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HomeMy WebLinkAboutNotification to Adjoining Municipalities Regarding Proposed Local Law 9.14.2006.PDF,;'ur,y'' ' TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 i,i;n* itfi,X, TowNCLERK2T3-|72|HIGHWAY(Roads,Parks,Trails,Water&Sewer)2-73-|656pl,ei.nlnrc zrg-tzaz zoNING 273-1783 FAX.(607)273-1704 ENGTNEERINGIT3-II4I J ,l i i,,,C .qI , - :-til]'+vt "4 t v ti TO:Municipal Clerks:Town of Ulysses Town of Enfield Town ofNewfield Town of Danby Town of Dryden Town of Lansing Village of Cayuga Heights Village of Lansing City of Ithaca FI{OM: D,ATE: RE: Jonathan Kanter, AICP, Director of Planning & + September 14,2006 Notification to Adjoining Municipalities Regarding Proposed Local Law This is to notiff you that the Town of Ithaca Town Board has scheduled a public hearing- on grt"t"i- ro. zgoo to consider adopting a local- law -adding chapler 173, titled "Lighting, Outdoor,, to the Town of Ithaca Code, aid amending Chaper 221 of the Town of Ithaca Code, titled..Signs,,, and Chapter 270 of theTown of Ithaca Code, titled "Zoning", to add references to ttre outdJor Lighting raw. rnis serves as formal notification of these pending Code changes as required by Section 264 of Town Law. Description: The proposed action is the enactment by the Town of Ithaca Town Board of a local krw that would add requirements and restrictions regarding outdoor lighting to reducg Jhe problems created by impioperny designed and installed outdoor lighting. The propg-sed local law i'cludes the following: new aennitions, shielding requirements for most outdoor lights (Tt"pl ftrr typicat residentii lighting), regulations t g*ai"g lighting o! outdogr signs, recreational facilities and roof overhings ioa "*opies, and spotlights/floodlights, and other miscellaneous provisions. Location: The proposed local law would apply town-wide in all zoning distriets Irlease let us know if you have any comments or questions regarding the proposed local law' The clraft Local Law regarding Outdoor Lighting is attached' If you nced further information, please call me a1273'1747 ' Att. oc: JoAnn Comish, city of Ithaca Dept. of Planning & Development DRAFT TOWN OF'ITIIACA LOCAL LAW NO. - oF TrrE YEAR 2006 A LOCAL LAW ADDING CHAPTER 173, TITLED "LIGIITING, OUTDOOR" TO TIIE TowI\ oF ITHACA CODE, .lNo .q,MENDING CIIAPTER 221OF TIm TOWN oF ITHACA CODE, TITLED "SIGNS"',AND CIIAPTER 270 OI'TIm TowI{ oF TTHACA CODE' TTTLED "ZONrNci'ro ADD REFERENCES TO TIIE OUTDOOR LIGIITING LAW Be it enacted by the Town Board of the Town of Ithaca as follows: section 1. The Town of Ithaca code is hereby amended by adding chapter 173' entitled "L,ighting, Outdoor", reading as follows: ChaPter 173 LIGHTING, OUTDOOR S 173'1. Title. $ 173-2. Findings. $ 173-3. PurPose. S 173-4. Definitions. $ 173-5. Applicability of requirements' S 173-6. Control of glare-shielding requirements' $ 173-7. Exemptions to control of glare' $ 173-3. Outdoor signs' $ 173-9. Recreational facilities' $ 173-10. Lighting under roof overhangs and canopies' $ 1?3-11. SPotlighUfloodlight' $ 173-12. Prohibitions' $ 173-13. Temporary outdoor lighting' S 1,73-14 Existing nonconforming luminaires' 01lru06 *RAFT $ 173-15. New construction. $ 173-16. Notification requirements. S 173-17. Enforcement of violations. S 173-18. Appeals and variances. S 173-19. Law governing conflicts. $ 173-1. Title. This chapter shall be known as the Outdoor Lighting Law. S 173-2. Findings. The Town Board of the Town of Ithaca finds the following: A. Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's nighuime character, and helps provide security. B. New lighting technologies have produced lights that are extremely powerful, anLd these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, higher energy use, and can negatively impact animals. Excessive glare can be annoying and can cause safety problems. Light trespass reduces everyone's privacy, and sky glow can interfere with observatories. If therie problems are addressed, the resulting reduced energy use can benefit everyone through reduced pollution and lower energy costs. C. There is a need for a lighting law that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation and operation so as to help maintain amd complement the Town's character. D. Appropriately regulated, and properly installed, outdoor lighting will contribute tto the safety and welfare of the residenJs and visitors of the Town. $ 173-3. Purpose. The purpose of this chapter is to promote the public safety and welfare by regulating outdoor lighting to reduce the problems created by improperly designed and installed outdoor lighting. This chapter is intended to eliminate problems of glare and minimize light trespass to keep unnecessary direct light from shining onto abutting properties or streets, to help reduce the energy costs of outdoor lighting, and to reduce sky glow. 07/Lu06 DRAFT $ 1734. Definitions. As used in this chapter, the following terms shall be defined as follows: DIRECT LIGHT: Light emitted directly from the lamp, off the reflector or reflcctor diffuser, or through the refractor or diffuser lens, of a luminaire. DISABILITY GLARE: Glare resulting in reduced visual performance and visibility. It is often accompanied bY discomfort ENFORCEMENT OFFICIAL: The official charged with the duty to enforce the zoning and other laws, ordinances, codes, and regUlations relating to buildings and properlry' EXISTING NONCONFORMING LUMINAIRES: Luminaires not conforming to the provisions of this chaper that were in place on the effective date of this chapter FIXTURE: The assembly that houses the lamp or lamps and can include all or some of the following parts: u ho.rrirrg, a mounting bracket or pole socket, a lamp holder, a ballast' a reflector or mirror, and/or a refractor or lens' FLOOD OR SPOTLIGHT: Any light fixture or lamp that incorpo'.?t"'.a.reflector' a refractor, or a prismatic lens to concentrate the light outp-ut into a directed beam in a particular direction. FULLY-SHIELDED LUMINAIRE: A luminaire constructed ?4'Ttull:d in such a manner that all light emitted by it, either directly from the lamn-91a diffirsing element, is projected below a horizontal plane through the luminaire's lowest light emitting part' GLARE: Light emitted from a luminaire with an intensity great enough to reduce a viewer's ability to seeland in extreme cases causing momentary blindness. 07n2106 DRAFT' INDIRECT LIGHT: Direct light that has been reflected or has scattered off other surfaces. LAMP: The component of a luminaire that produces the actual light (commonly called a bulb). LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LUMEN: The unit used to measure the actual amount of light which is produced by a laq2. One footcandle is one lumen per square foot. For the purposes of this chapter, the lumen- output values shall be the INITIAL lumen output ratings of a lamp. Lumen output of most lamps is listed on the packaging. LUMINAIRE: A complete lighting system, including a lamp or lamps and a fixture. OUTDOOR LIGHTING: The night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means. SKY GLOW: The overhead glow from light emitted sideways and upwards, including liglrt reflected upward from the ground or other surfaces. Sky glow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the afrnosphere. TEMPORARY OUTDOOR LIGHTING: The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven (7) days, with at least 180 days passing before being used again. $ 173-5. Applicability of requirements. All new and replacement public and private outdoor lighting installed in the Town of Ithac;a after the effective date of this chapter shall be in conformance with the requirements of this chapter. Certain lighting in place on the effective date of this chapter shall also be subject 1;o the requirements of this chapter, as specified in $ 173-14. Any inconsistent language in thre Town of Ithaca Code is superceded by the requirements of this chapter. $ 173-6. Control of glar*-shielding requirements. A. All nonexempt outdoor lighting fixtures shall be fully shielded, except glass tubes filled with neon, argon, or krypton do not require any shielding. B. Notwithstanding the foregoing, any lamp of 1,000 lumens or less does not require any shielding. S 173-7 Exemptions to control of glare. 07n2t06 DRAFT A. All temporary emergency lighting needed.by-police or fire departments or other emergency ,J*i*r,lr well is all-automobili luminaires, shall be exempt from the requirements of this chaPter. B. All hazard-warning luminaires required by federal regulatory agencies Te exempt from the requiremJnts of this articfe, except that a-ll luminaires used must be as close as possible to the federally-required minimum lumen output requirement for the specific task. C. Fossil fuel light. All outdoor light fixtures producing light directly by combustion of fossil fuels (-such as kerosene lanterns, and gas lamps) or equivalent, are exempt from the requirements of this chapter' D. Holiday decorations. Lights used for holiday decorations are exempt from the requirements of this chaPter. E. Fountain lights. All lights located requirements from this chaPter. S 173-8 Outdoor signs. within a fountain are exempt from the A. Top mounted fixtures required. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the Jign Jtto.tot". All such fixtures shall comply with the shielding requirements of $ n3:6. Bottom-mounted outdoor sign lighting shall not be used. outdoor signs of the tlpe constructed of translucent materials and wholly illuminated from within Oo ttot require shielding. Dark -backgrounds with light lettering or sy-mbols are preferred, to minimize dehimental effects. Existing nonconforming outdoor signs shall be brought into conformance with the pro"isiS"r of this chapter within one year from its effective date. In addition to the foregoing requirements, all outdoor signs must conform to $ 221-8 of the Town of lthaca Code regarding sign illumination' C. o7n2l06 D. *RAFT $ 173-9 Recreational facilities Any light source permitted by this chapter may be used for lighting of outdoor recreationerl facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met: A. All fixtures used for event lighting shall be fully shielded as defined in $ 1734 of this chapter B. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. S 173-10 Lighting under roofoverhangs and canopies. A. Light fixtures mounted under roof overhangs and canopies shall be reeessed so that the lens cover is recessed or flush with the bottom surface (soffrt) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degtees from vertical. Source: International Dark-Sky Association Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides of the canopy shall not be illuminated. Existing nonconforming lighting under or on roof overhangs and canopies shall be brought into conformance with the provisions of this chapter within one year from its effective date. $ 173-11 SpotlighUfloodlight. Spotlights and floodlights shall be aimed 45 degrees or more below the horizontal. B. C. 07/tzt06' DRAFT Light aimcd abow horizontal planc $ 173-12 Prohibitions. A. Laser source light. The use of laser source light or any similar hiqh ltensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited. The temporary use of laser source lights that projec't light into the sky may be allowed subjict to the restrictions of temporary outdoor lighting contained in B. Searchlights and strobe lights. The operation of searchlights or sffobe lights is prohibited. ACCEPTABLE UNACCEPTABLE UNACCEPTABLE a7lla06 *RAFT C. Mercury vapor fixtures and lamps. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited. $173-13 Temporary outdoor lighting. Nonconforming temporary outdoor lighting may be permitted by the Enforcement Official after considering: (1) the public and/or private benefits that will result from the temporary lighting; (2) any annoyance or safety problems that may resunt from the use of the temporary lighting; and (3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Enforcement Official, who shall consider the request. The Enforcement Official shall render the decision on the temporary lighting request within two weeks. $ 173-14 Existing nonconforming luminaires. All luminaires lawfully in place on the effective date of this chapter that do not meet the requirements of this chapter are exempt from this chapter, except that: A. Any luminaire that replaces an existing nonconforming luminaiie, or any existing nonconforming luminaire that is movedo must meet the requirements of this chapter; B. Any existing nonconforming luminaire that creates glare or light trespass shall h,e either shielded or re-directed within thirty (30) days of notification to the owner or occupant by the Town, so that the direct light is contained on the property; C. Existing nonconforming luminaires that direct light toward streets or parking lots and cause disability glare to motorists, pedestrians, or cyclists shall be either shielded or re-directed within thirly (30) days of notification to the owner or occupant by the Town, so that the luminaires do not cause a potential hazard l:a motorists, pedesfians, or cyclists ; D. Existing nonconforming signs are exempt only for a period of one year, as specifie,d in $ 173-8C; E. Existing nonconforming lighting under or on roof overhangs and canopies is exempt only for a period of one yeax, as specified in $ 173-10C; and F. Section 173-98 regarding hours of operation shall apply. S U3-15 New construction. A. Submission contents. The applicant for any permit or approval required by anLy provision of the Town of Ithaca Code in connection with proposed work involvinrg outdoor lighting fixtures shall submit (as part of the application for permit or approval) evidence that the proposed work will comply with the requirements of this 07A2tO6 *RAFT chapter. The submission shall contain but shall not necessarily be limited to the following: (1) plans indicating the location on the premises, and the type of illuminating devices, fixtures,lamps, supports, reflectors, and other devices; (Z) Description of the illuminating devices, ftxtures, lamps, supports, reflectors and. otirer devices, and their lumen output. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including ections where required); (3) photometric data, such.as that furnished by manufacturers, or similar data showing the angle of cut off or light emissions, and the lumen output. B. Additional submission. The above-required plans, descriptions and data shall be suffrciently complete to enable the plans examiner or board to readily determine whether compliance with the requirements of this chapter will be secured. If such plans, descriptions and data cannot enable.this deterrnination, by reason of the nature -or configuration of the devices, fixtures, or lamps proposed, the. applicant shall submit additional evidence of compliance to enable such determination, such as certified test reports by a recognized testing laboratory' C. Subdivision plat certification. If any subdivision proposes to- have installed street or other common or publi c areaoutdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this chapter will be adhered to. D. Lamp or fixture substitution or addition. Should any outdoor light fixture, or the type of light source therein, be changed or added after the permit or approval has bein issued, a change request must be submitted to the Enforcement official for approval, together *I*t uOiqrrate information to assure compliance with this chapter' Approval must be received prior to substitution or addition. $ 1?3-16 Notilication requirements. A. The Town of Ithaca application forms for site plan approval, subdivision approval, special approval, ana fuitOitrg permits shall include a statement asking whetlrer the planned project will include any outdoor lighting' B. Within thirty (30) days of the effective date of this chapter, the Town clerk shall send u."opy'oittri outdoor Lighting Law with a cover letter to all local electricians, local electric utility, local arch-itectural firms, and local engineering firms (including at least those in th, To*nr of Ithaca, Danby, Dryden, Enfield, Lansing, Newfield, and Ulysses, and the city of Ithaca as listed in the Yellow Pages). S 173-17 Enforcement of violations. 07n2/06 A. B. *RAF? In the event of a breach of any of the provisions of this chapter, the Enforcemernt Official shall notiff the owner of the premises, in writing, to remove, repair, or brirrg the luminaire into conformance within 30 days of the date of such notice. Upon failure to comply with any notice within the prescribed time, the Enforceme:nt Official may remove or cause removal, repair, or conformance of the luminaire, and shall assess all costs and expenses incurred against the owner of the premises on which the luminaire is located. All costs and expenses incurred by the Town of Ithaca in causing the removal, repair or conformance of any luminaire, as specified in this section, shall be collected frsm the owner of the premises on which such luminaire is located. Payment shall trc made in not more than five days after the receipt of a written demand, or in not more than 30 days after the final decision on any judicial contest the owner may pursue. If the owner fails to make a timely payment, then such unpaid costs, expenses and interest at the per annum rate of 9olo incurred from the date of removal, repair or Town action to bring the luminaire into conformance shall constitute a lien upon the premises on which the luminaire is located. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorneyos fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identiffing the property and owner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll asse$s such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against suc;h property, shall constitute a lien, and shall be eollected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt frorn real estate taxation. Any person, firm, corporation, or entity, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply with any order or regulation made thereunder, or who installs, moves, or alters any light in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter or other Town of Ithaca Code provisions, shall be guilty of a violation as the same is defined in the Penal Law and shall be fined not more than $100 for each violation. Each day that such violation is permitted to exist shall constitute a separate violation. Any police officer or peace officer or any person who may be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with such'violations. In addition, any person, firm, corporation, or entity, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails lio comply with any order or regulation made thereunder, or who installs, moves, or C. D. E. 07n2t06 l0 DRAFT alters any light in violation of any detailed statement or plans submitted by him and upprouri under the provisions of this chapter or other Town of Ithaca Code piovisions, shall be tiaUte for a civil penalty of one hundred dollars ($100.00) for a -first violation and two hundred dollars ($200.00) for a second or subsequent ri"i"ai"; rftr, was committed within a period of five years from the commission of the prior violation. Each day that such violation is permitted to exist shall constitute a separarc violation. The Attorney for lhe Toqp or his or her designee may commence an action or special pioceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance or restrain by injunction anY such violation. $ 173-18 Appeals and variances. A. The Zoning Board of Appeals, established pursuant to Chapter 270,Zontng, of the Town of Ithaca Code, shall hear and decide the following matters: (1) euestions of alleged error in any order or determination of the Enforcement Official involvin! the interpretation of the provisions of this chapter; and (2) Requests for variances from the prwisions of this chapter. B. The Zoning Board of Appeals may grant variances from the application of this chapter upon the following conditions: (1) Any variance shall be prospective in its application and shall not relieve any pr.ror, from the penaliies -*d fttt"t for violating this chapter by conditions ihat existed prior to the granting of the variance' (2) An application for a variance shall be submitted to the Town in a form substantially indicating the name and owner of the real property, the nature of the condition for wtriitr a variance is sought, and the reasons for which a variance is sought. (3) The applicant shall pay the same fee as that set forth in Chapter 153, Fees, of the Town of Ithaca iode for appeals to the Zontng Board of Appeals for variances. (4) Where the applicant is also seeking site plan review, the variance application shall be refcrred to the Planning Board, established pursuant to chapter 270' zontng, of the Town of lthaca-code, for its review and recommendation to the Zornng Board of APPeals. (5) The Zoning Board of Appeals shall hold a public hearing on,the application and shall publish notice of said public hearing at least five days prio-r to its date. At the option of the Zoning Board of Appeals, notice of said application tl MRAFS' (6) shall also be given to all landowners owning property adjoining the properQy for which a variance is sought. At the option of the ZonrngBoard of Appealsi, a notice that a variance is sought shall also be posted on the property irn accordance with the posting provisions of Chapter 270, Zonrng, of the Town ,of Ithaca Code. The Zoning Board of Appeals may grant a variance if it determines that ths purposes of this chapter will be met if the variance is granted, and that the benefit to the applicant if the variance is granted outweighs the detriment tro the health, safety and welfare of the neighborhood or community by suclh grant. In making such determination the Board shall consider, among other matters: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; O) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (c) Whether the requested variance is substantial; (d) Whether the proposed variance will have an adverse effect or impac;t on the physical or environtnental conditions in the neighborhood o,r district; and (e) Whether the alleged difficulty was self-created, which consideratio:n shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the variance. (7) The Zoning Board of Appeals, if it chooses to grant the variance, shall grarrt the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community (8) The Zoning Board of Appeals shall, in the granting of such variance, have th,e authority to impose such reasonable conditions and restrictions as are directl'y related to and incidental to the proposed use of the property and/or the periorrl of time such variance shall be in effect. Such conditions shall be consisterrt with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community The variances and the procedure for obtaining same shall, except where explicitl.y otherwise required by this chapter, be in accordance with the provisions of the Town 07il?/06 C. t2 *RAFT Law, particularly s 267 et seq., and the-provisions of the.Town of Ithaca code' chapter 2l},Zontng, relating to the consideration of area variances' D. Any person aggrieved by a decision of the Zoning BoardoJ Ap-peals may have the decision revifred by the Supreme Court of the State of New York in the manner provided bY law. $ 173-19 Law governing conflicts' Where any provision of federal, state, county, or lowq statutes, codes, Or laws conflicts with any provision of this chapter, the most restrictive provision shall govern except where preempted bY state or federal law. section 2. chapter 221, Signs, Section 221-8 of theTowq of Ithaca code, entitled "Sign illrrmiraation," is amended as follows: 1. $ 221-8.A is amended by adding a new subsection (6) reading as follows: .,Illuminations that do not meet the requirements of the Outdoor Lighting Law, ChapterlT3oftheTownoflthacaCode,areprohibited.'' 2.gzz!-SisfurtheramendedbyaddinganewsubparagraphE.asfollows: ..In addition to the foregoing requirements, all illuminations shall meet the requirements of the Ouiaooi fighting Law, Chapter 173 of the Town of Ithaca Code." section 3. Chapter 270, Zoning, section 270'22.Jof the Town of Ithaca code regarding Conservation Zones, entitled "Additional requirements and restrictions," is amended by adding a new subsection (3) as follows: ,.All approved street lighting must comply w-it!.the requirements of the Outdoor Lightiqg Law, Chapter L73 of the Town of Ithaca Code"' section 4. Chapter 270,Zomng, Section 270-18.8.M of the Town of Ithaca code regarding Site plan Review, titled "Considerations for approval,'l is amended by adding the following urnderlined language to this subparagraph: "Compliance with the Town's Comprehensive Plan, ZonrngOrdinalc-e'.Subdivision Regulation;;w;;;R.rorrr.", ordinances, if applicable, outdoorLiehting Law' and any o-tii", uppri.ubl" lu*r, rules, require{nents or policies.'? . Section 5. Chapter 270,Zontng, Section 270-122.8 of the Town of Ithaca Code regarding commercial zones,entitled..Additionaispecial requirements. Access and sidewalls,!'is amended 5y deleting the second sentence and replacing it wiih "All outdoor lighting must comply with the Mlru06 13 DRAFT requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code" so that Section 270-122.8 reads as follows: "Access and sidewalks. Access drives shall be paved with blacklop, concrete, or othei solid. material, and, if business is to be carried on in the ev. ening, shall be adequately lighted. All outdoor lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Unless waived by the Town Board or Planning Bqard for good cause shown, sidewalks shall be installed by the developer of any commercial zone (except Lakefront Commercial Zones) simultaneously with construction of any commercial buildings on any site." Section 6. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. i Section 7.This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. t4 rowN oF ITHACA noPY 215 N. Tioga Street, Ithaca, N'Y' 14850 \' TOWNCLERK2TS-lT2lHIGHWAYEoads,P-arks,Trails'water&scrver)273'1655'---- itAi.Inntozts'ttst zoNING273'1783 ENGINEERING 273.1747 FA)( (607) 273-1704 TO: FRICM: DA,TE: RE: Edward c. Manc, AICP, Commissioner of Planning and Public works Tompkins County Planning Deparhnent Jonathan Kanter, AICP, Director of Planning W, September 14,2006 zonins/Local Law proposal s-ubmjttgd for review Dursuant to General M-nic--l Law Segtions 239-l and 239-m' This is to notiff you that the Town of Ithaca rgy Board has scheduled a public hearing on october 16, 2006 to conside, uaoptiog a tocat. law.adding chapter 173, titled "Lighting, Otfidoor" to the Town of Ithaca Coa", -uia u*t"ai"g Chapter 221 gi tllt Town of Ithaca Code' titl.ed..Signs,,, and Chapter 270 of the Town of Ithaca Codi, titled "Z'oning',to add references to the outdoor Lighting Law. rnir rr*"r * rot*ut notification of these pending code cbanges as ;;dr"dby seJtions-239-l and 239-mof General Municipal Law. Description: The proposed action is the enactnent by the Town of Ithaca T9* Board of a local law that would add requirements and restictions regarding ggtqoot ll.ehtinS to reduce the problems created by improperlyjgsi*rea and installed outdooi liehting. The proposed local law includes the fo[o#ngirrriu ain"iuoir, rrtiJai"g rgquuements for most outdoor lights (except for typical residential lighting), -rrg,lo:ti'o* t"g;di"g -lighting of outdoor signs' recreational facilities and roof overhangs *a "*pio, *a-rpoui-grrtsnooatights, and other miscellaneous provisions Location: The proposed local law would apply town-wide in all zoning disnicts please let us know if you have any comments or questions regarding the proposed local law' The d:raftLocalLawregardingoutdoorLightingisattached. Illyouneedfurtherinformation,pleasecallmeat2T3-|747. /\tt.