HomeMy WebLinkAbout2018-07-25 PAB mtg packetInclusion through Diversity
Katherine Borgella, AICP Telephone (607) 274-5560
Commissioner of Planning and Sustainability www.tompkinscountyny.gov/planning
AGENDA
PLANNING ADVISORY BOARD
Wednesday July 25, 2018
9:00 AM – 10:30 AM
Scott Heyman Conference Room, Old Jail - 125 E. Court Street
Call to Order/Agenda Changes – David Herrick, Chair
May 23, 2018 Draft Minutes Approval – David Herrick, Chair
Introduction of New Staff (Andrea Aguirre) – Katie Borgella
TCDPS 2019 Budget Presentation – Katie Borgella
Update: Business YES Program – Andrea Aguirre
Presentation: Draft Guide to NYS General Municipal Law 239 – Katie Borgella
Municipal Outreach Discussion – Katie Borgella
Member Reports
Adjournment
9:00 am
9:05 am
9:10 am
9:15 am
9:25 am
9:35 am
9:50 am
10:20 am
10:30 am
Please allow 1 ½ hours for this meeting.
Tompkins County
DEPARTMENT OF PLANNING AND SUSTAINABILITY
121 East Court Street
Ithaca, New York 14850
If you will be absent, please notify
Kristin McCarthy 274-5560 or
kmmccarthy@tompkins-co.org
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PLANNING ADVISORY BOARD
Wednesday, May 23, 2018
Old Jail Conference Room, 125 E. Court Street, Ithaca NY 14850
DRAFT MEETING MINUTES
Members Attending:
Guests: None
Call to Order: Chair David Herrick called the meeting to order at 9:04 am.
Agenda Review/Changes: There were no changes to the agenda.
Draft Minutes Approval: Sue Cosentini moved, and Rod Howe seconded, approval of the March 28, 2018
draft minutes. The motion was carried by the members present except for Martha Armstrong, who abstained
because she missed the March meeting.
Introduction of New Staff – Katie Borgella
Katie Borgella introduced new staff members David West and Darby Kiley to the Board.
Election of New Vice Chair – Monika Roth
Rod Howe volunteered to serve as vice chair. Action: Monika Roth moved to nominate Rod Howe as vice chair
of the Planning Advisory Board. Andy Zepp seconded. Motion carried.
Draft 2018 Work Program– Katie Borgella
Katie presented the draft 2018 Work Program for the County Department of Planning and Sustainability and
asked PAB members for their feedback. The document in its entirety was included in the May agenda packet
for anyone seeking more details.
Here are a few highlights from Katie’s presentation as well as the from the Q&A session that followed:
• The Work Program touches on the organizational culture of the Department and for the first time
includes a Mission and Vision Statement to guide and explain the Department’s work.
• It features 13 Key Activities for 2018, including 3 planning initiatives, 7 implementing actions, and 3
strategic efforts. A few of these Activities are updating the Energy Strategy, implementing the Cayuga
Name Representation Name Representation
Martha Armstrong P Econ. Development Kathy Schlather P Human Services
Joe Bowes P Housing Rob Steuteville A Built Environment Design
Sue Cosentini P Business Andy Zepp P Land Preservation/Public Land Management
Fernando de Aragón E Transportation Dooley Kiefer E Associate Member
David Herrick P Facilities/Infrastructure Others Present
Rod Howe P Historical/Cultural Resources Katie Borgella P Commissioner
David Kay E Local Planning (urban) Scott Doyle P Associate Planner
Anna Kelles P PDEQ Nick Helmholdt P Tourism Program Director/Principal Planner
Susan Mann P Energy Darby Kiley P Associate Planner
Gay Nicholson E At-Large Kristin McCarthy P Administrative Assistant
Marcus Riehl E Natural Environment Megan McDonald P Deputy Commissioner
Monika Roth P Agriculture David West P Senior Planner
Leslie Schill P Education
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Lake Blueway Trail, and improving the Department reaches everyone in our community, especially
underrepresented populations.
• The Department is developing a user-friendly GML 239 guide to share with municipalities, as well as
developing a way to offer free GIS services to municipalities and nonprofits.
• An internal system exists for tracking project workflow and other aspects of the Work Program, but
per a suggestion from a PAB member, staff will explore options for external end-of-year reporting on
progress made, as well.
Draft Tompkins County Habitat Connectivity Strategy – Scott Doyle
Scott Doyle shared the final draft of the County’s Habitat Connectivity Strategy with the members. He first
brought the Strategy to their attention in April 2017 with a presentation by two Cornell graduate students,
Hannah Plummer and Andrew Varuzzo. That presentation focused on the pinchpoints of habitat connectivity in
the County. The current draft gives an overview of the topic, but also identifies specific actions that can be
taken to improve connectivity.
• A PAB member noted that agricultural land is not well represented in the plan.
• A PAB member asked if County had identified privately held land in connector spots, and if so, whether
staff had strategized on how to approach those landowners. He also suggested a few changes to the
language in the document.
Possible Initiatives for Natural Infrastructure Capital Program – Scott Doyle
Given that there was nothing substantial to report on the agenda item regarding NYSDEC’s forthcoming action
plan for Harmful Algal Blooms (HABs), Scott approached the members instead for feedback on two possible
pilot projects connected to the County’s Natural Infrastructure Capital Program.
As part of this program, the Department is looking at innovative ways to work on small-scale stormwater
management projects. To that end, two pilot projects with the County Highway Department are being
considered for this summer: the Dubois Road Ditch Improvement Project and the County Public Works Facility
Stormwater Improvement Project. The first addresses a need to reduce sediment from road ditches and could
benefit from State funding for HABs research as there are indicators that the blooms might be transferred via
sediment. The latter proposes constructing a small rain garden at the base of the Highway Department parking
lot on Bostwick Road as part of parking lot resurfacing.
Action: Sue Cosentini moved, and Susan Mann seconded, to endorse the Dubois Road Ditch Improvement
Project and the County Public Works Facility Stormwater Improvement Project. Motion carried.
Scott will bring the two demonstration projects to PDEQ next for consideration.
Cornell Summer Operations – Leslie Schill
Leslie Schill updated members on construction and other operational projects planned for Cornell’s campus
over the summer. As part of her talk, she shared a PowerPoint presentation that her department will be giving
to the university’s board of trustees. In addition, she provided a URL to Cornell’s Summer Projects Interactive
Web Tool (https://arcg.is/0r8qm0), which features Town and City of Ithaca projects located close to campus.
Here are a few items of note from her presentation:
• Work on the Martin Y. Tang Welcome Center at Noyes Lodge is nearing completion.
• East Avenue will be closed from Tower Road to Campus Road for a major utility update. When it re-
opens, there will be two full bus stops, broader concrete sidewalks, and a traffic light at East Avenue
and Campus Road. The left-hand turn lane at that intersection will also be removed.
• Mui Ho Fine Arts Library should be finished by summer’s end.
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• Maplewood is close to fully leased, with construction finished on the Mitchell Avenue side of the
project.
Announcements
The North Campus project is entering the municipal approval stage with sketch plan reviews at the Town and
City of Ithaca and Village of Cayuga Heights. SEQR documents will be submitted to all 3 municipalities in June,
and site plan review is scheduled for completion by end of summer.
Adjournment: Chair David Herrick declared the meeting adjourned at 10:30 am.
Municipal Guide to NYS General Municipal Law §239: Required
Planning, Zoning and Subdivision Referrals
DRAFT June 19, 2018
Tompkins County Department of Planning and Sustainability
121 East Court Street, Ithaca, NY 14850
607-274-5560, planning@tompkins-co.org
http://tompkinscountyny.gov/planning
GML §239 Review Guide
2018
1
Introduction
This 239 Review Guide, prepared by the Tompkins County Department of Planning and Sustainability, was
developed to provide clarity to the referral and review process required by New York State General Municipal
Law §239-l, m & n. This law, commonly referred to as GML §239, was established to encourage and coordinate
inter-community and county-wide planning and zoning decisions between local municipalities and county
planning officials.
This Guide consists of three sections. Section one provides an overview to the basic GML §239 legal
requirements of referral, review, and the types of projects for referral. Section two provides the guiding policy
documents and recommendations that are typically used by the Tompkins County Department of Planning and
Sustainability during the review process. Finally, section three addresses the process used by Tompkins County
to accept, review, and complete referrals.
GML §239 requires that cities, towns, and villages in Tompkins County refer particular development applications,
proposed zoning changes, and comprehensive plan adoption or amendments to the Tompkins County
Department of Planning and Sustainability (County Planning) for review, comment, and recommendation prior
to taking final action. The purpose of this law is to bring relevant inter-community and county-wide planning,
zoning, site plan and subdivision considerations to the attention of neighboring municipalities and agencies
having jurisdiction. This guide uses the terms “referring body” and “municipality” interchangeably throughout
the document.
Which Projects Require Review?
There are two criteria that must be met for projects to be subject to review. The first relates to the type of
proposed development/action and the second is linked to its geographical location.
Types of Projects: GML §239 states that the following proposed actions shall be subject to referral:
1. Adoption or amendment of a comprehensive plan;
2. Adoption or amendment of a zoning ordinance or local law;
3. Issuance of special use permits;
4. Approval of site plans;
5. Approval of subdivisions;1
6. Granting of use or area variances; or
7. Other authorizations which a referring body may issue under the provisions of any zoning ordinance or local
law.
Geographical Locations: GML §239 states that local projects must be referred only if they affect real property
within five hundred feet (500’) of any of the following 2,3:
1 GML §239-n states that the local board must refer applications for preliminary and/or final subdivision approval. Sketch plans are also
referable if the local board votes to approve them. Even if sketch plans are not required to be referred, County Planning encourages local
Boards to refer sketch plan applications so that we may offer comments early in the review process.
2 GML §239-n states that if any portion of the property meets one of the geographical locations then the project must be referred, even if
the developed portion of the property would not be within 500 feet.
Section One - General Municipal Law §239 Basics
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1. The boundary of any city, village or town;
2. The boundary of any existing or proposed county or state park or any other recreation area;
3. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or
highway;
4. The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which
the county has established channel lines;
5. The existing or proposed boundary of any county or state owned land on which a public building or
institution is situated; or
6. The boundary of a farm operation located in an agricultural district, as defined by article twenty-five-AA of
the agriculture and markets law, except this subparagraph shall not apply to the granting of area variances.
May a Municipality Modify the Types of Projects County Planning Reviews?
County Planning and any municipality may enter into an agreement to identify certain proposed actions that are
of local, rather than inter-community or county-wide concern, and are not subject to referral. County Planning
has such an agreement with many municipalities in Tompkins County. The standard intergovernmental
agreement used by Tompkins County is included in Appendix E.
What Constitutes a Complete Application (Full Statement)?
GML §239 requires that the municipality submit a “full statement” (or a complete application as required by
local regulations) for a proposed action before County Planning begins its review. This includes:
• All materials required by and submitted to the municipality as an application on a proposed action.
• A completed Environmental Assessment Form (EAF)4 and all other materials required by such municipality in
order to make its determination of significance pursuant to the State Environmental Quality Review Act
(SEQRA).
• For adoption or amendment of a zoning ordinance or local law: the complete text of the proposed
ordinance or local law as well as all existing provisions to be affected thereby, if any.
If it is discovered at any point during the County review process that any of the required information has not
been provided and that the referral does not comprise a complete application, County Planning will notify the
municipality that the submission is incomplete. Please note that GML §239 requires that any additional items
that the municipality receives as part of the application be forwarded to County Planning for review.
Please also note that County Planning does not review nor accept materials regarding any referral that are sent
from any other source than the municipality. All GML §239 Review communications flow directly between
County Planning and the municipality.
How Much Time Does County Planning Have to Conduct its Review?
After receiving a complete application, County Planning has 30 days 5, or longer if agreed upon by County
Planning and the municipality, to provide its recommendations to the municipality. If County Planning fails to
3County Planning has developed maps showing properties that are subject to GML §239 Review (Appendix C).
4 Each project should include the environmental assessment that summarizes the project information (SEQR Environmental Assessment
Form Part 1).
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provide its recommendations within the 30 days, or agreed upon time, the municipality may take final action on
the proposed action without input from the County. However, any County Planning recommendations received
after 30 days, or agreed time, but at least two business days prior to final action by the municipality, must be
considered as if the recommendations were received within 30 days.
What are Typical County Planning Responses?
County Planning typically makes one of four responses as part of its review process. Two of them require a
supermajority vote to override recommendations. In other words, if County Planning recommends that a
proposal be modified or disapproved, the municipality must either follow the recommendation, or override the
modification or disapproval with a majority plus one vote of the full municipal board. The municipality must
further state in its report of the final action the reasons for overriding County Planning’s recommendation.
In some cases, County Planning may include advisory comments for the municipality to consider during
deliberation.
What Does the Municipality Need to Do After County Review?
Within 30 days of final action, the municipality is required under GML §239 to inform County Planning about the
final action taken.
What Are the Legal Implications of GML §239?
Case law in New York State has shown that the failure of local municipalities to follow the referral requirements
of GML §239 may invalidate any final city, town or village decision in a development proposal. Thus, it is crucial
that local planning and zoning municipal staff, as well as the governing body, planning and zoning boards,
municipal attorneys and enforcement officers, be aware of the state law requirements.
5 Typically, County Planning spends less time than the allowed 30 days for review, however it sometimes requires the full 30 days. It is
helpful if referring bodies include in the submittal any key dates for project review, including public hearing dates, dates for agenda
packet distribution, etc.
1. Local Decision – No County Impact: County Planning has determined that the proposal will not create
significant inter-municipal or county-wide impacts and is primarily of local concern.
2. Approval: County Planning has determined that the proposal would result in meaningful progress towards
achieving officially-adopted County principles and policies and will not create significant negative inter-
municipal or county-wide impacts. A recommendation for approval is non-binding and no supermajority is
needed to override this recommendation.
3. Modification: County Planning has determined that the proposal does not adequately meet the guidelines
outlined in this 239 Review Guide or may otherwise create significant negative inter-municipal or county-
wide impacts. However, County Planning believes that these impacts could be addressed through
modification of the proposal. A recommendation for modification is binding and a supermajority is needed to
override this recommendation if the modifications are not made.
4. Disapproval: County Planning has determined that the proposal does not adequately meet the guidelines
outlined in this 239 Review Guide or may otherwise create significant negative inter-municipal or county-
wide impacts and that these impacts could not be addressed through a simple modification of the proposal.
A recommendation for disapproval is binding and a supermajority is needed to override this
recommendation.
4
Which Entities are Subject to GML §239?
All municipalities in Tompkins County are subject to the provisions of GML §239.
Section Two - County Review: Guiding Principles
The intended purpose of GML §239 is to bring pertinent inter-community and county-wide matters into
consideration in the review of planning, zoning, and development applications by individual municipalities. It is
the intention of this GML §239 guide that Tompkins County will be able to provide consistent, transparent
reviews of each project and law considered by each local municipality. This guide and its recommendations will
be reviewed and updated accordingly as new information is made available.
While conducting reviews, County Planning will consider the following items as defined in GML §239-l:
1. Compatibility of various land uses with one another;
2. Traffic generating characteristics of various land uses in relation to the effect of such traffic on other
land uses and to adequacy of existing and proposed roadways;
3. Impact on existing and proposed County or State uses;
4. Protection of community character as it relates to predominant land uses, population density and
the relation between residential and nonresidential areas;
5. Drainage and watershed;
6. Community facilities;
7. Official municipal and County development policies as may be expressed through comprehensive
plans, capital programs or regulatory measures; and
8. Such other matters as may relate to the public convenience, to governmental efficiency and to the
achieving and maintaining of a satisfactory community environment.
As needed, County Planning will work with various county, state, and federal agencies to analyze projects for
potential inter-community and county-wide impacts. Agencies that County Planning regularly work with include
the Tompkins County Environmental Health Division, the Tompkins County Highway Department, the Tompkins
County Department of Emergency Response and the New York State Department of Transportation.
Comprehensive Plan Principles and GML §239 Review
The Tompkins County Comprehensive Plan seeks to encourage management and preservation of our resources
to the equitable benefit of current and future generations. County Planning uses the principles and policies of
the Comprehensive Plan as the underlying basis for its review of development proposals.
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Key Guidelines Used to Review GML §239 Proposals 6
A) Common Topics: Recommendations to Modify or Disapprove a Project
Below are the main aspects of proposals that have historically been deemed to have potential negative inter-
community or county-wide impacts.
1. Wetlands: For projects that would disturb land within a State or Federal mapped wetland, County
Planning would likely recommend that the municipality require applicants to redesign the project so as not
to disturb the wetland or, if that is not possible, to document that the functions of the wetland were
considered and elaborate on how their proposal will not negatively impact those wetland functions. These
modifications are recommended to help preserve and protect water quality and other wetland functions.
State (DEC) and Federal (National Wetland Inventory) wetlands on a specific site in Tompkins County can be
mapped by using the Tompkins County Natural Resource Inventory.
2. Stream Buffers: For projects that would disturb land within 100’ (from edge of bank) of a perennial
stream, or 50’ (from stream centerline) of an intermittent stream 7, County Planning would review the
project’s potential impacts on water quality.
For communities that have not established stream buffer regulations that protect water quality, County
Planning would likely recommend that the municipality require applicants to redesign the project so as not
to disturb the 100’ or 50’ buffer and vegetate that buffer if it is not currently vegetated (Reference:
Enhancing Water Resources in Tompkins Co: Benefits of Riparian Areas & Stream Buffers).
In locations where communities rely on municipal storm sewer systems, County Planning would likely
recommend that the municipality require applicants to document how the project would impact water
quality and quantity through the use of that system. These modifications are recommended to help preserve
and protect water quality.
3. Floodplain Development: For projects that would disturb land within the 100-year floodplain, County
Planning would likely recommend that the municipality require applicants to eliminate the need for any
building or fill within the floodplain or, if that is not possible, to prepare a hydraulic analysis of the impact of
localized flooding both upstream and downstream of the project (Reference: Tompkins County Hazard
Mitigation Plan (2013)). These modifications are recommended to help reduce flood risk to property up and
downstream of the proposed site. 100-year floodplains on a specific site in Tompkins County can be mapped
by using the Tompkins County Natural Resource Inventory and selecting the “Flood Zones” layer.
4. Unique Natural Areas: For projects that would disturb land within a designated Unique Natural Area
(UNA), County Planning would likely recommend that the municipality require applicants to redesign the
project so as not to disturb the UNA or, if that is not possible, to document that the factors contributing to
the designation of the UNA were considered and elaborate on how their proposal will not negatively impact
6 This is not an exhaustive list of topic areas or the exact language that could be used in review of projects as each development proposal
requires its own unique review. County Planning will be guided by all of the Principles and Policies in the Tompkins County
Comprehensive Plan (2015), as well as current research on specific topic areas, as supported by County Planning’s topical plans and
strategies. The resources referenced throughout this section are available on the County Planning website.
7 Perennial and intermittent streams, and their recommended buffers, on a specific site in Tompkins County can be mapped using the
Tompkins County Natural Resource Inventory.
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the resource (Reference: Tompkins County Environment Management Council (EMC) Unique Natural Area
(UNA) Inventory). These modifications are recommended to help preserve and protect the distinct
properties of the UNAs. A countywide map of UNAs may be found here.8
5. Public Health: For projects with Onsite Wastewater Treatment Systems (OWTS), County Planning may
consult with the Tompkins County Health Department (Reference: OWTS (Sewage) Systems: Procedure for
Obtaining a Permit) to identify any regulatory issues. Should any issues be identified, County Planning would
likely recommend that the municipality condition its approval upon the applicant receiving appropriate
permits from the Tompkins County Health Department. These modifications are recommended to ensure
the protection of public health and safety and of water quality.
6. State/County Roads: For projects with curb cuts on any County or State road, County Planning would
likely consult with the Tompkins County Highway Department or the New York State Department of
Transportation to identify any concerns. Should any issues be identified, County Planning would likely
recommend that the municipality require applicants to redesign the project to address site-specific
concerns. These modifications are recommended to ensure protection of public health and safety and to
safeguard the functions of state and county highways.
7. Traffic Impacts: For projects expected to generate more than 1,000 trips per day based on traffic
generating estimates from the Institute of Transportation Engineers’ Trip Generation Manual, County
Planning would likely recommend that the municipality require applicants to conduct a Traffic Impact
Analysis. However, in places where there are existing traffic concerns County Planning may recommend a
traffic study for smaller projects. These modifications are recommended to ensure a safe and efficient
transportation network.
8. Sidewalk Access: For projects that are located in, or adjacent to, areas with a sidewalk network, County
Planning would likely recommend that the municipality require applicants to provide safe connections to the
sidewalk network. These modifications are recommended to help promote safe, healthy and active
communities.
9. Communication Towers: For communication tower projects, County Planning will consult with the
Tompkins County Department of Emergency Response (DOER) to ensure the proposed use will not conflict
with the County’s public safety communications system. Should conflicts be identified, County Planning
would likely recommend that the municipality require applicants to work with DOER to address any conflict.
These modifications are recommended to help ensure that public safety communications systems are
maintained.
10. Building Energy Use: For residential projects of greater than 10 units or for any non-residential project,
County Planning would likely recommend that the municipality require applicants to consider ways to
reduce energy demand and/or reduce the use of fossil fuels. For municipalities that have not established
their own process for addressing the energy impacts of proposed developments, the County would likely
recommend that the municipality require applicants to use the Tompkins County Energy Recommendations
for New Construction (2018) 9 to document that each of the energy items were considered and elaborate on
8 Background information on the UNA Inventory is available at the noted links; full details of UNAs are available in the full inventory
documents available for review at County Planning, municipal offices and local libraries.
9 See Appendix B. Note that the County has adopted these energy recommendations for use in its own SEQRA review process.
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why they chose to incorporate or not incorporate the recommendations. These modifications are
recommended to help reduce greenhouse gas emissions.
11. Large-Scale Renewable Energy Systems: For large-scale solar and wind energy systems, County
Planning has prepared the Tools to Promote and Regulate the Deployment of Renewable Energy Systems
(2017)10 to help promote the development of renewable energy sources in the County while addressing
their potential negative impacts. For municipalities that have not developed local renewable energy
regulations that address the most common impacts of renewable energy developments, the County would
review the proposal using the Tools document and would likely recommend that the municipality require
the applicant to conform to its recommendations. These modifications are recommended to help promote
development of local renewable energy systems while addressing concerns with quality-of-life issues related
to renewable energy development.
12. Distinctive Views: For residential projects of greater than 10 units, non-residential projects covering
more than 10,000 square feet of land, or projects taller than 50’ and that are located within the one-mile
viewshed of a Distinctive View, County Planning would review the project for potential impacts on that
Distinctive View. The Tompkins County Scenic Resources Inventory identified 25 Distinctive Views in the
County. Fourteen of the 25 Distinctive Views are of the area’s gorges, six include Cayuga Lake, and ten are
located in one of the four State Parks. Distinctive Views can be found in all of the towns: Caroline (2), Danby
(1), Dryden (1), Enfield (2), Ithaca (6), Lansing (2), Newfield (1), and Ulysses (3); in villages: Lansing (1) and
Cayuga Heights (1); and in the City of Ithaca (5).
For projects where County Planning thinks there may be an impact on one of these Distinctive Views, County
Planning would likely recommend that the municipality require applicants to prepare a visual impact
assessment that includes these specific views. These modifications are recommended to help preserve and
protect scenic resources. A map of Distinctive Views in the County may be found here.
13. Trails: For projects that include, or are adjacent to, trails identified as priorities for the county-wide trails
network (Black Diamond Trail, Ithaca-Dryden Trail, South Hill Recreation Way, Cayuga Waterfront Trail, and
Finger Lakes Trail) County Planning would likely recommend that the municipality require applicants to
adequately buffer and provide safe connections to these trails (Reference: Tompkins Priority Trails Strategy).
These modifications are recommended to help promote safe, healthy and active communities. A map of the
priority trails in the County may be found here.
B) Common Topics: Comments on a Project:
Below are the main aspects of proposals that have historically been deemed to be important to consider, but
not to rise to the level of having potential negative inter-community or county-wide impacts. These would be
expressed in the form of a comment in a GML §239 letter from County Planning.
1. Natural Features Focus Areas: For projects located in Natural Features Focus Areas (NFFA), County
Planning may comment that larger vegetated stream buffers be provided to help protect wildlife habitat or
corridors. (References: Tompkins County Conservation Plan – Parts I and II; Enhancing Water Resources in
Tompkins Co: Benefits of Riparian Areas & Stream Buffers).
10 See Appendix F.
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2. Scenic Byway: For projects located on the Cayuga Lake Scenic Byway (external link), County Planning may
comment on how a project could be improved to enhance the scenic characteristics of the Byway.
3. Noteworthy Views: For residential projects of greater than 10 units, non-residential projects covering
more than 10,000 square feet of land, or projects taller than 50’ and that are located within the one-mile
viewshed of a Noteworthy View as identified in the Tompkins County Scenic Resources Inventory, County
Planning may suggest that the applicant prepare a visual impact assessment that includes specific views. The
Tompkins County Scenic Resources Inventory identified 30 Noteworthy Views in the County. The majority of
Noteworthy Views are of Cayuga Lake or another of the County’s numerous scenic watercourses. These
views are found throughout the County, in the Towns of Ulysses (3), Enfield (2), Newfield (2), Danby (1),
Caroline (3), Dryden (4), Lansing (2), Ithaca (8), Village of Cayuga Heights (1), and the City of Ithaca (4).
4. Invasive Species: For projects that incorporate the use of an invasive species as noted on the Tompkins
County Environmental Management Council’s (EMC) Regional Invasive Species list, County Planning may
comment that the applicant’s use of that species could encourage the spread of invasive species in the
community and suggest that native species be used instead.
5. Outdoor Lighting: For projects including outdoor lighting, County Planning may comment that the
applicant’s lighting plans could result in adverse ecological impacts and may suggest alternate lighting
options. (Reference: EMC Indoor and Outdoor Lighting Resource (2017)11).
6. Outdoor Recreation: For proposed residential projects of greater than 30 units, County Planning may
comment that the applicants provide on-site recreational areas or, if the project is located within a quarter-
mile of a public park, playground, or other recreational resource, provide a connection to nearby
recreational trails or amenities in their project design.
7. Pedestrian Connections: For projects that would impact the continuity of pedestrian and bicycle
connections, County Planning may comment on the sufficiency of pedestrian/bicycle connections and
facilities to support the safe movement of people and maintain and improve the transportation network.
8. Transit Service: For residential projects of greater than 30 units, County Planning may comment that the
applicant coordinate with Tompkins Consolidated Area Transit (TCAT) to support the safe movement of
people and maintain and improve the transportation network.
Section Three - Application and Submittal Process
It is important for County Planning to provide an accessible and streamlined process for municipalities to
complete and submit referrals. This section outlines that process.
What is the Application Process?
County Planning has developed a “one stop online shop” for municipalities to upload and submit GML §239
referrals. Municipalities should use the online form to upload project information and supporting files on a
single-entry form. When the submission is received an automated confirmation email will be sent back to the
municipality indicating materials have been received and that the 30 day County review period has commenced.
11 Reference also included in Appendix F.
9
The materials submitted with the online submission form should include all of the project materials required by
your municipality for this to comply with the “full statement” requirement of GML §239. This includes all of the
SEQR documentation available at the time of project submission.
If at any time after submitting the original review materials new application materials are provided or changes
are made, those materials must be provided to County Planning for review and uploaded into the online system.
If a municipality requires assistance in submitting documents through the online system, please contact the
Tompkins County Department of Planning and Sustainability.
What is the process for submitting GML §239 Referrals?
What Information is Required?
The County’s Submission Form requires several different types of information:
• Municipal information, such as the name of the municipality and municipal contact information for the
project.
• Project proposal information, such as the project name, applicant name, tax parcel number, and dates
related to the review of the project.
• Project details, such as the type of action being taken and how the project qualifies for GML §239
review.
• Additional information, such as whether the site is served by public water and/or sewer, the number of
proposed housing units, the size of proposed buildings, and the presence of floodplains, wetlands,
streams, or UNAs on the project site.
The municipality uploads the development proposal and related materials directly via the website.
Finalizing the GML §239 Process
Within the 30-day review period, County Planning examines the project materials and determines if any
additional materials are required to evaluate if the proposed project may have a negative inter-community or
county-wide impacts. Often County Planning will contact the municipality to clarify aspects of the project. Once
Submit
Referral on
Website
*Is it a
"Full
Statement
"
YES 30 Day Review
Begins
County Requests
Full StatementNO
10
County Planning has completed its review, it will send a letter with its recommendations and comments to the
municipality.
GML §239 further requires that each municipality inform the County of its decision on the proposed project
including if County recommendations were incorporated into the decision. A resolution or follow up email
providing an overview of that decision are appropriate ways to provide that follow up.
Questions about the Process?
It is the intent of County Planning to update this guide on an annual basis or as needed in order to provide a
clear and streamlined process to address any questions or concerns about the referral application and submittal
process.
Please direct any comments or questions to:
Tompkins County Department of Planning and Sustainability
121 East Court Street,
Ithaca, NY 14850
607-274-5560
planning@tompkins-co.org
Appendices
Appendix A: Handout Suitable for Developers - 239 Review Guiding Principles
Appendix B: Tompkins County Energy Recommendations for New Construction (2018)
Appendix C: Properties Subject to County Planning Agency Review Under GML §239
Appendix D: New York State General Municipal Law §239-l, m & n
Appendix E: Standard Intergovernmental Agreement Template
Appendix F: Recently Developed Planning Documents
• Summary of Recommendations for the Deployment of Solar Energy Systems and Wind Energy
Systems (2017)
• Tompkins County Environmental Management Council (EMC)’s Recommendations for Indoor
and Outdoor Lighting (2017)
Appendix A: Handout Suitable for Developers ‐ 239 Review Guiding Principles
We have summarized the material from this Guide that we believe developers may find most useful.
Please feel free to share as you see fit.
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Key Guidelines Used by County Planning to Review GML §239 Proposals
The intended purpose of GML §239 is to bring pertinent inter‐community and county‐wide matters into
consideration in the review of planning, zoning, and development applications by individual
municipalities. It is the intention of this GML §239 guide that Tompkins County will be able to provide
consistent, transparent reviews of each project and law considered by each local municipality. This guide
and its recommendations will be reviewed and updated accordingly as new information is made
available.
While conducting reviews, County Planning will consider the following items as defined in GML §239‐l:
1. Compatibility of various land uses with one another;
2. Traffic generating characteristics of various land uses in relation to the effect of such traffic on
other land uses and to adequacy of existing and proposed roadways;
3. Impact on existing and proposed County or State uses;
4. Protection of community character as it relates to predominant land uses, population density
and the relation between residential and nonresidential areas;
5. Drainage and watershed;
6. Community facilities;
7. Official municipal and County development policies as may be expressed through
comprehensive plans, capital programs or regulatory measures; and
8. Such other matters as may relate to the public convenience, to governmental efficiency and to
the achieving and maintaining of a satisfactory community environment.
As needed, County Planning will work with various county, state, and federal agencies to analyze
projects for potential inter‐community and county‐wide impacts. Agencies that County Planning
regularly work with include the Tompkins County Environmental Health Division, the Tompkins County
Highway Department, the Tompkins County Department of Emergency Response and the New York
State Department of Transportation.
County Planning uses the principles and policies of the Comprehensive Plan as the underlying basis for
its review of development proposals. The Tompkins County Comprehensive Plan seeks to encourage
management and preservation of our resources to the equitable benefit of current and future
generations.
A) Common Topics: Recommendations to Modify or Disapprove a Project
Below are the main aspects of proposals that have historically been deemed to have potential negative
inter‐community or county‐wide impacts.
1. Wetlands: For projects that would disturb land within a State or Federal mapped wetland, County
Planning would likely recommend that the municipality require applicants to redesign the project so
as not to disturb the wetland or, if that is not possible, to document that the functions of the
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wetland were considered and elaborate on how their proposal will not negatively impact those
wetland functions. These modifications are recommended to help preserve and protect water
quality and other wetland functions. State (DEC) and Federal (National Wetland Inventory) wetlands
on a specific site in Tompkins County can be mapped by using the Tompkins County Natural
Resource Inventory.
2. Stream Buffers: For projects that would disturb land within 100’ (from edge of bank) of a
perennial stream, or 50’ (from stream centerline) of an intermittent stream1, County Planning would
review the project’s potential impacts on water quality.
For communities that have not established stream buffer regulations that protect water quality,
County Planning would likely recommend that the municipality require applicants to redesign the
project so as not to disturb the 100’ or 50’ buffer and vegetate that buffer if it is not currently
vegetated (Reference: Enhancing Water Resources in Tompkins Co: Benefits of Riparian Areas &
Stream Buffers).
In locations where communities rely on municipal storm sewer systems, County Planning would
likely recommend that the municipality require applicants to document how the project would
impact water quality and quantity through the use of that system. These modifications are
recommended to help preserve and protect water quality.
3. Floodplain Development: For projects that would disturb land within the 100‐year floodplain,
County Planning would likely recommend that the municipality require applicants to eliminate the
need for any building or fill within the floodplain or, if that is not possible, to prepare a hydraulic
analysis of the impact of localized flooding both upstream and downstream of the project
(Reference: Tompkins County Hazard Mitigation Plan (2013)). These modifications are
recommended to help reduce flood risk to property up and downstream of the proposed site. 100‐
year floodplains on a specific site in Tompkins County can be mapped by using the Tompkins County
Natural Resource Inventory and selecting the “Flood Zones” layer.
4. Unique Natural Areas: For projects that would disturb land within a designated Unique Natural
Area (UNA), County Planning would likely recommend that the municipality require applicants to
redesign the project so as not to disturb the UNA or, if that is not possible, to document that the
factors contributing to the designation of the UNA were considered and elaborate on how their
proposal will not negatively impact the resource (Reference: Tompkins County Environment
Management Council (EMC) Unique Natural Area (UNA) Inventory). These modifications are
recommended to help preserve and protect the distinct properties of the UNAs. A countywide map
of UNAs may be found here.2
5. Public Health: For projects with Onsite Wastewater Treatment Systems (OWTS), County Planning
may consult with the Tompkins County Health Department (Reference: OWTS (Sewage) Systems:
Procedure for Obtaining a Permit) to identify any regulatory issues. Should any issues be identified,
County Planning would likely recommend that the municipality co ndition its approval upon the
applicant receiving appropriate permits from the Tompkins County Health Department. These
1 Perennial and intermittent streams, and their recommended buffers, on a specific site in Tompkins County can be mapped
using the Tompkins County Natural Resource Inventory.
2 Background information on the UNA Inventory is available at the noted links; full details of UNAs are available in the full
inventory documents available for review at County Planning, municipal offices and local libraries.
3
modifications are recommended to ensure the protection of public health and safety and of water
quality.
6. State/County Roads: For projects with curb cuts on any County or State road, County Planning
would likely consult with the Tompkins County Highway Department or the New York State
Department of Transportation to identify any concerns. Should any issues be identified, County
Planning would likely recommend that the municipality require applicants to redesign the project to
address site‐specific concerns. These modifications are recommended to ensure protection of public
health and safety and to safeguard the functions of state and county highways.
7. Traffic Impacts: For projects expected to generate more than 1,000 trips per day based on traffic
generating estimates from the Institute of Transportation Engineers’ Trip Generation Manual,
County Planning would likely recommend that the municipality require applicants to conduct a
Traffic Impact Analysis. However, in places where there are existing traffic concerns County
Planning may recommend a traffic study for smaller projects. These modifications are
recommended to ensure a safe and efficient transportation network.
8. Sidewalk Access: For projects that are located in, or adjacent to, areas with a sidewalk network,
County Planning would likely recommend that the municipality require applicants to provide safe
connections to the sidewalk network. These modifications are recommended to help promote safe,
healthy and active communities.
9. Communication Towers: For communication tower projects, County Planning will consult with
the Tompkins County Department of Emergency Response (DOER) to ensure the proposed use will
not conflict with the County’s public safety communications system. Should conflicts be identified,
County Planning would likely recommend that the municipality require applicants to work with
DOER to address any conflict. These modifications are recommended to help ensure that public
safety communications systems are maintained.
10. Building Energy Use: For residential projects of greater than 10 units or for any non‐residential
project, County Planning would likely recommend that the municipality require applicants to
consider ways to reduce energy demand and/or reduce the use of fossil fuels. For municipalities that
have not established their own process for addressing the energy impacts of proposed
developments, the County would likely recommend that the municipality require applicants to use
the Tompkins County Energy Recommendations for New Construction (2018) to document that each
of the energy items were considered and elaborate on why they chose to incorporate or not
incorporate the recommendations. These modifications are recommended to help reduce
greenhouse gas emissions.
11. Large‐Scale Renewable Energy Systems: For large‐scale solar and wind energy systems,
County Planning has prepared the Tools to Promote and Regulate the Deployment of Renewable
Energy Systems (2017) to help promote the development of renewable energy sources in the County
while addressing their potential negative impacts. For municipalities that have not developed local
renewable energy regulations that address the most common impacts of renewable energy
developments, the County would review the proposal using the Tools document and would likely
recommend that the municipality require the applicant to conform to its recommendations. These
modifications are recommended to help promote development of local renewable energy systems
while addressing concerns with quality‐of‐life issues related to renewable energy development.
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12. Distinctive Views: For residential projects of greater than 10 units, non‐residential projects
covering more than 10,000 square feet of land, or projects taller than 50’ and that are located within
the one‐mile viewshed of a Distinctive View, County Planning would review the project for potential
impacts on that Distinctive View. The Tompkins County Scenic Resources Inventory identified 25
Distinctive Views in the County. Fourteen of the 25 Distinctive Views are of the area’s gorges, six
include Cayuga Lake, and ten are located in one of the four State Parks. Distinctive Views can be
found in all of the towns: Caroline (2), Danby (1), Dryden (1), Enfield (2), Ithaca (6), Lansing (2),
Newfield (1), and Ulysses (3); in villages: Lansing (1) and Cayuga Heights (1); and in the City of Ithaca
(5).
For projects where County Planning thinks there may be an impact on one of these Distinctive
Views, County Planning would likely recommend that the municipality require applicants to prepare
a visual impact assessment that includes these specific views. These modifications are
recommended to help preserve and protect scenic resources. A map of Distinctive Views in the
County may be found here.
13. Trails: For projects that include, or are adjacent to, trails identified as priorities for the county‐
wide trails network (Black Diamond Trail, Ithaca‐Dryden Trail, South Hill Recreation Way, Cayuga
Waterfront Trail, and Finger Lakes Trail) County Planning would likely recommend that the
municipality require applicants to adequately buffer and provide safe connections to these trails
(Reference: Tompkins Priority Trails Strategy). These modifications are recommended to help
promote safe, healthy and active communities. A map of the priority trails in the County may be
found here.
B) Common Topics: Comments on a Project:
Below are the main aspects of proposals that have historically been deemed to be important to
consider, but not to rise to the level of having potential negative inter‐community or county‐wide
impacts. These would be expressed in the form of a comment in a GML §239 letter from County
Planning.
1. Natural Features Focus Areas: For projects located in Natural Features Focus Areas (NFFA),
County Planning may comment that larger vegetated stream buffers be provided to help protect
wildlife habitat or corridors. (References: Tompkins County Conservation Plan – Parts I and II;
Enhancing Water Resources in Tompkins Co: Benefits of Riparian Areas & Stream Buffers).
2. Scenic Byway: For projects located on the Cayuga Lake Scenic Byway (external link), County
Planning may comment on how a project could be improved to enhance the scenic characteristics of
the Byway.
3. Noteworthy Views: For residential projects of greater than 10 units, non‐residential projects
covering more than 10,000 square feet of land, or projects taller than 50’ and that are located within
the one‐mile viewshed of a Noteworthy View as identified in the Tompkins County Scenic Resources
Inventory, County Planning may suggest that the applicant prepare a visual impact assessment that
includes specific views. The Tompkins County Scenic Resources Inventory identified 30 Noteworthy
Views in the County. The majority of Noteworthy Views are of Cayuga Lake or another of the
County’s numerous scenic watercourses. These views are found throughout the County, in the
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Towns of Ulysses (3), Enfield (2), Newfield (2), Danby (1), Caroline (3), Dryden (4), Lansing (2), Ithaca
(8), Village of Cayuga Heights (1), and the City of Ithaca (4).
4. Invasive Species: For projects that incorporate the use of an invasive species as noted on the
Tompkins County Environmental Management Council’s (EMC) Regional Invasive Species list, County
Planning may comment that the applicant’s use of that species could encourage the spread of
invasive species in the community and suggest that native species be used instead.
5. Outdoor Lighting: For projects including outdoor lighting, County Planning may comment that
the applicant’s lighting plans could result in adverse ecological impacts and may suggest alternate
lighting options. (Reference: EMC Indoor and Outdoor Lighting Resource (2017).
6. Outdoor Recreation: For proposed residential projects of greater than 30 units, County Planning
may comment that the applicants provide on‐site recreational areas or, if the project is located
within a quarter‐mile of a public park, playground, or other recreational resource, provide a
connection to nearby recreational trails or amenities in their project design.
7. Pedestrian Connections: For projects that would impact the continuity of pedestrian and
bicycle connections, County Planning may comment on the sufficiency of pedestrian/bicycle
connections and facilities to support the safe movement of people and maintain and improve the
transportation network.
8. Transit Service: For residential projects of greater than 30 units, County Planning may comment
that the applicant coordinate with Tompkins Consolidated Area Transit (TCAT) to support the safe
movement of people and maintain and improve the transportation network.
Appendix B: Tompkins County Energy Recommendations for New Construction (2018)
For more information contact the Tompkins County Department of Planning and Sustainability at 274-5560 or planning@tompkins-co.org
Tompkins County Energy Recommendations
for New Construction (2018)
The Tompkins County Energy Roadmap is intended to help inspire immediate action to reduce energy use
and transition to renewable energy as a way to help meet our County’s goal of reducing greenhouse gas
emissions by at least 80% compared to 2008 by 2050. Constructing buildings at higher energy efficiency
standards and incorporating renewable energy systems are essential to attaining that goal. For more
information on these recommendations, please see the Green Energy Incentives Assessment Project Final
Report (2016), http://www.tompkinscountyny.gov/planning/energy-greenhouse-gas#incentives
New Construction Projects
Applicants should address how they will support this goal, including documenting that they have
considered each of the following four energy elements.
1) ENERGY STAR® products include a wide range of equipment and appliances that are
independently certified to save energy without sacrificing features or functionality. Water saving
fixtures can reduce energy needed for hot water. Recommendations:
• Require that water fixtures meet EPA’s Water Sense requirements.
• Require that permanent appliances (apartment refrigerators, restaurant cooking equipment, etc.)
be ENERGY STAR rated.
2) Recent advances in heat pump design have reduced installation costs and made them more cost-
effective than electric resistance heat, propane, and oil, and close in life cycle costs to natural gas. Use
of electric heat pumps allows elimination of fossil fuels as they can be powered by renewable energy
sources such as solar photovoltaic. Recommendations:
• Utilize electrically-powered heat pump systems (ground- or air-source heat pumps); avoid boiler-
assisted heat pump systems, avoid systems that burn fossil fuels.
• Utilize air-source heat pump hot water heaters.
3) The state has a goal that 50% of NYS electricity will be generated by renewables (solar, wind,
hydropower, and biomass) by the year 2030. Recommendations:
• Design roofs to be “solar receptive”: Maximize area available for solar collection systems. For
pitched roofs, place roof-mounted components (plumbing vents, exhaust fans, etc.) on north-
facing roof surfaces, to keep south-facing surfaces available for solar collection systems. Orient
one roof surface to the south, plus/minus 30 degrees, to maximize potential for solar energy.
• Maximize solar collection systems on available roof areas, and consider using high-production
solar panels to maximize solar production for a given roof area, especially for medium-rise and
high -rise buildings.
4) Energy-efficient building design begins with the building envelope – the walls, windows,
foundations, and roof. Recommendations:
Tompkins County Energy Recommendations for New Construction (2018), cont.
Page 2 of 2
• Design to window-to-wall ratio less than 25% (the new energy code requires 30% or less). Keep
large windows on south-facing surfaces and important facades; minimize windows on north-
facing surfaces and in spaces that see low occupancy (stairwells, corridors, utility rooms, etc.).
• Avoid unusually complex building shapes.
• Use 20% more insulation R-value than required by the energy code.
• Use best practices for minimizing infiltration and stack effect, and require
inspection/commissioning of these elements: vestibules at entrance doors, air sealing around
window and door frames, sealing at exterior wall/floor junctions, and guarded blower door testing
of individual spaces or entire building floors.
Greater than 20 Units - New Construction Projects
In addition to the above, applicants should also document that they have considered each of the
following three additional energy elements.
5) Lighting controls and high-efficiency lighting technology (such as LED or induction) offer
significant benefits including greatly reduced energy use and cost, sophisticated controls, simplified
maintenance, and longer life. Recommendations:
• Perform lighting design on a space-by-space basis, using the space-by-space lighting power
density method (not the whole-building method). Use LED lighting where possible. Design to
lighting power density of 15% less than required by the energy code.
• Require occupancy sensors where possible, for both indoor and outdoor lighting. Require short
off-delay (1 minute or less), and commissioning of lighting controls.
6) High-efficiency heating and cooling systems may cost incrementally more than standard-efficiency
but have a positive payback over their useful life. Recommendations:
• Select high-efficiency heating and cooling plants with rated efficiencies at least 15% higher than
required by the NYS Energy Conservation Construction Code.
• Select high-efficiency domestic hot water (DHW) plants with rated efficiencies at least 15%
higher than required by the NYS Energy Conservation Construction Code.
• Avoid placing heating and cooling distribution systems in unheated spaces, such as attics,
basements, etc. Give preference to systems that have efficient distribution systems and low
distribution losses (for example, room-by-room fan coils).
• Use energy-recovery ventilation systems in air-conditioned buildings, and heat-recovery
ventilation systems in buildings that do not have air-conditioning. Design ventilation systems to
be separate from heating and cooling systems.
• Assess ductwork for heating, cooling and ventilation. If leakage is greater than 10%, seal chases
and shafts with aerosol duct-sealing process.
• Select heating/cooling systems that allow thermal zoning on a space-by-space basis.
7) Whole-building energy modeling can allow you to dramatically reduce energy costs, reduce carbon
emissions, and even reduce some construction costs. Recommendation:
• Employ whole-building energy modeling to optimize building energy performance.
Appendix C: Properties Subject to County Planning Agency Review Under GML §239
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Appendix D: New York State General Municipal Law §239‐l, m & n
GENERAL MUNICIPAL LAW
§ 239‐l. Coordination of certain municipal zoning and planning actions; legislative intent and policy.
1. Definitions. For the purposes of this section and sections two hundred thirty‐nine‐m and two hundred thirty‐
nine‐n of this article, the following terms shall apply:
a. "County planning agency" means a county planning board, commission or other agency authorized by
the county legislative body to review proposed actions referenced for inter‐community or county‐wide
considerations subject to the provisions of this section, and sections two hundred thirty‐nine‐m and two
hundred thirty‐nine‐n of this article.
b. "Regional planning council" means a regional planning board or agency established pursuant to the
provisions of this chapter.
2. Intent. The purposes of this section, sections two hundred thirty‐nine‐m and two hundred thirty‐nine‐n of this
article shall be to bring pertinent inter‐community and county‐wide planning, zoning, site plan and subdivision
considerations to the attention of neighboring municipalities and agencies having jurisdiction. Such review may
include inter‐community and county‐wide considerations in respect to the following:
a. compatibility of various land uses with one another;
b. traffic generating characteristics of various land uses in relation to the effect of such traffic on other
land uses and to the adequacy of existing and proposed thoroughfare facilities;
c. impact of proposed land uses on existing and proposed county or state institutional or other uses;
d. protection of community character as regards predominant land uses, population density, and the
relation between residential and nonresidential areas;
e. drainage;
f. community facilities;
g. official municipal and county development policies, as may be expressed through comprehensive
plans, capital programs or regulatory measures; and
h. such other matters as may relate to the public convenience, to governmental efficiency, and to the
achieving and maintaining of a satisfactory community environment.
3. Review considerations. In no way shall the review of inter‐community and county‐wide considerations
pursuant to the provisions of this section, or pursuant to sections two hundred thirty‐nine‐m and two hundred
thirty‐nine‐n of this article, preclude a county planning agency or a regional planning council from making
informal comments, or supplying such technical assistance as may be requested by a municipality.
§ 239‐m. Referral of certain proposed city, town and village planning and zoning actions to the county
planning agency or regional planning council; report thereon; final action.
1. Definitions. As used herein:
a. The term "proposed" as used in subparagraphs (ii) and (iii) of paragraph (b) of subdivision three of this
section shall be deemed to include only those recreation areas, parkways, thruways, expressways, roads
2
or highways which are shown on a county comprehensive plan adopted pursuant to section two
hundred thirty‐nine‐d of this article or adopted on an official map pursuant to section two hundred
thirty‐nine‐e of this article.
b. The term "referring body" shall mean the city, town or village body responsible for final action on
proposed actions subject to this section.
c. The term "full statement of such proposed action" shall mean all materials required by and submitted
to the referring body as an application on a proposed action, including a completed environmental
assessment form and all other materials required by such referring body in order to make its
determination of significance pursuant to the state environmental quality review act under article eight
of the environmental conservation law and its implementing regulations. When the proposed action
referred is the adoption or amendment of a zoning ordinance or local law, "full statement of such
proposed action" shall also include the complete text of the proposed ordinance or local law as well as
all existing provisions to be affected thereby, if any, if not already in the possession of the county
planning agency or regional planning council. Notwithstanding the foregoing provisions of this
paragraph, any referring body may agree with the county planning agency or regional planning council
as to what shall constitute a "full statement" for any or all of those proposed actions which said
referring body is authorized to act upon.
d. The term "receipt" shall mean delivery of a full statement of such proposed action, as defined in this
section, in accordance with the rules and regulations of the county planning agency or regional planning
council with respect to person, place and period of time for submission. In no event shall such rule or
regulation define delivery so as to require in hand delivery or delivery more than twelve calendar days
prior to the county planning agency's or regional planning council's meeting date. In the absence of any
such rules or regulations, "receipt" shall mean delivery in hand or by mail to the clerk of the county
planning agency or regional planning council. Where delivery is made in hand, the date of receipt shall
be the date of delivery. Where delivery is made by mail, the date as postmarked shall be the date of
delivery. The provisions of this section shall not preclude the rules and regulations of the county
planning agency or regional planning council from providing that the delivery may be a period greater
than twelve days provided the referring body and the county planning agency or regional planning
council agree in writing to such longer period.
2. Referral of proposed planning and zoning actions. In any city, town or village which is located in a county
which has a county planning agency, or, in the absence of a county planning agency, which is located within the
jurisdiction of a regional planning council duly created pursuant to the provisions of law, each referring body
shall, before taking final action on proposed actions included in subdivision three of this section, refer the same
to such county planning agency or regional planning council.
3. Proposed actions subject to referral.
a. The following proposed actions shall be subject to the referral requirements of this section, if they
apply to real property set forth in paragraph (b) of this subdivision:
i. adoption or amendment of a comprehensive plan pursuant to section two hundred seventy‐
two‐a of the town law, section 7‐722 of the village law or section twenty‐eight‐a of the general
city law;
ii. adoption or amendment of a zoning ordinance or local law;
iii. issuance of special use permits;
iv. approval of site plans;
3
v. granting of use or area variances;
vi. other authorizations which a referring body may issue under the provisions of any zoning
ordinance or local law.
b. The proposed actions set forth in paragraph (a) of this subdivision shall be subject to the referral
requirements of this section if they apply to real property within five hundred feet of the following:
i. the boundary of any city, village or town; or
ii. the boundary of any existing or proposed county or state park or any other recreation area; or
iii. the right‐of‐way of any existing or proposed county or state parkway, thruway, expressway,
road or highway; or
iv. the existing or proposed right‐of‐way of any stream or drainage channel owned by the county
or for which the county has established channel lines; or
v. the existing or proposed boundary of any county or state owned land on which a public
building or institution is situated; or
vi. the boundary of a farm operation located in an agricultural district, as defined by article
twenty‐five‐AA of the agriculture and markets law, except this subparagraph shall not apply to
the granting of area variances.
c. The county planning agency or regional planning council may enter into an agreement with the
referring body or other duly authorized body of a city, town or village to provide that certain proposed
actions set forth in this subdivision are of local, rather than inter‐community or county‐wide concern,
and are not subject to referral under this section.
4. County planning agency or regional planning council review of proposed actions; recommendation, report.
a. The county planning agency or regional planning council shall review any proposed action referred for
inter‐community or county‐wide considerations, including but not limited to those considerations
identified in section two hundred thirty‐nine‐l of this article. Such county planning agency or regional
planning council shall recommend approval, modification, or disapproval, of the proposed action, or
report that the proposed action has no significant county‐wide or inter‐community impact.
b. Such county planning agency or regional planning council, or an authorized agent of said agency or
council, shall have thirty days after receipt of a full statement of such proposed action, or such longer
period as may have been agreed upon by the county planning agency or regional planning council and
the referring body, to report its recommendations to the referring body, accompanied by a statement of
the reasons for such recommendations. If such county planning agency or regional planning council fails
to report within such period, the referring body may take final action on the proposed action without
such report. However, any county planning agency or regional planning council report received after
thirty days or such longer period as may have been agreed upon, but two or more days prior to final
action by the referring body, shall be subject to the provisions of subdivision five of this section.
5. Extraordinary vote upon recommendation of modification or disapproval. If such county planning agency or
regional planning council recommends modification or disapproval of a proposed action, the referring body shall
not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof.
4
6. Report of final action. Within thirty days after final action, the referring body shall file a report of the final
action it has taken with the county planning agency or regional planning council. A referring body which acts
contrary to a recommendation of modification or disapproval of a proposed action shall set forth the reasons for
the contrary action in such report.
§ 239‐n. Referral of certain proposed subdivision plats to the county planning agency or regional planning
council; report thereon; final action.
1. Definitions. As used herein:
a. The term "proposed" as used in subparagraphs (ii) and (iii) of paragraph (a) of subdivision three of this
section shall be deemed to include only those recreation areas, parkways, thruways, expressways, roads
or highways which are shown on a county comprehensive plan, adopted pursuant to subdivision seven
of section two hundred thirty‐nine‐d of this article, or shown on an official map adopted pursuant to
section two hundred thirty‐nine‐e of this article.
b. The term "undeveloped plat" shall mean those plats already filed in the office of the clerk of the
county in which such plat is located where twenty percent or more of the lots within the plat are
unimproved unless existing conditions, such as poor drainage, have prevented their development.
c. The term "referring body" shall mean the city, town or village body authorized by a municipal
legislative body to approve preliminary or final plats or to approve the development of undeveloped
plats and/or plats already filed in the office of the county clerk.
2. Referral of proposed plats. In any city, town or village which is located in a county which has a county
planning agency authorized by the county legislative body to review preliminary or final plats or to approve the
development of undeveloped plats, the clerk of the municipal planning agency, upon receipt of application for
preliminary and/or final approval of a subdivision plat or proposal to develop an undeveloped plat and/or plats
already filed in the office of the county clerk, shall refer certain of such plats to the county planning agency. In
the absence of a county planning agency, the county legislative body may authorize a regional planning council
whose geographic area includes the county, to perform the review functions prescribed herein.
3. Plats subject to referral.
a. The following applications for approval of preliminary or final plats and undeveloped plats shall be
subject to the referral requirements of this section, if the application applies to real property within five
hundred feet of the following:
i. the boundary of any city, village, or town; or
ii. the boundary of any existing or proposed county or state park or other recreation area; or
iii. the right‐of‐way of any existing or proposed county or state parkway, thruway, expressway,
road or highway; or
iv. the existing or proposed right‐of‐way of any stream or drainage channel owned by the county
or for which the county has established channel lines; or
v. the existing or proposed boundary of any county or state owned land on which a public
building or institution is situated; or
vi. the boundary of a farm operation located in an agricultural district, as defined by article
twenty‐five‐AA of the agriculture and markets law.
5
b. The county planning agency or regional planning council may enter into an agreement with the
referring body or other duly authorized body of a city, town or village to provide that certain proposed
plats are of local, rather than inter‐community or county‐wide concern, and are not subject to referral
under this section.
4. County planning agency or regional planning council review of proposed plats; recommendation, report.
a. The county planning agency or regional planning council, when authorized by the county legislative
body, shall review any referred plat for inter‐community or county‐wide considerations, including but
not limited to those considerations identified in section two hundred thirty‐nine‐l of this article. The
county planning agency or regional planning council may adopt such rules and regulations as are
necessary to perform such function. Such county planning agency or regional planning council shall
recommend approval, modification, or disapproval, of such plat, or report that such plat has no
significant county‐wide or inter‐community impact.
b. Such county planning agency or regional planning council, or an authorized agent of said agency or
council, shall have thirty days after receipt of a preliminary or final plat or proposal to develop an
undeveloped plat, or such longer period as may have been agreed upon by the county planning agency
or regional planning council and the referring body, to report its recommendations to the referring
body, accompanied by a statement of the reasons for such recommendations. If such county planning
agency or regional planning council fails to report within such period, the referring body may take final
action on the referred plat without such report. However, any county planning agency or regional
planning council report received after thirty days or such longer period as may have been agreed upon,
but two or more days prior to final action by the referring body, shall be subject to the provisions of
subdivision five of this section.
5. Extraordinary vote upon recommendation of modification or disapproval. If such county planning agency or
regional planning council recommends modification or disapproval of a referred plat, the referring body shall
not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof.
6. Report of final action. Within thirty days after final action, the referring body shall file a report of the final
action it has taken with the county planning agency or regional planning council. A referring body which acts
contrary to a recommendation of modification or disapproval of a proposed action shall set forth the reasons for
the contrary action in such report.
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Appendix E: Standard Inter‐governmental 239 Agreement Template
Inter‐governmental Agreement
Tompkins County Review of Local Zoning and Planning Actions
Under New York State General Municipal Law
I. This agreement is made this ____________ day of ___________, 2018 between the Tompkins
County Planning Department and the Municipality.
A. Authority and Purpose of State Law
The authority for county planning agency review of certain local planning and zoning actions
is provided in Article 12‐B, Section 239 (l, m & n) of New York State General Municipal Law
(GML). The purpose as stated in law is “to bring pertinent inter‐community and county‐
wide planning, zoning, site plan and subdivision considerations to the attention of
neighboring municipalities and agencies having jurisdiction.”
B. Current Practice in Tompkins County
The Tompkins County Charter gives responsibility for the implementation of this county
review to the Commissioner of Planning. All matters identified in GML Section 239 (m & n)
are currently subject to review.
C. Authority for Inter‐governmental Agreement
GML Section 239 (m) specifically authorizes the county planning agency to “enter into an
agreement with the referring body or other duly authorized body of a city, town or village to
provide that certain proposed actions set forth in this subdivision are of local, rather than
inter‐community or county‐wide concern, and are not subject to referral under this section.”
GML Section 239 (n) authorizes the same agreement with respect to subdivision plats.
II. Items to be Excluded from Review
Pursuant to the authority cited herein the parties to this agreement do hereby agree that the
following items are of local, rather than inter‐community or county‐wide, concern and are not
subject to referral to the Tompkins County Planning Department under New York State General
Municipal Law Article 12‐B Section 239 (l, m & n):
A. Lot frontage, width or depth variances for residential uses;
B. Lot area variances for additions to residential uses on existing non‐conforming lots;
C. Special Permits or Site Plan Reviews for permitted accessory uses and home occupations on
residential lots;
D. Residential subdivisions of fewer than 5 lots all of which comply with local zoning standards
and Tompkins County Sanitary Code requirements, and do not involve new local roads or
streets directly accessing a State or county road;
E. Yard setback variances not abutting County or State property, a State or County road right
of way, or a municipal boundary;
F. Site Plan Reviews or Special Permits for change of commercial use in an existing building not
involving any change in building footprint and with no change in vehicular access on a State
or County highway;
G. Sign variances exceeding local standards by 20% or less.
2
III. Execution, Termination and Modification
A. The undersigned parties attest that they have the authority to enter into this agreement.
This agreement shall become effective upon execution by both parties.
B. The agreement shall remain in effect unless terminated by 60 days advance written notice
by either party. Such notice shall be by certified mail to the Tompkins County Commissioner
of Planning or the authorized local municipal official, as appropriate.
C. The agreement may be modified by mutual agreement of the parties hereto.
By: ____________________________________ ______________________
Tompkins County Commissioner of Planning Date
____________________________________ ______________________
Planning Board Chair Date
Appendix F: Recently Developed Planning Documents
Resources are included as reference documents for local governments to use as they development laws.
Documents also include details from which Tompkins County will reference in advocating for impacts to
Tompkins County.
Summary of Recommendations for the Deployment of Solar Energy Systems and Wind Energy
Systems (2017)
Tompkins County Environmental Management Council (EMC)’s Recommendations for Indoor
and Outdoor Lighting (2017)
**See the notes section of this report for additional information about this recommendation.
Roof-Mounted and Building-Integrated Solar Energy Systems
Appropriate Locations. Roof-Mounted and Building-Integrated Solar Energy Systems should be
permitted as-of-right on all other permitted buildings and structures throughout the
community.
Height. Roof-Mounted and Building-Integrated Solar Energy Systems should be required to meet
the same height restrictions as any other building or structure. In other words, if located on
a principal building they should meet the height requirements of a principal building; if
located on an accessory building, they should meet the height requirements of an accessory
building.
**Historic Districts. Municipalities with historic districts should establish specific guidelines and
standards for building owners that wish to install solar energy systems. To the extent
possible, the requirements should not involve any additional review beyond that required of
any other alteration to an existing historic building.
Accessory Ground-Mounted Solar Energy Systems
Appropriate Locations. Accessory Ground-Mounted Solar Energy Systems should be permitted as-
of-right accessory uses throughout the community.
Height. Accessory Ground-Mounted Solar Energy Systems should be required to meet the same
height restrictions as any other accessory building or structure.
**Location on a Property. (a) Accessory Ground-Mounted Solar Energy Systems should be required
to meet the same setback requirements as any other accessory building or structure.
(b) In residential zoning districts, Accessory Ground-Mounted Solar Energy Systems
should be located in side or rear yards, to the extent practical.
Large-Scale Solar Energy Systems
Appropriate Locations. (a) Communities should conduct a thorough review of all their zoning
districts to determine in which Large-Scale Solar Energy Systems would be appropriate. As
a general rule of thumb, Industrial Zoning Districts and Agricultural Zoning Districts
would be appropriate, as would some Rural and Low-Density Residential Zoning Districts
and some Commercial Zoning Districts. Other Zoning Districts may also be suited for such
energy systems.
(b) Where the municipality’s comprehensive plan does not address renewable energy
systems, add language indicating the critical nature of these systems to our energy future
and identify the types of areas where they are appropriate.
Height. Large-Scale Solar Energy Systems should be required to meet the same height restrictions
as an accessory building or structure.
Recommendations
for Municipal Tools to Promote and Regulate the Deployment of
Solar Energy Systems
**See the notes section of this report for additional information about this recommendation.
Location on a Property. Large-Scale Solar Energy Systems should be required to meet the same
setbacks as any other principal building, but not be required to have more than 30 foot rear
or side setbacks.
Approval Process. Large-Scale Solar Energy Systems should be permitted either with a special use
permit or with a site plan review and a public hearing on proposals should be required.
**Decommissioning. There is no specific recommendation concerning decommissioning. Refer to
the NYSERDA Decommissioning Fact Sheet for guidance.
**Glare from Systems. When located where glare may be an issue for specific uses, communities
should require the preparation of a glare analysis for proposed Large-Scale Solar Energy
Systems.
**Stormwater Management. Unless located over an existing parking lot or other already-paved
area, a vegetative cover should be established and maintained underneath solar panels in
Large-Scale Solar Energy Systems. Management of that vegetative cover should be
reviewed as part of the local municipal review of the project. Natural hydrology should be
maintained to the maximum extent practical and stormwater management plans required
only when already required by a municipality’s stormwater management law or where
hydrology is being significantly modified.
Screening. Screening of Large-Scale Solar Energy Systems should only be required to address site-
specific conditions identified during local municipal review.
**Agricultural Resources. Large-Scale Solar Energy Systems should avoid large extents (10 acres
or more) of actively-farmed prime agricultural soils. Land underneath solar panels within
agricultural areas should be maintained as vegetative cover. For any proposed disturbance
of ten acres or more of prime agricultural soils, communities should consider the value of
requiring a soil reclamation plan and related financial guarantee of plan implementation.
**Natural Resources. (a) Large-Scale Solar Energy Systems should avoid Critical Environmental
Areas, Unique Natural Areas, slopes in excess of 15%, clearing extensive areas of forest,
and previously-identified distinctive viewsheds. Any systems located in these areas should
be required to take appropriate mitigation measures.
(b) NYS DEC regulated wetlands should be avoided. Development in federally-identified
wetlands should be avoided, but could be considered where wetland hydrological function
can be maintained and no endangered or threatened species would be impacted.
(c) Habitat loss, habitat fragmentation, and wildlife corridors should be reviewed for
potential impacts on a case-by-case basis.
**Water Quality. Large-Scale Solar Energy Systems should be prohibited within 100-foot buffers
of perennial streams and 50-foot buffers of intermittent streams.
Flood Hazard Areas. Large-Scale Solar Energy Systems, including any related fill, should be
prohibited within 100-year floodplains. Any incidental and unavoidable development within
the floodplain should be required to assess changes to flood levels, runoff quantity, and
velocity resulting from any structure, facility, or fill within a floodplain. No structure,
facility, or fill of any kind should be permitted within a floodway.
Recommendations: Solar Energy Systems, cont.
**See the notes section of this report for additional information about this recommendation.
Small-Scale Wind Energy Systems
Appropriate Locations. Small-Scale Wind Energy Systems consisting of a single turbine should be
a permitted as-of-right accessory use throughout the community.
**Setbacks. Setbacks for Small-Scale Wind Energy Systems from lot lines should be the total
height of the installation plus 10 feet, unless the affected adjoining property owner agrees
otherwise in writing. This setback should be measured from the center of the tower.
Location on a Property. In residential zoning districts, Small-Scale Wind Energy Systems should
be located in the side or rear yards, to the extent practical.
Height. Small-Scale Wind Energy Systems should be allowed to exceed otherwise-established
maximum height requirements.
Medium-Scale Wind Energy Systems
Appropriate Locations. Communities should conduct a thorough review of all their zoning districts
to determine in which Medium-Scale Wind Energy Systems would be appropriate. As a
general rule of thumb, Industrial Zoning Districts and Agricultural Zoning Districts would
be appropriate, as would some Rural Zoning Districts and some Commercial Zoning
Districts. Other Zoning Districts may also be suited for such energy systems.
(b) Where the municipality’s comprehensive plan does not address renewable energy
systems, add language indicating the critical nature of these systems to our energy future
and identify the types of areas where they are appropriate.
Approval Process. Medium-Scale Wind Energy Systems should be permitted through a site plan
review process in order to ensure that proposed installations comply with the standards
established by the community.
**Setbacks. (a) Setbacks for Medium-Scale Wind Energy Systems from lot lines should be 1.5
times the total height of the installation.
(b) Setbacks from neighboring residences, schools, churches, and libraries should be 2
times the total height of the installation, unless the affected adjoining property owner
agrees otherwise in writing.
Height. Medium-Scale Wind Energy Systems should be allowed to exceed otherwise-established
maximum height requirements.
**Natural Resources. Medium-Scale Wind Energy Systems should avoid Critical Environmental
Areas, Unique Natural Areas, slopes in excess of 15%, and clearing extensive areas of
forest. Any systems located in these areas should be required to take appropriate mitigation
measures.
**Scenic Resources. Medium-Scale Wind Energy Systems located in previously-identified
distinctive or noteworthy viewsheds should be required to prepare a visual impact analysis.
Recommendations
for Municipal Tools to Promote and Regulate the Deployment of
Wind Energy Systems
**See the notes section of this report for additional information about this recommendation.
Large-Scale Wind Energy Systems
Approval Process. Large-Scale Wind Energy Systems should be permitted either with a special use
permit or with a site plan review and a public hearing on proposals should be required.
**Setbacks. (a) Setbacks for Large-Scale Wind Energy Systems from lot lines should be 1.5 times
the total height of the installation.
(b) Setbacks from neighboring residences, schools, churches, and libraries should be 2 times
the total height of the installation, unless the affected adjoining property owner agrees
otherwise in writing.
Height. Large-Scale Wind Energy Systems should be allowed to exceed otherwise-established
maximum height requirements.
**Decommissioning. There is no specific recommendation concerning decommissioning. Refer to
the NYSERDA Decommissioning Fact Sheet for guidance.
**Stormwater Management. When stormwater management plans are required by the community
under existing stormwater management ordinances, the impacts of towers, roads, utility
lines, and all appurtenant facilities should be considered.
**Agricultural Resources. Proposals for Large-Scale Wind Energy Systems should be reviewed for
potential impacts on agricultural operations.
**Natural Resources. Large-Scale Wind Energy Systems should avoid Critical Environmental
Areas, Unique Natural Areas, slopes in excess of 15%, and clearing extensive areas of
forest. Any systems located in these areas should be required to take appropriate mitigation
measures.
**Water Quality. (a) Large-Scale Wind Energy Systems should be prohibited within 100-foot
buffers of perennial streams and 50-foot buffers of intermittent streams.
(b) Large-Scale Wind Energy Systems should be prohibited in wetlands.
**Scenic Resources. Large-Scale Wind Energy Systems located in previously-identified distinctive
or noteworthy viewsheds should be required to prepare a visual impact analysis.
**Wildlife. Habitat loss, habitat fragmentation, and impacts on migratory routes and Important
Bird Areas should be assessed on a case-by-case basis when proposals are reviewed by
municipal officials.
**Birds and Bats. Large-Scale Wind Energy Systems should be the subject of bird and bat studies
performed in accordance with NYSDEC guidelines.
**Shadow Flicker. Communities should require a preliminary (and, if indicated, a more
comprehensive) shadow flicker analysis for all proposed Large-Scale Wind Energy Systems.
If shadow flicker will occur for more than 30 hours per year on any one nearby residence or
facility, mitigation steps should be required.
**Ice Throw. No additional recommendations are provided for ice throw as the recommended
setbacks are designed, in part, to minimize the impact of ice throw.
**Noise and Vibration. Communities should either (a) establish the following noise standards to be
measured at neighboring residences, schools, churches, and libraries:
x a design goal of 40 dBA;
x a long-term average sound limit of 45 dBA; and
x a short-term (10-20 minute) maximum sound limit of 50 dBA; or
(b) if the community wishes to use setbacks instead of sound measurements to address
noise impacts, require that wind turbines be set back from residences, schools, churches
and libraries by at least 1,150 feet.
Recommendations: Wind Energy Systems, cont.
TTOOMPKINS COUNTY
EENVIRONMENTAL MANAGEMENT COUNCIL
121 East Court Street Ithaca, New York 14850
Telephone (607) 274-5560
http://www.tompkinscountyny.gov/emc
ENVIRONMENTAL ALERT
IMPORTANT RECOMMENDATIONS FOR INDOOR
AND OUTDOOR LIGHTING
Background
Over the last decade there have been both rapid advances in lighting technology and
converging lines of scientific inquiry documenting health and environmental issues with
“blue light”.1 Municipalities, businesses, schools, and individuals all need to be aware of
the implications of the lighting decisions they make.
Recent studies indicate that a substantial composition of blue light in the spectrum is
conducive to productive work for persons who work inside during the day, but
deleterious to human health at night, altering circadian rhythms necessary for a “good
night's sleep”.
Besides human-health impacts, blue light has been implicated in a wide range of
ecological impacts as well as increased “sky glow” at night. Minimizing blue light output
at night for human health reasons also decreases these additional deleterious impacts.
1 Picture the color spectrum of a rainbow. “Blue light” refers to short wavelength visible light in general,
and spans from a violet-blue to a green-blue visible color (~380 to ~500 nanometer wavelengths). In this
document, we refer to this color range simply as blue light.
Indoor lighting technology.We are moving away from the familiar warm yellow-orange
incandescent lights to light-emitting diodes (LEDs), which offer better efficiency and
economics over time and a wider range of spectrum and light intensity. Although
commercially available LEDs include some that are similar to incandescent bulbs, we
find ones termed “warm white,” “cool white,” and "daylight,” all of which have a higher
proportion of blue light emissions.
Outdoor lighting technology.For street lights, the old standard high-pressure sodium
bulbs with their orange-hued spectral output are in many cases being replaced with more
efficient bright-white LEDs, greatly increasing the municipality's blue light output at
night. (In 2016 Binghamton, NY, finished transition of its ~2000 orange-hued high-
pressure sodium street lights to bright-white LEDs.)
Personal electronic devices. Luminous computer screens, tablets, and smart phones also
emit blue wavelength light with potential health impacts. Many operating systems on
these devices now include software (or apps can be added) that can be set to limit the
devices’ blue light emissions at night. (As of 2017, the computers Ithaca public schools
provide to students for home use do not include such capabilities.)
Recommendations
Municipalities
1. Transition to LED street lights with low blue light emissions.Even street
lights with 3000K CCT 2 have increased blue light output compared with
existing high-pressure sodium street lights, which are ~2100K CCT. Ideally,
from a human health and ecological impact standpoint, street light conversion
to LED would involve the equivalent (or lower) blue light output as that from
high-pressure sodium (~2100K CCT) street lights. While street light
2 “CCT” stands for “Correlated Color Temperature” and uses the Kelvin temperature scale to roughly
indicate spectral content of whitish light. Lower CCT points toward warmer hues (yellowish, orangish)
with a lower percentage of blue light, while higher CCT points toward cooler hues (greenish, blueish) and
higher blue-light output.
manufacturers have been promoting 3000K+ CCT varieties, “amber” LED
street lights are available that have very low blue light output (<2000K CCT).
While these may be not be the most energy efficient LEDS on the market (i.e.
~3% less efficient), there is still a great energy & maintenance savings
compared with existing gas discharge or metal halide street lighting.
2. Avoid using metal halide fixtures for street lights or other outdoor lighting.
These are typically strong blue wavelength emitters and less efficient than
LEDs. (e.g., Ithaca Wal-Mart parking lot)
3. Consider incorporating Dark Sky
3 outdoor lighting standards into municipal
codes. This includes stipulating that no light be directly emitted horizontal or
above the horizontal plane of the light — in other words, all direct light
emission should be downward. Dark Sky standards currently call for all
outdoor lighting to be no higher than 3000K CCT. Yet 3000K CCT is
typically composed of substantial blue light. Municipalities should encourage
no greater than 2700K CCT for outdoor lighting, and lower if possible. 2700K
CCT is readily commercially available for about the same cost as higher CCT
lighting. Luminous intensity (brightness) is another metric that should be
stipulated in municipal codes and minimized to the extent possible.
4. Consider special outdoor light codes or actions that further reduce blue light
emissions for lighting in proximity to natural areas.
5. Schools should consider incorporating automatic night time blue light filters
into laptops provided to students for home use.
Residential and business lighting
1. Transition to LEDs with 2700K CCT or lower indoor and outdoor lighting at
night. Higher CCT lighting should be considered for indoor lighting during
the day to simulate the spectral characteristics of sunlight and help maximize
human productivity for businesses. Use Energy Star 4 rated LEDs that include
the “Lighting Facts” label.5
3 http://www.darksky.org
4 https://www.energystar.gov/
5 http://www.lightingfacts.com/
2. Municipalities may want to consider incentives for homeowners (and
businesses) to encourage transition to <2700 CCT outdoor lighting. These
could be as simple as a letter of thanks that includes a waterproof sticker to
apply at the doorway to a building.
3. Use software and apps for automatically minimizing blue light output from
computer monitors, tablets, and smart phones, etc. at night.
4. Do not use “bug zappers.” These lights have high ultraviolet (UV) and blue
light output, kill many useful insects, and attract insects from afar to the
vicinity of your residence.
5. Porch, deck, and front door lights with low UV and blue light emissions
minimize insect attraction and thereby lead to a more comfortable outdoor
experience for people.
Further reading
American Medical Association. 2016. CSAPH Report 2-A-16. Human and
Environmental Effects of Light Emitting Diode (LED) Community Lighting. American
Medical Association.
http://darksky.org/wp-content/uploads/bsk-pdf-manager/AMA_Report_2016_60.pdf
Christensen et al. 2016. Direct Measurements of Smartphone Screen-Time: Relationships
with Demographics and Sleep. PLoS One. 2016; 11(11): e016533 l.
http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0165331
Holzman D.C. 2010. What's in a color? The unique human health effect of blue light.
Environ Health Perspect [Internet]. 118(1):A22-7.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2831986/