HomeMy WebLinkAbout02-04-15 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, February 4, 2015, at 6:00
p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York.
Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 The J. Diann Sams Annual African-American History Month Recognition
Award – Resolution (resolution to be distributed under separate cover)
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
7.1 Announcement of the Availability of the 2015 Annual Disclosure Forms of
the Mayor and Common Council
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Request of Downtown Ithaca Alliance to Permit the Sampling and Sale of Bottled Wine, Hard
Cider, and Beer at the Great Downtown Ithaca Chili Cook-Off on the Commons – Resolution
City Administration Committee:
8.2 DPW - Approval of Urban Forestry Grant Round 12 – Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend City of Ithaca Municipal Code Chapter 325, Entitled “Zoning,”
related to the R-U Zoning District:
A. Declaration of Lead Agency – Resolution
B. Declaration of Environmental Significance – Resolution
C. Adoption of Ordinance
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240, Entitled “Noise,” in
Order to Incorporate Decibel Standards
10. CITY ADMINISTRATION COMMITTEE:
10.1 DPW - Amendment of Capital Project #769, Intersection Bulb-outs on West Green Street
and West Seneca Street at the Intersections with Plain Street and Corn Street – Resolution
10.2 DPW – Approval of Project Scope for Capital Project #802 Transportation
Alternatives Program - Resolution
10.3 City Controller’s Report
Common Council Meeting Agenda
February 4, 2015
Page 2
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to Disability Advisory Council – Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the
meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: January 29, 2015
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Request of Downtown Ithaca Alliance to Permit the Sampling and Sale of Bottled
Wine, Hard Cider, and Beer at the Great Downtown Ithaca Chili Cook-Off on the Commons –
Resolution
RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale and
sampling of New York State bottled wine, hard cider, and beer at booths during the Great
Downtown Ithaca Chili Cook-Off on February 14, 2015 on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries and breweries shall
comply with all applicable state and local laws and ordinances, and shall enter into an agreement
providing that it will hold the City harmless and indemnify the City on account of any claims made
as the result of the sampling and sale of bottled wine, hard cider, and beer on the Ithaca Commons,
and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery, cider company or
brewery shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop
Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance
to the City Clerk.
City Administration Committee:
8.2 DPW - Approval of Urban Forestry Grant Round 12 – Resolution
WHEREAS, The City of Ithaca is currently a “Tree City USA” and has been so designated for 26
consecutive years and the Growth Award for 17 years, largely due to its progressive urban forestry
program, and
WHEREAS, conflicts with overhead electric facilities is a major issue related to urban trees and the
City of Ithaca has a practice of no longer planting tall maturing trees under high voltage utility lines;
however, there is a legacy of street trees that have been severely pruned due to service reliability
and safety concerns related to overhead utility lines, and
WHEREAS, trees that have been pruned in this manner are not only unsightly, but this severe
pruning has negative impacts on the long-term health of the trees and often results in decay of tree
branches, making the trees a public hazard, and
WHEREAS, the city forester has identified many city trees that have experienced severe utility
pruning which has resulted in poor tree health and/or evidence of significant decay and are
scheduled for removal, and
WHEREAS, the city forester seeks to apply for a grant through the New York State Department of
Environmental Conservation that can provide matching funds to assist in the replacement of these
damaged trees with low growing species of trees, thus avoiding future conflicts with overhead
electric facilities, and
WHEREAS, revitalizing the urban forest through this program will provide neighborhoods with the
aesthetic and ecological benefits of street trees and avoid future safety issues, and
WHEREAS, the total cost for this project has been estimated by the city forester at $11,780; now,
therefore, be it
RESOLVED, That the City Forester is herby authorized to file an application for the 2013-2014
Urban Forestry Grant Round 12, contract #T305357, for 50% matching funds in the amount of
$5,450, and be it further
RESOLVED, That the matching funds needed for said grant will be satisfied with City staff time as
part of the 2015 Department of Public Works Budget, and be it further
RESOLVED, That Common Council authorizes the Mayor, upon review and advice of the City
Attorney, to enter into and execute a project agreement with New York State Department of
Environmental Conservation for such financial assistance to the City of Ithaca.
CITY OF ITHACA
245 Pier Rd., Ithaca, New York 14850
DEPARTMENT OF PUBLIC WORKS, STREETS & FACILITIES
Telephone: 607/272-1718 Fax: 607/272-4374
To: City Administration Committee
From: Jeanne Grace
Re: Resolution to accept DEC Urban Forestry Grant 2013-2014
The City of Ithaca has a progressive urban forestry program and a computerized tree
inventory which is used when selecting tree species for planting. We select low growing
trees to be planted under high voltage electric lines and tall maturing trees to be placed
in sites without overhead lines. However, we have been left with a legacy of large
maturing trees under especially low utility lines. Out of necessity to safely and reliably
maintain utility services some of these trees have been pruned beyond repair. Many
have begun to develop decay due to past improper and severe pruning and now
present a public hazard. The majority of these trees are Norway maples (Acer
platanoides) which respond particularly poorly to utility trimming, and these trees have
become a very sad sight, especially in winter when the silhouettes are most noticeable.
A grant proposal was submitted to NYS DEC Urban & Community Forestry Council
(U&CF) grant to fund the replacement of these damaged trees with low growing trees
that will not cause a future conflict with the utility lines. (see attached photos of
damaged trees). Also included will be Ash trees under high voltage lines. The
replacement of these trees is in line with the city’s Emerald Ash Borer management
plan. The residents of the City of Ithaca are very active and inquisitive about projects in
the community so, laminated signs have been created to be posted on the trees prior to
the tree removals describing the reason for the tree removal and the “right tree, right
site” concept (low growing trees under high voltage lines). We will be collaborating with
the NYSEG tree crews and Paul Paradine, the utility arborist for NYSEG.
The city was awarded the grant for this project. We now need to present a resolution
allowing the city to enter into an agreement accepting the grant. As with the past U&CF
grants this is a 50/50 matching funds grant. All matching funds will be satisfied with staff
time implementing and administering the grant. NYSEG crews will be assisting in some
of the tree removal work at no cost to the city (see attached letter). Attached is a draft
resolution for your consideration.
Please contact me if you have any questions.
Jeanne Grace
City Forester
“An Equal Opportunity Employer with a commitment to workforce diversification.”
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend City of Ithaca Municipal Code Chapter 325, Entitled “Zoning,”
related to the R-U Zoning District:
A. Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be
established for conducting environmental review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead
agency shall be that local agency which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review under
CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency
for the environmental review of the proposed amendments to the R-U Zoning District.
B. Declaration of Environmental Significance – Resolution
WHEREAS, The Common Council is considering a proposal to amend the R-U zoning district, and
WHEREAS, the appropriate environmental review has been conducted, including the preparation of
a Full Environmental Assessment Form (FEAF), dated November 19, 2014, and
WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental Quality Review
Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the
FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own
the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated
November 19, 2014, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the
proposed action at issue will not have a significant effect on the environment, and that further
environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that the City
Clerk is hereby directed to file a copy of the same, together with any attachments, in the City
Clerk’s Office, and forward the same to any other parties as required by law.
C. An Ordinance to Amend City of Ithaca Municipal Code Chapter 325, Entitled “Zoning,”
related to the R-U Zoning District
WHEREAS, in 2013, the City received a development proposal for a residential project located in
the Cornell Heights Historic District, and
WHERAS, the Ithaca Landmarks Preservation Commission (ILPC), in their review of the project,
found that the allowable development by the existing zoning largely conflicted with what the ILPC
would permit in order to protect the historic character of the District, and
WHEREAS, the Cornell Heights Historic District, unlike Ithaca’s other historic districts, was
developed as a planned “residence park”, with significant amounts of green space and informal
landscaping in the Romantic tradition intentionally retained around its expansive homes to create a
unique neighborhood identity, and
WHEREAS, this neighborhood is also designated as a low-density neighborhood in the City of
Ithaca’s forthcoming Comprehensive Plan, and
WHEREAS, in order to explore alternate zoning options that would better reflect the desired
development for this area, a working group was formed consisting of staff from the Planning,
Building, Zoning and Economic Development Department and members of the Common Council,
and
WHEREAS, prior to developing a zoning proposal, a walking tour of the neighborhood was held and
the working group also had meetings with the residents of the area, and
WHEREAS, the working group has identified amendments to the use and area requirements in the
R-U Zoning District that would allow for responsibly developing this area, while preserving the
original intent for the district and protecting the important qualities of this neighborhood, and
WHEREAS, in addition to the amendments that have been proposed to the R-U Zoning District,
residents have requested that the Common Council also explore options for offering additional
protections to the entire Cornell Heights Historic District,
WHEREAS, after circulating a concept memo that described the proposed changes to the R-U
zoning district, Historic Ithaca submitted a memo, dated November 6, 2014, containing concerns
and comments about the proposal and City staff evaluated the concerns and responded to all of the
points that were raised; now, therefore
ORDINANCE 2015-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Section 325-8 of the City of Ithaca Municipal Code, Entitled “District Regulations”, is
hereby amended to add the following language:
Section 325-8: District Regulations Chart, R-U Use District Permitted Primary Uses:
Properties that are less than 60,000 SF are permitted to have only one primary structure on
the lot. Properties greater than 60,000 SF may have two primary uses, if approved by Ithaca
Landmarks Preservation Commission (ILPC) and Planning and Development Board.
Properties with at least 90,000 SF can have as many as 3 primary uses if approved by ILPC
and Planning Board.
1. One-family detached, semi-detached, or attached dwelling.
2. Any use permitted in R-1 and R-2.
Permitted Uses 3-8 are restricted to 1 every 500 feet for new construction, measured from
the edge of the property line
3. Multiple dwelling.
4. Rooming or boardinghouse.
5. Cooperative household.
6. Fraternity, sorority or group house.
7. Dormitory.
8. Townhouse or garden apartment housing.
By Special Permit of Board of Appeals:
9. Uses 5-7 under R-1*
10. Nursery school, child day care center.
11. Bed and Breakfast Homes and Inns.
* Cemetery and Related Buildings, Public Utility Structures, except offices, All School
and Related Buildings
Minimum Lot Size (Area in Square Feet)
1. One-family detached dwelling: 10,000
2. One-family semi-detached or two-family dwelling: 15,000.
3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit.
4. Multiple dwelling: 16,500 for first 1-3 units plus1,500 for each additional unit.
5. Fraternity, sorority, or group house: 30,000 (was 25,000).
6. Other uses: 30,000 (was 10,000).
Width in Feet at Street Line
1. One-family detached dwelling: 75.
2. One-family semi-detached or two-family dwelling: 100.
3. One-family attached dwelling: 125.
4. Multiple dwelling: 125.
5. Fraternity, sorority or group house: 125.
6. Other uses: 125 (was 75).
Maximum Building Height
Number of Stories: 3 (was 4).
Height in Feet – 40.
Maximum Percent Lot Coverage by Buildings
Lot Coverage: 25% (was 30%)
50% of the developable lot area, after the required setbacks have been calculated, must be
retained as green space.
Yard Dimensions
Front Required Minimum – 25’
Side Minimum – 10’
Other Side Minimum – 10’
Rear Minimum – 50’ or at least 25%, but not less than 30’
Section 2. The City of Ithaca Planning and Development Board, the City Clerk and the Planning,
Building, Zoning and Economic Department shall amend the district regulations chart in accordance
with the amendments made herewith.
Section 3. Severability. Severability is intended throughout and within the provisions of this local
law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 4. Effective date. This ordinance shall take affect immediately and in accordance with law
upon publication of notices as provided in the Ithaca City Charter.
BACK-UP ITEM 9.1
Proposed Revisions to the R-U Zoning Ordinance
Comments Received and Staff Responses
January 6, 2015
1. The circulated proposal only addressed changes to the District Regulations Chart. Is the intent to
make changes as well to the text of the Zoning Ordinance itself (Chapter 325 of the City Code) - e.g.,
to define or explain new terms)?
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: Yes, enclosed is the proposed ordinance with the specified changes to the City
code.
2. Under the first section "Permitted Uses 3-8 are restricted to 1 every 500'" This phrasing seems
vague. Is it "1 every 500'" beginning at the property line? Is it measured from the road curb? From
another point? It seems that it needs more specific wording to avoid any legal confusion. The
proposed rule is not sufficiently protective of existing character and the goal of "low-density." It could
encourage the development of larger or consolidated multiple dwellings designed to maximize size
and lot coverage. A more protective approach would be to allow multiple dwellings (of any sort) only
by special permit.
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: The 500 foot required distance between any new construction of structures with
multiple dwelling units is measured from the edge of the property line where the
multi-dwelling unit structure is located. This measurement is specified in the
enclosed draft ordinance, as follows:
“Permitted Uses 3-8 are restricted to 1 every 500 feet for new construction,
measured from the edge of the property line”
3. Maximum Building Height: Height in Feet is stated as 40. Where does this measurement begin and
end? Is it from the lowest visible portion of the building to the topmost portion of the roof? Again,
some specific wording seems desirable.
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: The measurement of building heights is specified in the City Code in § 325-3.
Definitions and word usage, and reads as follows:
Chapter 325. ZONING- Article I. General Provisions
§ 325-3. Definitions and word usage
HEIGHT OF BUILDING
The vertical distance measured from
grade plane to the highest level of a flat or
mansard roof or to the average height
of a pitched, gabled, hip or gambrel roof,
excluding bulkheads, housing for
mechanical equipment, towers and
similar constructions not intended for
human occupancy or necessary
equipment carried above roof level. Where
a building contains sections of a roof of
varying heights, the height of that building shall be measured using that section of
the roof that has the highest elevation from grade plane. See the definition for
determining grade plane.
4. Maximum Percent Lot Coverage by Buildings "50% of the developable lot area, after the required
setbacks have been calculated, must be retained as green space." Again, how will this be defined?
Green space as interpreted to mean a lawn grass, treed area, planted area that is strictly unavailable
for any vehicle parking?
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: Green Space is a defined term in the City Code in § 325-3. Definitions and word
usage, and reads as follows:
Chapter 325. ZONING- Article I. General Provisions
§ 325-3. Definitions and word usage
GREEN SPACE
A portion of a lot that is set aside for public or private use without any construction
or parking areas. The space may be used for passive or active recreation, may be
reserved to protect natural areas, or may serve as a buffer between adjacent lots or
uses. The area may be naturally occurring or landscaped. Where a minimum green
space requirement applies, at least 75% of the required area shall be softscape
including trees, shrubs, natural plantings, garden areas, lawns, and other live
vegetative coverings. The remaining area may include pedestrian amenities such
as sidewalks or patios. Required green space must be permanently maintained in a
healthy growing condition at all times.
5. Yard Dimensions - this section does not specify width or length and needs to be expressed more
clearly.
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: The draft ordinance lists a minimum lot width at street front and also a minimum
lot size. For a multiple dwelling use the minimum street frontage is 125 feet and
the minimum lot size is 16,500 square feet. Therefore, if it were a regular shaped
property, the minimum length would be approximately 150 feet. However, we do
not specify minimum property lengths in any of our ordinances.
6. In the first page Summary of General Intent: Is the aim of the R-U zone still to provide a walkable
location for student housing development as part of maintaining the open space, park-like character,
and historic quality of the existing neighborhood?
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: The Cornell Heights Historic District, as listed in the whereas section of the
proposed ordinance, was developed as a planned “residence park,” with
significant amounts of green space and informal landscaping in the Romantic
tradition intentionally retained around its expansive homes to create a unique
neighborhood identity. The intent of the proposed ordinance is to preserve this
goal, by protecting the historic character, protecting the neighborhood from
additional high density development and keeping all future development at a
scale that is consistent with the neighborhood.
7. Maximum Lot Coverage: Suggest a "sliding scale" where maximum allowable coverage % decreases
as lot size increases (to limit the possibility of massive projects). "Developable lot area" needs to be
defined. What counts as "developable," what doesn't?
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: Developable area is referring to the portion of the property that can be
developed on once all required setbacks are removed.
8. General comment: If the City's intent truly is for Cornell Heights to be a "low density neighborhood,"
as proposed in the new Comprehensive Plan, allowing new multiple dwellings, as of right, would
appear to be inconsistent with this goal. Density can be gauged not just by the proximity of buildings,
but also by population and intensity of use.
(Comment received from Historic Ithaca –November 6, 2014 memo)
Staff Response: This district has been developed as a low density mixed residential district with
many existing multi-unit dwelling structures. If the City were to amend the
zoning to prohibit multi-dwelling unit structure, all of these existing structures
would become non conforming uses. This would require these properties to
obtain a variance in order to make any alterations to their existing structures in
the future. This is not the intent of the proposed amendments to the R-U
district. The intent is to maintain and protect the historic mixed residential
character of the district and to not increase the number of multi-dwelling unit
structures. The proposed ordinance specifies that any new construction of
multi-dwelling unit structures must be 500 feet away from any existing multi-
dwelling unit structure. Given the existing structures, this will not allow for
additional multi-dwelling units structures in this district unless existing
structures are removed.
BACK-UP ITEM 9.1
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in
an orderly manner, whether a project or action may be significant. The question of whether an action may be significant
is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable.
It is also understood that those who determine significance may have little or no formal knowledge of the environment
or may not be aware of the broader concerns affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a
project or action.
FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it
assists in a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially
large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the
impact is actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting
information, and considering both the magnitude and importance of each impact, it is reasonably determined by the
Lead Agency that:
A. The Proposed Action will not result in any large and important impact(s) and is one that will not have a
significant impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
B. Although the proposed action could have a significant impact on the environment, there will not be a
significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been
required; therefore, A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
C. The proposed action may result in one or more large and important impacts that may have a significant
impact on the environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
* a Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Proposed Amendments to R-U Zoning District
Name of Lead Agency: City of Ithaca
Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency: _________________
Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner
Signature of Preparer: _________________
Date: 11/19/14
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may
have a significant effect on the environment. Please complete the entire form, Parts A through E.
Answers to these questions will be considered as part of the application for approval and may be
subject to further verification and public review. Provide any additional information you believe will
be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be
dependent on information currently available and will not involve new studies, research, or
investigation. If information requiring such additional work is unavailable, so indicate and specify
each instance.
Name of Action: Amendments to the R-U zoning district
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St.
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different):
Address:
City/Town/Village: State: ZIP:
Business Phone:
Description of Action:
Amendments to the R-U Zoning District that are intended to allow for future development that
will preserve the open space, park-like character, and historic quality of the existing
neighborhood, including the following specific changes:
Properties that are less than 60,000 SF are permitted to have only one primary structure on
the lot. Properties greater than 60,000 SF may have two primary uses, if approved by ILPC
or Planning Board. Properties with at least 90,000 SF can have as many as 3 primary uses if
approved by ILPC or Planning Board.
New construction of certain multi-unit uses is restricted to 1 every 500’
The minimum lot size requirements for fraternities, sororities, group homes, and any other
uses not specifically listed is increased to 30,000 square feet.
The minimum required frontage for other uses not specifically listed is increased from 75 feet
to 125 feet.
The maximum allowable building height is reduced from 4 stories to 3 stories.
The maximum lot coverage by buildings is reduced from 30% to 25%. In addition, properties
are required to retain 50% of the developable lot area, after all setback requirements have
been calculated, as greenspace.
Please complete each question ― indicate N/A, if not applicable:
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: Urban Industrial Commercial Public Forest
Agricultural Other: Residential
2. Total area of project area: approximately 60 acres (Chosen units apply to following section also.)
Approximate Area (Units in question 2 apply to this section.) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested ~10 ~10
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law
(ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings, and other paved surfaces ~50 ~50
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Urban
3b. Soil Drainage N/A Well-Drained ______% of Site
Moderately Well-Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project
site? Yes No N/A
4b. What is depth of bedrock? N/A (feet)
4c. What is depth to the water table? N/A (feet)
5. Approximate percentage of proposed project
site with slopes:
0-10% 50% 10-15% 25%
15% or greater 25%
6a. Is project substantially contiguous to, or does
it contain a building, site or district, listed on
or eligible for the National or State Register
of Historic Places?
Yes No N/A
Cornell Heights Historic District
6b. Or designated a local landmark or in a local
landmark district?
Yes No N/A
Cornell Heights Historic District
7. Do hunting or fishing opportunities presently
exist in the project area? Yes No N/A If yes, identify each
species:
A. SITE DESCRIPTION (cont.)
8. Does project site contain any species of plant
or animal life that is identified as threatened
or endangered?
Yes No N/A
According to:
Identify each Species:
9. Are there any unique or unusual landforms
on the project site? (i.e., cliffs, other
geological formations)
Yes No N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open
space or recreation area?
Yes No N/A
If yes, explain:
11. Does the present site offer or include scenic
views known to be important to the
community?
Yes No N/A
Describe: Views across Fall Creek gorge
from Fall Creek Drive are of significant
importance to the neighborhood.
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes No N/A
Describe:
13. Streams within or contiguous to project area:a. Names of stream or name of river to which it is
a tributary: Fall Creek
14. Lakes, ponds, wetland areas within or
contiguous to project area: N/A
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of
solid or hazardous wastes? Yes No N/A
Describe:
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to
allow connection?
b. If Yes, will improvements be necessary to
allow connection?
Yes No N/A
Yes No N/A
Yes No N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: 60 acres
1b. Project acreage developed: 50 acres initially 50 acres ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) N/A or feet: N/A
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: N/A
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
B. PROJECT DESCRIPTION (cont.)
1h. Height of tallest proposed structure: feet. N/A
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A
2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from
the site: N/A or added to the site: N/A
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed
from the site:
acres: N/A type of vegetation: N/A
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction N/A months (including demolition)
7. If multi-phased project, anticipated period of construction N/A months (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase N/A month year (including
demolition)
7c. Approximate completion date of final phase N/A month year.
7d. Is phase one financially dependent on subsequent phases? Yes No N/A
8. Will blasting occur during construction? Yes No N/A; if yes, explain:
9. Number of jobs generated: during construction 0 after project is completed 0
10. Number of jobs eliminated by this project 0 Explain:
11. Will project require relocation of any projects or facilities? Yes No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A
12c. If surface disposal, where specifically will effluent be discharged? N/A
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or
decreased by proposal? Yes No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100
year flood plain? Yes No N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga
Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that
apply)
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands
as described in Article 24 Of the ECL? Yes No N/A
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
B. PROJECT DESCRIPTION (cont.)
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary
landfill?
Yes No N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No N/A; if yes, specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of
Historic Places or a local landmark or in a landmark district? Yes No N/A; if yes,
explain: The area to be rezoned is partially located within the Cornell Heights Historic
District; however, the rezoning should be more protective of the historic characteristic
of the area.
18. Will project produce odors? Yes No N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No N/A; After construction? Yes No N/A
20. Will project result in an increase of energy use? Yes No N/A; if yes, indicate type(s)
N/A
21. Total anticipated water usage per day: gals/day N/A Source of water
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? Yes No N/A; if yes,
indicate the decision required:
Zoning Amendment Zoning Variance New/revision of master plan
Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? R-U
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
Under current R-U zoning, maximum building size would be 40-feet in height.
4. Is proposed use consistent with present zoning? Yes No N/A
5. If #4 is no, indicate desired zoning: Amended R-U
6. If the site is developed by the proposed zoning, what is the maximum potential development
of the site?
The proposed amendments to the R-U Zoning District will reduce the maximum
allowable number of stories from 4 to 3. In addition, the maximum lot coverage is being
reduced from 30% to 25% and 50% of the developable portion of the lot must be
retained as greenspace.
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
Yes No N/A; If no, explain: The City currently in the process of amending its Comprehensive
plan. In the draft plan this area has been identified as low density neighborhood, which is consistent with
the proposed changes.
8. What is the dominant land use and zoning classification within a ¼-mile radius of the project?
(e.g., R-1a or R-1b) B-2a, I-1, P-1, R-2a, R-2b, R-3a, R-3b, R-U, and U-1
C. ZONING & PLANNING INFORMATION (cont.)
9. Is the proposed action compatible with adjacent land uses? Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? Minimum allowable lot size is as follows:
1. One-family detached dwelling: 10,000
2. One-family semi-detached or two-family dwelling: 15,000.
3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit.
4. Multiple dwelling: 16,500 for first 1-3 units +1,500 for each additional unit.
5. Fraternity, sorority, or group house: 30,000 SF (was 25,000 SF).
6. Other uses: 30,000 SF (was 10,000 SF).
11. Will the proposed action create a demand for any community-provided services? (recreation,
education, police, fire protection, etc.)? Yes No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No N/A
Explain: N/A
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes No N/A If yes, is the existing road network adequate to handle the additional
traffic?
Yes No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes No N/A; If Yes,
Specify:
2c. Local and Regional approvals:
Agency
Yes or No
Type of
Approval Required
Submittal
Date
Approval
Date
Common Council Yes Adoption
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC) No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA) No
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid
them.
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca (Jennifer Kusznir)
Signature: __________________________
Title: Economic Development Planner
City of Ithaca Full Environmental Assessment Form (FEAF)
PART 2 ― PROJECT IMPACTS & THEIR MAGNITUDES
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to
project site? Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project
Change?
Any construction on slopes of 15% or greater, (15 foot rise
per 100 foot of length), or where the general slope in the
project exceeds 10%.
Yes No
Construction on land where the depth to the water table is
less than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally
within 3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more
than 1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in a designated floodway. Yes No
Other impacts: existing development is in the 500 year flood
plain Yes No
2. Will there be an effect on any unique landforms found on the
site? (i.e., cliffs, gorges, geological formations, etc.) Yes
No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project
Change?
Specific land forms: Yes No
IMPACT ON WATER
3. Will project affect any water body designated as protected?
(Under article 15 or 24 of the Environmental Conservation Law, E.C.L.)
Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project
Change?
Developable area of site contains a protected water body Yes No
Dredging more than 100 cubic yards of material from channel
of a protected stream. Yes No
Extension of utility distribution facilities through a protected
water body. Yes No
Construction in a designated freshwater wetland. Yes No
Other impacts: Yes No
IMPACT ON WATER (cont.)
4. Will project affect any non-protected existing or new body
of water? Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project
Change?
A 10% increase or decrease in the surface area of any body
of water or more than a 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of a body of water
that exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake or the Cayuga Inlet? Yes No
Other impacts: Yes No
5. Will project affect surface or groundwater quality? Yes
No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be
Reduced by
Project
Change?
Project will require a discharge permit. Yes No
Project requires use of a source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a
public water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute.
Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Yes No
Proposed Action will require the storage of petroleum or
chemical products greater than 1,100 gallons.
Yes No
Other impacts: Yes No
6. Will project alter drainage flow, drainage patterns or
surface water runoff?
Yes No
Small to
Moderate
Impact
Potential
Large Impact
Can Impact be
Reduced by
Project
Change?
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts: Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No Small to Potential Can Impact be
IMPACT ON AIR
Moderate Impact Large ImpactReduced by
Project
Change?
Project will induce 500 or more vehicle trips in any
8-hour period per day. Yes No
Project will result in the incineration of more than
2.5 tons of refuse per 24-hour day. Yes No
Project emission rate of all contaminants will
exceed 5 lbs per hour or a heat source producing
more than 10 million BTUs per hour.
Yes No
Other impacts: Yes No
IMPACTS ON PLANTS & ANIMALS
8. Will project affect any threatened or endangered
species? Yes No
Small to
Moderate Impact
Potential
Large Impact
Can Impact be
Reduced by
Project
Change?
Reduction of any species listed on the New York
or Federal list, using the site, found over, on, or
near site.
Yes No
Removal of any portion of a critical or significant
wildlife habitat. Yes No
Application of pesticide or herbicide more than
twice a year other than for agricultural purposes. Yes No
Other impacts: Yes No
9. Will proposed action substantially affect non-
threatened or non-endangered species? Yes
No
Small to
Moderate Impact
Potential
Large Impact
Can Impact be
Reduced by
Project
Change?
Proposed action would substantially interfere with
any resident or migratory fish or wildlife species. Yes No
Proposed action requires the removal or more
than 1/2 acre of mature woods or other locally
important vegetation.
Yes No
Other impacts: Yes No
IMPACT ON AESTHETIC RESOURCES
10. Will the proposed action affect views, vistas or
the visual character of the neighborhood or
community?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed land uses, or proposed action
components obviously different from or in sharp Yes No
IMPACT ON AESTHETIC RESOURCES
contrast to current surrounding land use patterns,
whether man-made or natural.
Proposed land use, or proposed action
components visible to users of aesthetic resources
which will eliminate or significantly reduce their
enjoyment of aesthetic qualities of that resource.
Yes No
Proposed action will result in the elimination or
major screening of scenic views known to be
important to the area.
Yes No
Other impacts: Yes No
IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or
structure of historic, prehistoric or paleontological
importance?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project Change?
Proposed action occurring wholly or partially
within or contiguous to any facility or site listed on
or eligible for the National or State Register of
Historic Places.
Yes No
Any impact to an archaeological site or fossil bed
located within the project site. Yes No
Proposed action occurring wholly or partially
within or contiguous to any site designated as a
local landmark or in a landmark district.
Action is
more
protective of
historic district
Yes No
Other impacts: Yes No
IMPACT ON OPEN SPACE & RECREATION
12. Will the proposed action affect the quantity
or quality of existing or future open spaces or
recreational opportunities? Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by
Project
Change?
The permanent foreclosure of a future
recreational opportunity. Yes No
A major reduction of an open space important
to the community. Yes No
Other impacts: Yes No
IMPACT ON UNIQUE NATURAL AREAS & CRITICAL ENVIRONMENTAL AREAS
13. Will the proposed action impact the exceptional or unique characteristics of a site designated as a
unique natural area (UNA) or a critical environmental area (CEA)by a local or state agency? Yes
No
Proposed Action to locate within a UNA or CEA? Yes No
Proposed Action will result in a reduction in the quality of the resource Yes No
Proposed Action will impact the use, function or enjoyment of the resource Yes No
Other impacts: Yes No
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing
transportation systems? Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by
Project Change?
Alteration of present patterns of movement
of people and/or goods. Yes No
Proposed action will result in major traffic
problems. Yes No
Other impacts: Yes No
IMPACT ON ENERGY
15. Will proposed action affect the
community's sources of fuel or energy
supply? Yes No
Small to
Moderate
Impact
Potential Large Impact
Can Impact be
Reduced by
Project Change?
Proposed action causing greater than 5%
increase in any form of energy used in
municipality.
Yes No
Proposed action requiring the creation or
extension of an energy transmission or
supply system to serve more than 50
single or two family residences.
Yes No
Other impacts: Yes No
IMPACT ON NOISE & ODORS
16. Will there be objectionable odors, noise,
glare, vibration or electrical disturbance
during construction of or after completion of
this proposed action? Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be
Reduced by Project
Change?
Blasting within 1,500 feet of a hospital,
school, or other sensitive facility? Yes No
Odors will occur routinely (more than one
hour per day) Yes No
IMPACT ON NOISE & ODORS (cont.)
Proposed action will produce operating
noise exceeding the local ambient noise
levels for noise outside of structure.
Yes No
Proposed action will remove natural
barriers that would act as a noise screen. Yes No
Other impacts: Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and
safety?
Yes No
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact be Reduced
by Project Change?
Proposed action will cause a risk of explosion or
release of hazardous substances (i.e., oil,
pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there will be a
chronic low-level discharge or emission.
Yes No
Proposed action may result in the burial of
“hazardous wastes” in any form (i.e., toxic,
poisonous, highly reactive, radioactive, irritating,
infectious, etc.)
Yes No
Proposed action may result in the excavation or
other disturbance within 2,000 feet of a site used for
the disposal of solid or hazardous wastes.
Yes No
Proposed action will result in the handling or
disposal or hazardous wastes (i.e.,toxic, poisonous,
highly reactive, radioactive, irritating, infectious, etc.,
including wastes that are solid, semi-solid, liquid or
contain gases.)
Yes No
Storage facilities for 50,000 or more gallons of any
liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization or
the control of vegetation, insects or animal life on
the premises of any residential, commercial or
industrial property in excess of 30,000 square feet.
Yes No
Other impacts: Yes No
IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the
character of the existing community?
Yes No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
The population of the City in which the
proposed action is located is likely to
grow by more than 5% of resident
human population.
Yes No
IMPACT GROWTH & CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
The municipal budgets for capital
expenditures or operating services will
increase by more than 5% per year as a
result of this proposed action.
Yes No
Proposed action will conflict with
officially adopted plans or goals: Yes No
Proposed action will cause a change in
the density of land use. Yes No
The proposed action will replace or
eliminate existing facilities, structures,
or areas of historic importance to the
community.
Yes No
Development will create a demand for
additional community services (e.g.
schools, police, and fire, etc.
Yes No
Proposed action will set an important
precedent for future actions. Yes No
Proposed action will relocate 15 or
more employees in one or more
businesses.
Yes No
Other impacts: Yes No
19. Is there public controversy
concerning the proposed action? Yes
No
Small to
Moderate
Impact
Potential Large
Impact
Can Impact be Reduced by
Project Change?
Either government or citizens of
adjacent communities have expressed
opposition or rejected the proposed
action or have not been contacted.
Yes No
Objections to the proposed action from
within the community. Yes No
― If any action in Part 2 is identified as a potential large impact, or if you cannot
determine the magnitude of impact, proceed to Part 3. ―
City of Ithaca
Full Environmental Assessment Form (FEAF) — Part III
Proposed Revisions to the R-U Zoning District
November 19, 2014
PROPOSED ACTION:
The proposed action is to amend the R-U Zoning District to allow for future development
that will preserve the open space, park-like character, and historic quality of the existing
neighborhood. The following specific changes are proposed:
Properties that are less than 60,000 SF are permitted to have only one primary
structure on the lot. Properties greater than 60,000 SF may have two primary uses,
if approved by Ithaca Landmarks Preservation Commission (ILPC) or Planning
Board. Properties with at least 90,000 SF can have as many as 3 primary uses if
approved by ILPC or Planning Board.
New construction of certain multi-unit uses is restricted to 1 every 500 feet.
The minimum lot size requirements for fraternities, sororities, group homes, and any
other uses not specifically listed is increased to 30,000 SF.
The minimum required street frontage for other uses not specifically listed is
increased from 75 feet to 125 feet.
The maximum allowable building height is reduced from 4 stories to 3 stories.
The maximum lot coverage by buildings is reduced from 30% to 25%. In addition,
properties are required to retain 50% of the developable lot area, after all setback
requirements have been calculated, as greenspace.
ENVIRONMENTAL IMPACTS
Impact on Historic Resources—Small to Moderate Impact
The R-U Zoning District is located partially within the nationally and locally designated
Cornell Heights Historic District; however, the proposed amendments will offer some
additional protection to the historic character of this area.
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240,
Entitled “Noise,” in Order to Incorporate Decibel Standards
WHEREAS, the City’s noise ordinance has long contained a useful, subjective standard
for identifying unreasonable noise; and
WHEREAS, that subjective standard continues to be applicable to many of the noise
determinations made by the City; and
WHEREAS, certain other noise determinations have posed difficult determinations for
the City that could be better resolved under an objective decibel-based standard for
identifying unreasonable noise; and
WHEREAS, the City retained an outside consultant to assist in the drafting of a noise
ordinance which, as presented herein, retains the subjective standard and supplements
it with a subjective standard; and
WHEREAS, it is the intent of the Common Council that the subjective standard herein
be more commonly applied by the City, and in particular its police officers, in the first
instance, but that said officers may select to employ the objective standard herein in the
first or subsequent instance, as in their judgment appropriate to a particular situation;
now therefore
ORDINANCE 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that, despite the continuing
utility of the City’s subjective standard for identifying unreasonable noise, certain noise
determinations, and particularly those situations of an ongoing or repetitive nature, may
be better resolved under an objective decibel-based standard for identifying
unreasonable noise.
Section 2.: Chapter 240 of the City of Ithaca Municipal Code shall be amended to read
as follows:
§240-1 Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
§240-2 Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good
order by suppressing the making, creation or maintenance of excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and unnatural in their
time, place and use and which are detrimental to the environment. It is also the purpose
of this chapter to allow all residents of the City to coexist harmoniously in a manner
which is mutually respectful of the interests, rights and obligations of all persons.
§240-3 Definitions.
[Amended 9-1-2004 by Ord. No. 2004-14]
Unless the context otherwise clearly indicates, the words and phrases used in this
chapter are defined as follows:
ANSI
The American National Standards Institute or its successor bodies.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter
using the A-weighted network. The level so read is designated "dBA". All
references to "decibel" shall be presumed to mean "dBA" unless otherwise
specified.
COMMERCIAL USE PROPERTY
Any premises containing businesses where sales, offices, professional
services, or other commercial use is legally permitted.
CONTINUOUS SOUND
Any sound that is not impulse sound.
DAYTIME HOURS
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
dBA
The A-weighted sound level in decibels.
DECIBEL
A unit for measuring the volume of a sound, equal to the logarithm of the
ratio of the sound pressure of the sound to the sound pressure of a
standard sound (0.0002 microbar); abbreviated "dB."
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public
calamity or work necessary to protect persons or property from an imminent
exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second, and of high intensity,
with an abrupt onset and rapid decay.
INDUSTRIAL USE PROPERTY
Any premises engaged in the manufacturing, processing, production, or
shipping, of equipment or materials, including storage yards, shall be
considered industrial use, where legally permitted.
MOTOR VEHICLES
Includes but is not limited to automobiles, trucks, buses, mopeds,
minibikes and any other vehicles as defined by the Vehicle and Traffic Law
of the State of New York, as it may be amended from time to time.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of
activity (e.g., commercial and residential).
NIGHTTIME HOURS
The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the
following day.
PERSON
Includes the singular and plural and also any individual; any property owner
and/or lessee; any firm; a corporation; a political subdivision; a government
agency, including any agency of the City of Ithaca; an association or an
organization, including but not limited to officers, directors, employees, agents
and/or independent contractors thereof; or any legal entity whatsoever.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property; (b) the
vertical and horizontal boundaries of a dwelling unit that is part of a multi-
dwelling unit building; or (c) on a multi-use property as defined herein, the
vertical or horizontal boundaries between the two portions of the
properties on which different categories of activity are being performed.
RESIDENTIAL USE PROPERTY
Any property used for human habitation, unless habitation is a condition of
employment, including, but not limited to:
1. Private property used for human habitation;
2. Commercial living accommodations and commercial property
used for human habitation;
3. Recreational and entertainment property used for human
habitation;
4. Community service property used for human habitation.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, instrumental
music or any other sound. As used in this chapter, "sound-amplifying equipment"
shall not include warning devices on authorized emergency vehicles or horns or
other warning devices on any vehicle used only for traffic safety purposes or
authorized fire horns or other authorized emergency alarms.
SOUND-LEVEL METER
An instrument that conforms to ANSI S1.4-1983 or its successors.
SOUND SOURCE
Any person or thing from which sound is created.
UNREASONABLE NOISE
A level of sound that is injurious or annoying or disturbing to be heard.
§240-4 Unreasonable noise prohibited.
[Amended 8-4-2004 by Ord. No. 2004-12]
A. No person shall cause public inconvenience, annoyance or alarm or recklessly create
a risk thereof by making unreasonable noise or by causing unreasonable noise to be
made.
B. For the purpose of implementing and enforcing the standard set forth in
Subsection A of this section, "unreasonable noise" shall mean any sound created or
caused to be created by any person which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of the public or which causes injury to
animal life or damages to property or business. Factors to be considered in determining
whether unreasonable noise exists in a given situation include but are not limited to any
or all of the following:
(1) The intensity of the noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(4) The intensity of the background noise, if any.
(5) The proximity of the noise to sleeping facilities.
(6) The nature and the zoning district of the area within which the noise emanates and
of the area within 500 feet of the source of the sound.
(7) The time of the day or night the noise occurs.
(8) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) The volume of the noise.
(11) The existence of complaints concerning the noise from persons living or working in
different places or premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant to
§240-14 that will authorize particular sound sources.
D. "Person" defined. For the purposes of this section:
(1) For an offense that occurs on any public property where permission was obtained to
use that public property, a "person" shall include the person or persons who obtained
permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the permit.
§240-5 Purpose of article.
The provisions of this Article II complement and supplement the other provisions of this
chapter and shall be interpreted and applied in accordance with and in addition to and
not in lieu of those other provisions. The provisions of this article shall not be interpreted
to prevent the issuance of permits pursuant to §240-14 that will authorize particular
sound sources.
§240-6 Radios, television sets and similar sound-amplifying devices. Devices for
sound amplification, production and reproduction.
A. It shall be unlawful for any person anywhere in the City to use or to operate any radio
or receiving set, musical instrument, phonograph, television set, any other machine or
device for the producing or reproducing of sound or any other sound-amplifying
equipment in a loud, annoying or offensive manner such that noise from the device
interferes with the comfort, repose, health or safety or members of the public or
recklessly creates a risk thereof, within any building or, outside of a building, at a
distance of 25 feet or more from the source of such sound or interferes with the
conversation of members of the public who are 25 feet or more from the source of such
sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B. "Person" defined. For the purposes of this section:
[Added 8-4-2004 by Ord. No. 2004-12]
(1) For an offense that occurs on any public property where permission was obtained to
use that public property, a "person" shall include the person or persons who obtained
permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the permit.
§240-7 Parties and other social events.
A. It shall be unlawful for any person in charge of a party or other social event that
occurs on any private or public property to allow that party or event to produce noise in
a loud, annoying or offensive manner such that noise from the party interferes with the
comfort, repose, health or safety of members of the public within any building or, outside
of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from
the source of such sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B. For the purposes of this section, a "person in charge of a party or other social event":
[Amended 9-1-2004 by Ord. No. 2004-13]
(1) That occurs on any public property shall include the person or persons who obtained
permission to utilize that property for that event.
(2) That occurs on private property shall include the person who owns the premises
involved and any adult person who lives in or on the premises involved in such party or
social event.
(3) Shall include the person who is listed on a permit granted pursuant to Article III of
this chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on the
premises, the person to whom the keg is registered shall be presumed to be
responsible for the violation, in addition to any person designated in Subsection A or B
above.
§240-8 Maximum Permissible Sound Levels.
In addition to prohibitions set forth elsewhere in this chapter, the following
general prohibitions regarding sound levels shall apply in determining
unreasonable noise:
A. No person shall operate or cause to be operated any source of continuous
sound from any use occupancy in such a manner as to create a sound level
which exceeds the limits set forth in the receiving use occupancy category in
Table I, when measured at or within the real property line of the receiving
property.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS
BY RECEIVING LAND USE
dBA
Residential1
7:30 a.m. -
10:00 p.m.
Residential
10:00 p.m. –
7:30 a.m.
Commercial2
7:30 a.m. – 12 a.m.
Commercial
12am - 7:30
a.m.
Industrial
24 hours
OUTDOORS
60 50 65 55 75
INDOORS3
50 40 55 40
1. Property receptor located within an area that’s zoned residential.
2. Property receptor located within an area that’s zoned commercial,
including but not limited to those zones designated CBD, Waterfront, B,
WDEZ, and MU (Collegetown Mixed-Use District).
3. The indoor permissible sound level limits will only apply if the sound
source is on or within the same property as the receiving property, as in
the case of a multi-dwelling unit building or a multi-use property (e.g.,
sound generated within a commercial unit of a multi-use property building
and received within a residential unit of the same building). In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, floor or
ceiling.
(2) Impulsive Sound:
No person shall make, cause, allow or permit the operation of any impulsive
source of sound within any and all property in the city which has a maximum
sound pressure level in excess of eighty (80) dBA, when measured at or within
the real property line of the receiver. If an impulsive sound is the result of the
normal operation of an industrial or commercial facility and occurs more
frequently than four (4) times in any hour the levels set forth in Table I shall apply.
§240-9 Other Prohibited Acts
A. Unamplified human voice.
(1) No person shall make, continue, or cause to be made or continued, any
unreasonable noise by use of the unamplified human voice. The unamplified
human voice engaged at conversational levels shall be exempt from this
provision if such sound is not plainly audible beyond 100 feet or does not infringe
on the legitimate rights of others. Raised vocal effort, such as shouting, yelling or
screaming, with intent to cause public inconvenience, annoyance or alarm or
recklessly causing a risk thereof or that serves no legitimate purpose, when
audible at distances greater than 100 feet, is prima facie evidence of a violation of
this provision. This shall not apply to spontaneous utterances such as laughter,
exclamations of warning, or sporting events.
(2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within
any area of the City zoned for residential uses, including all R and CR zones. The
provisions of this section shall not be construed to prohibit the selling by outcry of
merchandise, food and beverages at licensed sporting events, parades, fairs, circuses
and other similar licensed public entertainment events.
§240-9 B. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle,
construction equipment or other equipment, pump, fan, air-conditioning apparatus or
similar mechanical device or to engage in any commercial or industrial activity in any
manner so as to create unreasonable noise as defined in §240-4 of this chapter. In
making such determination with respect to the matters governed by this section,
additional factors to be considered shall include:
A. (1) The necessity of the work being done.
B. (2) The ability of the creator of the noise to minimize or reduce the amount of noise
created or to otherwise minimize its adverse effects.
§240-10 C. Construction during nighttime hours.
A. (1) Except for the purposes specified in Subsection B hereunder, during nighttime
hours it shall be unlawful for any person within a residential zone or within 500 feet of a
residential zone to operate construction equipment (including but not limited to any pile
driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform
any outside construction or repair work so as to create noise. Any designated official of
the City of Ithaca shall give a verbal warning that the violation exists and of the penalties
that may result if the violation continues.
B. (2) This section shall not be deemed to prohibit:
(1) a. Work of an emergency nature.
(2) b. Work of a domestic nature on buildings, structures or projects being undertaken
by a person(s) residing in such premises; provided that, if any domestic power tool,
including but not limited to mechanically powered saws, sanders, grinders and lawn and
garden tools used outdoors, is operated during the nighttime hours, no person shall
operate such machinery so as to cause noise within a residential building or across a
residential real property boundary where such noise interferes with the comfort, repose,
health or safety of members of the public within any building or, outside of a building, at
25 feet or more from the source of the sound.
§240-10. Motor Vehicles
A. No person shall remove or render inoperative, or cause to be removed or
rendered inoperative or less effective than originally equipped, other than for the
purposes of maintenance, repair, or replacement, of any device or element of
design incorporated in any motor vehicle for the purpose of noise control. No
person shall operate a motor vehicle or motorcycle which has been so modified.
A vehicle not meeting these requirements shall be deemed in violation of this
provision if it is operated stationary or in motion in any public space or public
right-of-way.
B. No motorcycle shall be operated stationary or in motion unless it has a muffler
that complies with and is labeled in accordance with the Federal Noise
Regulations under 40 CFR Part 205.
C No person shall operate any motor vehicle with an engine braking device
engaged which does not have a muffler in good working order.
D. Personal or commercial vehicular music amplification or reproduction equipment
shall not be operated in such a manner that it is plainly audible at distance of 25
feet in any direction from the vehicle between the hours of 10:00 p.m. and 7:30
a.m.
E. Personal or commercial vehicular music amplification or reproduction equipment
shall not be operated in such a manner that is plainly audible at a distance of 50
feet in any direction from the operator between the hours of 7:30 a.m. and 10:00
p.m.
§240-11 Applicability of section.
Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to §240-4.
§ 240-12Continuing noise.
It shall be unlawful for any person to make or continue or cause to be made or
continued any loud, unnecessary or unusual noise or sound which shall exceed the
permitted noise levels specified in this chapter. Any designated official of the City of
Ithaca may issue a verbal warning that the violation exists and of the penalties that may
ensue.
§240-12Horns and alarms. Exceptions
This chapter shall not apply to fire horns or other alarms authorized by the Fire
Department or Police Department and operated in accord with that authorization.
The provisions of this chapter shall not apply to:
A. Sound and vibration emitted for the purpose of alerting people in an emergency or in
the performance of the response to an emergency.
B. Sounds connected with any authorized carnival, fair, exhibition, parade or
community celebration or from any municipally sponsored celebration, event,
activity or individually sponsored event where a permit or other relevant
permission has been obtained from the City.
C. The operation or use of any bell, chimes, or other instrument from any church,
synagogue, temple, mosque or school licensed or chartered by the State of New
York, provided such operation or use does not occur during nighttime hours.
D. Sounds created by any government agency by the use of public warning devices.
E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on
weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they
produce less than 75 dBA at or within any real property line of a receiving residential
property.
F. Noise from snow blowers, snow throwers, and snow plows when operated with a
muffler for the purpose of snow removal.
G. Noise from an exterior burglar alarm of any building or motor vehicle provided such
burglar alarm shall terminate its operation within five (5) minutes after it has been
activated.
H. Sounds created by any governmental agency or railroad agency by the use of
public warning devices or created by public utilities in carrying out the normal
operations of their franchises.
§240-1314 Permit procedures for certain activities events of a temporary duration.
[Amended -1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06]
Except as provided for in §157-8of the City Code regarding the Ithaca Commons:
A. Where a sound source exists, is planned, installed or intended to be installed or
modified by any person in a manner that such source will create or is likely to create
unreasonable noise or otherwise fail to comply with the provisions of this chapter, such
person must secure a permit pursuant to Subsection D of this section.
B. Where any person uses or plans to use any sound-amplifying equipment in such a
way that such equipment is or will be heard outside of any building or vehicle between
10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit
pursuant to Subsection D of this section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit pursuant to Subsection
D of this section.
D. Applications shall be submitted at least 72 hours in advance of an event. The
application for the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or
necessary that the sound source involved be authorized by a permit pursuant to this
section.
(2) Plans and specifications of the use.
(3) Noise-abatement and -control methods to be used with respect to the sound source
involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity complies
with any permit issued for it pursuant to this section.
(6) If required by the party issuing the permit, proof that notification of the application for
the permit has been given to each person reasonably expected to be affected by the
noise, the content of such notification and the manner in which such notification has
been given, if the event is not a community-wide or public event. The notification shall
state that any person objecting to the granting of such permit may contact the
appropriate city department to which the application is being made to express his/her
opposition to the granting of the permit.
E. The application shall be made to the Superintendent of Public Works, or his/her
designee, in connection with construction work on public rights-of-way or in parks; to the
Director of Planning and Development, or his/her designee, for all other construction
projects; and for others to the Mayor or his/her designee. The issuance of permits shall
be discretionary, and a permit shall be issued only where the responsible official
determines that such permit is reasonable and necessary and will allow an activity that
is consistent with the general purposes of this chapter, as stated in §240-2. When
determining if a permit should be issued, factors the official shall consider shall include
but are not limited to the volume of the noise, the proximity of the noise to sleeping
facilities, the time of the day or night the noise occurs, the time duration of the noise,
and the impact of the noise on persons living or working in different places or premises
who are affected by the noise. Any permit granted shall state that the permit only
applies to this chapter, and that §240.20, Subdivision 2, of the Penal Law of the State of
New York, Disorderly Conduct, provides that “a person is guilty of disorderly conduct
when, with intent to cause public inconvenience, annoyance or alarm or recklessly
creating a risk thereof: . . . he makes unreasonable noise."
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
F. In order to further the purposes of this chapter and to facilitate its implementation and
enforcement, the Superintendent of Public Works, the Director of Planning and
Development and the Mayor, or their designees, shall have authority to impose such
conditions as they determine are reasonable and necessary on permits they issue
pursuant to this section. Such conditions may govern factors which include but are not
limited to the time and location the involved sound source may be utilized.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
G. The Superintendent of Public Works, the Director of Planning and Development and
the Mayor or their designees shall provide the Chief of Police with a copy of any permit
issued pursuant to this section.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
§240-14 Variances
The Mayor or his/her designee may grant for a sustained duration an individual
variance from the limitations prescribed in this article whenever it is found, after a
noticed public hearing before the Mayor, or his/her designee the Planning and
Economic Development committee of Common Council and upon presentation of
adequate proof, that compliance with any part of this article will impose an undue
economic burden upon any lawful business, occupation or activity, and that the
granting of the variance will not result in a condition injurious to health or safety.
Any variance, or renewal thereof, shall be granted within the following limitations:
1. If the variance is granted on the grounds that compliance with the
particular requirement or requirements will necessitate the taking of
measures which, because of their extent or cost, must be spread over a
considerable period of time, it shall be for a period not to exceed such
reasonable time as, in the view of the Mayor or his/her designee, is
requisite for taking of the necessary measures. A variance granted on
the ground specified in this division shall contain a timetable for taking
of action in an expeditious manner and shall be conditioned on
adherence to the timetable; or
2. If the variance is granted on the ground that it is justified to relieve or
prevent hardship of a kind other than that provided for in division (1), it
shall be for not more than one year.
B. Any person seeking a variance shall file a petition for variance and a $50 filing
fee with the Mayor or his/her designee. The Mayor or his/her designee shall
thereafter conduct a noticed public hearing in accordance with this section at
a regularly scheduled meeting of the Planning and Economic Development
committee of Common Council, accept documentary and testimonial evidence in
accordance with accepted administrative hearing procedures, and make a final
decision regarding the granting of the variance.
C. Written notice of the public hearing, the time and place of which shall be set
by the Mayor or his/her designee, shall be mailed by the petitioner at least 10
days prior to the hearing, with proof of mailing provided to the Mayor at least 8
days prior to the hearing, to:
1. the owners as shown by the records of the County Assessor of lots
comprising the site of the variance and lots within 200 feet, excluding
public right-of-way, of the site of the variance;
2. any neighborhood association if the site of the variance is within the
neighborhood association’s boundaries or within 200 feet of the
neighborhood association’s boundaries, excluding public right-of way.
3. any other person or entity that has filed with the Mayor a request to
receive a notice of the variance proceeding.
D. The notice of hearing shall set forth the name and address of the petitioner,
the location of the site of the variance, that the petitioner has requested a
variance from this ordinance, the nature of the requested variance, and that
part of the ordinance that would be-waived if approved.
E. Following the hearing, the Mayor or his/her designee shall render a written
final decision including findings of fact and conclusions of law. The Mayor or
his/her designee shall mail the decision to all parties of record.
§240-1516 Penalties for offenses; presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by a
fine not to exceed $500 or imprisonment of not more than 15 days, or not more than
100 hours of community service or any combination of such fine and imprisonment and
not less than $100 or 25 hours of community service; provided, however, that a person
who shall violate any provision of this chapter after having been convicted of a violation
of any provision of this chapter within the preceding three years shall be punishable by
a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more
than 125 hours of community service or, any combination of such fine and imprisonment
and not less than $200 or 40 hours of community service; and further provided that any
person who shall violate any provision of this chapter after having been convicted two or
more times of a violation of any provision of this chapter within the preceding three
years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not
more than 15 days, or not more than 125 hours of community service, or any
combination of such fine and imprisonment, and not less than $300 or 50 hours of
community service. For any penalties of community service, the court may accept
community service from people other than the defendant whom the court deems
appropriate, such as other residents of the premises or others who choose to accept
responsibility for the violation. In assessment of the above penalties, aggravating factors
shall include but not be limited to the presence of the following factors:
(1) A common source of alcohol such as a keg;
(2) A live band or disc jockey or other live entertainment;
(3) Amplified sound emanating from speakers placed or directed outside of the building;
(4) A charge to gain entrance into the premises or to consume alcohol;
(5) A violation of § 250.8 (public urination) of this Code on the premises;
(6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends
and before the following 6:00 a.m.;
(7) More than 25 guests on the premises, "guests" being defined for the purposes of this
section as any people who do not reside at the premises;
(8) Any underage person or persons possessing or consuming alcohol on the premises,
each underage person constituting a separate aggravating circumstance;
(9) More than one complaint made to the police about the noise, each complaint after
the first being a separate aggravating circumstance.
B. For purposes of this chapter, for any offense that takes place on private property, if
the person or persons directly responsible for the activity that violates any provision of
this chapter cannot be determined, then all residents of the property on which the
activity takes place shall be presumed to be responsible for the violation.
Section 16. Severability. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 17. Effective Date. This ordinance shall take effect June 1, 2015, and in
accordance with law after publication of notices as provided in the Ithaca City Charter.
BACK-UP ITEM 9.2
Date: December 3rd, 2014
To: Planning and Economic Development Committee
From: Seph Murtagh, Chair
Re: Noise Ordinance Reform
The purpose of this memo is to provide background information regarding a proposal to amend
City of Ithaca Code §240, City of Ithaca Noise Ordinance. In 2013, the City hired consultant Eric
M. Zwerling, M.S. from the Rutgers Noise Technical Assistance Center (Department of
Environmental Sciences, Rutgers ― The State University of New Jersey) to assist the City in
revising its noise ordinance. This effort was initiated in response to noise disputes that had been
arising around the city (especially between commercial and residential uses), as well as
complaints about the vagueness of the City’s current ordinance. Mr. Zwerling visited Ithaca,
gathered public input, met with interested parties, and conducted sound tests at various sites
around the city. His main task was to produce a draft of a new noise ordinance.
To summarize the major changes, the new ordinance would:
*add some new definitions to the code (e.g., “multiuse property,” “commercial use
property”)
*create new standards for the primary Commons and City parks
*establish city-wide permissible noise levels
*establish special provisions for commercial establishments serving food and alcohol
*add new regulations for unamplified human voice and motor vehicles
At the November 12, 2014 meeting of the Planning and Economic Development committee,
committee members reviewed the draft proposal and proposed amendments, including removal
of rule that stipulates that residents located within 200 feet of commercial zone will be held to
less restrictive standard. Please find an enclosed draft that reflects these amendments. If the
committee is willing, we will pass this along to Common Council for possible adoption at our
January Council meeting. If you have any questions, feel free to contact me at 585-703-2582.
Sincerely,
Seph Murtagh
10. CITY ADMINISTRATION COMMITTEE:
10.1 DPW - Amendment of Capital Project 769, Intersection Bulb-outs on West
Green Street and West Seneca Street at the Intersections with Plain Street and
Corn Street - Resolution
WHEREAS, a Project for Intersection Bulb-outs on West Green Street and West
Seneca Street, P.I.N. #375462 (the “Project”) is eligible for funding under Title 23 U.S.
Code, as amended, that calls for the apportionment of the costs of such program to be
borne at the ratio of 80% Federal funds and 20% non-federal funds, and
WHEREAS, the Project purpose is to reduce the negative effects of motor vehicle use,
alter driver behavior and improve conditions for non-motorized street users in the
interest of street safety and livability along the New York State owned section of Route
79 (a one-way pair) in the mixed residential and low-density commercial area in the
vicinity of Plain Street and Corn Street, and
WHEREAS, on July 6, 2011, Common Council authorized $52,000 for the capital
project, and
WHEREAS, in the 2012 and 2014 City Capital Budgets, Common Council authorized
$231,000 and $12,000, respectively, bringing the total authorization to $295,000, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of design, construction and construction
inspection; now, therefore, be it
RESOLVED, That the Common Council hereby approves the above-subject project;
and it is hereby further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering, Design, Construction, and Construction Inspection work for the Project or
portions thereof, and it is further
RESOLVED, That the sum of $60,000 is hereby appropriated from the issuance of
serial bonds and made available to cover the cost of participation in the above phase of
the Project, and it is further
RESOLVED, That Common Council hereby amends Capital Project #769, Intersection
Bulb-outs on West Green Street and West Seneca Street, to include the Project costs of
$60,000, for a total authorization of $355,000 and it is further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 21% (or 7.5% or 5%) of said portion,
currently estimated at $74,750 (or $26,750 or $17,750) of the $355,000 authorized for
this portion of the project, in monies and in-kind services as managed by the
Superintendent of Public Works and monitored by the City Controller, and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the New York State Department of Transportation thereof, and it is
further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible, and it is further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and it is further
RESOLVED, This Resolution shall take effect immediately.
10.2 DPW – Approval of Project Scope for Capital Project #802 Transportation
Alternatives Program - Resolution
WHEREAS, as part of the City’s Bond Authorization approved at the regular Common
Council meeting on January 7, 2015, the $750,000 authorized for Capital Project #802,
Transportation Alternatives Program, was amended to include a stipulation that
Common Council be required to approve the project scope prior to release of financing
for the project, and
WHEREAS, DPW staff has discussed the project scope and design with members of
Common Council, and
WHEREAS, after this review, Common Council approves the funding of the
Transportation Alternatives Program Project; now, therefore be it
RESOLVED, That Common Council hereby approves the project scope for Capital
Project #802, Transportation Alternatives Program in the amount of $750,000, and be it
further
RESOLVED, That Common Council hereby directs the City Controller to issue financing
for said project in the amount of $750,000.
14. MAYOR’S APPOINTMENTS:
14.1 Appointment to Disability Advisory Council – Resolution
RESOLVED, That Jennifer Aronson be appointed to the Disability Advisory Council to
fill a vacancy with a term to expire June 30, 2017.