HomeMy WebLinkAbout01-11-12 Planning & EDC Meeting Agenda MEETING NOTICE
City of Ithaca
Planning & Economic Development Committee
NOTE NEW DATE AND EARLIER START TIME
Wednesday, January 11, 2012 — 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
A. Agenda Review
B. Special Order of Business
C. Public Comment and Response from Committee Members
D. Announcements, Updates and Reports
1. Workforce Diversity Report— Building Department
2. Update on Projects
a. Commons Upgrade and Repair
b. Comprehensive Plan
c. Dredging
3. Intermunicipal Planning Update
E. Action Items
1. Divesting of City Property— impacts on planning and non-public works needs
(memo and resolutions enclosed)
a. Parcel 93.-7-3 (213 West Spencer Street)
b. Parcel 93.-7-5.1 (215 West Spencer Street)
c. Parcel 122.-2-1 (321 Elmira Road)
d. Parcel 100.-2-1.2 (south end of Cherry Street)
2. Amendment to Landmarks Ordinance
(concept memo, lead agency resolution, SEAF, SEQR resolution, two (2) ordinances
(Chapter 73 and 272), and Tompkins County GML review response enclosed)
3. Response to Hydrofracking —Amendment to Industrial Zone —Approval to Circulate
(two (2) memos enclosed, one (1) to be distributed under separate cover)
F. Discussion Items
1. 2012 Planning Committee Priorities
(Aug. 9, 2011 version of Planning Dept. Workplan, to inform discussion)
G. Approval of Minutes
H. Adjournment
Questions about the agenda should be directed to Jennifer Dotson, Chairperson,
(idotson(a)cityofithaca.org or 351-5458) or to the appropriate staff person at the Department of
Planning & Development (274-6550). Back-up material is available in the office of the Department of
Planning & Development. Please note that the order of agenda items is tentative and subject to
change.
If you have a disability and require accommodations in order to fully participate, please contact the
City Clerk at 274-6570 by 12:00 noon on Tuesday, January 10, 2012.
WORKFORCE DIVERSITY REPORT
Presented to
City of Ithaca
Planning Committee
Prepared by
City of Ithaca Building Department
Phyllis Radke
Margaret Head
December 1,2011
a°Fc� CITY OF ITHACA
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108 East Green Street Ithaca, New York 14850-5690
$c.., :. BUILDING DEPARTMENT
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Building Department Mission Statement
The mission of the Building Department is to provide the professional administration and
consistent,proper, and equal enforcement of the building, housing, and land-use laws
legislated by the State of New York and the City of Ithaca.
Members of the Building Department are committed to this task of enforcement and are
fully aware that these codes and ordinances have been legislated to protect life and
safeguard the public and that these regulations when enforced provide the minimum
standards of fire and life safety in buildings and promote the health, welfare and quality
of life that the residents of the City of Ithaca depend upon.
Current Demographics/Number of Protected Class Employees
Total Rostered Positions: 19
Total Funded Positions: 15.5
Total Current Employees: 14
Men: 10
Women: 4
Caucasians: 13
African-Americans: 1
Persons older than 40: 13
(Persons 40 and under): 1
Because I may not Imow about some employees' memberships in protected classes (e.g.,
disability status), the numbers of employees in protected classes may be greater than .
those listed above. Contributing to the diversity of the Building Department are two
women working in traditionally.male occupations:the Building Commissioner and a
Code Inspector.
2011 Hiring
The Department made two hires in 2011. One Workforce Diversity Selection Review
Committee meeting was necessary when we did not hire a person of color who applied
for the Electrical Inspector position. The Committee was satisfied with my explanation:
the applicant was a retiree in the State system who could not accept our full-time position
without losing retirement benefits.
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'An Equal Opportunity Employer with a commitment to workforce diversification." �b
I failed in a 2011 attempt to actively recruit a person of color for an open administrative
position. Administrative positions are usually filled from the top three scorers in a pool
of applicants who have already passed Civil Service exams. In this instance, I identified
a promising candidate through networking and brought her on temporarily, encouraging
her to take the Civil Service test for the permanent position. Functionally, she was an
excellent fit,productive and well-liked by other staff. Sadly, she did not score among the
top three. The "Rule of Three"can be a frustrating barrier.
Hiring Practices for Diversity
Inspectors must meet specific kinds and amounts of work experience and education
requirements and must be reachable from Civil Service scores. They must also take and
pass.5 building code enforcement classes taught by the State of New York. There are
very few applicants who are female or persons of color because the qualifications
required for the position are typically acquired in predominantly white male work
environments. Women and persons of color face barriers breaking into these work
environments.
Formerly, my approach to maximizing diversity in the workplace was an informal de-
facto on the job training program. We would hire persons who were not yet highly
skilled into entry level positions and we would then tutor and support them to foster their
ability to advance through internal promotion.
In these leaner times I cannot commit the same resources I once did into this approach.
In recent Inspector hires I have worked with HR to expand our advertising search area,
enabling us to reach larger cities for our applicant pool. Larger companies found in the
larger cities employ more women and women and men of color, giving us potential
applicants when we expand our search. I am using this approach in a current Inspector
search.
Attrition in the Next 2-3 Years
No staff has stated their intention to leave the Building Department in the next 2-3 years.
However, given that we have only one staff member under the age of 40,vacancies are
possible in this time period. In the next 5 to 10 years, I expect staff turnover to exceed
50%, including the positions of Building Commissioner and Deputy Building
Commissioner.
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2011 Building Department Workforce Diversity Effort-Attribute Selected: #4,
Accommodations for Individuals with Disabilities
Plan Development
The work in code enforcement requires working with Ithaca's general population and this
means providing our services to people that may have a physical or mental disability.
The 2011 effort developed organically from staff discussions about our inconsistent
knowledge about the American's with Disabilities Act(ADA) and the requirements
incumbent upon staff in the application of code enforcement and service when working
with people with disabilities. A particular incident spurred discussion. An inspector
working with a hearing impaired resident via email was not sure whether he needed to
bring an interpreter with him when he inspected her residence. He tried contacting a
federal ADA helpline but received vague and non-specific answers.
As a staff,we decided to bring in a trainer on the topic, and expanded the idea to include
more ways to learn about accommodating residents with disabilities in a consistent
manner.
Plan Goals
Improve our service to residents with physical and mental disabilities by better
understanding legislation that define lawful treatment of persons with disabilities and best
practices when providing services to persons with disabilities.
Plan Implementation
Engage the following to train staff about disability issues.
1) Empire Interpreting Services
2) Tompkins County Mental Health Department
3) Finger Lakes Independence Center
Use the knowledge we gain to impact how we perform our work and create policies
that will help with enforcement.
1) Empire Interpreting Services—Hearing Impaired Residents
Our first question about accommodation concerned whether we were responsible for
providing interpreter services to hearing impaired residents. We needed a review of the
1990 Americans with Disabilities Act to answer the question. Title II and Title III of this
Act govern how the Building Department must ensure equal opportunity for people with
disabilities in its enforcement and administration in State and local government buildings
and in businesses and not for profit services that are public accommodations. Title II
covers all the activities of State and local government and requires that government
provide people with disabilities an equal opportunity to benefit from all their programs,
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services and activities. (This includes but is not limited to employment, transportation,
recreation, social services, courts, voting, and public meetings.) Under Title II,the
Building Department assures through its plan review and building inspections that the
access and architectural requirements for new or altered buildings meet the access
requirements as mandated under the New York State Building Codes and the Department
of Justices' Access Standards.
Title III covers businesses and non-profit service providers that are public
accommodations. Public accommodations include but are not limited to private entities
that own, lease, lease to, or operate facilities such as restaurants, retail stores,hotels,
movie theaters,private schools, convention centers, doctors' offices,homeless shelters,
funeral homes, day care centers, recreation centers including stadiums and fitness centers.
The Building Department's responsibility is the plan review and building inspection of
buildings being constructed or undergoing alterations for compliance with the access and
architectural standards as prescribed under the New York State Building Codes and that
code enforcement officers and property owners or operators comply with basic non-
discrimination requirements that prohibit exclusion, segregation or unequal treatment.
Under both Title II and Title III, the standard for persons with hearing impairment is
simple: we must provide our services to hearing-impaired persons such that they are not
forced to depend on hearing to get information from us that we would provide by
speaking to a hearing person. Much as we provide handicapped accessible doors for
wheelchairs, we must provide interpreters for hearing impaired persons.
Empire also taught us how best to work with an interpreter to allow the best
communication between us and those we intend to communicate with. We have adopted a
Departmental policy requiring interpreters for hearing impaired residents.
The discussion about interpretation spawned a more broad ranging discussion about
communication difficulties and we identified a subsequent diversity goal of improving
service to persons for whom English is a second language. We may not be legally
required to provide interpretation, but a commitment to diversity and inclusiveness
should go beyond meeting legal requirements.
2) Tompkins County Mental Health Department—Standards with Hoarding
The Building Department sometimes directly encounters persons with hoarding disorders
whose home environments are so crowded as to be unsafe. This can happen when
someone files a complaint about a housing violation and the inspector finds a home
occupied by a hoarder who is unable to care for the environment they inhabit or even the
ability to take care of themselves. Though we often work with Adult Protective Services
in these cases, if the property cannot be made safe quickly, we may find ourselves in the
position of posting the building as uninhabitable until conditions are improved.
We have had varying degrees of success gaining assistance in such cases. If we can get
support from Adult Protective Services we can make an agreement with this agency so
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that the person is placed in short ternz housing while their dwelling is cleaned up to a
level that life safety concerns are removed and the person can return to their home. Then,
hopefully, a more vigorous supervision program between the occupant and their
caseworker can be arranged so that dwelling does not reach a level where the dwelling
becomes uninhabitable again due to unsafe conditions.
After reviewing with the Mental Health Department what services can be put in place and
how they can be initiated, we identified the need for a consistent standard to be used as a
gauge to tell when a home is in good enough condition for the hoarder to return to.
Instead of each Inspector applying a subjective standard, it is more empowering for the
hoarder and their caseworker to have a written standard that can be referenced by all
persons involved.
For this reason, we adopted a policy that lists what building systems must be functional
and what other life safety objectives must be remedied to allow a person who has had to
vacate their dwelling because it was made unsafe due to hoarding activities. These
systems and life safety objectives must be remedied before the occupant can resume
living in their home. What the Building Department requires of such dwellings that are
found in unsafe conditions is that they are cleaned and repaired to a minimum standard of
safety. Once the dwelling is cleaned and repaired and the inspector permits the occupant
to resume occupying their home, it generally takes help fiom the caseworker to assure
that the dwelling does not return to the conditions that originally caused the dwelling to
be vacated.
Since these conditions are the result of a mental illness, we will try to make arrangements
with the support agency in charge to come and check on the occupant every couple of
weeks to make sure that the living conditions do not return to pre-posting conditions. An
agreement can also be made with the Inspector in which the Inspector can make periodic
inspections throughout the year to assure compliance with the agreed standards of
habitability and safety.
3) Finger Lakes Independence Center
To better understand the needs and problems facing people with disabilities in general we
decided to ask Larry Roberts from the Independence Center to talk to us during our staff
meeting.
Our discussion with Larry Roberts Director of the Finger Lakes Independence Center
(FLIC) was important for a number of reasons. Staff learned the scope of work performed
by FLIC. It is another agency, like the Building Department,that works with aspects of
building code enforcement which includes enforcing State and federal laws concerning
handicapped accessibility. It is also a valuable resource to the Building Department and
other Public Agencies as well as for people with disabilities. FLIC is an advocacy center
that provides support to individuals and organizations regarding the rights and
responsibilities of the disabled.
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For individuals with disabilities, the Center provides peer counseling, lends assistive
equipment, and teaches skills such as adaptive cooking, homemaking, self-advocacy
skills, and independent living skills. It also provides information concerning eligibility
requirements for programs such as social services and Medicaid.
For agencies such as the Building Department, it provides information and referral on
accessible housing, sign language interpreters,training on a variety of disability issues,
and community outreach speakers and workshops to develop awareness about people
with disabilities. The Building Department has used FLIC consultation services in the
past.
The Building Department promotes and protects accessibility within the context of
building codes,the Finger Lakes Independence Center advocates Title II and Title III
rights guaranteed by the Americans with Disabilities Act Of 1990. Issues taken on by the
Finger Lakes Independence Center includes advocating for those rights guaranteed to
people with disabilities. Sometimes this includes pressuring businesses to comply with
Title III requirements of malting the front entrance of an existing buildings accessible as
required by law because the construction of a compliant ramp is physically achievable
and to do so is within a reasonable cost to the business.
In this training,we also reviewed Title 1I1 of the ADA, as it relates to the Building
Department's responsibility for enforcing the accessibility requirements under the New
York State Building Code.
Inspectors' discussions with the FLIC representative did not result in specific policy
changes. Instead, staff took away a more in-depth understanding of the ADA's scope, as
well as a new familiarity with FLIC and how to use its services to solve disability
accommodation questions.
Indicators of Success in Meeting Goal
Policy changes for hiring interpreters and working with people who hoard material
objects were written and an outline discussing the differences between Title II and Title
III requirements for code enforcement was given to all staff. Staff has indicated their
desire for ongoing discussions concerning accommodation issues and accessibility in
staff meetings. Management has also expressed their desire for more outreach to other
agencies that provide services to people with disabilities and their housing
accommodations. Staff reports less confusion and more confidence concerning
accessibility and accommodation under the ADA.
Inclusive Environment
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Weekly staff meetings, alternating with all staff and with inspectors only are run by the
Building Commissioner and Deputy Building Commissioner to impart information and
do training. However, everyone is free to speak about topics of concern, and staff input
is included while developing policies and procedures and when hiring. A weekly meeting
is also held with the Fire Department's Code Enforcement office and Building
Department inspection staff. These meetings allow Fire and Building enforcement
personnel to exchange what buildings that both Departments may have problems and
deciding what enforcement is needed and who is doing the enforcement. These meeting
have made coordination between the two Departments much more productive and such
meeting elicits mutual cooperation and beneficial working relationships. A similar
meeting is held once a month between Building, Planning, and the Fire Department
enabling the Fire and Building Department to be cognizant of projects that are currently
under review by the Planning Department
Readying for More Diverse Workforce
Although the focus of this year's effort was primarily on customers with disabilities, the
material presented and the ensuing discussions were also helpful in preparation for
accommodating co-workers with disabilities and understanding the purpose and scope of
accommodating disabilities.
Barriers to Achieving Disability Goals
Barriers faced in hiring a diverse group of inspectors include the rigidity of the Civil
Service"Rule of Three" and the white,male-dominated work culture of the buildings
trade which finding non-white and female Inspectors a challenge.
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�X*' .cy CITY OF ITHACA
108 East Green Street Ithaca,New York 14850-5690
non MApry
BUILDING DEPARTMENT
pOppTBO Telephone: 607/274-6508 Fax: 607/274-6521
CITY OF ITHACA BUILDING DEPARTMENT
POLICY FILE
From Staff Meeting, Date: June 2, 2011. Meeting with Empire
Interpreting Services with Theresa Slater
Non Discrimination on the Basis of Disability in State and Local
Government Services, New Policy;
As we learned from the Theresa Slater with the Empire Interpreting
Services, people who are hearing impaired or hard of hearing are entitled to
have a hearing Interpreter present whenever a Code official is conducting an
inspection of such hearing impaired person's dwelling. Theresa Slater also
discussed the Americans with Disabilities Act (ADA) of 1990 that mandates
a comprehensive variety of public and private services be accessible to all
people regardless of disability. As a result of her discussion the following
Policy is currently in place:
During a scheduled Inspection, if an Inspector must inspect a unit
occupied by a person that is hard of hearing or is hearing impaired and
the inspection was not already prearranged for a hearing interpreter to
accompany the inspector, the inspector shall stop the Inspection and
reschedule the appointment so that a hearing interpreter hired by the
Building Department can accompany the Inspector. This will assure
that the person who is hearing impaired will understand what violations
exist and what are the required remedies.
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'An Equal Opportunity Employer with a commitment to workforce diversification." Via+
28 CFR Part 35, Non Discrimination on the Basis of Disability in State
and local Government
The Department of Justice, Office of the Attorney General under 28 CFR
Part 35, Nondiscrimination on the Basis of Disability in State and Local
Govermnent, has made a final ruling that implements subtitle A of title II of
the Americans with Disability Act, Pub. L. 101-336, which prohibits the
discrimination on the basis of disability by public entities. Subtitle A
protects qualified individuals with disabilities from the discrimination on the
basis of disability in the services, programs, or activities of all State and
local governments. It extends to the prohibition of discrimination in
federally assisted programs established by section 504 of the Rehabilitation
Act of 1973 to all activities of State and local governments, including those
that do not receive financial assistance, and incorporates specific
prohibitions of discrimination on the basis of titles, I, III, and V of the
Americans with Disabilities Act. This rule, therefore, adopts the general
prohibitions of discrimination established under section 504, as well as the
requirements for making programs accessible to individuals with disabilities
and for providing equally effective communications. It also sets forth
standards for what constitutes discrimination on the basis of mental and
physical disability, provides a definition of disability and qualified
individual with a disability, and establishes a complaint mechanism for
resolving allegations of discrimination.
Definition of Qualified Person:
To be protected by the ADA, one must have a disability or have a
relationship or association with an individual with a disability. An individual
with a disability is defined by the ADA as a person who has physical or
mental impairment that substantially limits one or more major life activities,
a person who has a history or record of such impairment, or a person who is
perceived by others as having such an impairment. The ADA does not
specifically name all of the impairments covered.
Q:ibd/procedures/policies/customer service
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December 7, 2011
Occupant
123 Main St.
Ithaca, NY 14850
RE: Property Address
Dear Occupant:
You are being given this notice because your dwelling unit has been
posted as unsa a or uninhabitalik. You can not occupy the dwelling
because it violates the New York State Property Maintenance Code and
Ithaca's "Housing Standards". In order for you to reoccupy your
dwelling, it is important for you to fully comply with the following code
requirements. When your home is compliant with these requirements and
verified by an Inspector with the City of Ithaca's Building
Department, the posting and occupancy prohibition will be rescinded.
Conditions that must be met before the dwelling can be considered
habitable:
EXITS
• Clear aisles providing accessible paths to different areas of the house,
aisles must be maintained free from accumulation of storage material
or clutter.
• The aisle width shall be a minimum of 30 inches.
• There shall be no materials stored on or blocking a fire exit.
KITCHEN:
• Items must be removed from stove tops and away from all heat
sources.
• There must be running water to kitchen sinks and the sinks shall be
functional.
• Refrigerator and stove must be functional.
• Kitchen must be maintained in sanitary condition.
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• There must be adequate facilities and services for the disposal of food
waste and refuse, including equipment for temporary storage (garbage
can(s).
• All spaces to be used for food preparation shall contain suitable space
to store, prepare and serve food.
BATH
• Bathroom sink must be operational.
• Bathtub must be functional.
• Bathroom's ventilation must be operational (Fan must work or
window must open).
• Hot water heater must be functional.
• Bathroom shall be maintained in a sanitary condition.
GENERAL
• All smoke detectors must be operational (as well as any smoke
detection system or suppression system or life safety devices).
• Interior (and exterior)) kept in sanitary condition.
• Pets are kept in appropriate manner and under control.
• Unsanitary conditions must be resolved. Cat boxes should be clean.
There should not be dog feces or urine soaked material in the
apartment.
• Dwelling must be flee of vermin and pests.
• Combustible loads must be reduced. Eliminate heavy loads placed in
specific areas
• All garbage must be removed.
• Clothes dryer vent shall be independent of other systems, properly
vented and clear of accumulating lint.
Thank you for your cooperation.
Sincerely,
I
For the Building Department
Inspector's name
Initials
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Telephone: 607/274-6508 Fax:607/274-6521
MEMORANDUM
Date: December 1, 2011
To: Building Department Staff
From: Phyllis Radice, Building Commissioner
Re: Recap on Differences Between Requirements of Department of Justice and the
ICC Building Codes with Respect to Code Enforcement and Title II and Title III
Buildings
Americans with Disability Act(ADA)
The Americans with Disability Act(ADA) is a Federal civil rights law that ensures equal
opportunity for people with disabilities. The ADA prohibits discrimination on the basis of
disability in employment, State and local government,public accommodations,
commercial facilities,transportation and telecommunication. It also applies to Congress.
ADA Title III: Public Accommodations
Title III covers businesses and nonprofit services that are public accommodations. Public
accommodations include but are not limited to private entities that own, lease, lease to, or
operate facilities such as restaurants,retail stores,hotels,movie theaters,private schools,
convention centers, doctors' offices',homeless shelters, funeral homes, day care centers,
theaters, funeral homes, stadiums and fitness centers. Transportation services provided by
private entities are also covered by Title III.
Public accommodations must comply with basic nondiscrimination requirements that
prohibit exclusion, segregation, and unequal treatment. They must also meet the
Department of Justine Standards for new and altered buildings. Public Accommodations
must also provide for effective communication with people with hearing,vision, or
speech disabilities. They are also required to comply with other access requirements and
remove barriers in existing buildings where it is easy to do so without much difficulty or
expense, given the Public Accommodation's financial resources.
Complaints can also be filed with the DOJ and the DOJ is authorized to bring a lawsuit
where a pattern or practice of discrimination is shown by the Public Accommodation
being grieved for failure to comply with any Title III requirement.
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Access standards that Public Accommodations must meet are those published in DOJ's
2010, or their 1991 Standards. The 1991 Standards may be used until March 15,2012.
One problem facing Code officials that enforce Building Codes are that often the
standards they enforce are those under their State Building Code. These often meet ADA
scoping standards related to the access into and through buildings for persons with
physical disabilities that handle the who,what,why, and how many of any element that is
required to be accessible.
New York State Building Code which is the International Code (ICC) with State
enhancements also uses the nationally recognized ANSI standards as a reference standard
for its building codes. The ANSI Standards provide the technical requirements for how to
make elements accessible.
Title III: Public Accommodations
Title III of the ADA also authorizes the Department of Justice to certify that State laws
and local building codes meet or exceed the ADA Standards for Accessible Design for
new construction and alterations. This is because congress recognized the important role
that state and local building codes and standards play in achieving compliance with the
building code aspects of accessibility. Building Officials who are involved in plan review
and construction inspection process provide important assistance to construction and
design professionals through their oversight of the accessibility requirements of a
"certified" State and local Code. The ICC has reported that the Department of Justice also
provides technical assistance to jurisdictions that are in the process of adopting or
modifying their accessibility requirements and the ICC would like the DOJ's views on
whether the new proposed requirements meet or exceed ADA accessibility requirements.
The ICC has been working with the DOJ,the U.S Architectural Board and Transportation
Barrier Compliance Board, the Department of Housing and Urban Development(HUD)
to coordinate accessibility requirements found in the Americans with Disabilities Act
Accessibility Guidelines. ICC has also asked for technical assistance in evaluating the
2003 IBC for Compliance with the current ADAAG. The ICC has been officially
recognized by HUD as meeting or exceeding HUD's Standards. In addition the ICC has
been working with the Access Board throughout the development of the new ADA/ABA
guidelines for coordination between the two documents (2010 Standards). The DOJ has
reviewed the ICC 2003 2006 and 2009 Building Codes.
It is ICC's goal to meet or exceed the requirements of these two federal laws that cover
building and facility access. However, it is difficult for building codes to make a direct
correlation between our building code and the Federal Standards primarily because the
Building Codes are designed to be put in place before a building is occupied while the
Federal Standards are written from the perspective of the building being occupied.
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Furthermore, both building codes and federal standards have exceptions for compliance
when it is technically infeasible to make an existing building accessible. When these rules
apply can differ between the building codes and the DOJ's Standard.
Fortunately as Code Inspector's when working with Title III buildings,we are only
required to enforce Access standards for compliance with New York State Building
Codes and its Reference Standards. This does not relieve the operator or owner of a
Public Accommodation from meeting the requirements of the DOJ's 2010 Access
Standard or its 1991 Access Standards.
Title 1I covers all the activities of the State and local government. Title 11 requires that all
State and local governments give people with disabilities an equal opportunity to benefit
fiom their programs, services, and activities. In terms of architectural barriers, that means
barriers that must be removed and achieving access standards in all State or local
government buildings.
State and local governments are required to meet the regulations found in the
Department of Justices (DOJ's) 2010 Standards, which will be mandatory by March of
2012, or the DOJ's, 1991 Standards, or the 1991 Uniform Accessibility Standards. The
DOJ states that all applicable requirements of the chosen standard must be satisfied. The
DOJ does not permit selective use of less stringent provisions from the standard not
chosen.
ICC has been working closely with the Department of Justice so that the access standards
required under the New York State Building Codes and demonstrated in the ANSI
A.117.1 Standards are identical to those of the 2010 DOJ Standards.
The DOJ states that these regulations are not the same until they independently"certify"
each State's building code meets their Access Standards. I talked to a Representative with.
the ICC's Codes division and she said it has been an on going battle with the DOJ since
2003 but that she believes our New York State Building Code is as restrictive as the
DOD's 2010 Standards. She also told me that she believes only one or two states have the
certification from the DOJ. It was suggested that we also look at the DOJ's 2010
Standards when we are enforcing access standards in buildings belonging to the City of
Ithaca.
Complaints of Title 11 violations must be filed with the DOJ within 180 days of the date
of discrimination. The DOJ may bring a lawsuit where it has investigated a matter and
has been unable to resolve violations.
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ADDITIONAL APPENDIX
1) Which Standards to Follow......................................................3 pages
2) Certification of State and Local Accessibility Requirements...............3 pages
3) ADA Build it Right...............................................................2 pages
4) Building Codes and Accessibility Requirements..............................4 pages
5) Most Common Construction Errors.............................................2 pages
6) Collection of Resources..........................................................5 pages
Which Standards to Follow Page 1 of 2
Which Standards to Follow
ADA Standards I Guidelines and standards I Home
The Department of Justice(DOJ)and the Department of Transportation(DOT)maintain ADA standards that are based on minimum guidelines Issued by the
Access Board.The standards apply according to the type of facility:
• Places of Public Accommodation and Commercial Facilities(Private Sector)
• State and Local Government Facilities
• Transportation Facilities
Federal facilities are subject to similar standards under the Architectural Barriers Act(ABA). '
Places of Public Accommodation and Commercial Facilities(except transportation facilities)
DO]regulations issued under title II[of the ADA(28 CFR Part 36,Subpart D)currently allow use of either:
or
DOD's 2010 Standards DO7's 1991 Standards
mandatory starting March 15,2012 usable until March 15,2012
Note:All applicable requirements of the chosen standard must be satisfied.DO]does not permit selective use of less stringent provisions from the standard
not chosen.
State and Local Government Facilities(except transportation facilities)
DO]regulations issued under title II of the ADA(28 CFR Part 35,see§35.151)currently allow use of either:
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or or V
DOD's 2010 Standard. _ DoYs 1991 Standards Uniform Federal Accessibility Standards
mandatory starting March 15,2012 (excluding the exception for elevators) (an existing option to the 1991 standards)
usable until March 15,2012 usable until March 15,2012
Note:All applicable requirements of the chosen standard must be satisfied.DO]does not permit selective use of less stringent provisions from the standards
not chosen.
Transportation Facilities
Transportation facilities,including bus stops and stations and rail stations,are subject to DOT's ADA standards
and regulations.These facilities must meet the DOT's updated standards(2006). - -
See DOT's notice Implementing these standards and its ADA regulations(49 CFR Part 37)for further —
Information.
http://www.access-board.gov/ada/using-standards.htm 11/22/2011
Which Standards to Follow Page
DOT's 2006 Standards
Technical Assistance
For technical assistance,contact:
U.S.Access Board
a phone: (800)872-2253 (voice)or(800) 993:2822 (M),weekdays 10:00- 5:30 ET(except Wednesday)
JJY" e-mail:taPaccess-board.gov
° 4r •fax; (202) 272-0081
s 40
ADA Standards I Guidelines and Standards I Home
Accessibility Into rage .
o Emergency,evacuation.The IBC addresses how to evacuate everyone out of a building In an
emergency.This new release tells how the International Codes comply with a court ruling on emergency
evacuation for persons with disabilities.
s Building,Codes,and.AccessibiIt Requiremenfs.This brochure explains
.................. ...............
the purpose of building codes and how the International Building Code addresses accessibility.
e Accessible Means of Egress.The ADNABA Guidelines reference the IBC for accessible means of
egress.What does this mean?This brochure will tell you.
How does the IBC work with the FHA?
The 2006 IBC is a'safe harbor document for complying with FHA's accessibility requirements.This means the
IBC meets or exceed the requirements in the FHAG.So if a building complies with the 2006 IBC,it complies with
the FHAG.
0 20061BC meets FHA accessibilifyrequirements.The U.S.Dept,of Housing and Urban Development
..._..........................._.....S.........................._........_........
evaluated the 2006 International Building Code and found that the IBC meets FHA accessibility
requirements.
o Final Reportrtof the,HUD.Review.The Final Report of the HUD Review of the Fair Housing
Accessibility Requirements in the 200B International Building Code(IBC).
o The Vital Role of the Safe Harbor Codes.In this article,the National Association of Home Builders
.........___...._..........._........................._.................................._.........
(NAHB)explains the importance of coordinating the IBC with FHAG.It originally appeared in the
July/August 2004 issue of Building Safely Journal.
n Fair Housing Act Design,M,anual.Published by HUD,the Fair Housing Act Design Manual:A Manual
to Assist Designers and Builders in Meeting the Accessibility Requirements of The Fair Housing Act
offers guidance on compliance.Order a copy or download the full text.
Mostjurlsdictions update their building codes on a regular basis.Therefore,as now technologies and accessibility
provisions are Incorporated into the IBC and adopted byjudsdictions,they are built Into new construction. _
<Return to the first page,
>Continue to the third page
5
..2 Int r tional Codes `
New Codes for aChanging World.
ADA Certification of State and Local Accessibility Requirements Page 1 of 3
skin n.mwion
E
ADA Certification of State and Local Accessibility Requirements
Newly Constructed and Altered Buildings and Facilities
Title III of the ADA authorizes the Department of Justice to certify that State laws, local building codes, or
similar ordinances meet or exceed the ADA Standards for Accessible Desig n for new construction and
alterations. Title III applies to public accommodations and commercial facilities, which include most private
businesses and non-profit service providers. Examples of covered businesses are restaurants, banks and
commercial lending institutions, movie theaters, stadiums, grocery and convenience stores, health care
facilities and professional medical offices to name a few.
Congress, by authorizing the certification of State and local accessibility requirements under title III,
recognized the important role that state and local building codes and standards may play in achieving
compliance with the building-related aspects of accessibility. State and local building officials who are
involved in plan approval and construction inspection processes may provide important assistance to
construction and design professionals through their oversight of the accessibility requirements of a
certified State or local code.
And, in any legal challenge that might be brought under the ADA to facilities constructed in compliance
with an ADA certified code, compliance with the certified code constitutes rebuttable evidence of
compliance with title III of the ADA. The benefits of certification are not limited, however, to potential ADA
lawsuits.
Why is Certification Important?
Voluntary compliance is an important component of an effective strategy for implementing title III of the
ADA. Private businesses that voluntarily comply with ADA accessibility requirements help to promote the
broader objectives of the ADA by increasing access for persons with disabilities to the goods, services,
and facilities available in our respective communities. Certification facilitates voluntary ADA compliance by
assuring that certified State and local accessibility requirements meet or exceed ADA requirements. In
this regard, business owners, builders, developers, architects, and others in the design and construction
industry are benefitted because, once a code is certified, they can refer to certified code requirements and
rely upon them for equivalency with the ADA.
Certification of a state or local accessibility code also allows business owners, builders, developers, and
architects to rely on their state or local plan approval and building inspection processes for assistance with
ADA compliance through the implementation of certified accessibility requirements. Should a mistake
occur in the design or initial construction phase of a project, the mistake can be identified early through
the plan approval and inspection processes and corrected at a time when adjustments can easily be
made and the costs for doing so remain low. In this manner, State and local building code officials in
jurisdictions with an ADA-certified code can play an important role in checking to determine whether
accessibility requirements have been met. Finally,jurisdictions that provide accessibility "check points"
such as those described above through the implementation of a certified code provide a significant benefit
to private industry and an incentive for growth and development.
http://www.ada.gov/certeode.htm 11/22/2011
ADA Certification of State and Local Accessibility Requirements Page 2 of 3
IADA certification - Question of the Month
Overview of the Certification Process
Technical Assistance For State and Local Governments
The Department of Justice provides technical assistance to jurisdictions that are in the process of
adopting or amending their accessibility requirements and would like our views regarding the extent to
which the proposed requirements comply with or exceed ADA accessibility requirements. To obtain
technical assistance, the jurisdiction should submit a written request to the Department along with the
proposed accessibility requirements and any appropriate supporting materials (for example, information
concerning any model code or statute on which the proposed requirements are based; copies of any
statute, standard, or regulation referenced in the proposed requirements; and any relevant manuals,
guides, or other interpretive information about the proposed code or about provisions of the proposed
code that are carried over from a pre-existing code or requirement).
The same Department of Justice staff who review certification requests for finally enacted accessibility
requirements will undertake a review of the proposed code for technical assistance purposes only. ADA
certification, however, can only be granted for finally enacted codes and requirements that are capable of
administration under State or local law.
Technical Assistance For Model Code Organizations
The implementing regulations at 28 C.F.R. 36.608 provide for requests from model code organizations for
guidance from the Department of Justice regarding the consistency of model codes with ADA accessibility
requirements. The ADA does not authorize the Department, however, to certify model codes and
standards.
Certification Requests From State and Local Governments
Throughout the certification review process, Department of Justice staff provide assistance and guidance
to representatives of State and local governments that request certification of their accessibility
requirements. Upon receipt of a complete certification submission, a team of experienced staff(architects,
accessibility specialists and attorneys) undertake a detailed comparison of the submitted accessibility
code to the title III requirements for the design, construction, and alteration of buildings and facilities,
including the ADA Standards for Accessible Design. The staff may contact submitting officials during this
process to gain additional information about the correct interpretation and application of the submitted
code. Prior to making a preliminary certification determination, the Department often provides written
technical assistance to submitting jurisdictions. In its technical assistance letter, the Department could
point out provisions of the submitted code that raise concerns or questions about equivalency with the
ADA, and may suggest possible changes or revisions to achieve compliance with the ADA. Once a
preliminary determination is made that a submitted code meets or exceeds ADA requirements, the
submitting jurisdiction is notified, members of the public, including persons with disabilities, are notified,
and the public is provided an opportunity to comment. If the preliminary determination of equivalency is
sustained, the Department will issue a certification of equivalency.
How to Request Certification
To request certification, a jurisdiction should provide the Department with a written request that complies
with the specifications in the title III implementing regulations, subpart F at 28 C.F.R. 36.601 et. seq.
http://www.ada.gov/certcode.htm 11/22/2011
ADA Certification of State and Local Accessibility Requirements Page 3 of 3
Summary of the certification submission requirements copies of certification-related forms and a more
detailed description of the certification process.
ADA Home Page ADA Publications Enforcement ( Site Map Search
last updated holy 25,2003
http://www.ada.gov/certcode.htm 11/22/2011
ADA Build Enforcement and Scoping Page 1 of 2
ADA Build-it-bight
Enforcement and Scoping
The specifications are the easy part,much more complex is who enforces the specifications, and which
specification applies to which facility or building (scoping). Scoping is so complex that it is important to
rely on code and design professionals. (Scoping is finding out which class of specification(or code)
applies to your specific construction project). Incorrect scoping.is a common pitfall of inexperienced
disability advocates. When one complains it is important to be accurate in which specification document
(code) applies to the facility in question.
Generally the ADAAG specifications are enforced by the US Department of Justice (DOJ) from a
discrimination/civil rights viewpoint. Unless the ADAAG is specifically referenced by state and local
codes it IS NOT enforced by local building officials.
The state and local codes are enforced by local building officials for new construction and major
remodeling. And the enforcement period is short-- from the initial plan review before the building
permit is issued and,ends soon after the final inspection is completed and the occupancy permit is issued.
Enforcement tends to be better in new construction.
There is a gap in enforcement after final inspection until any complaints are filed with the US DOJ. In
many cases minor modifications and reconfiguration may occur without obtaining a building permit that
cause a facility to be out of compliance with the specifications.
Local Building Official Enforcement:
For new construction this is the most effective enforcement since the facility cannot obtain the final
occupancy permit until all code issues are signed off However the building inspectors are very busy and
have varying knowledge about the disability access portion of the building codes. Since access is about
2-3%of the complete inspection job errors can slip through. (ADA Build it right is dedicated to reducing
disability access inspection errors).
I have had good luck with my local building officials in correcting errors even soon after the project
received final inspection. But the best time to catch inspection omissions is before final inspection since
the inspectors have maximum power before the occupancy permit is issued. Individual citizens calling
the building department about a project must be specific and accurate in when communicating.
U.S. Department of Justice Enforcement:
Any individual may file a complaint with the US DOJ. ADA Build it Right strongly suggests that you
first contact the manager of the facility and in a friendly tone talk about the issue and see if it can be
resolved locally.
Complaints about violations of Title II by units of State and local government or violations of Title III
by public accommodations and commercial facilities (private businesses and non-profit service
providers) should be filed with the Department of Justice. If you file a DOJ complant, it is strongly
recommended that you specify the ADA Mediation Program. Through this program, the DOJ refers
appropriate ADA disputes to mediators at no cost to the parties. The mediators in the Department of
Justice program are professional mediators who have been trained in the legal requirements of the ADA
by the Key Bridge Foundation. The Department's program has already resolved many ADA disputes
quickly and effectively.
httnJ/allahnilfl rnm/Fnfnrrrm ant_Srnriina him] 11/22/2011
ADA Build Enforcement and Seeping Page 2 of 2
All complaints result in a letter to the facility in question from the DOJ stating that a complaint has been
filed and requests the site to voluntarily do what is necessary to comply with the specification in
question.
The complaint is filed in an DOJ database which is analyzed for persistent patters of non-compliance
by an organization or class of facility. Blatant non-compliance is aggressively investigated and
prosecuted. Mediation is used first. Usually both parties reach a"consent agreement" where specific
compliances are completed on a schedule rectifying. In rare cases a consent agreement is not reached in
which case the coints will adjudicate.
Consent agreements make interesting reading. http://www.usdoi.gov/crt/ada/settlemf.htrn Sometimes
finding a consent agreement on a specific issue and informing the non-compliant party will get action
more directly.
More Details are available at the following links.
Americans With Disabilities Act Accessibility Requirements
DOJ Guide to Disability Rights- a brief description of the categories of facilities the federal laws cover.
httn:Hadabuild.com/Enforcement-Scouine.htmi 11/22/2011
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rage r w.a
Most Common Constuetion Errors
The Current most Common Construction Errors urrder ADAAG(The7&7andardsvan Terry Associates would like to thank the follon�ICcyto Frequency Codes below serveGail Austin Susan Tus1.0 Always Wrong ICeffKatz2,0 Almost always wrong Don caiar+
Shannon McGurran �pnn 1-Tanks
3.0 Usually wrong Madison Mitchell Jim Terry,AIA
4.0 Often wrong Mark J.Mazz,AIA pan woosley,AIA
5,0 Sometimes wrong Steve McCormick,LA
Eef. Freq. ADAAG Sect. Common Error
No. .
303 (A) (1) & Misunderstanding ADA liabilities of contractors("...failure to design,
1 2.2 2) construct, alter, ... or maintain...")
2 7 4 01.2 (1 ,& (2) naecessible walks between buildings on one site
3 2.1 4.01.2 (7) ... Compliant signage.not provided at all locations re aired by the ADA
)mproper mix of standard height and low("accessible") drinking
4 2,9 4.01.3 (10) fountains
Controls and operating mechanisms such as thermostats mounted
l 2.8 4,01.3 (13) outside reach ranges s eeihed _
4A1.3 (2)/ Door closers that protrude below 8o inches AFF' (ex1cluding control
(6 3,$ 4.04.2 arm)
l-- 4.01,3 (7)/ ound door knobs on employee-only doors I
7 2.8 4.03.9
o directional signs to ace ces
_accessible entrances£turn inacsible
�4t01.3 (8)(d} entrances
Iterations to primary function areas without work on a path of travel
g 12.8 4.01.6 (2) serving the altered area
Jr Toilet morn/stall coat hooks and other accessories mounted outside
10 2.1 4,02.5/4.02.6 reach ran es —
t stairs serving areas of refuge wlth less than 48 inches clear
11 3.0 4,03.11:3 between handrails
Walks tvitlt running slopes> 5%not treated as ramps with proper
12 12.8 4.03.7 rails, edge Drotection, etc
13 2.7 r.03.7 Walks or cur ramp
s ps with cross slope=2% _
14 3.3 4,Q5117 Plaza, atio and poolside walks with more tban 2% cross slope
arlung spaces,ramps and curb ramps constructed with irregular
15 3.6 4;03.7/4.03.8 surfaces
elks or curb ramps with vertical joints more than 114 inches vertical
16 2,9 4.03.814.05.2 rise or 1/2" beveled
Counters & cabinets that protntde into an accessible route or
17 3,5 A.04 circulation ath>4 snches
;: ... 3/22/99
httpa/www.aJan... - nn/ada io£o/info/coerrors.html
r
04/07/1999 11::3b 01G-4l3-oJJ-J ap
Wall-hung protruding object hazards along cirealation paths(fire
18 3,0 4,04.1 extin uishers,boxes etc.
1 g 3 3 4.04.2 Stairs and escalators with unprotected undersides
20 4 1 4 05 1 Floor surfaces ins#alled which are not stable,firm and sii -resistant
21 3.9 4.05.1/4.05.2 Toilet room floors sloped>2%to floor drains
22 2.7 4.06.3 Accessible parkin areas not raded to within 2%of level
Accessible arkin s aces not stri ed'Properly
23 3.3 4.06.3
Diagonal.accessible parking spaces in one-way lots without access.
24 2.g 4.06.3/Fig. 9 aisles for both passenger and driver
3 3 Vertical signs not provided at aeecssibie arkin .s a
25 4 064 ces
,2 4.0 . Curb ram s with stee running slo a>8.33%
2 3
27 2 , 4 07 5 Curb ram s with stee Haired sides>10%
�8 W.3 4 08 4 12amps with slo ed and for im roperly sized landings
29 2 8 4 Og 5 o handrails on ramps,or handrails on one side only.
.09.3 Stairs with non-compliant nosing rofiies
30 3,7 4 5 4 09. Stairs Vr7th 1, .1i s that are not continuous on the interior side
31 3.
32 2, 4.13.10 Impro erly ad`usted and 1 or hi h-speed door closers
33 3,g 4.13,E Entrance doors without alevel a roach
Doors with limited maneuvering clearances at partitions,stairs,
34 3.0 4113.6 casework,millwork,etc.
35 4.3 4.13.9 oor hardware mounted too high
Standard-height drinking fountains which require>59 of force to
36 3.s 4.15.4/4.27.4 operate
ts
al
37 2.8 4.16.4/4.17 b I PrO erush controlsern ntedgtomthee narrowiside ofthe accessible stall
38- - 3.0 - 4.16,5-- .
--_ -
4,16/Fig. 28 & Toilets not centered 18"from adjacent wall
39 3.4 30
40 3.4 4.19.2/Fig. 31 Lavatories mounted with insufficient knee clearances underneath
41 2.8 4.19.4 n rotected lavato pipes in toilet rooms
42 2.5 4,20/4.21 Im ro er tub and/or shower installations
Accessible toilet rooms with inaccessible accessories(dispensers
43 2.9 4.22.7J4.23.7 mounted too hi b, etc.)
b'ire alarm systems without sufficiet or proper visual alarm signalling
44 2.8 4.28 devices
45 2.5 4.30.6 Impro er lacementofsigns
I 4.31.2 3. . Telephones mounted at the wrong heights or with sloping areas
46 I3.7 underneath
47 3,5 4.31.4 Tele hone cabinet or shelfunits mounted as rotrudin ob•ect hazards
5 Insufficient tele hones with volume controls
Sales and 1 or information counters which do not have an accessible
48 3. 4.31.5
49 1.9 7.2 section
SO 0 ,� o el 11`;lotal roams which do not rovide 32" clelr width into and'4g
,tn a nor- > 6Je muss MCI"
http://www.evanterry, ,co+*i/ada in o utYo/c errors. tmC'
A Guide to Disability Rights Laws Page 11 of 12
U.S.Architectural and Transportation Barriers Compliance Board
1331 F Street,N.W., Suite 1000
Washington,D.C. 20004-1111
www.acc es s-bo ard.go v
(800) 872-2253 (voice)
(800)993-2822 (TTY)
General Sources of Disability Rights Information
ADA Information Line
(800) 514-0301 (voice)
(800) 514-0383 (TTY)
www.ada.gov
Regional ADA and IT
Technical Assistance Centers
(800)949-4232(voice/TTY)
www.adata.om
Statute Citations
Air Carrier Access Act of 1986
49 U.S.C. §41705
Implementing Regulation:
14 CFR Part 382
Americans with Disabilities Act of 1990
42 U.S.C. §§ 12101 et seq.
Implementing Regulations:
29 CFR Parts 1630, 1602(Title I,EEOC)
28 CFR Part 35 (Title II,Department of Justice)
49 CFR Parts 27,37,38 (Title II,III,Department of Transportation)
28 CFR Part 36(Title III,Department of Justice)
47 CFR §§ 64.601 et seq.(Title IV,FCC)
Architectural Barriers Act of 1968
42 U.S.C. §§4151 et seq. -
Implementing Regulation:
41 CFR Subpart 101-19.6
Civil Rights of Institutionalized Persons Act
42 U.S.C. §§ 1997 et seq.
Fair Housing Amendments Act of 1988
42 U.S.C. §§ 3601 et seq.
http://www.ada.gov/cguide.htm 11/15/2011
A Guide to Disability Rights Laws Page 12 of 12
Implementing Regulation:
24 CFR Parts 100 et seq.
Individuals with Disabilities Education Act
20 U.S.C. §§ 1400 et seq.
Implementing Regulation:
34 CFR Part 300
National Voter Registration Act of 1993
42 U.S.C. §§ 1973gg et seq.
Section 501 of the Rehabilitation Act of 1973,as amended
29 U.S.C. § 791
Implementing Regulation:
29 CPR§ 1614.203
Section 503 of the Rehabilitation Act of 1973,as amended
29 U.S.C. § 793
Irnplementing Regulation:
41 CFR Part 60-741
Section 504 of the Rehabilitation Act of 1973,as amended
29 U`S.C. §794
Over 20 Implementing Regulations for federally assisted programs,including:
34 CFR Part 104(Department of Education)
45 CFR Part 84 (Department of Health and Human Services)
28 CFR§§42.501 et seq.
Over 95 Implementing Regulations for federally conducted programs,including:
28 CFR Part 39 (Department of Justice)
Section 508 of the Rehabilitation Act of 1973,as amended
29 U.S.C. § 794d
Telecommunications Act of 1996
47 U.S.C. §§255,251(a)(2)
Voting Accessibility for the Elderly and Handicapped Act of 1984
42 U.S.C. §§ 1973ee et seq.
last update:February 16,2006
htti)://www.ada.Rov/c2uide.htm 11/15/2011
Department of Justice ADA Guide for Small Towns Page 28 of 31
at each location must be accessible
Footnote
2 Private vendors and contractors should follow the ADA title III regulations which cover goods and,services provided by
private companies.For more information,see the ADA Guide for Small Businesses.
Part 'three: Resources
Department of Justice ADA Information
To help State and local governments, including small local governments, understand and
comply with the law,the Department of Justice established a technical assistance program
to answer questions about the ADA. The Department of Justice has a toll-free ADA
Information Line that provides access to ADA specialists during business hours. The ADA
Information Line also provides twenty-four hours a day access to a fax-on-demand system
for technical assistance materials that permits a caller to have the document sent to them by
fax. Orders for publications sent by mail may be made twenty-four hours a day on the
Information Line's voice mail system.
ADA Information Line-- 800-514-0301 voice and 800-514-0383 TTY
Another important source of ADA information is the Department's ADA Home Page on the
World Wide Web. This extensive web site provides access to ADA regulations, all
Department ADA technical assistance materials, including newly-released technical
assistance material,proposed changes in the ADA regulations, and access to Freedom of
Information Act materials including technical assistance letters. The web site also provides
links to other Federal agencies with ADA responsibilities.
ADA Home Page --www.ada.gov
The ADA and City Governments: Common Problems
A 9-page publication that compiles common problems with Title II compliance.
ADA Regulation for Title II, as printed in the Federal Register (7/26/91)
The Department of Justice's regulation implementing title II, subtitle A, of the ADA,which
prohibits discrimination on the basis of disability in the services,programs, and activities
provided by towns.
Title 11 Technical Assistance Manual (1993) and Supplements (Spanish edition available
by mail)
A 30-page manual explaining what State and local governments must do to ensure that their
services,programs, and activities are provided to the public in a non-discriminatory manner.
Gives practical examples.
httn•//ixmnv nrla anv/emtmvn htm 1-1/22/2011
Department of Justice ADA Guide for Small Towns Page 29 of 31
Department of Justice ADA Mediation Program
A 8-page publication describing the Department's ADA mediation program including
locations of ADA mediators, and examples of successful mediation efforts.
ADA Regulation for Title III, including the ADA Standards for Accessible Design.
ADA Information Services
A 2-page list with the telephone numbers and Internet addresses of Federal agencies and
other organizations that provide information and technical assistance to the:public about the .
ADA.
Enforcing the ADA: A Status Report from the Department of Justice
A quarterly report providing timely information about ADA cases and settlements, building
codes that meet ADA accessibility standards, and ADA technical assistance activities.
Commonly Asked Questions About the ADA and Law Enforcement
A 13-page publication explaining ADA requirements for ensuring that people with
disabilities receive the same law enforcement services and protections.
Access for 9-1-1 and Telephone Emergency Services
A 10-page publication explaining the requirements for direct, equal access to 9-1-1 for
persons who use teletypewriters (TTYs).
ADA Guide for Small Businesses
A 15-page booklet for businesses that provide goods and services to the public.
Other Federal Agencies and Federal Grantees Providing Information
Department of Transportation
Department of Transportation offers technical assistance on ADA provisions applying to
public transportation.
ADA Assistance Line for information,
questions and complaints
888-446-4511 (voice) --TTY: relay service
202-366-2285 (voice) -- 202-366-0153 (TTY)
Transportation- documents and questions
202-366-1656 (voice) -- TTY: use relay service
Transportation- legal questions
202-366-4011 (voice) -- TTY: use relay service
Internet address -- www.fta.dot.gov
ix++,.//ix� .,aA. htm 11/2.2/2011
Department of Justice ADA Guide for Small Towns Page 30 of 31
Equal Employment Opportunity Commission
Equal Employment Opportunity Commission offers technical assistance on the ADA provisions
applying to employment; also provides information on how to file ADA complaints.
Employment- questions
800-669-4000(voice)-- 800-669-6820 (TTY)
Employment- documents
800-669-3362 (voice) -- 800-800-3302 (TTY)
Internet address --www.eeoc.gov
Access Board
Access Board(or Architectural and Transportation Barriers Compliance Board) offers technical
assistance on the ADA Accessibility Guidelines.
Documents and questions
800-872-2253 (voice) -- 800-993-2822 (TTY)
Electronic bulletin board--202-272-5448
Internet address --www.access-board.gov
Department of Housing and Urban Development
Fair Housing.Act: for questions or publications call Department of Housing and Urban Development.
Fair Housing accessibility questions
202-708-2333 (voice) -- 202-708-4112 (TTY)
Fair Housing publications
800-767-7468 (voice) --TTY: use relay service
Internet address --www.hud.gov
Disability and Business Technical Assistance Centers (DBTACs)
Department of Education funds ten regional centers to provide technical assistance on the ADA.
800-949-4232 (voice/TTY)
Internet address -- www.adata.org
i
Job Accommodation Network
httn://www.ada.aov/smtown.htm 11/22/2011
Resolution: Parcel 68.-2-9.2
Whereas, the City of Ithaca owns parcel 68.-2-9.2 located on the south side of the 700 block of
East Seneca Street, and
Whereas, the aforementioned parcel was obtained by the City as an opportunity to acquire
green space, and
Whereas, the Superintendent of Public Works has indicated the parcel is not currently used for
City public works functions or purposes, and that the Superintendent does not anticipate a
need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 68.-2-9.2, unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
700 block East Seneca Street, Tax parcel 68.-2-9.2
This 0.17 acre parcel was acquired by the
City in 1982. The parcel is zoned R-3A.
The assessed value of the land is $50,000.
The parcel has remnants of a sidewalk and
play structure once part of the school. The
sidewalk runs from the North West corner
of the property to the center of the property
where it ends in an abruptp drop. The ..
antiquated playground equipment
constitutes an attractive nuisance and has
not apparently been maintained in
decades. The East side of the property
has some mature trees. The West side of
the property is used for parking by the
neighboring property without permission.
The parcel is abutted by multi-unit _
residential structures on similarly sized -
parcels. 705 East Seneca Street has an
assessed value of $400,000 which
generates approximately $5000 in property
taxes.
Revised 11/17/11 , tww - r `
Resolution: Parcel 93.-7-3
Whereas, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street, and
Whereas, the aforementioned parcel was obtained by the City with the intention of widening
West Spencer Street to accommodate two-way vehicular traffic, and
Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not
currently used for City public works functions or purposes, and that the Superintendent does
not anticipate a need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 93.-7-3, unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
Resolution: Parcel 93.-7-5.1
Whereas, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer Street, and
Whereas, the aforementioned parcel was obtained by the City with the intention of widening
West Spencer Street to accommodate two-way vehicular traffic, and
Whereas, the Superintendent of Public Works has indicated the remainder of the parcel is not
currently used for City public works functions or purposes, and that the Superintendent does
not anticipate a need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 93.-7-5.1 , unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
213 West Spencer Street, 215 West Spencer Street; Tax parcels 93.-7-3, 93.-7-5.1
These two properties are 0.47 acre
acquired by the City for widening West
Spencer Street to two lanes. The parcels
are zoned R-3b. The combined assessed
value is $124,000. _
R !
A
Prior to acquisition by the City the smaller
parcel had a single family wood frame
residence and the larger parcel had a 12 r"
unit wood frame apartment building. The -
parcels have street frontage on West —
Spencer Street as well as South Cayuga
Street. Although the property has a
dramatic elevation difference from
Spencer to Cayuga this did not preclude
its earlier uses.
220 West Spencer has a multi-unit
residential structure on a 0.21 acre parcel.
It has an assessed value of $350,000 r
which generates approximately $4,000 in ��
property taxes.
Update:
The Board of Public Works determined that these properties are not needed for City of
Ithaca public works purposes on November 9, 2011 . The City has already received
inquires regarding purchase of these properties.
Revised 11/17/11 , tww
Resolution: Parcel 122.-2-1
Whereas, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and
Whereas, the aforementioned parcel was obtained by the City with the intention of operating a
sewage pump station, and
Whereas, the Superintendent of Public Works has indicated the parcel is no longer used for
City public works functions or purposes, and that the Superintendent does not anticipate a
need to use this parcel for any such purpose in the foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of parcel 122.-2-1 , unless its continued ownership by the City is needed in order
to serve a non-public works function or purpose.
321 Elmira Road, Tax Parcel 122.-2-1
This 0.4 acre parcel is situated on the south
side of Elmira Road between Friendly's
Restaurant and the Honda dealership. The
parcel has an assessed value of $189,000. `
The small brick sewage pump station on this ., ,
parcel was recently de-commissioned. The ,
parcel has a curb cut on Elmira Road. There AM1
is a drainage ditch on the north side of the
property.
Update:
The Board of Public Works determined that this property is not needed for City of
Ithaca public works purposes on November 15, 2011 .
Revised 11/17/11 , tww
Resolution: Parcel 100.-2-1 .2
Whereas, the City of Ithaca owns parcel 100.-2-1 .2 located at the south end of Cherry Street,
and
Whereas, the aforementioned parcel was obtained by the City with the intention of expanding
the Cherry Street Industrial Park, and
Whereas, the Superintendent of Public Works recommends reserving a 40 foot wide
temporary (construction) easement and a concurrent 20 foot wide permanent easement for
extension of utilities, and
Whereas, the southerly portion of parcel 100.-2-1 .2 contains two designated wetlands of 0.45
acre and 0.32 acre, and
Whereas, the Superintendent of Public Works recommends reserving a twenty foot wide
easement for the purpose of extending a pedestrian path, concurrent with the aforementioned
utility easements, and
Whereas, the Superintendent of Public Works has indicated that, with the aforementioned
exceptions, the parcel is no longer used for City public works functions or purposes, and that
the Superintendent does not anticipate a need to use this parcel for any such purpose in the
foreseeable future, and
Whereas, continued City ownership of this parcel requires that the City incur expense for
maintenance, without the generation of revenue (e.g., in the form of property taxes) from it,
now be it
Resolved, that the Board of Public Works hereby determines that the aforementioned property
is not needed for City of Ithaca public works purposes, and, be it further
Resolved, that the Board of Public works hereby recommends that the Common Council
consider sale of approximately 6 acres of the northerly portion of parcel 122.-2-1 , unless its
continued ownership by the City is needed in order to serve a non-public works function or
purpose.
Cherry Street, Tax Parcel 100.-2-1 .2
The parcel at the end of Cherry Street contains 8.25 acres and is assessed at
$825,000. The property is bounded on the east by railroad property and on the west
by lands abutting Cayuga Inlet. This wooded parcel is generally flat. The southerly
end of the property contains two designated wetlands of 0.45 acre and 0.32 acre.
The neighboring 2.88 acre parcel at 240 Cherry Street has a land assessment of
$253,000 with a total assessment of $1 ,290,000; this generates over $16,000 in
property tax annually.
The site could be sub-divided into two parcels. Approximately 6 acres at the north end
of the property would provide a very attractive development parcel consistent with the
current industrial zoning designation. By sub-dividing the north portion as a single
parcel the City would have no obligation to extend the street or utilities beyond the end
of the current street. The City can retain easements along one or more of the
development parcel boundaries to complete the loop of water mains in the southern
part of the City (this is an ongoing, funded capital project).
The remaining acrerage at the south end of the property could encompass the two
larger wetlands. The City could also establish easements along one or more of the
development parcel boundaries concurrent with the water main easements to provide
public access to the wetlands without reducing the useful area of the development
parcel.
Revised 11/18/11 , tww
N
C1.0p0
CONTROL CHANNEL- CHERR' STREET
2.6 Ac.Parcel 5.7 Acre Parcel
i
®� IT1I,1C_ CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
OFFICE OF THE CITY ENGINEER
Telephone: 607/274-6530 Fax: 607/274-6587
To: Jennifer Dotson
From: Tom West, Assistant City Engineer
Date: November 17, 2011
Re: Divestiture of City-owned land
Proposal to divest
As a partial, but significant, mitigation for the City's financial crunch I have proposed that
the City divest of certain properties that are not utilized and have market value. The object
of this strategy is to reduce maintenance costs, generate income from the sale of the
property, return the property to the tax base and provide an opportunity to create jobs. On
October 19 1 presented approximately a dozen such properties. At the suggestion of Mayor
Peterson, the Board was asked to consider five properties.
Process
As I understand the process divestiture can be initiated at the recommendation of the
Superintendent. Based upon the Superintendent's recommendation, the Board of Public
Works considers whether there is a public works need for the property. If the BPW
determines that there is no public works need for the property the Board can recommend
divestiture to the Common Council. Council can then decide to divest of the property.
Disposal
Disposal of the property can happen in a number of ways. The property can be auctioned,
it can be sold to an individual at a negotiated price or it can be transferred to the Ithaca
Urban Renewal Agency for disposal. Each method has merits depending upon the
property and the end result that the City wishes to achieve. Each property should be
appraised and may require an updated survey or subdivision.
Properties considered by the BPW
The BPW is in the process of considering five properties; they are:
• 213 West Spencer Street
• 215 West Spencer Street
0 321 Elmira Road
• 700 block East Seneca Street
Cherry Street extension
The total assessed value of these five properties exceeds $1 ,000,000. If simply returned
to the tax roll these properties would generate $12,600 per year after sale. In some cases I
believe the assessed value exceeds the market value and in others it underestimates the
"An Equal Opportunity Employer with a commitment to workforce diversification."
market value. Given the development potential of these properties I think we could expect
a significantly greater property tax return that could make a significant dent in our financial
problem.
Public concern
There is no doubt that the public has deep concerns over the City's financial well-being.
Our constituents have an equally strong concern that government be a good steward of
public assets. A big concern is that the property should be developed in the best interest of
the community. This is important but we can not let our concern prevent us from making
good decisions. We can control the development of a property in a number of different
ways.
Method of sale
Properties can be disposed of by public bid. Interested parties can submit sealed bids for a
property and the bids opened in public. The highest bidder wins. This process can require
a minimum bid based upon a current appraisal. In the case of the Cataract (Fall Creek)
Fire Station bidders were required to include a description of their intention with the bid as a
qualification to bid. We can include deed restrictions which preclude certain uses of the
property to be conveyed. We can also rely upon zoning to limit the kind of development
allowed.
We can negotiate directly with an individual in cases where there is a direct relationship
between the buyer and the property which is for sale. For instance, I understand that we
could negotiate with the owner of a property if we were selling the immediately abutting city
land. This would be useful in disposing of pieces of right of way that are of no use to the
public but which are being used (by license) by the abutting owner. Again, we would rely
upon a current appraisal to set the price.
We can work with the Ithaca Urban Renewal Agency to achieve the kind of use that the
City intends. IURA can issue a request for proposals that will include a variety of criteria for
the project. These may include type of development, job creation, disadvantaged business
enterprise opportunities, targeted housing needs, etc. This process has been utilized
successfully many times in Ithaca.
There are likely other methods of sale that Planning and Development could propose.
Proposed Resolutions
Planning and Economic Develop Committee, December 21, 2011
Recommendations to Divest Unused City Property
Resolution: Parcel 93.-7-3 — 213 West Spencer Street
WHEREAS, the City of Ithaca owns parcel 93.-7-3 located at 213 West Spencer Street,
and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
widening West Spencer Street to accommodate two-way vehicular traffic, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not
currently used in any way for City public works functions or purposes, and that he does
not anticipate a need to use this parcel for any such purpose in the foreseeable future,
and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 93.-7-3, unless its
continued ownership by the City is needed in order to serve a non-public works function
or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, That the Common Council hereby recommends the sale of parcel 93.-7-3
located at 213 West Spencer Street in the City of Ithaca.
Resolution: Parcel 93.-7-5.1 — 215 West Spencer Street
WHEREAS, the City of Ithaca owns parcel 93.-7-5.1 located at 215 West Spencer
Street, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
widening West Spencer Street to accommodate two-way vehicular traffic, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not
currently used in any way for City public works functions or purposes, and that he does
not anticipate a need to use this parcel for any such purpose in the foreseeable future,
and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 93.-7-5.1 unless its
continued ownership by the City is needed in order to serve a non-public works function
or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, That the Common Council hereby recommends the sale of parcel 93.-7-
5.1 located at 215 West Spencer Street in the City of Ithaca.
Resolution: Parcel 122.-2-1 — 321 Elmira Road
WHEREAS, the City of Ithaca owns parcel 122.-2-1 located at 321 Elmira Road, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
operating a sewage pump station, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not
currently used in any way for City public works functions or purposes, and that he does
not anticipate a need to use this parcel for any such purpose in the foreseeable future,
and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 122.-2-1 unless its
continued ownership by the City is needed in order to serve a non-public works function
or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, that the Common Council hereby recommends the sale of parcel 122.-2-1
located at 321 Elmira Road in the City of Ithaca.
Resolution Parcel 100.-2-1.2 — Cherry Street
WHEREAS, the City of Ithaca owns parcel 100.-2-1.2 located at the south end of Cherry
Street, and
WHEREAS, the aforementioned parcel was obtained by the City with the intention of
expanding the Cherry Street Industrial Park, and
WHEREAS, the aforementioned parcel has not yet been developed by the City, and
WHEREAS, staff recommends reserving a 40 foot wide temporary (construction)
easement and a concurrent 20 foot wide permanent easement for extension of utilities,
and
WHEREAS, staff recommends reserving a twenty foot wide easement for the purpose
of extending a pedestrian path, concurrent with the aforementioned utility easement,
and
WHEREAS, the southerly portion of parcel 100.-2-1.2 contains two designated wetlands
of 0.45 acre and 0.32 acre, and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 100.-2-1.2 unless
its continued ownership by the City is needed in order to serve a non-public works
function or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, and
WHEREAS, the Board of Public Works recommended that the City divest of up to five
and six tenths acres of the northerly portion of parcel 100.-2-1.2 located at the south
end of Cherry Street exclusive of the aforementioned designated wetlands, now
therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, that the Common Council hereby recommends the sale of up to five and
six tenths acres of the northerly portion of parcel 100.-2-1.2 located at the south end of
Cherry Street in the City of Ithaca, exclusive of the aforementioned designated
wetlands.
Resolution: Parcel 68.-2-9.2 — 700 Block East Seneca Street
WHEREAS, the City of Ithaca owns parcel 68.-2-9.2 located on the south side of the
700 block of East Seneca Street, and
WHEREAS, the aforementioned parcel was obtained by the City as an opportunity to
acquire green space, and
WHEREAS, the aforementioned parcel has not been developed or maintained or
designated as park, and
WHEREAS, the Superintendent of Public Works has indicated that this parcel is not
currently used in any way for City public works functions or purposes, and that he does
not anticipate a need to use this parcel for any such purpose in the foreseeable future,
and
WHEREAS, on November 16, 2011, the Board of Public Works determined that the
aforementioned property is not needed for City of Ithaca public works purposes and
recommended that the Common Council consider the sale of parcel 93.-7-3, unless its
continued ownership by the City is needed in order to serve a non-public works function
or purpose, and
WHEREAS, continued City ownership of this parcel requires that the City incur expense
for maintenance, without the generation of revenue (e.g., in the form of property taxes)
from it, now therefore be it
RESOLVED, that the Common Council hereby determines that the aforementioned
property is not needed in order to serve a non-public works function or purpose, and be
it further
RESOLVED, that the Common Council hereby recommends the sale of parcel 68.-2-
9.2, located on the 700 block of East Seneca Street in the City of Ithaca.
40 CITY OF ITHACA
108 East Green Street—3rd Floor Ithaca,New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH,DIRECTOR OF PLANNING&DEVELOPMENT
PHYLLISA A. DeSARNO,DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning&Development—607-274-6550 Community Development/IURA—607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning & Economic Development Committee
From: Lynn C. Truame, Historic Preservation Planner
Date: January 4, 2012
RE: Proposal to Amend City of Ithaca Landmarks Preservation Ordinance
The purpose of this memo is to provide information regarding the proposal to amend the City of
Ithaca Landmarks Preservation Ordinance. The proposed ordinance would revise the City's
existing Landmarks Preservation Ordinance to better effectuate the goals of the ordinance, to
increase the clarity of the process for applicants, and to improve the efficiency of the process for
applicants and staff. It would repeal the existing Chapter 228, Landmarks Preservation, and
replace it with a new Chapter 228, Landmarks Preservation, within the City Municipal Code. It
would also amend Chapter 73, Landmarks Preservation Commission, to coordinate its content
with the new Chapter 228.
The proposed revisions to the Landmarks Preservation Ordinance include the following changes:
...to Better Effectuate the Goals of the Ordinance
• addition of a new requirement for, and detailed description of, an Early Design Guidance
process, affecting large projects; and
• addition of a new sub-section referencing the existing Property Maintenance Code of
New York State, which requires appropriate maintenance and repair of properties to
prevent their physical deterioration; and
• deletion of the current City Improvements sub-section and addition of the requirement
that all changes to City-owned property affecting a landmark or located within an historic
district be subject to the provisions of the landmarks ordinance; and
• addition of a new requirement that public notice of the application for a Certificate of
Appropriateness be posted on the subject property for a period of ten days prior to the
public hearing at which the application will be considered.
to Improve Efciency
• replacement of the requirement for two members of the Commission to specifically
represent the cultural interests of the community and two members to specifically
represent the commercial interests of the community with the less stringent requirement
i
that those four members simply represent the community at large, with preference being
given to individuals representing the commercial interests of the community in filling
two of the four at-large seats; and
• broadening the permissible charge of Commission sub-committees to include any
assignment delegated by the full Commission, rather than restricting that charge solely to
review and action upon Certificates of Appropriateness.
to Improve Clarity
• creation, and detailed explanation of the process for, an action titled Finding of Economic
Hardship that replaces the issuance of a Certificate of Appropriateness on Appeal as the
basis for permitting demolition or exterior alterations for which the Commission has
previously denied a Certificate of Appropriateness; and
• creation of a sub-section explicitly stating that in ruling on Certificates of
Appropriateness the Commission is guided by the Secretary of the Interior's Standards
for Rehabilitation; and
• insertion of new language extending the deadline for Commission action on Certificates
of Appropriateness when environmental review for a project is also required; and
• addition of a new sub-section creating an expiration date for Certificates of
Appropriateness and a process for extensions.
The Planning and Development Board considered the proposed changes to the Landmarks
Ordinance at their December 20, 2011, meeting, and provided suggested revisions, which have
been incorporated into the current version of the proposed Ordinance. Two changes that were
proposed by the Planning and Development Board have not been made. There was a suggestion
that the Ordinance specifically indicate that "designed landscapes" may be designated as historic
properties. This change has not been made because the Ordinance currently states that any
property that satisfies the applicable criteria for designation may be designated and this would
include designed landscapes. There was also a suggestion that the Secretary of the Interior's
Standards for Rehabilitation be included in their entirety in the Ordinance, rather than simply
being referenced. This change was not made for reasons of consistency. The State of New York
Property Maintenance Code is also referenced in the Ordinance, but is not included in its
entirety. The Secretary's Standards are readily available online, where they are accompanied by
illustrated guidelines for their application.
Staff will attend the Planning & Economic Development Committee meeting on Wednesday,
January 18, 2012, to answer any questions you may have. You may also contact me at 274-6555
or ltruamekcityofithaca.org.
2
Proposed Resolution
Planning & Economic Development Committee
January 18, 2012
An Ordinance to Amend the Municipal Code of the City of Ithaca to Amend Chapter 73,
"Landmarks Preservation Commission" and Repeal and Replace Chapter 228,
"Landmarks Preservation"—Declaration of Lead Agency for Environmental Review
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 amendment of Chapter 73, "Landmarks Preservation Commission"
and the proposed repeal and replacement of Chapter 228, "Landmarks Preservation", 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 amendment of Chapter 73, "Landmarks Preservation
Commission" and the repeal and replacement of Chapter 228, "Landmarks Preservation".
J:\GROUPS\Ithaca Landmarks Preservation Commission\Ordinance Revisions\Docs for Planning Committee\for
January 2012\LeadAgencyRes_LandmarksOrd_1_4_2012.doc
01/04/12
Proposed Resolution
Planning Committee
January 18, 2012
An Ordinance to Amend the Municipal Code of the City of Ithaca to Amend
Chapter 73, "Landmarks Preservation Commission" and Repeal and Replace
Chapter 228, "Landmarks Preservation" — Determination of Environmental
Significance
WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in
order to amend Chapter 73 "Landmarks Preservation Commission" and to repeal and
replace Chapter 228, "Landmarks Preservation," and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form(SEAF), dated November 1,
2011, and
WHEREAS, the proposed amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239-1—m of the New York State General Municipal
Law,which requires that all actions within 500 feet of a county or state facility, including
county and state highways,be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an "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 SEAF 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 Short Environmental
Assessment Form, dated November 1, 2011, 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.
CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF)
Project Information: To be completed by applicant or project sponsor.
1. Applicant/Sponsor: 2. Project Name: City of Ithaca Landmarks
City of Ithaca Preservation Ordinance Revisions
3. Project Location: Citywide
4. Is Proposed Action:
❑New O Expansion 9 Modification/Alteration
5. Describe project briefly:
Revisions to Chapters 73 and 228 of the Municipal Code, the Landmarks Preservation
Ordinance.
6. Precise Location(road intersections,prominent landmarks, etc., or provide map):
Citywide
7. Amount of Land Affected:
Initially: 6.1 square miles. Ultimately: 6.1 square miles.
8. Will proposed action comply with existing zoning or other existing land use
restrictions?
❑O Yes ❑ No If no, describe briefly:
9. What is present land use in vicinity of project:
O Residential ❑x Industrial ❑ Agricultural ❑X Parkland/Open Space
NCommercial ❑ Other Describe:
10. Does action involve a permit/approval or funding, now or ultimately, from
governmental agency (federal/state/local): ❑ Yes ❑x No
If yes, list agency name and permit/approval type:
11. Does any aspect of the action have a currently valid permit or approval?
❑ Yes ONo
If yes, list agency name and permit/approval type:
12. As a result of proposed action,will existing permit/approval require modification?
❑ Yes Z No
I certify the information provide b is true to the best ofmy knowledge.
a
PREPARER'S SIGNATURE: DATE: 11/1/11
PREPARER'S TITLE: Historic reservation &Neighborhood Planner
REPRESENTING: City of Ithaca
jAgroups\ithaca landmarks preservation commission\ordinance revisions\seaflcity seaf form-ordinance revisions.doc
SHORT ENVIRONMENTAL ASSESSMENT FORM
Part II
To Be Completed By Staff
In order to answer the questions in this Short Environmental Assessment Form(SEAF),the preparer is to use
currently available information concerning the project and the likely impacts of the action.
ante of Project: City of Ithaca Landmarks Preservation Ordinance Revisions
Yes No
1. Will project result in a large physical change to the project site or physically alter ❑ x
more than one acre of land?
2. Will there be a change to any unique or unusual land form found on the site or to any ❑ x
site designated a unique natural area or critical environmental area by a local or state
agency?
3. Will the project alter or have any effect on an existing waterway? ❑ x
4. Will the project have an impact on groundwater quality? ❑ x
5. Will the project affect drainage flow on adjacent sites? ❑ x
6. Will the project affect any threatened or endangered plant or animal species? ❑ x
7. Will the project result in an adverse effect on air quality? ❑ x
8. Will the project have an effect on visual character of the community or scenic views ❑ x
or vistas known to be important to the community:
9. Will the project adversely impact any site or structure of historic, pre-historic, or ❑ x
paleontological importance or any site designated a local landmark or in a landmark
district?
10. Will the project have an effect on existing or future recreational opportunities? ❑ x
11. Will the project result in traffic problems or.cause a major effect to existing ❑ x
transportation systems?
12. Will the project cause objectionable odors, noise, glare,vibration, or electrical ❑ x
disturbance as a result of the projects operation during construction or after
completion?
13. Will the project have any impact on public health or safety? ❑ x
14. Will the project affect the existing community by directly causing a growth in ❑ x
permanent populations of more than 5 percent over a one-year period OR have a
negative effect on the character of the community or neighborhood?
15. Is there public controversy concerning the project? ❑ x
If any question has been answered YES, a ompleted Full Environmental Assessment Form(FEAF) is
necessary.
d
PREPARER'S SIGNATURE: DATE: I I/1/11
PREPAREWS TITLE: Historic servation &Neighborhood Planner
REPRESENTING: City of Ithaca
j:\groups\ithaca landmarks preservation commission\ordinance revisions\seat\seaf part ii-ordinance revisions.doc
ILPC Meeting— 11/8/11
Resolution—RC
RESOLUTION: Moved by M. McGandy, seconded by N. Brcak
WHEREAS, Chapters 73 ("Landmarks Preservation Commission") and 228 ("Landmarks
Preservation") of the City Municipal code, collectively known as the Landmarks
Preservation Ordinance,were first enacted in 1975 and have since been
periodically amended, most recently in 1998, and
WHEREAS, substantial revisions to Chapter 228 and certain related changes to Chapter 73
have recently been suggested, including the following:
1. replacement of the requirement for two members of the Commission
to specifically represent the cultural interests of the community and
two members to specifically represent the commercial interests of the
community with the less stringent requirement that those four
members simply represent the community at large;
2. relocation of the sub-section that enumerates the powers and duties
of the commission from Chapter 228 to Chapter 73;
3. broadening the permissible charge of Commission sub-committees to
include any assignment delegated by the full Commission, rather than
restricting that charge solely to review and action upon Certificates of
Appropriateness;
4. relocation of the sub-section requiring the cooperation of city
departments from Chapter 228 to Chapter 73;
5. general reorganization of Chapter 228 to improve clarity;
6. elimination of a separate definitions sub-section and incorporation of
definitions, as needed,into the text of the ordinance itself;
7. creation, and detailed explanation of the process for, an action titled
Finding of Economic Hardship that will be the basis for permitting
demolition or exterior alterations for which the Commission has
previously denied a Certificate of Appropriateness;
8. deletion of the current City Improvements sub-section and addition
of the requirement that all changes to City-owned property affecting
a landmark or located within an historic district be subject to the
provisions of the landmarks ordinance;
9. creation of a sub-section explicitly stating that the basis for decisions
by the Commission in ruling on Certificates of Appropriateness is the
Secretary of the Interior's Standards for Rehabilitation;
10. insertion of new language extending the deadline for Commission
action on Certificates of Appropriateness when environmental review
for a project is also required;
11. addition of a new sub-section creating an expiration date for
Certificates of Appropriateness and a process for extensions;
12. addition of a new requirement for, and detailed description of, an
Early Design Guidance process, affecting large projects; and
ILPC Meeting—
Resolution—RB
13. addition of a new sub-section requiring appropriate maintenance and
repair of properties to prevent their physical deterioration; and
WHEREAS, these revisions are intended to better effectuate the goals of the Landmarks
Preservation Ordinance,namely to:
1. Promote the educational, cultural, economic, and general welfare of
the public through the protection, enhancement, and perpetuation of
landmarks and districts of historic and cultural significance;
2. Safeguard the city's historic, aesthetic, and cultural heritage by
preserving landmarks and districts of historical and cultural
significance;
3. Stabilize and improve property values;
4. Foster civic pride in the legacy of beauty and achievements of the
past;
5. Protect and enhance the city's attractions to tourists and visitors and
the support and stimulus to business thereby provided;
6. Strengthen the economy of the city; and
7. Promote the use of landmarks and districts of historic and cultural
significance as sites for the education,pleasure, and welfare of the
people of the city; and
WHEREAS, the ILPC has reviewed the proposed revisions to the ordinances and finds that
said revisions will,in fact,better effectuate the goals of the Landmarks
Preservation Ordinance as stated above, now therefore be it
RESOLVED, that the ILPC supports the proposed revisions to Chapters 73 and 228 of the
City Municipal Code, and be it further
RESOLVED, that the ILPC recommends the adoption of said revisions by the Common
Council.
RECORD OF VOTE: 5-0-0
Yes No Abstain
M. McGandy
N. Brcak
E. Finegan
D. Kramer
S. Stein
2
An Ordinance Amending the Municipal Code of the City Of Ithaca to
Amend Chapter 73, Entitled "Landmarks Preservation Commission"
WHEREAS, Chapter 73 of the Municipal Code of the City of Ithaca,
Landmarks Preservation Commission, was first enacted in 1975 and
was amended in 1984, and
WHEREAS, amendments to Chapter 73 have been proposed, the purpose
of which are to coordinate the content of Chapter 73 with the
content of Chapter 228, "Landmarks Preservation", now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, as follows :
ORDINANCE NO.
Section 1. Chapter 73, Landmarks Preservation Commission, of the
Municipal Code of the City of Ithaca is hereby amended, to read
as follows :
§73-1 Establishment.
To effectuate the goals of Chapter 228, Landmarks
Preservation, there is hereby established in and for
the City of Ithaca a Commission to be known as the
"Ithaca Landmarks Preservation Commission. "
§73-2 Membership, Appointment, and Compensation.
A. Membership. The Commission shall consist of seven
members.
B. Appointment. Members of the Commission shall be
appointed by the Mayor with the advice and consent
of the Common Council. Three members shall be
selected, each of whom shall possess professional
qualifications evidencing expertise in historic
preservation, architecture, city planning or
building construction. The four remaining members
shall be selected to represent the community at
large. In filling two of these four at-large
seats, preference will be given to individuals who
represent the commercial interests of the
community.
C. Terms. The original appointments of the members of
the Commission shall be three for one year, two for
two years and two for three years from January
following the year of such appointment, or until
their successor is named to serve out the unexpired
portion of their term of appointment, or until
their successor is appointed to serve for the term
of three years .
D. Vacancies. Vacancies occurring in the Commission
other than by expiration of term of office shall be
filled by appointment by the Mayor, but such
appointment shall be only for the unexpired portion
of the term of the member replaced.
I
E. Reappointment. Members may serve for more than one
term, and each member shall serve until the
appointment of a successor.
F. Method of selection to fill vacancies . Vacancies
shall be filled by the Mayor according to the
original selection as aforesaid.
G. Compensation. Members shall serve without
compensation.
H. Quorum. A majority of the Commission shall
constitute a quorum for the transaction of
business .
§73-3 Organization.
A. Officers . The Landmarks Preservation Commission
shall elect from its membership a Chairperson and a
Vice Chairperson, whose terms of office shall be
fixed by the Commission. The Chairperson shall
preside over the Commission and shall have the
right to vote. The Vice Chairperson shall, in cases
of absence or disability of the Chairperson,
perform the duties of the Chairperson.
B. Secretary. The Director of Planning and
Development or his/her designee shall serve as the
Secretary to the Commission. The Secretary shall
keep a record of all resolutions, proceedings, and
actions of the Landmarks Preservation Commission,
and shall have the authority to act as provided for
in §228-6C of the City Municipal Code.
§73-4 Powers and Duties.
The powers of the Commission shall include:
A. Adoption of criteria for the identification of
significant historic, architectural, and cultural
landmarks and for the delineation of historic
districts;
B. Conduct of surveys of significant historic,
architectural, and cultural landmarks and historic
districts within the city;
C. Designation of identified structures or resources
as landmarks and historic districts;
D. Adoption of criteria for the evaluation of
applications for a Certificate of Appropriateness;
E. Approval or disapproval of proposals for exterior
change resulting in applications for a Certificate
of Appropriateness pursuant to §228-4 and §228-5 of
the City Municipal Code;
F. Making recommendations to the City concerning the
acquisition of fagade easements or other interests
in real property as necessary to carry out the
purposes of §228-2 of the City Municipal Code;
G. Increasing public awareness of the value of
historic, cultural, and architectural preservation
by developing and participating in public education
programs;
2
H. Making recommendations to the City concerning the
utilization of state, federal, or private funds to
promote the preservation of landmarks and historic
districts within the city;
I . Recommending acquisition of a landmark structure by
the City where its preservation is essential to the
purposes of §228-2 of the City Municipal Code and
where private preservation is not feasible;
J. Preparation of a report or recommendation to other
City boards and committees regarding plans and
proposals that could have an impact on locally
designated landmarks and/or historic districts.
§73-5 Promulgation of Rules; Meetings.
The Commission shall adopt rules for the transaction
of its business, which shall provide for the time and
place of holding regular meetings. Regular meetings
shall be held at least once each month. The
Commission' s rules shall provide for the calling of
special meetings by the Chairperson or by at least
three members of the Commission. All regular or
special meetings of the Commission shall be open to
the public, and any person shall be entitled to appear
and be heard on a matter before the Commission before
it reaches its decision.
§73-6 Records and Annual Report.
The Commission shall keep a record, which shall be
open to the public view, of its resolutions,
proceedings and actions . The vote or failure to vote
of each member shall be recorded. The concurring
affirmative vote of a majority of those members
present shall constitute approval of plans before it
for review or for the adoption of any resolution,
motion or other action of the Commission. The
Commission shall submit an annual report of its
activities to the Mayor and Common Council and make
such recommendations to the Common Council as it deems
necessary to carry out the purposes of this chapter
and Chapter 228, Landmarks Preservation.
§73-7 Committees.
The Landmarks Preservation Commission may, by rule,
establish permanent or ad hoc committees for
assignments delegated by the full Commission.
§73-8 Cooperation of City Departments.
As an aid toward cooperation in matters which concern
the integrity of the designated landmarks and historic
districts, all City departments shall, upon request,
furnish to the Landmarks Preservation Commission,
within a reasonable time, the available maps, plans,
reports and statistical or other information the
Commission may require for its work.
3
An Ordinance Amending the Municipal Code of the City Of Ithaca to
Repeal and Replace Chapter 228, Entitled "Landmarks Preservation"
WHEREAS, Chapter 228 of the Municipal Code of the City of Ithaca,
Landmarks Preservation, was first enacted in 1975 and has since
been periodically amended, most recently in 1998, and
WHEREAS, substantial revisions to, and reorganization of, Chapter
228 have been proposed, the purpose of which are to better
effectuate the goals of the Landmarks Preservation Ordinance, to
improve efficiency in carrying out such goals, and to improve the
clarity of the Ordinance, and
WHEREAS, given the extent of the changes proposed it would be
impractical to accomplish such revisions by amendment, now
therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, as follows :
ORDINANCE NO.
Section 1 . Chapter 228, Landmarks Preservation, of the Municipal
Code of the City of Ithaca is hereby repealed.
Section 2. A new chapter (Chapter 228) , entitled "Landmarks
Preservation", is hereby added to the Municipal Code of the City
of Ithaca, to read as follows :
§ 228-1. Title.
This chapter shall be known and may be cited as the
"City of Ithaca Landmarks Preservation Ordinance. "
§ 228-2. Purpose.
The purpose of this chapter is to:
A. Promote the educational, cultural, economic and
general welfare of the public through the
protection, enhancement and perpetuation of
landmarks and districts of historic and cultural
significance.
B. Safeguard the city' s historic, aesthetic and
cultural heritage by preserving landmarks and
districts of historical and cultural significance.
C. Protect the value of historic properties and their
owners' investment in them, and stabilize historic
neighborhoods.
D. Foster civic pride in the legacy of beauty and
achievements of the past.
E. Protect and enhance the city' s attractions to
tourists and visitors and the support and stimulus
to business thereby provided.
F. Strengthen the economy of the city.
1
G. Promote the use of landmarks and districts of
historic and cultural significance as sites for the
education, pleasure and welfare of the people of
the city.
§ 228-3. Designation of Landmarks or Historic Districts.
A. As set forth in §73-4, the Ithaca Landmarks
Preservation Commission is responsible for the
designation of identified structures or resources
as landmarks and historic districts within the
city.
B. The Ithaca Landmarks Preservation Commission may
designate an individual property as a landmark if
it.
1 . Possesses special character or historic or
aesthetic interest or value as part of the
cultural, political, economic, or social
history of the locality, region, state, or
nation; or
2 . Is identified with historically significant
person (s) or event (s) ; or
3. Embodies the distinguishing characteristics of
an architectural style; or
4 . Is the work of a designer whose work has
significantly influenced an age; or
5. Represents an established and familiar visual
feature of the neighborhood by virtue of its
unique location or singular physical
characteristics.
C. The Ithaca Landmarks Preservation Commission may
designate a group of properties as an historic
district if the group:
1 . Contains primarily properties which meet one
or more of the criteria for designation of a
landmark; and
2 . Constitutes a distinct section of the city by
reason of possessing those qualities that
would satisfy such criteria.
D. Notice of a proposed designation shall be sent to
the owner or owners of the property or properties
proposed for designation, describing the property
proposed, or if in a district, the proposed
district boundary, and announcing a public hearing
by the Commission to consider the designation.
Where the proposed designation involves so many
owners that individual notice is infeasible, notice
may instead be published at least once in the
City' s official newspaper at least 15 days prior to
the date of the public hearing. Once the
Commission has issued notice of a proposed
designation, no building permits or demolition
permits shall be issued by the Building
Commissioner until the Commission has made its
decision.
2
E. The Commission shall hold a public hearing prior to
designation of any landmark or historic district.
Notice of the public hearing shall be published at
least once in the City' s official newspaper at
least 15 days prior to the date of the public
hearing. The notice shall specify the time and
place of the public hearing, a brief description of
the proposed designation, and the location where
the proposal may be reviewed prior the hearing.
The Commission, property owners, and any interested
parties may present testimony or documentary
evidence at the hearing which will become part of a
record regarding the historic, architectural, or
cultural importance of the proposed landmark or
historic district. The record may also contain
staff reports, public comments, expert testimony,
or other evidence offered outside of the hearing.
F. Within seven days after such designation of a
landmark or historic district, the Commission shall
file a copy of such designation with the Planning
and Development Board and with Common Council.
G. Within 60 days of designation by the Commission,
the Planning and Development Board shall file a
report with Common council with respect to the
relation of such designation to the Comprehensive
Plan, the zoning laws, projected public
improvements, and any plans for the renewal of the
site of area involved. The Council shall, within
90 days of said designation, approve, disapprove,
or refer back to the Commission for modification.
H. Any designation approved by the Council shall be in
effect on and after the date of approval by
Council. The Commission shall forward notice of
each property designated as a landmark and the
boundaries of each designated historic district to
the Building Commissioner and the City Clerk for
recordation.
§ 228-4 . Certificate of Appropriateness for Alteration,
Demolition, or New Construction Affecting Landmarks or
Historic Districts.
As set forth in §73-4, the Ithaca Landmarks
Preservation Commission is responsible for the
approval or disapproval of proposals for exterior
changes to a designated historic property. No person
shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction, or
moving of a landmark or property within an historic
district, nor shall any person make any change in the
exterior appearance of such property, its site, its
light fixtures, signs, sidewalks, fences, steps,
paving, or other exterior elements, without first
obtaining a Certificate of Appropriateness or Finding
of Economic Hardship from the Ithaca Landmarks
Preservation Commission, or obtaining approval by the
3
Commission' s Secretary pursuant to §228-6 C. All
changes to City-owned property affecting a landmark or
within an historic district shall be subject to the
provisions of this ordinance.
§228-5. Criteria for Approval of a Certificate of
Appropriateness.
A. The Commission shall approve the issuance of a
Certificate of Appropriateness only if it
determines that the proposed work will not have a
substantial adverse effect on the aesthetic,
historical, or architectural significance and value
of either the landmark, or if the proposed work is
within an historic district, of the neighboring
properties in such district. In making this
determination, the Commission will be guided by the
Secretary of the Interior' s Standards for
Rehabilitation.
B. In passing upon an application for a Certificate of
Appropriateness, the Landmarks Preservation
Commission shall not consider changes to interior
spaces or to exterior paint colors.
§228-6. Certificate of Appropriateness Application
Procedure.
A. Prior to the commencement of any work requiring a
Certificate of Appropriateness, the owner shall
file an application for a building permit with the
Building Department and an application for such
Certificate with the Commission. The application,
available on the City' s website and through the
Department of Planning & Development, shall
contain:
1 . Building permit application number, as
assigned by the Building Department
2 . Name, mailing address, email address, and
telephone number of the applicant;
3. Location and photographs of the property;
4 . Elevation drawings of proposed changes, if
available;
5. Perspective drawings, including relationship
to adjacent properties, if available;
6. Samples of building materials to be used,
including their proposed color;
7 . Where the proposal includes signs or
lettering, a scale drawing showing the type of
lettering to be used, all dimensions and
colors, a description of materials to be used,
method of illumination, and a plan showing the
sign' s location on the property;
8 . Any other information that the Commission may
deem necessary in order to visualize the
proposed work.
B. No building permit shall be issued for the proposed
work until a Certificate of Appropriateness has
4
first been issued by the Commission. The
Certificate of Appropriateness required by this
chapter shall be in addition to and not in lieu of
any building or other permit that may be required
by any other ordinance of the City of Ithaca.
C. The Commission may delegate to the Commission' s
Secretary the authority to:
1 . Determine whether proposed work requires a
Certificate of Appropriateness;
2 . Determine whether proposed work constitutes
ordinary maintenance and repair for which a
Certificate of Appropriateness is not
required;
3. Approve work that is considered replacement-
in-kind.
D. Upon application for a Certificate of
Appropriateness, a public notice of the proposal
shall be posted by the owner or owner' s
representative on the property for a minimum of 10
days . This notice must remain in place until a
decision to approve or deny the Certificate of
Appropriateness has been made. The notice shall
specify the proposed work, the time and place of
the public hearing, and to whom and by when any
public comments are to be communicated. The notice
must be placed at or near the property line in the
front yard so that it will be plainly visible from
the street, and, in cases where a property has
frontage on more than one street, an additional
sign must be placed at or near the property line on
any additional street frontage so that the sign
will be plainly visible from the street on which it
has such additional frontage.
E. The Commission shall hold a public hearing prior to
rendering a decision on any application for a
Certificate of Appropriateness . Notice of the
public hearing shall be published at least once in
the City' s official newspaper at least 5 days prior
to the public hearing. The notice shall specify
the time and place of the public hearing, a brief
description of the proposal, and the location where
the proposal may be reviewed prior to the hearing.
The property owner and any interested party may
present testimony or documentary evidence regarding
the proposal at the hearing, which will become a
part of the record. The record may also contain
staff reports, public comments, and other evidence
offered outside of the hearing.
F. The Commission shall approve, deny, or approve with
conditions or modifications the Certificate of
Appropriateness within 45 days from the completion
of the public hearing, except as noted below. The
failure of the Commission to act within 45 days
from the completion of the public hearing, unless
an extension is mutually agreed upon in writing by
5
the applicant and the Commission, shall be deemed
to constitute approval .
1 . In the event, however, that the Commission
shall make a finding of fact that the
circumstances of a particular application
require further time for additional study and
information than can be obtained within the
aforesaid 45-day period, then the Commission
shall have a period of up to 90 days within
which to act upon such an application.
2 . In the event, however, that environmental
review of an application is required, the
Commission shall approve, deny, or approve
with conditions or modifications the
Certificate of Appropriateness within 65 days
from the completion of environmental review.
The failure of the Commission to act within 65
days from the completion of the environmental
review, unless an extension is mutually agreed
upon in writing by the applicant and the
Commission, shall be deemed to constitute
approval.
G. All decisions of the Commission shall be in
writing. A copy shall be sent to the applicant by
mail, and a copy filed with the Building
Commissioner and City Clerk for public inspection,
within 30 days of the date of the decision. The
Commission' s decisions shall state the reasons for
denying or modifying any application.
§228-7. Expiration of Approval; Extension of Approval
If the construction of a project approved for a
Certificate of Appropriateness has not commenced
within two years of the date of the approval, such
approval shall expire, unless an extension has been
granted by the Ithaca Landmarks Commission following a
written request by the applicant. An application for
an extension of Certificate of Appropriateness
approval shall not be considered a new Certificate of
Appropriateness application.
§228-8. Early Design Guidance.
A. Large projects that could potentially have a
significant impact on a local landmark or historic
district are required to participate in the Early
Design Guidance process. The purpose of this
process is to provide input from the Commission on
the design of the project as it relates to criteria
for the approval of a Certificate of
Appropriateness at a time when such input may
readily be incorporated into the design without
adversely affecting design costs or the project
schedule.
6
B. For the purposes of this chapter, large projects
are defined as :
1 . New construction of any primary structure, or
2 . New construction of any accessory structure
with a gross square footage of 800 square feet
or more, or
3. New additions that will increase the existing
footprint of a building by 30% or more, or
4 . Any renovation or reconstruction (excluding
projects that involve only the replacement of
roof coverings) that will affect 50% or more
of a building' s exterior.
C. Applicants subject to Early Design Guidance shall
submit materials for review by the Commission prior
to the completion of the schematic design phase.
The Commission will provide general feedback on the
design of the project as it relates to criteria for
the approval of a Certificate of Appropriateness
and will provide an itemized list of any specific
concerns or areas that will require further
development of design prior to rendering an
opinion.
D. Upon receiving this list, the applicant will have
60 days to respond in writing, specifically stating
how each concern expressed by the Commission has
been, or will be, addressed in the design.
E. The Commission will review this response and any
revised project materials that are made available.
If concerns remain, or if new concerns have arisen
based on the revisions made, the Commission will
provide a second itemized list stating, or
restating, areas of concern. The applicant is
welcome to, but is not required to, respond in
writing to this second list prior to submitting a
complete application for a Certificate of
Appropriateness.
F. The Commission is not limited to considering issues
and concerns that were raised during the Early
Design Guidance process during the Certificate of
Appropriateness review; however, failure to address
to the satisfaction of the Commission all concerns
that were raised during the Early Design Guidance
process will result in the denial of a Certificate
of Appropriateness .
§228-9. Criteria for a Finding of Economic Hardship.
A. An applicant whose Certificate of Appropriateness
for a proposed alteration has been denied may apply
for relief on the ground of economic hardship. In
order to prove the existence of economic hardship,
the applicant shall establish that the denial of a
Certificate of Appropriateness will prevent the
owner from earning a reasonable return on
investment, regardless of whether that return
represents the most profitable return possible. In
the case of non-profit ownership, the applicant
shall establish that the denial of a Certificate of
Appropriateness will seriously interfere with, or
prevent, the owner from carrying out its chartered
purpose.
B. An applicant whose Certificate of Appropriateness
for a proposed demolition has been denied may apply
for relief on the ground of economic hardship. In
order to prove the existence of economic hardship,
the applicant shall establish to the satisfaction
of the Commission that:
1 . The denial of a Certificate of Appropriateness
will prevent the owner from earning a
reasonable return on investment, regardless of
whether that return represents the most
profitable return possible; and
2 . The property cannot be adapted for any other
use, whether by the current owner or by a
purchaser, which would result in a reasonable
return on investment; and
3. Diligent efforts to find a purchaser
interested in acquiring the property and
preserving it have failed.
§228-10 . Finding of Economic Hardship Application Procedure.
A. After the Landmarks Preservation Commission has
denied a Certificate of Appropriateness, an
applicant may commence the economic hardship
process. No building permit or demolition permit
shall be issued unless the Commission determines
that an economic hardship exists and issues a
Finding of Economic Hardship.
B. The Commission may hold a public hearing on the
hardship application at which an opportunity will
be provided for proponents and opponents of the
application to present their views .
C. The applicant shall consult in good faith with the
Commission, local preservation groups, and
interested parties in a diligent effort to seek an
alternative that will result in preservation of the
property.
D. All decisions of the Commission shall be in writing
and shall state the reasons for granting or denying
the requested Finding of Economic Hardship. A copy
shall be sent to the applicant by mail and a copy
filed with the Building Commissioner and City Clerk
for public inspection within 30 days of the date of
the decision.
§228-11. Maintenance and Repair Required.
A. Nothing in this chapter shall be construed to
prevent the ordinary maintenance and repair of any
exterior architectural feature of a landmark or
property within a historic district that does not
8
involve a change in design, building materials,
color, or outward appearance; however, the
Commission' s Secretary shall determine whether
proposed work constitutes ordinary maintenance and
repair or requires a Certificate of
Appropriateness.
B. No owner or person with an interest in real
property designated as a landmark or included
within an historic district shall permit the
property to fall into a serious state of disrepair.
Maintenance shall be required, consistent with the
provisions of the Property Maintenance Code of New
York State, §304, Exterior Structure.
§228-12. Enforcement and Violations
A. All work performed pursuant to a Certificate of
Appropriateness issued under this chapter shall
conform to the requirements included therein. It
shall be the duty of the Building Commissioner to
inspect periodically any such work to assure
compliance. In the event work is found that is not
being performed in accordance with the Certificate
of Appropriateness, or upon notification of such
fact by the Commission, the Building Commissioner
shall issue a stop work order and all work shall
immediately cease. No further work shall be
undertaken on the project as long as a stop work
order is in effect.
B. If, in the judgment of the Commission, a violation
of §228-11 exists that will result in a detrimental
effect upon the life and character of a designated
historic property or on the character of a historic
district as a while, the Commission shall notify
the building Commissioner. If, upon investigation,
the Building Commissioner finds non-compliance with
the requirements of the Property Maintenance Code
of New York State, §304, Exterior Structure, or any
other applicable regulation, the Building
Commissioner shall order such remedies as are
necessary and consistent with this Chapter and
shall provide written notice thereof to the
Secretary of the Commission.
C. Any violation of any provision of this chapter
shall be deemed an offense and shall be punishable
as provided in Chapter 1, General Provisions,
Article I. Penalties . Each day' s continued breach
shall constitute a separate additional violation.
In addition, the City shall have such other
remedies as are provided by law to enforce the
provision of this chapter.
§228-13. Appeals.
Any person aggrieved by any decision by the Commission
may apply to the Supreme Court in the State of New
York for review under Article 78 of the Civil Practice
9
Law and Rules within 60 days of publication of the
decision.
10
Tompkins County
k
DEPARTMENT'OF" PDANNING
1121 last Court,Street ?
Ithaca,Nib" Y6rk.44850
Edward C.Marx,AICP
Commissioner of Planning Telephone(607) 27475560
and Community Sustainability Fax(607) 274-5578
November 9, 2011
Ms.Lynn Truame,Historic Preservation&Neighborhood Planner
City of Ithaca
108 East Green Street
Ithaca,NY 14850
Re: Review Pursuant to §239-1 and-m of the New York State General Municipal Law
Action: Consideration for Amendments to Landmarks Preservation Commission and Landmarks
Preservation Section of the City Municipal Code
Dear Ms. Truame:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 and-m of the New York State General Municipal
Law. The Department has reviewed the proposal,as submitted, and has determined that it has no negative inter-
community,or county-wide impacts.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C.Marx, AICP
Commissioner of Planning
and Community Sustainability
Inclusion through Diversity
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Daniel L.Hoffman,City Attorney Telephone: 607/274-6504
Khandikile M. Sokoni,Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan,Assistant City Attorney
Patricia M.O'Rourke,Assistant City Attorney
Krin Flaherty,Associate City Attorney
Jody Andrew,Executive Assistant
MEMORANDUM
To: Common Council Members
From: Krin Flaherty
Date: September 7, 2011
Subject: Legislative Priorities to Address the Impacts of Gas Drilling & "Hydro-Fracking"
The Planning and Economic Development Committee asked the City Attorney's office to investigate
and report on options to address the potential impacts of proposed drilling for natural gas in the region
that includes the so-called Marcellus Shale formation (using a process typically referred to as "hydro-
fracking").
Our office assembled materials from various sources, interviewed the City Attorneys for Buffalo and
Oneonta (to our knowledge, the only two cities in NYS that have adopted local regulations intended to
ban hydro-fracking), and met with Attorney Helen Slottje of the Community Environmental Defense
Council, Inc. Based on our review of these materials, there are many and various methods of
addressing the concerns about gas drilling impacts.
At the August 17, 2011 Planning and Economic Development Committee meeting, we submitted an
outline of the varied approaches and asked for input. The Committee members recommended that our
office focus on addressing the following areas:
1) City wide gas drilling ban;
2) Common Council resolution to not lease City-owned property for drilling purposes or
otherwise allow drilling on any City-owned property (e.g. Six Mile Creek Natural Area,
Southwest Natural Area);
3) Sewer and waste water effects - Mayor Peterson and Council Member McCollister are
members of the Joint Sewer Committee and will work with the committee and its attorney,
Susan Brock, to prohibit the Ithaca Area Wastewater Facility from accepting waste water from
hydro-fracking; and
4) Investigate Tompkin County's Road Preservation Law for potential adoption by the City.
The Committee members asked us to submit this summary so that all Council members may consider
the proposed scheme. I will be working on these topic areas and will bring draft proposals to the next
Planning Committee meeting on September 21, 2011. Please feel free to contact me with your
questions as to any of these areas or other priorities that you believe should be part of the conversation.
1
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Daniel L.Hoffman,City Attorney Telephone: 607/274-6504
Khandikile M. Sokoni,Assistant City Attorney Fax: 607/274-6507
Robert A. Sarachan,Assistant City Attorney
Patricia M. O'Rourke,Assistant City Attorney
Krin Flaherty,Associate City Attorney
Jody Andrew,Executive Assistant
M E M O R A N D U M
To: Planning and Economic Development Committee Members
From: Daniel L. Hoffman& Krin Flaherty
Date: November 9, 2011
Subject: Proposed ordinance
Attached please find a proposed ordinance to define Light Industrial in the City zoning code and
clarify that the I-1 Industrial district permits only light industrial uses as of right.Below is a chart to
demonstrate how this ordinance clarifies the primary use section of the I-1 Industrial district.
Industrial Use District must conform to
Special Performance Standards:
.,shall be constructed,maintained and operated 5o as not to be injurious
or offensive to or:cupants of adjacent properries or to those passing by
on a public way by reason of the emission of noise,vitimflon,smoke.
dust or other pau6culate matter,toxic or noxious wa�te rnaterial�,odurs,
fire and explosive hazards or glare"
Any use not
permitted in arry other
zoning district
(including heavy
industrial use)
As long as the use meets Special Permit required
definition of light industrial from Ill with
and conforms to special concurrence from
"erfcirman�e slondords,it is Common Council
All Uses in
An Ordinance Amending the Chapter 325—"Zoning"—of the City of Ithaca Municipal
Code to Add a Definition and Clarify Permitted Industrial Uses in the I-1 Industrial Use
District.
WHEREAS, Chapter 325 of the City of Ithaca Municipal Code, entitled"Zoning," sets forth the
zoning districts within the City of Ithaca, and states that the permitted uses for each district are
codified in the District Regulations Chart, which Chart is a separate document but is
incorporated by reference into Section 325-8 of said chapter; and
WHEREAS, only the uses specifically set forth in the District Regulations Chart are permitted as
of right in a zoning district; and
WHEREAS, exploration for natural gas, the extraction of natural gas, the storage, transfer,
treatment or disposal of natural gas exploration and production wastes, and related natural gas
operations are not specifically set forth as permitted uses in any zoning district and are therefore
are not and have not been permitted uses as of right within the City of Ithaca; and
WHEREAS, the I-1 Industrial Use district allows uses not explicitly permitted elsewhere within
the City of Ithaca, but subject to the issuance of a special permit, upon a finding by the Board of
Zoning Appeals and concurrence by Common Council that the use will have "no negative impact
by reason of noise, fumes, odors,vibration, noxious or toxic releases or other conditions
injurious to the health or general welfare;" and
WHEREAS, the Common Council wishes to add one definition and to clarify the District
Regulations Chart so as to remove any possible interpretation of the City Code as allowing, as of
right,the establishment of heavy industrial uses within the City, including but not limited to the
exploration for or extraction of natural gas, the storage, transfer, treatment or disposal of natural
gas exploration and production wastes, or related natural gas operations; and
WHEREAS, the Common Council accepted and approved a Comprehensive Plan for the City of
Ithaca on May 6, 1970, and, since that approval, has continued to study and to amend the City's
Comprehensive Plan, from time to time; and
WHEREAS, the City of Ithaca's Comprehensive Plan, on page 2, enumerates the following
among the City development objectives:
"2. A city which understands and does not abuse its nonreplaceable physical
resources,"by "...understand[ing] and make[ing] wise use of the soil, gorges,
water, air, and plants which are part of the community's non-replaceable physical
resources;" and
2
"5. A city which encourages the diversity of its industrial base and makes every
effort to employ its labor force according to its skill and capacity... by
encouraging new light service and recreational industries to supplement our
existing service and educational industries." [emphasis added]
WHEREAS, the introduction to the land use section of the Comprehensive Plan land identifies
education as the "basic industry" of the city, but also acknowledges "the value of diversifying
the industrial base by working to attract light service industry [emphasis added] and by
developing a viable recreation industry..." as "essential to a healthy, growing, future Ithaca."1
The land use discussion also highlights the need for housing, adequate streets and the role of
parks and opens space in maintaining"the small city character" and reinforces the "recreational-
educational character" and ties the City's developed areas to its "unique natural environment;"2
and
WHEREAS, the Comprehensive Plan as enacted in 1970 anticipated encouragement of light
industry, and subsequent amendments to the Comprehensive Plan have supported this approach,
rather than reliance upon heavy industry, which would serve to disrupt and jeopardize the City's
recreational-educational, small-city character and its unique natural environment; and
WHEREAS, amendments to the Comprehensive Plan since 1970, and various City planning
studies and projects, seek to promote mixed-use, walkable development within the City, and to
protect and maintain natural features unique to the City such as the Cayuga Lake waterfront,
gorges, creeks and natural areas, and to support the character of existing neighborhoods,but do
not promote land use that would harm or result in a negative environmental impact3; and
WHEREAS, the City of Ithaca has historically demonstrated and continues to support its
commitment to preserving the beauty, quality,use, and environmental integrity of all land within
the City, through establishment and passage of Code provisions supporting City programs such
as the Conservation Advisory Council, Parks Commission,Natural Areas Commission, City
Bicycle/Pedestrian Advisory Council, and Shade Tree Advisory Committee, and the City's urban
forestry program; and
1 P. 24-25
2 P. 25
3 See for example: 1997 Ithaca Bicycle Plan; 1997 Tompkins County Waterplan; 1998
Southwest Area Land Use Plan addendum and 1994 original; 1998 Inlet Island Urban
Development; 1999 West End Urban Design Plan; 2000 Southwest Natural Area Master Plan;
2000 Design Guidelines, Southwest Area and Elmira Road-Meadow Street Corridor; 1998 An
Economic Development Plan for the City of Ithaca: A Program For Action prepared by
Planning/Environmental Research Consultants (modified in 2003).
3
WHEREAS, all uses in the I-1 Industrial Use District must comply with the Special Performance
Standards set forth in Section 325-24, which standards support the light industrial interpretation
clarified herein, in that the purpose of such standards is "...to permit a broad range of uses in
certain Industrial Districts by establishing standards of performance to protect residential
districts from adverse effects of industrial activities and to promote a safe and healthy
environment in and near the Industrial District," and to lessen environmental industrial impacts
so as to not be injurious or offensive to neighbors and the public; and
WHEREAS, the clarification provided by this ordinance, namely, that only light industrial use is
permitted as of right, is consistent with the purposes and intent of the 1-1 Industrial Use District
and removes any possible ambiguity about whether"industrial"use could be interpreted to mean
or include heavy industrial operations of any kind, including but not limited to natural gas
exploration or extraction, or related operations; and
WHEREAS, the Common Council agrees it is important to make these clarifications to the City
Code, for the following reasons:
(1) The establishment of new, heavy industrial uses within the City of Ithaca,
including but not limited to the exploration for or extraction of natural gas, or
related operations, would pose a significant threat to the health, safety, and
welfare of its residents and visitors.
(2) Widespread negative environmental impacts have resulted from heavy
industrial uses carried out in urbanized areas, including impacts on
groundwater quality (such as has occurred on Ithaca's South Hill and at or
near other industrialized sites such as the former Ithaca Gun factory), surface
water quality, air quality, traffic, scenic resources, neighborhood and
community character, vegetation and habitats.
(3) The regulation and limitation of land uses allowed in the various areas and
districts of the City falls within the City's authority to regulate land use
through the zoning powers expressly delegated to cities in the New York State
Constitution, Article 9, §§1, and in Municipal Home Rule Law, §10.
Furthermore, the regulation and/or exclusion of heavy industrial uses from the
City is a reasonable exercise of the City's police powers so as to prevent
damage to the rights of citizens who would otherwise be negatively affected
by such uses and to promote the interests of the community as a whole;
now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
4
ORDINANCE NO.
Section 1. In the District Regulations Chart that is part of Section 325-8 of the Municipal Code
of the City of Ithaca, Column 2 (Permitted Primary Uses)under the I-1 Industrial District, is
hereby amended to read as follows:
1. Any use permitted in B-5, except that dwelling units are prohibited.
2. Light(industrial, warehousing, wholesaling, storage and handling of bulk goods (not
including rubbish as defined in § 196.1), lumberyards, and agriculture except that no
animals may be kept within 50 ft. of any property line.
3. Any use not permitted as of right 4in the I-1 Use District or in any other zoning
district, subject to the issuance of a special permit of the Board of Zoning Appeals in
accordance with§325-9 and concurrence by the Common Council.
4. All uses must conform to special performance standards *.blishme t of
,ides*,a ' es (See: §325-24).
5. Transfer station for recyclable materials. See § 181-13, Fire Limits
Section 2. The Definitions and Word Usage Section 325-3 of the Municipal Zoning Code of the
City of Ithaca is hereby amended to add a definition of"Light Industrial," in alphabetical order,
and to read as follows:
LIGHT INDUSTRIAL
Fabrication,processing, converting, altering, assembling or other handling of products that:
A. Is conducted solely within a building or group of buildings; and
B. Does not result ins:
(1) Dissemination of noise, vibration, odor, dust, smoke, detectable gas or fumes or their
atmospheric pollutant beyond the boundaries of the immediate site of the building(s) in
which such use is conducted;
(2) Unusual hazard of fire, explosion or other physical danger to any person,building or
vegetation;
(3) Radiation or interference with radio or television reception beyond the boundary of
the property;
(4) A harmful discharge of waste material or any other means of disposal of waste
material other than by delivery to an authorized, off-site treatment facility; or
(5)Unusual traffic hazards or congestion due to the type of vehicles required.
'Tracks language of 325-9 (C)(o)
5 These conditions are similar to our § 325-24, Special Performance Standards in Industrial
District. The definition proposed here contains less specific language plus a restriction against
"no unusual traffic hazards or congestion due to type of vehicles required."
5
Section 3. 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 4. Effective date. This ordinance shall take effect on January 1, 2012, and in accordance
with law,upon publication of notice as provided in the Ithaca City Charter.
6
CITY OF ITHACA
108 East Green Street Ithaca,New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH,ACTING DIRECTOR OF PLANNING&DEVELOPMENT
PHYLISSA DESARNO,DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning&Development—607/274-6550 Community Development/IURA—607/274-
40 6559
Fax: 607/274-6558
TO: Planning and Development Board
Planning Committee of Common Council
FROM: JoAnn Cornish,Director of Planning and Development
DATE: August 9,2011
RE: Department of Planning and Development 2011-2012 Priority Projects and Work Plan
The Department of Planning&Development's 2011 —2012 Priority Projects and Work Plan are listed below for
your information.
A. Priority Proiects-Planning
1. Conclude work on Collegetown Urban Plan and Conceptual Design Guidelines: including Form
Based Code,Design Standards, Design Review, Streetscape Improvements for the 400 Block of
College Ave., Complete On Street Parking Study including a Pay Station Program— Megan Wilson,
Project Manager
2. Dredging — Complete Environmental Impact Statement and Construction Drawings, Construct
Sedimentation Basins and Begin Dredging—Lisa Nicholas, Project Manager
3. Commons Redesign Phase II — Complete Design Development, Final Design, Construction
Drawings and Bid Documents—Jennifer Kusznir, Project Manager; Sasaki Associated, Consultant
4. Southwest Area — Hire Consultant to review and synopsize all completed studies and recommend
if/then scenarios for use of the City-owned 60 acres -Lisa Nicholas, Project Manager, Consultant to
be determined
5. Oversee Implementation of NYSERDA Grant Funding to oversee the City's climate change and
energy sustainability initiatives-Dennise Belmaker, Energy Sustainability Project Manager
6. City Comprehensive Plan —Phase 1, Umbrella Plan (Phase 2 being detailed neighborhood
and thematic plans). Work with Clarion Associates to complete Phase 1 by fall of 2012 —
Megan Wilson, Project Manager
7. NYS DOT Site Acquisition — Continue working with the County to relocate the NYSDOT facility
on Third Street Extension allow for waterfront development.
JoannC Page 1 1/6/2012
B. Priority Projects—Development
1. Inlet Island Development
• Continue working with the selected preferred developer and Common Council toward
development of Inlet Island.
• Continue efforts to acquire the parcel owned by New York State Department of Environmental
Conservation ("NYSDEC") and once acquired, begin a Phase II Environmental Investigation and
cleanup if necessary.
2. Development of the Ithaca Gun Factory Site and the Adjacent Ithaca Falls Natural Area
• Continue work with the New York State Department of Environmental Conservation and
Fall Creek Redevelopment,LLC,to remediate the former Ithaca Gun Factory Site.
• Administer Grant Funding for remediation.
• Start planning process for a park that includes the area at the base of the falls, the rim
trail, and the overlook area.
3. Completion of Cayuga Green and Associated Projects
• Work with Bloomfield + Schon Partners on the 20-30 unit luxury apartments and future
condominiums,known as Cayuga Green 3.
• Continue to seek tenants for the remaining commercial space in Cayuga Garage and at
Cayuga Place.
• Continue working with Jeffrey Rimland to complete plans for the Hotel Ithaca project
4. Complete review for Challenge Industries building and site
5. Continue to work with interested parties on collective vision for Emerson site.
6. Continue review of the new City of Ithaca Water Treatment Plant
7. Continue review of means restriction on area bridges
S. Begin Review of the Cornell University Gates Building
9. Continue working towards establishing the Neighborhood Pride Grocery Store to
replace the P&C on Hancock Street in the City's North side
C. Grants
TIGER III—County Transportation Improvements and Commons Reconstruction to serve as transportation
hub and county center.
National Endowment for The Humanities (NEH),Planning Grant for the MLK Freedom Walkway—
Refinement of design concepts and walkway elements, cost estimates, design drawings and specifications.
JoannC Page 2 1/6/2012
PROJECTS TO BE COMPLETED AS STAFF TIME ALLOWS
and in conjunction with the Comprehensive Plan
D. Projects of Interest:
1. Revise the City Environmental Quality Review Ordinance to include climate change considerations
(greenhouse gas reduction, renewable energy, energy efficiency, solid waste management practices,
etc.).
2. Revise the Community Incentive Investment Program Application/City Density Policy.
3. Work towards approval and implementation of the Stewart Park Rehabilitation Action Plan.
4. Create a Conservation Zone(s).
5. Create a Stream Corridor Protection Zone(s).
6. Work on policy for development in Unique Natural Areas
7. Investigate extending Cherry Street for additional development
E. Projects identified by the Planning Committee to be done in cooperation with Engineering, Streets and
Facilities,the Building Department,and the Board of Public Works:
8. Complete revisions to the City's Sidewalk Ordinance.
9. Create a City wide approach to parking.
10. Continue discussions on how to deal with backyard parking lots in multi-family residential zones.
11. Assist in the development of a City Transportation Plan.
12. Coordinate with the City, Cornell University, and Delta Phi Fraternity to assess and correct damage to
both the street and sidewalk on Cornell Avenue, the limestone retaining wall on Cornell Avenue, and
the stone walls on the Baldwin Staircase.
F. Additional Projects identified by various sources:
13. Assist Common Council in determining natural gas drilling impacts on and in the City of Ithaca and
draft legislation if required.
14. Consider creating a critical environmental area for the City-owned land in Six Mile Creek.
15. Address undesirable loss of urban and natural forms by rezoning certain areas of the City.
16. Work with property owners and business owners (and potential property and business owners) to
invest in and improve properties in the West End.
17. Implement Martin Luther King Freedom Walkway.
18. Investigate legislation to regulate wood smoke emissions
19. Investigate legislation to allow raising chickens in the city.
20. Investigate use of City owned land for community urban gardens.
G. Projects Identified by the Planning Department to be managed or completed:
21. Ongoing issues related to the NYSEG Coal Tar Remediation Site and the future of the Markles Flats
building.
22. Continue working with the Community Advisory Group(CAG)to monitor progress of the Ithaca
Falls area and associated contamination.
23. Develop Revisions to the Landmarks Ordinance.
24. Revise Design Review Ordinance and Develop Citywide Design Guidelines.
25. Revise Site Plan Review Ordinance to include new stormwater regulations,pedestrian and bicycle
standards,planting and landscaping standards, increased public notification times, sustainability and
green building standards.
26. Revise Subdivision Ordinance to be more in line with revisions to the Site Plan Review Ordinance
and the Environmental Review Ordinance.
27. Complete City's Historic Preservation Design Guidelines.
JoannC Page 3 1/6/2012