1. Address Applications must be submitted to Grants.gov. Instructions for submitting applications can be found at www.transportation.gov/BUILDgrants along with specific instructions for the forms and attachments required for submission. 2. Content and Form of Application Submission The application must include the Standard Form 424 (Application for Federal Assistance), Standard Form 424C (Budget Information for Construction Programs), cover page, and the Project Narrative. More detailed information about the Project Narrative follows. Applicants should also complete and attach to their application the ‘‘BUILD 2018 Project Information’’ VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18654 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices form available at www.transportation. gov/BUILDgrants. The Department recommends that the project narrative follow the basic outline below to address the program requirements and assist evaluators in locating relevant information. I. Project Description .............................................................................................................................................. See D.2.i. II. Project Location ................................................................................................................................................. See D.2.ii. III. Grant Funds, Sources and Uses of all Project Funding ................................................................................. See D.2.iii. IV. Merit Criteria .................................................................................................................................................... See D.2.iv.(1). V. Project Readiness ............................................................................................................................................... See D.2.iv.(2) and E.1.ii. The project narrative should include the information necessary for the Department to determine that the project satisfies project requirements described in Sections B and C and to assess the selection criteria specified in Section E.1. To the extent practicable, applicants should provide supporting data and documentation in a form that is directly verifiable by the Department. The Department may ask any applicant to supplement data in its application, but expects applications to be complete upon submission. In addition to a detailed statement of work, detailed project schedule, and detailed project budget, the project narrative should include a table of contents, maps and graphics, as appropriate, to make the information easier to review. The Department recommends that the project narrative be prepared with standard formatting preferences (a single-spaced document, using a standard 12-point font such as Times New Roman, with 1-inch margins). The project narrative may not exceed 30 pages in length, excluding cover pages and table of contents. The only substantive portions that may exceed the 30-page limit are documents supporting assertions or conclusions made in the 30-page project narrative. If possible, website links to supporting documentation should be provided rather than copies of these supporting materials. If supporting documents are submitted, applicants should clearly identify within the project narrative the relevant portion of the project narrative that each supporting document supports. At the applicant’s discretion, relevant materials provided previously to an operating administration in support of a different DOT financial assistance program may be referenced and described as unchanged. The Department recommends using appropriately descriptive file names (e.g., ‘‘Project Narrative,’’ ‘‘Maps,’’ ‘‘Memoranda of Understanding and Letters of Support,’’ etc.) for all attachments. DOT recommends applications include the following sections: i. Project Description The first section of the application should provide a concise description of the project, the transportation challenges that it is intended to address, and how it will address those challenges. This section should discuss the project’s history, including a description of any previously completed components. The applicant may use this section to place the project into a broader context of other transportation infrastructure investments being pursued by the project sponsor, and, if applicable, how it will benefit communities in rural areas. ii. Project Location This section of the application should describe the project location, including a detailed geographical description of the proposed project, a map of the project’s location and connections to existing transportation infrastructure, and geospatial data describing the project location. If the project is located within the boundary of a Census- designated UA, the application should identify the UA. iii. Grant Funds, Sources and Uses of Project Funds This section of the application should describe the project’s budget. This budget should not include any previously incurred expenses. At a minimum, it should include: (A) Project costs; (B) For all funds to be used for eligible project costs, the source and amount of those funds; (C) For non-Federal funds to be used for eligible project costs, documentation of funding commitments should be referenced here and included as an appendix to the application; (D) For Federal funds to be used for eligible project costs, the amount, nature, and source of any required non- Federal match for those funds; (E) A budget showing how each source of funds will be spent. The budget should show how each funding source will share in each major construction activity, and present that data in dollars and percentages. Funding sources should be grouped into three categories: non-Federal; BUILD; and other Federal. If the project contains individual components, the budget should separate the costs of each project component. If the project will be completed in phases, the budget should separate the costs of each phase. The budget detail should sufficiently demonstrate that the project satisfies the statutory cost-sharing requirements described in Section C.2; In addition to the information enumerated above, this section should provide complete information on how all project funds may be used. For example, if a particular source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a particular source of funds is available for expenditure only during a fixed time period, the application should describe that restriction. Complete information about project funds will ensure that the Department’s expectations for award execution align with any funding restrictions unrelated to the Department, even if an award differs from the applicant’s request. iv. Criteria This section of the application should demonstrate how the project aligns with the Criteria described in Section E.1 of this notice. The Department encourages applicants to either address each criterion or expressly state that the project does not address the criterion. Applicants are not required to follow a specific format, but the outline suggested below, which addresses each criterion separately, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, the Department encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application. The guidance in this section is about how the applicant should organize their application. Guidance describing how the Department will evaluate projects against the Merit Criteria is in Section E.1 of this notice. Applicants also should review that section before VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18655 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices 5SEP–14 information is available at https:// www.fhwa.dot.gov/programadmin/contracts/sep_ a.cfm. SEP–15 information is available at https:// www.fhwa.dot.gov/ipd/p3/tools_programs/sep15_ procedures.aspx. considering how to organize their application. (1) Merit Criteria (a) Safety This section of the application should describe the anticipated outcomes of the project that support the Safety criterion (described in Section E.1.i.(a) of this notice). The applicant should include information on, and to the extent possible, quantify, how the project would improve safety outcomes within the project area or wider transportation network, to include how the project will reduce the number, rate, and consequences of transportation-related accidents, serious injuries, and fatalities among transportation users, or how the project will eliminate unsafe grade crossings or contribute to preventing unintended releases of hazardous materials. (b) State of Good Repair This section of the application should describe how the project will contribute to a state of good repair by improving the condition or resilience of existing transportation facilities and systems (described in Section E.1.i.(b) of this notice), including the project’s current condition and how the proposed project will improve it, and any estimation of impacts on long-term cost structures or impacts on overall life-cycle costs. If the project will contribute to a state of good repair of transportation infrastructure that supports border security, the applicant should describe how. (c) Economic Competitiveness This section of the application should describe how the project will support the Economic Competitiveness criterion (described in Section E.1.i.(c) of this notice). The applicant should include information about expected impacts of the project on the movement of goods and people, including how the project increases the efficiency of movement and thereby reduces costs of doing business, improves local and regional freight connectivity to the national and global economy, reduces burdens of commuting, and improves overall well- being. The applicant should describe the extent to which the project contributes to the functioning and growth of the economy, including the extent to which the project addresses congestion or freight connectivity, bridges service gaps in rural areas, or promotes the expansion of private economic development. (d) Environmental Protection This section of the application should describe how the project addresses the environmental protection criterion (described in Section E.1.i.(d) of this notice). Applicants are encouraged to provide quantitative information, including baseline information that demonstrates how the project will reduce energy consumption, stormwater runoff, or achieve other benefits for the environment such as brownfield redevelopment. (e) Quality of Life This section should describe how the project increases transportation choices for individuals, expands access to essential services for people in communities across the United States, improves connectivity for citizens to jobs, health care, and other critical destinations, particularly for rural communities, or otherwise addresses the quality of life criterion (described in Section E.1.i.(e) of this notice). If construction of the transportation project will allow concurrent installation of fiber or other broadband deployment as an essential service, the applicant should describe those activities and how they support quality of life. Unless the concurrent activities support transportation, they will not be eligible for reimbursement. (f) Innovation This section of the application should describe innovative strategies used and the anticipated benefits of using those strategies, including those corresponding to three categories (described in Section E.1.i.(f) of this notice): (i) Innovative Technologies, (ii) Innovative Project Delivery, or (iii) Innovative Financing. (i) Innovative Technologies If an applicant is proposing to adopt innovative safety approaches or technology, the application should demonstrate the applicant’s capacity to implement those innovations, the applicant’s understanding of whether the innovations will require extraordinary permitting, approvals, or other procedural actions, and the effects of those innovations on the project delivery timeline. (ii) Innovative Project Delivery If an applicant plans to use innovative approaches to project delivery, applicants should describe those project delivery methods and how they are expected to improve the efficiency of the project development or expedite project delivery. If an applicant is proposing to use SEP–14 or SEP–15 (as described in section E.1.i.(f) of this notice) the applicant should describe that proposal. The applicant should also provide sufficient information for evaluators to confirm that the applicant’s proposal would meet the requirements of the specific experimental authority program.5 (iii) Innovative Financing If an applicant plans to incorporate innovative funding or financing, the applicant should describe the funding or financing approach, including a description of all activities undertaken to pursue private funding or financing for the project and the outcomes of those activities. (g) Partnership This section of the application should include information to assess the partnership criterion (described in Section E.1.i.(g) of this notice) including a list of all project parties and details about the proposed grant recipient and other public and private parties who are involved in delivering the project. This section should also describe efforts to collaborate among stakeholders, including with the private sector. (h) Non-Federal Revenue for Transportation Infrastructure Investment If an applicant generates additional non-Federal revenue (as described in Section E.1.i.(h) of this notice), this section should provide evidence of newly secured and committed revenue for transportation infrastructure investments and identify the source of the revenue. If new revenue for transportation infrastructure investments has not already been secured, the applicant should explain necessary steps to securing revenue and provide a timeline of key milestones leading to its commitment. To ensure new revenue does not supplant existing sources, applications should provide estimates of future revenue levels absent and, separately, with the new revenue. If applicable, this section should describe any fiscal or legal constraints that affect the applicant’s ability to generate non-Federal revenue. (2) Project Readiness This section of the application should include information that, when considered with the project budget information presented elsewhere in the application, is sufficient for the Department to evaluate whether the project is reasonably expected to begin VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18656 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices 6Projects that may impact protected resources such as wetlands, species habitat, cultural or historic resources require review and approval by Federal and State agencies with jurisdiction over those resources. 7Under 23 U.S.C. 134 and §135, all projects requiring an action by FHWA must be in the applicable plan and programming documents (e.g., metropolitan transportation plan, transportation improvement program (TIP) and statewide transportation improvement program (STIP)). Further, in air quality non-attainment and maintenance areas, all regionally significant projects, regardless of the funding source, must be included in the conforming metropolitan transportation plan and TIP. Inclusion in the STIP is required under certain circumstances. To the extent a project is required to be on a metropolitan transportation plan, TIP, and/or STIP, it will not receive a BUILD Transportation grant until it is included in such plans. Projects not currently included in these plans can be amended by the State and MPO. Projects that are not required to be in long range transportation plans, STIPs, and TIPs will not need to be included in such plans in order to receive a BUILD Transportation grant. Port, freight rail, and intermodal projects are not required to be on the State Rail Plans called for in the Passenger Rail Investment and Improvement Act of construction in a timely manner. To assist the Department’s project readiness assessment, the applicant should provide the information requested on technical feasibility, project schedule, project approvals, and project risks, each of which is described in greater detail in the following sections. Applicants are not required to follow the specific format described here, but this organization, which addresses each relevant aspect of project readiness, promotes a clear discussion that assists project evaluators. To minimize redundant information in the application, the Department encourages applicants to cross-reference from this section of their application to relevant substantive information in other sections of the application. The guidance here is about what information applicants should provide and how the applicant should organize their application. Guidance describing how the Department will evaluate a project’s readiness is described in Section E.1.ii of this notice. Applicants also should review that section when considering how to organize their application. (a) Technical Feasibility The applicant should demonstrate the technical feasibility of the project with engineering and design studies and activities; the development of design criteria and/or a basis of design; the basis for the cost estimate presented in the BUILD application, including the identification of contingency levels appropriate to its level of design; and any scope, schedule, and budget risk- mitigation measures. Applicants should include a detailed statement of work that focuses on the technical and engineering aspects of the project and describes in detail the project to be constructed. (b) Project Schedule The applicant should include a detailed project schedule that identifies all major project milestones. Examples of such milestones include State and local planning approvals (programming on the Statewide Transportation Improvement Program); start and completion of NEPA and other Federal environmental reviews and approvals including permitting; design completion; right of way acquisition; approval of plans, specifications and estimates; procurement; State and local approvals; project partnership and implementation agreements, including agreements with railroads; and construction. The project schedule should be sufficiently detailed to demonstrate that: (1) All necessary activities will be complete to allow BUILD Transportation funds to be obligated sufficiently in advance of the statutory deadline (September 30, 2020 for FY 2018 funds), and that any unexpected delays will not put the funds at risk of expiring before they are obligated; (2) the project can begin construction quickly upon obligation of BUILD Transportation funds, and that the grant funds will be spent expeditiously once construction starts, with all BUILD Transportation funds expended by September 30, 2025; and (3) all real property and right-of-way acquisition will be completed in a timely manner in accordance with 49 CFR part 24, 23 CFR part 710, and other applicable legal requirements or a statement that no acquisition is necessary. (c) Required Approvals (1) Environmental Permits and Reviews. The application should demonstrate receipt (or reasonably anticipated receipt) of all environmental approvals and permits necessary for the project to proceed to construction on the timeline specified in the project schedule and necessary to meet the statutory obligation deadline, including satisfaction of all Federal, State and local requirements and completion of the NEPA process. Specifically, the application should include: (a) Information about the NEPA status of the project. If the NEPA process is complete, an applicant should indicate the date of completion, and provide a website link or other reference to the final Categorical Exclusion, Finding of No Significant Impact, Record of Decision, and any other NEPA documents prepared. If the NEPA process is underway, but not complete, the application should detail the type of NEPA review underway, where the project is in the process, and indicate the anticipated date of completion of all milestones and of the final NEPA determination. If the last agency action with respect to NEPA documents occurred more than three years before the application date, the applicant should describe why the project has been delayed and include a proposed approach for verifying and, if necessary, updating this material in accordance with applicable NEPA requirements. (b) Information on reviews, approvals, and permits by other agencies. An application should indicate whether the proposed project requires reviews or approval actions by other agencies,6 indicate the status of such actions, and provide detailed information about the status of those reviews or approvals and should demonstrate compliance with any other applicable Federal, State or local requirements, and when such approvals are expected. Applicants should provide a website link or other reference to copies of any reviews, approvals, and permits prepared. (c) Environmental studies or other documents, preferably through a website link, that describe in detail known project impacts, and possible mitigation for those impacts. (d) A description of discussions with the appropriate DOT operating administration field or headquarters office regarding the project’s compliance with NEPA and other applicable Federal environmental reviews and approvals. (e) A description of public engagement about the project that has occurred, including details on the degree to which public comments and commitments have been integrated into project development and design. (2) State and Local Approvals. The applicant should demonstrate receipt of State and local approvals on which the project depends, such as State and local environmental and planning approvals and Statewide Transportation Improvement Program (STIP) or (Transportation Improvement Program) TIP funding. Additional support from relevant State and local officials is not required; however, an applicant should demonstrate that the project has broad public support. (3) Federal Transportation Requirements Affecting State and Local Planning. The planning requirements applicable to the relevant operating administration apply to all BUILD Transportation projects,7 including VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18657 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices 2008, or in a State Freight Plan as described in the FAST Act. However, applicants seeking funding for freight projects are encouraged to demonstrate that they have done sufficient planning to ensure that projects fit into a prioritized list of capital needs and are consistent with long-range goals. Means of demonstrating this consistency would include whether the project is in a TIP or a State Freight Plan that conforms to the requirements Section 70202 of Title 49 prior to the start of construction. Port planning guidelines are available at StrongPorts.gov. 8Projects at grant obligated airports must be compatible with the FAA-approved Airport Layout Plan, as well as aeronautical surfaces associated with the landing and takeoff of aircraft at the airport. Additionally, projects at an airport: Must comply with established Sponsor Grant Assurances, including (but not limited to) requirements for non- exclusive use facilities, consultation with users, consistency with local plans including development of the area surrounding the airport, and consideration of the interest of nearby communities, among others; and must not adversely affect the continued and unhindered access of passengers to the terminal. intermodal projects located at airport facilities.8 Applicants should demonstrate that a project that is required to be included in the relevant State, metropolitan, and local planning documents has been or will be included in such documents. If the project is not included in a relevant planning document at the time the application is submitted, the applicant should submit a statement from the appropriate planning agency that actions are underway to include the project in the relevant planning document. To the extent possible, freight projects should be included in a State Freight Plan and supported by a State Freight Advisory Committee (49 U.S.C. 70201, 70202), if these exist. Applicants should provide links or other documentation supporting this consideration. Because projects have different schedules, the construction start date for each BUILD Transportation grant must be specified in the project-specific agreements signed by relevant operating administration and the grant recipients, based on critical path items that applicants identify in the application and will be consistent with relevant State and local plans. (d) Assessment of Project Risks and Mitigation Strategies Project risks, such as procurement delays, environmental uncertainties, increases in real estate acquisition costs, uncommitted local match, or lack of legislative approval, affect the likelihood of successful project start and completion. The applicant should identify all material risks to the project and the strategies that the lead applicant and any project partners have undertaken or will undertake in order to mitigate those risks. The applicant should assess the greatest risks to the project and identify how the project parties will mitigate those risks. To the extent it is unfamiliar with the Federal program, the applicant should contact the appropriate DOT operating administration field or headquarters offices, as found in contact information at www.transportation.gov/BUILDgrants, for information on the pre-requisite steps to obligate Federal funds in order to ensure that their project schedule is reasonable and that there are no risks of delays in satisfying Federal requirements. BUILD Transportation Planning Grant applicants should describe their capacity to successfully implement the proposed activities in a timely manner. (3) Benefit Cost Analysis This section describes the recommended approach for the completion and submission of a benefit- cost analysis (BCA) as an appendix to the Project Narrative. The results of the analysis should be summarized in the Project Narrative directly, as described in Section D.2. Applicants should delineate each of their project’s expected outcomes in the form of a complete BCA to enable the Department to evaluate the project’s cost-effectiveness by estimating a benefit-cost ratio and calculating the magnitude of net benefits and costs for the project. In support of each project for which an applicant seeks funding, that applicant should submit a BCA that quantifies the expected benefits of the project against a no-build baseline, provides monetary estimates of the benefits’ economic value, and compares the properly-discounted present values of these benefits to the project’s estimated costs. The primary economic benefits from projects eligible for BUILD Transportation Grants are likely to include savings in travel time costs, vehicle operating costs, and safety costs for both existing users of the improved facility and new users who may be attracted to it as a result of the project. Reduced damages from vehicle emissions and savings in maintenance costs to public agencies may also be quantified. Applicants may describe other categories of benefits in the BCA that are more difficult to quantify and value in economic terms, such as improving the reliability of travel times or improvements to the existing human and natural environments (such as increased connectivity, improved public health, storm water runoff mitigation, and noise reduction), while also providing numerical estimates of the magnitude and timing of each of these additional impacts wherever possible. Any benefits claimed for the project, both quantified and unquantified, should be clearly tied to the expected outcomes of the project. The BCA should include the full costs of developing, constructing, operating, and maintaining the proposed project, as well as the expected timing or schedule for costs in each of these categories. The BCA may also consider the present discounted value of any remaining service life of the asset at the end of the analysis period. The costs and benefits that are compared in the BCA should also cover the same project scope. The BCA should carefully document the assumptions and methodology used to produce the analysis, including a description of the baseline, the sources of data used to project the outcomes of the project, and the values of key input parameters. Applicants should provide all relevant files used for their BCA, including any spreadsheet files and technical memos describing the analysis (whether created in-house or by a contractor). The spreadsheets and technical memos should present the calculations in sufficient detail and transparency to allow the analysis to be reproduced by DOT evaluators. Detailed guidance for estimating some types of quantitative benefits and costs, together with recommended economic values for converting them to dollar terms and discounting to their present values, are available in the Department’s guidance for conducting BCAs for projects seeking funding under the BUILD Transportation program (see www.transportation.gov/BUILDgrants/ additional-guidance). 3. Unique Entity Identifier and System for Award Management (SAM) Each applicant must: (1) Be registered in SAM before submitting its application; (2) provide a valid unique entity identifier in its application; and (3) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Department may not make a BUILD Transportation grant to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Department is ready to make a BUILD Transportation grant, the Department may determine that the applicant is not qualified to receive a BUILD Transportation grant and use that determination as a basis for making VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18658 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices a BUILD Transportation grant to another applicant. 4. Submission Dates and Times i. Deadline Applications must be submitted by 8:00 p.m. E.D.T. on July 18, 2018. The Grants.gov ‘‘Apply’’ function will open by June 3, 2018. To submit an application through Grants.gov, applicants must: (1) Obtain a Data Universal Numbering System (DUNS) number; (2) Register with the System for Award Management (SAM) at www.SAM.gov; (3) Create a Grants.gov username and password; and (4) The E-Business Point of Contact (POC) at the applicant’s organization must respond to the registration email from Grants.gov and login at Grants.gov to authorize the applicant as the Authorized Organization Representative (AOR). Please note that there can be more than one AOR for an organization. Please note that the Grants.gov registration process usually takes 2–4 weeks to complete and that the Department will not consider late applications that are the result of failure to register or comply with Grants.gov applicant requirements in a timely manner. For information and instruction on each of these processes, please see instructions at http://www.grants.gov/ web/grants/applicants/applicant- faqs.html. If applicants experience difficulties at any point during the registration or application process, please call the Grants.gov Customer Service Support Hotline at 1(800) 518– 4726, Monday–Friday from 7:00 a.m. to 9:00 p.m. EST. ii. Consideration of Applications Only applicants who comply with all submission deadlines described in this notice and electronically submit valid applications through Grants.gov will be eligible for award. Applicants are strongly encouraged to make submissions in advance of the deadline. iii. Late Applications Applicants experiencing technical issues with Grants.gov that are beyond the applicant’s control must contact BUILDgrants@dot.gov prior to the application deadline with the user name of the registrant and details of the technical issue experienced. The applicant must provide: (1) Details of the technical issue experienced; (2) Screen capture(s) of the technical issues experienced along with corresponding Grants.gov ‘‘Grant tracking number’’; (3) The ‘‘Legal Business Name’’ for the applicant that was provided in the SF– 424; (4) The AOR name submitted in the SF–424; (5) The DUNS number associated with the application; and (6) The Grants.gov Help Desk Tracking Number. To ensure a fair competition of limited discretionary funds, the following conditions are not valid reasons to permit late submissions: (1) Failure to complete the registration process before the deadline; (2) failure to follow Grants.gov instructions on how to register and apply as posted on its website; (3) failure to follow all instructions in this notice of funding opportunity; and (4) technical issues experienced with the applicant’s computer or information technology environment. After the Department reviews all information submitted and contact the Grants.gov Help Desk to validate reported technical issues, DOT staff will contact late applicants to approve or deny a request to submit a late application through Grants.gov. If the reported technical issues cannot be validated, late applications will be rejected as untimely. E. Application Review Information 1. Criteria This section specifies the criteria that DOT will use to evaluate and award applications for BUILD Transportation Discretionary Grants. The criteria incorporate the statutory eligibility requirements for this program, which are specified in this notice as relevant. Projects will also be evaluated for demonstrated project readiness and benefits and costs. i. Merit Criteria Applications that do not demonstrate a likelihood of significant long-term benefits based on these criteria will not proceed in the evaluation process. DOT does not consider any merit criterion more important than the others. BUILD Transportation Planning Grant applications will be evaluated against the same criteria as capital grant applications. While the FY 2018 Appropriations Act allows funding solely for pre-construction activities, the Department will prioritize FY 2018 BUILD Transportation funding for projects which demonstrate the ability to move into the construction phase within the period of obligation. The selection criteria, which will receive equal consideration, are: (a) Safety The Department will assess the project’s ability to foster a safe transportation system for the movement of goods and people. The Department will consider the projected impacts on the number, rate, and consequences of crashes, fatalities and injuries among transportation users; the project’s contribution to the elimination of highway/rail grade crossings, or the project’s contribution to preventing unintended releases of hazardous materials. (b) State of Good Repair The Department will assess whether and to what extent: (1) The project is consistent with relevant plans to maintain transportation facilities or systems in a state of good repair and address current and projected vulnerabilities; (2) if left unimproved, the poor condition of the asset will threaten future transportation network efficiency, mobility of goods or accessibility and mobility of people, or economic growth; (3) the project is appropriately capitalized up front and uses asset management approaches that optimize its long-term cost structure; (4) a sustainable source of revenue is available for operations and maintenance of the project and the project will reduce overall life-cycle costs; (5) maintain or improve transportation infrastructure that supports border security functions; and (6) the project includes a plan to maintain the transportation infrastructure in a state of good repair. The Department will prioritize projects that ensure the good condition of transportation infrastructure, including rural transportation infrastructure, that support commerce and economic growth. (c) Economic Competitiveness The Department will assess whether the project will (1) decrease transportation costs and improve access, especially for rural communities, through reliable and timely access to employment centers and job opportunities; (2) improve long-term efficiency, reliability or costs in the movement of workers or goods; (3) increase the economic productivity of land, capital, or labor; (4) result in long- term job creation and other economic opportunities; or (5) help the United States compete in a global economy by facilitating efficient and reliable freight movement. Projects that address congestion in major urban areas, particularly those that do so through the use of congestion VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18659 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices pricing or the deployment of advanced technology, projects that bridge gaps in service in rural areas, and projects that attract private economic development, all support local or regional economic competitiveness. (d) Environmental Protection The Department will consider the extent to which the project improves energy efficiency, reduces dependence on oil, reduces congestion-related emissions, improves water quality, avoids and mitigates environmental impacts and otherwise benefits the environment, including through alternative right of way uses demonstrating innovative ways to improve or streamline environmental reviews while maintaining the same outcomes. The Department will assess the project’s ability to: (i) Reduce energy use and air or water pollution through congestion mitigation strategies; (ii) avoid adverse environmental impacts to air or water quality, wetlands, and endangered species; or (iii) provide environmental benefits, such as brownfield redevelopment, ground water recharge in areas of water scarcity, wetlands creation or improved habitat connectivity, and stormwater mitigation. (e) Quality of Life The Department will consider the extent to which the project: (i) Increases transportation choices for individuals to provide more freedom on transportation decisions; (ii) expands access to essential services for communities across the United States, particularly for rural communities; and (iii) improves connectivity for citizens to jobs, health care, and other critical destinations, particularly for rural communities. Americans living in rural areas and on Tribal lands continue to disproportionately lack access and connectivity, and the Department will consider whether and the extent to which the construction of the transportation project will allow concurrent installation of fiber or other broadband deployment as an essential service. (f) Innovation The Department will assess the extent to which the applicant uses innovative strategies, including: (i) Innovative technologies, (ii) innovative project delivery, or (iii) innovative financing. (i) Innovative Technologies DOT will assess innovative approaches to transportation safety, particularly in relation to automated vehicles and the detection, mitigation, and documentation of safety risks. When making BUILD Transportation award decisions, the Department will consider any innovative safety approaches proposed by the applicant, particularly projects which incorporate innovative design solutions, enhance the environment for automated vehicles, or use technology to improve the detection, mitigation, and documentation of safety risks. Innovative safety approaches may include, but are not limited to: •Conflict detection and mitigation technologies (e.g., intersection alerts and signal prioritization); •Dynamic signaling or pricing systems to reduce congestion; •Signage and design features that facilitate autonomous or semi- autonomous vehicle technologies; •Applications to automatically capture and report safety-related issues (e.g., identifying and documenting near- miss incidents); and •Cybersecurity elements to protect safety-critical systems. For innovative safety proposals, the Department will evaluate safety benefits that those approaches could produce and the broader applicability of the potential results. DOT will also assess the extent to which the project uses innovative technology that supports surface transportation to significantly enhance the operational performance of the transportation system. Innovative technologies include: broadband deployment and the installation of high-speed networks concurrent with the project construction; connecting Intelligent Transportation System (ITS) infrastructure; and providing direct fiber connections that support surface transportation to public and private entities, which can provide a platform and catalyst for growth of rural communities. The Department will consider whether and the extent to which the construction of the transportation project will allow concurrent broadband deployment and the installation of high-speed networks. (ii) Innovative Project Delivery DOT will consider the extent to which the project utilizes innovative practices in contracting, congestion management, asset management, or long-term operations and maintenance. The Department also seeks projects that employ innovative approaches to improve the efficiency and effectiveness of the environmental permitting and review to accelerate project delivery and achieve improved outcomes for communities and the environment. The Department’s objective is to achieve timely and consistent environmental review and permit decisions. Participation in innovative project delivery approaches will not remove any statutory requirements affecting project delivery. While BUILD Transportation award recipients are not required to employ innovative approaches, the Department encourages BUILD Transportation applicants to describe innovative project delivery methods for proposed projects. Additionally, DOT is interested in projects that apply innovative strategies to improve the efficiency of project development or expedite project delivery by using FHWA’s Special Experimental Project No. 14 (SEP–14) and Special Experimental Project No. 15 (SEP–15). Under SEP–14 and SEP–15, FHWA may waive statutory and regulatory requirements under title 23 on a project-by-project basis to explore innovative processes that could be adopted through legislation. This experimental authority is available to test changes that would improve the efficiency of project delivery in a manner that is consistent with the purposes underlying existing requirements; it is not available to frustrate the purposes of existing requirements. When making BUILD Transportation award decisions, the Department will consider the applicant’s proposals to use SEP–14 or SEP–15, whether the proposals are consistent with the objectives and requirements of those programs, the potential benefits that experimental authorities or waivers might provide to the project, and the broader applicability of potential results. The Department is not replacing the application processes for SEP–14 or SEP–15 with this notice or the BUILD Transportation program application. Instead, it seeks detailed expressions of interest in those programs. If selected for an BUILD Transportation award, the applicant would need to satisfy the relevant programs’ requirements and complete the appropriate application processes. Selection for a BUILD Transportation award does not mean a project’s SEP–14 or SEP–15 proposal has been approved. The Department will make a separate determination in accordance with those programs’ processes on the appropriateness of a waiver. (iii) Innovative Financing DOT will assess the extent to which the project incorporates innovations in transportation funding and finance through both traditional and innovative means, including by using private sector funding or financing and recycled VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18660 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices revenue from the competitive sale or lease of publicly owned or operated assets. (g) Partnership The Department will consider the extent to which projects demonstrate strong collaboration among a broad range of stakeholders. Projects with strong partnership typically involve multiple partners in project development and funding, such as State and local governments, other public entities, and private or nonprofit entities. DOT will consider rural applicants that partner with State, local, or private entities for the completion and operation of transportation infrastructure to have strong partnership. DOT will also assess the extent to which the project application demonstrates collaboration among neighboring or regional jurisdictions, including neighboring rural areas, to achieve local or regional benefits. In the context of public-private partnerships, DOT will assess the extent to which partners are encouraged to ensure long- term asset performance, such as through pay-for-success approaches. DOT will also consider the extent to which projects include partnerships that bring together diverse transportation agencies or are supported, financially or otherwise, by other stakeholders that are pursuing similar objectives. For example, DOT will consider the extent to which transportation projects are coordinated with economic development, housing, water and waste infrastructure, power and electric infrastructure, broadband and land use plans and policies or other public service efforts. (h) Non-Federal Revenue for Transportation Infrastructure Investment The Administration believes that attracting significant new, non-Federal revenue streams dedicated to transportation infrastructure investment is desirable to maximize investment in transportation infrastructure. The Department will assess the extent that applications provide evidence that the applicant will secure and commit new, non-Federal revenue to transportation infrastructure investment. New revenue means revenue that is not included in current and projected funding levels and results from specific actions taken to increase transportation infrastructure investment. For example, an applicant may generate new revenue through asset recycling, tolling, tax- increment financing, or sales or gas tax increases. New revenue does not include the proceeds of a new bond issuance unless an applicant raises or commits to raising new revenue to repay the bonds. The Department will consider actions to create new revenue only if those actions occurred after January 1, 2015 or will occur in the future; it will not consider actions that occurred before January 1, 2015. For applications that propose to generate revenue over multiple years, the maximum time period that should be used is 10 years, beginning on January 1, 2018. Among otherwise similar applications, applicants that generate more new non-Federal revenue for future transportation infrastructure investment will be more competitive. The Department recognizes that applicants have varying abilities and resources to generate non-Federal revenue. If an applicant describes broader legal or fiscal constraints that affect its ability to generate non-Federal revenue, the Department will consider those constraints. As mandated by the FY 2018 Appropriations Act, the Department will not use the Federal share as a selection criterion in awarding projects. ii. Demonstrated Project Readiness During application evaluation, the Department may consider project readiness to assess the likelihood of a successful project. In that analysis, the Department will consider significant risks to successful completion of a project, including risks associated with environmental review, permitting, technical feasibility, funding, and the applicant’s capacity to manage project delivery. Risks do not disqualify projects from award, but competitive applications clearly and directly describe achievable risk mitigation strategies. A project with mitigated risks or with a risk mitigation plan is more competitive than a comparable project with unaddressed risks. iii. Project Costs and Benefits The Department may consider the costs and benefits of projects seeking BUILD Transportation funding. To the extent possible, the Department will rely on quantitative, data-supported analysis to assess how well a project addresses this criterion, including an assessment of the project’s estimated benefit-cost ratio and net quantifiable benefits based on the applicant-supplied BCA described in Section D.2.vi. iv. Additional Considerations The FY 2018 Appropriations Act requires the Department to consider contributions to geographic diversity among recipients, including the need for a balance between the needs of rural and urban communities when selecting BUILD Transportation projects. 2. Review and Selection Process DOT reviews all eligible applications received by the deadline. The BUILD Transportation grants review and selection process consists of at least Technical Review and Senior Review. In the Technical Review, teams comprising staff from the Office of the Secretary (OST) and operating administrations review all eligible applications and rate projects based on how well the projects align with the selection criteria. The Senior Review Team, which includes senior leadership from OST and the operating administrations determines which projects to advance to the Secretary as Highly Rated. The FY 2018 Appropriations Act mandated BUILD Transportation grant awards by December 18, 2018. To ensure the Department meets the statutory deadline specified in the FY 2018 Appropriations Act, the Department may revise the evaluation process based on the number of applications received. The Secretary selects from the Highly Rated projects for final awards. 3. Additional Information Prior to award, each selected applicant will be subject to a risk assessment as required by 2 CFR 200.205. The Department must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). An applicant may review information in FAPIIS and comment on any information about itself. The Department will consider comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants. F. Federal Award Administration Information 1. Federal Award Notice Following the evaluation outlined in Section E, the Secretary will announce awarded projects by posting a list of selected projects at www.transportation. gov/BUILDgrants. Notice of selection is not authorization to begin performance. Following that announcement, the relevant operating administration will contact the point of contact listed in the SF 424 to initiate negotiation of the grant agreement for authorization. VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES 18661 Federal Register /Vol. 83, No. 82/Friday, April 27, 2018/Notices 2. Administrative and National Policy Requirements All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part 1201. Additionally, applicable Federal laws, rules and regulations of the relevant operating administration administering the project will apply to the projects that receive BUILD Transportation Discretionary Grants awards, including planning requirements, Service Outcome Agreements, Stakeholder Agreements, Buy America compliance, and other requirements under DOT’s other highway, transit, rail, and port grant programs. For projects administered by FHWA, applicable Federal laws, rules, and regulations set forth in Title 23 U.S.C. and Title 23 CFR apply. For an illustrative list of the applicable laws, rules, regulations, executive orders, polices, guidelines, and requirements as they relate to a BUILD Transportation project administered by the FHWA, please see https://ops.fhwa.dot.gov/ Freight/infrastructure/tiger/fy2016_gr_ exhbt/index.htm. For BUILD Transportation projects administered by the Federal Transit Administration and partially funded with Federal transit assistance, all relevant requirements under chapter 53 of title 49 U.S.C. apply. For transit projects funded exclusively with BUILD Transportation Discretionary Grants funds, some requirements of chapter 53 of title 49 U.S.C. and chapter VI of title 49 CFR apply. For projects administered by the Federal Railroad Administration, FRA requirements described in 49 U.S.C. Subtitle V, Part C apply. Federal wage rate requirements included in subchapter IV of chapter 31 of title 40, U.S.C., apply to all projects receiving funds under this program, and apply to all parts of the project, whether funded with BUILD Transportation Discretionary Grant funds, other Federal funds, or non-Federal funds. 3. Reporting i. Progress Reporting on Grant Activities Each applicant selected for BUILD Transportation Discretionary Grants funding must submit quarterly progress reports and Federal Financial Reports (SF–425) to monitor project progress and ensure accountability and financial transparency in the BUILD Transportation program. ii. System Performance Reporting Each applicant selected for BUILD Transportation Discretionary Grant funding must collect information and report on the project’s observed performance with respect to the relevant long-term outcomes that are expected to be achieved through construction of the project. Performance indicators will not include formal goals or targets, but will include observed measures under baseline (pre-project) as well as post- implementation outcomes for an agreed- upon timeline, and will be used to evaluate and compare projects and monitor the results that grant funds achieve to the intended long-term outcomes of the BUILD Transportation program are achieved. To the extent possible, performance indicators used in the reporting should align with the measures included in the application and should relate to at least one of the selection criteria defined in Section E. Performance reporting continues for several years after project construction is completed, and DOT does not provide BUILD Transportation Discretionary Grant funding specifically for performance reporting. iii. Reporting of Matters Related to Recipient Integrity and Performance If the total value of a selected applicant’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the applicant during that period of time must maintain the currency of information reported to the SAM that is made available in the designated integrity and performance system (currently FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110–417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111–212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. G. Federal Awarding Agency Contacts For further information concerning this notice please contact the BUILD Transportation program staff via email at BUILDgrants@dot.gov, or call Howard Hill at 202–366–0301. A TDD is available for individuals who are deaf or hard of hearing at 202–366–3993. In addition, DOT will post answers to questions and requests for clarifications on DOT’s website at www.transportation.gov/BUILDgrants. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact DOT directly, rather than through intermediaries or third parties, with questions. DOT staff may also conduct briefings on the BUILD Transportation Discretionary Grants selection and award process upon request. H. Other information 1. Protection of Confidential Business Information All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the application includes information the applicant considers to be a trade secret or confidential commercial or financial information, the applicant should do the following: (1) Note on the front cover that the submission ‘‘Contains Confidential Business Information (CBI)’’; (2) mark each affected page ‘‘CBI’’; and (3) highlight or otherwise denote the CBI portions. DOT protects such information from disclosure to the extent allowed under applicable law. In the event DOT receives a Freedom of Information Act (FOIA) request for the information, DOT will follow the procedures described in its FOIA regulations at 49 CFR 7.17. Only information that is ultimately determined to be confidential under that procedure will be exempt from disclosure under FOIA. Issued on: April 20, 2018. Elaine L. Chao, Secretary. [FR Doc. 2018–08906 Filed 4–26–18; 8:45 am] BILLING CODE 4910–9X–P VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00161 Fmt 4703 Sfmt 9990 E:\FR\FM\27APN1.SGM 27APN1daltland on DSKBBV9HB2PROD with NOTICES