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HomeMy WebLinkAboutTB Minutes 2006-12-29 Year End Meeting December 29, 2006 Approved January 8, 2007 Year End Meeting of the Ithaca Town Board 215 North Tioga Street, Ithaca , New York Friday, December 29 , 200Xat 10 : 00 a . m . ZO°LQ �F-Q PRESENT : Supervisor Valentino , Councilman Burbank , Councilwoman Gittelman , Councilman Engman , Councilman Stein , Councilman Cowie , Councilwoman Leary STAFF PRESENT : Tee-Ann Hunter , Town Clerk ; Dan Walker, Town Engineer; Fred Noteboom , Highway Superintendent ; Jon Kanter, Director of Planning ; Judy Drake , Human Resources Manager ; Lisa Carrier-Titti , Network Records Specialist ; Christine Balestra , Planner EXCUSED : Councilwoman Gittelman ; Al Carvill , Budget Officer OTHERS PRESENT : Susan Brock , Attorney for the Town ; Guy Krogh , Attorney for the Town ; Sue Cosley , Career and Business Services ; Lisa Carrier-Titti , Network Records Specialist ; Christine Balestra , Town Planner CALL TO ORDER Supervisor Valentino called the meeting to order and 10 : 00 a . m . and led the assemblage in the Pledge of Allegiance Agenda Item No . 3 — Board Comments Supervisor Valentino brought the Board ' s attention to her recommendations on the committees . She told the Board she did not include a suggested Personnel and Operations Committee stating she is still open to the idea but would like the folks that are proposing that committee to write up a charge for the committee . Ms . Valentino stated she was also open to having a Planning Committee but , again , would like people interested in that committee to write up their suggestions and what the charge to that committee would be . Ms . Valentino told the Board that Susan Brock had given her a memo about some ideas she had of making sure that the continuity between the Planning Board and Town Board could work more smoothly . She will get copies of that memo to Board members . Agenda Item No . 4 - Public Hearing to consider a Local Law Amending Chapter 125 of the Code of the Town of Ithaca , titled " Building Construction and Fire Prevention"; to conform Chapter 125 with New York State Requirements for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code (Attachment #1 — Local Law No . 15 of 2006 ) Supervisor Valentino opened the public hearing at 10 : 10 a . m . The hearing was published and posted as required . There was no one present to address the Board and Supervisor Valentino closed the public hearing at 10 : 11 a . m . and opened discussion to the Board . Supervisor Valentino reminded the Board that the four local laws in front of them are in response to recent New York State regulations with which the Town is required to comply by year-end . 1 Year End Meeting December 29, 2006 Approved January 8, 2007 Agenda Item No . 5 — Consider Adoption of a Local Law Amending Chapter 125 of the Code of the Town of Ithaca , titled " Building Construction and Fire Prevention " , to conform Chapter 125 with New York State Requirements for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code TB RESOLUTION NO . 2006 =269 : Adopting a Local Law Amending Chapter 125 of the Code of the Town of Ithaca , titled " Building Construction and Fire Prevention " , to conform Chapter 125 with New York State Requirements for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on December 29 , 2006 at 10 : 10 a . m . to hear all interested parties on a proposed LOCAL LAW AMENDING CHAPTER 125 OF THE CODE OF THE TOWN OF ITHACA , TITLED " BUILDING CONSTRUCTION AND FIRE PREVENTION " , TO CONFORM CHAPTER WITH 125 NEW YORK STATE REQUIREMENTS FOR ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ; and WHEREAS , notice of said public hearing was duly posted and advertised in the Ithaca Journal , and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , pursuant to the New York State Environmental Quality Review Act ( SEQRA) and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that adoption of said local law is a Type II action because it constitutes " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment: and further constitutes " adoption of regulations , policies , procedures and local legislative decisions in connection with any action on [the Type II ] list , and thus adoption of this local law is not subject to review under SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled LOCAL LAW AMENDING CHAPTER 125 OF THE CODE OF THE TOWN OF ITHACA , TITLED " BUILDING CONSTRUCTION AND FIRE PREVENTION " , TO CONFORM CHAPTER 125 WITH NEW YORK STATE REQUIREMENTS FOR ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE , a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to filed said local law with the Secretary of State as required by law. MOVED : Supervisor Valentino 2 Year End Meeting December 29, 2006 Approved January 8, 2007 SECONDED : Councilman Engman VOTE : Councilwoman Leary , aye Councilman Cowie , aye Councilman Stein , aye Councilman Engman , aye Councilwoman Gittelman , absent Councilman Burbank , aye Supervisor Valentino , aye Board Comment Having learned that the Town Board is not required to open public hearings at the precise time for which they were advertised , they may be opened later but not earlier, Councilman Stein asked that the Board consider setting public hearings one minute apart so that the Board is not sitting and waiting for the clock to roll . Agenda Item No . 6 - Public Hearing to consider a Local Law Amending Chapter 270 of the Code of the Town of Ithaca , titled "Zoning " , regarding Building Permits and Certificates of Occupancy (Attachment #2 — Local Law No . 16 of 2006 ) Agenda Item No . 7 - Consider adopting a Local Law Amending Chapter 270 of the Code of the Town of Ithaca titled "Zoning " regarding Building Permits and Certificates of Occupancy TB RESOLUTION NO . 2006 =270 : Adopting a Local Law Amending Chapter 270 of the Code of the Town of Ithaca titled "Zoning " regarding Building Permits and Certificates of Occupancy WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on December 29 , 2006 at 10 : 20 a . m . to hear all interested parties on a proposed LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , TITLED "ZONING " , REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY ; and WHEREAS , notice of said public hearing was duly posted and advertised in the Ithaca Journal , and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law , or any part thereof; and WHEREAS , pursuant to the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that adoption of said local law is a Type II action because it constitutes " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment : and further constitutes " adoption of regulations , policies , procedures and local legislative decisions in connection with any action on [the Type II ] list , and thus adoption of this local law is not subject to review under SEQRA , 3 Year End Meeting December 29, 2006 Approved January 8, 2007 NOW, THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled "A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , TITLED "ZONING " , REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY" , a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to filed said local law with the Secretary of State as required by law. MOVED : Councilman Burbank SECONDED : Councilman Cowie VOTE : Councilwoman Leary , aye Councilman Cowie , aye Councilman Stein , aye Councilman Engman , aye Councilwoman Gittelman , absent Councilman Burbank , aye Supervisor Valentino , aye Agenda Item No . 20 — Consider Approval of Year End Warrants TB RESOLUTION NO . 2006 -271 : Town of Ithaca Year End Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in the total for the amounts indicated . VOUCHER NOS . 3064 - 3167 General Fund Townwide $ 56 , 577 . 92 General Fund Part Town $ 41369 . 04 Highway Fund $ 11 , 510 . 62 Water Fund $ 301 , 606 . 53 Sewer Fund $ 56 , 455 . 04 Risk Retention Fund $ 950 . 00 Fire Protection Fund $ 193 , 282 . 55 Forest Home Lighting District $ 120 . 07 Glenside Lighting District $ 46 . 37 Renwick Heights Lighting District $ 65 . 75 4 Year End Meeting December 29 , 2006 Approved January 8, 2007 Eastwood Commons Lighting District $ 149 . 40 Clover Lane Lighting District $ 16 . 89 Winner' s Circle Lighting District $ 54 . 63 Burleigh Drive Lighting District $ 59 . 13 Westhaven Road Lighting District $ 186 . 30 Coddington Road Lighting District $ 110 . 40 Trumansburg Road Tank Renovation $ 29 , 478 . 50 First Street Interceptor $ 97 , 908 . 06 TOTAL : $ 752194710 MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Councilwoman Leary , aye ; Councilman Cowie , aye ; Councilman Stein , aye ; Councilman Engman , aye ; Councilwoman Gittelman , absent : Councilman Burbank , aye ; Supervisor Valentino , aye . Councilwoman Gittelman arrives at 10: 20 a. m. Board Comment The Board discussed the need for roll call voting and Attorney Krogh told the Board that all votes of a Town Board are required to be roll call votes . Agenda Item No . 8 = Public Hearing to consider a Local Law Amending Chapter 153 of the Code of the Town of Ithaca , titled " Fees " , regarding Fees for Certificates of Occupancy (Attchment #3 — Local Law No . 17 of 2006 ) Supervisor Valentino opened the public hearing at 10 : 23 a . m . The hearing was posted an published as required . There was no one present to address the Board and Supervisor Valentino closed the public hearing at 10 : 24 a . m . and returned discussion to the Board . Aqenda Item No . 9 — Consider adoption of a Local Law Amending Chapter 153 of the Code of the Town of Ithaca , titled " Fees " , regardinq Fees for Certificates of Occupancy TB RESOLUTION NO . 2006 -272 : Adopting a Local Law Amending Chapter 153 of the Code of the Town of Ithaca , titled " Fees " , regardinq Fees for Certificates of Occupancy WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on December 29 , 2006 at 10 : 20a a . m . to hear all interested parties on a proposed LOCAL LAW AMENDING CHAPTER 153 OF THE CODE OF THE TOWN OF ITHACA , TITLED " FEES " , REGARDING FEES FOR CERTIFICATES OF OCCUPANCY ; and WHEREAS , notice of said public hearing was duly posted and advertised in the Ithaca Journal , and 5 Year End Meeting December 29, 2006 Approved January 8, 2007 WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , pursuant to the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that adoption of said local law is a Type II action because it constitutes " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment : and further constitutes "adoption of regulations , policies , procedures and local legislative decisions in connection with any action on [the Type II ] list , and thus adoption of this local law is not subject to review under SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled A LOCAL LAW AMENDING CHAPTER 153 OF THE CODE OF THE TOWN OF ITHACA , TITLED " FEES" , REGARDING FEES FOR CERTIFICATES OF OCCUPANCY , a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to filed said local law with the Secretary of State as required by law. MOVED : Supervisor Valentino SECONDED : Councilman Stein VOTE : Councilwoman Leary , aye Councilman Cowie , aye Councilman Stein , aye Councilman Engman , aye Councilwoman Gittelman , aye Councilman Burbank , aye Supervisor Valentino , aye Agenda Item No . 10 - Public Hearing to consider a Local Law Amending Chapter 9 of the Code of the Town of Ithaca , titled "Appearance Tickets " , Designating Code Enforcement Officers to Enforce Codes Relating to Buildings , Zoning , Planning , Environmental Control , and Fire Prevention and Safety (Attachment #4 — Local Law No . 18 of 2006 ) Supervisor Valentino opened the public hearing at 10 : 25 a . m . The meeting was published and posted as required . There was no one present to address the Board and Supervisor Valentino closed the public hearing at 10 : 26 a . m . and brought discussion back to the Board . Agenda Item No . 11 — Consider adoption of a Local Law Amending Chapter 9 of the Code of the Town of Ithaca , titled "Appearance Tickets " , Designating Code 6 Year End Meeting December 29, 2006 Approved January 8, 2007 Enforcement Officers to Enforce Codes Relating to Buildings , Zoning , Planning , Environmental Control , and Fire Prevention and Safety TB RESOLUTION _ NO . 2006 -273 : Adopting a Local Law Amending Chapter 9 of the Code of the Town of Ithaca , titled " Appearance Tickets " , Designating Code Enforcement Officers to Enforce Codes Relating to Buildings , Zoning , Planning , Environmental Control , and Fire Prevention and Safety WHEREAS , a resolution was duly adopted by the Town Board of the Town of Ithaca for a public hearing to be held by said Town on December 29 , 2006 at 10 : 25 a . m . to hear all interested parties on a proposed LOCAL LAW AMENDING CHAPTER 9 OF THE CODE OF THE TOWN OF ITHACA , TITLED "APPEARANCE TICKETS " , DESIGNATING CODE ENFORCEMENT OFFICERS TO ENFORCE CODES RELATING TO BUILDINGS , ZONING , PLANNING , ENVIRONMENTAL CONTROL , AND FIRE PREVENTION AND SAFETY ; and WHEREAS , notice of said public hearing was duly posted and advertised in the Ithaca Journal , and WHEREAS , said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law , or any part thereof; and WHEREAS , pursuant to the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations at 6 NYCRR Part 617 , it has been determined by the Town Board that adoption of said local law is a Type II action because it constitutes " routine or continuing agency administration and management , not including new programs or major reordering of priorities that may affect the environment : and further constitutes "adoption of regulations , policies , procedures and local legislative decisions in connection with any action on [the Type II ] list , and thus adoption of this local law is not subject to review under SEQRA , NOW , THEREFORE , be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts said local law entitled A LOCAL LAW AMENDING CHAPTER 9 OF THE CODE OF THE TOWN OF ITHACA , TITLED "APPEARANCE TICKETS " , DESIGNATING CODE ENFORCEMENT OFFICERS TO ENFORCE CODES RELATING TO BUILDINGS , ZONING , PLANNING , ENVIRONMENTAL CONTROL , AND FIRE PREVENTION AND SAFETY , a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED , that the Town Clerk is hereby authorized and directed to filed said local law with the Secretary of State as required by law . MOVED : Councilman Engman SECONDED : Councilman Cowie VOTE : Councilwoman Leary , aye Councilman Cowie , aye 7 Year End Meeting December 29 , 2006 Approved January 8, 2007 Councilman Stein , aye Councilman Engman , aye Councilwoman Gittelman , aye Councilman Burbank , aye Supervisor Valentino , aye Agenda Item No . 12 = Consider Referral of Draft Local Law Amending Provisions in Chapter 270 of the Town of Ithaca Code , Titled Zoning , Regarding Home Occupations to the Planning Board for a Recommendation , and Consider Setting a Public Hearing to Consider Adoption of Said Local Law (Attachment #5 — draft local law) Mr. Engman told the Board that there is no provision in the town ' s zoning for renters to have a home occupation . The proposed local law will fix that so that renters will have all of the same advantages for a home occupation that others have . They also included a few more categories of examples of home occupations because the other list seemed somewhat limited . Attorney Brock added that the current definition in zoning of home occupation includes all the criteria that have to be met and the way she reads the zoning law that then becomes what the home occupation definition is and if anybody wants to vary from those criteria it would require a use variance , or at least it wasn 't clear that it didn 't require a use variance . What the proposed law does is pull the criteria out of the definitions and put them in a separate section . Then if somebody can meet all the criteria expect perhaps they want to use a little bit more of their floor space than is otherwise permitted then they can go to the ZBA and ask for an area variance . Also the Codes and Ordinances Committee decided if somebody could meet all of the criteria for home occupations there was really no need for them to get special approval . Right now they have to go to the Zoning Board of Appeals for special approval and what the Codes and Ordinances Committee decided was if they can meet all the criteria , they don 't need a special approval , they can have the home occupation as of right. Many of the changes in the proposed local law are changing the different provisions in the zoning chapter deleting references to special approval requirements and adding home occupation as a use that' s allowed as of right. That is everything from section 3 on . Mr. Stein asked if this means if someone wants to set up a business they decide themselves whether they meet the criteria ; they don 't have to present it to someone . Ms . Brock told him if someone fits the criteria they would be able to have a home occupation as of right . They would not need to come to the Town for interpretation or for approval . Mr. Burbank stated that if a neighbor felt there was something inappropriate happening and came to the Town with a complaint , then it would be checked . Ms . Brock told him that was correct adding that often how these things have been getting snagged is if they come for a building permit . Mr. Stein asked if someone doesn 't object and an individual starts an at home occupation , do they have an argument that it' s a hardship for them to stop it? Ms . Brock told him , no because if someone is not complying with the Zoning it is a self imposed hardship ; they are presumed to know what the Zoning requires . They would need to come to the Zoning Board of Appeals and try to get a variance . Councilman Burbank stated he was happy the Town has acted on this . He thinks home occupations are today taking a very different form than when the zoning barriers to those were written . Home manufacturing , noisy , polluting , traffic , those are legitimate concerns . 8 Year End Meeting December 29 , 2006 Approved January 8, 2007 The kind of thing that we are seeing today with people sitting at computers , doing consulting , whatever, have very minimal impact on the neighborhood but it allows people to sustain themselves without getting in the car and driving to wherever . Mr. Burbank felt it was environmentally good , it' s good on neighborhoods , keeps people able to be in their neighborhoods . Mr . Burbank stated he was happy the Town was doing this . Mr . Engman concurred . Ms . Cosley questioned part d section 2 , no goods shall be offered for sale on premises" . She thought there was some discussion at Codes and Ordinances about having that amended somehow and it did not look like it had been . She told the Board this did not effect her , but there are a number of people who sell things through the computer where the items are warehoused elsewhere . Things are dropped shipped from a warehouse to an end point , but the middleman might be living here in Ithaca . It looked to Ms . Cosley like it prohibited that . Mr. Stein stated that he wouldn 't know how to write that but understood what Ms . Cosley was saying . He felt sure that what' s being referred to are physical objects being sold to another person who drives up and gets it . He did not think that anyone could interpret making a contract over the computer as a violation of section d . Mr . Burbank stated he knows a person who is currently making his living dealing in rare stamps . The stamps come and go from the individual ' s premises with minimal impact other than dropping it in the post office . He thought the Town would want to be somewhat loose in that definition . Ms . Cosley felt in that case because the stamps were not created , assembled , or reconditioned by the individual therefore they do not meet the law . Ms . Brock stated that they had added the words , "on the premises" to address the issue that Ms . Cosley was raising . The current law does not have that phrase in it . By saying , "on the premises " that would allow somebody who is maybe facilitating the sale of goods that are warehoused elsewhere to continue to do that . It' s a sale of goods , but it' s not on the premises . It would not allow the stamp scenario that Mr. Burbank mentioned . Mr. Stein felt that if you start exempting stamps , then what do you do about little trinkets . It smoothly transforms into what Mr. Stein usually calls a store . Ms . Brock did not know if they could draft something that would encompass all potential . Mr. Burbank asked if the stamp scenario is something that might be possible with a variance . Ms . Brock told him that if it is in an area that doesn 't permit commercial sales then they would need a use variance and that might be difficult to get because they would have to be able to show that they can 't get any other economic return from their property which would be very unlikely . Mr. Burbank felt there was a social good for allowing the individual to do this and questioned how the Town could craft a law that would allow that kind of activity without opening the door to activities that would have a negative impact . Mr. Engman commented that it seemed that people were not coming to the house to buy the stamps , so it seemed to Mr. Engman that the occupation would still be covered because he ' s not offering for sale on the premises those stamps . He is sending them out . It seems to Mr. Engman that would be perfectly acceptable under the 9 Year End Meeting December 29, 2006 Approved January 8, 2007 proposed law. He agreed with the notion that the Town could not possibly cover every single potentiality and that is why you have the option for an appeal . Mr. Engman felt the proposed law was as good as they were going to get . Ms . Brock thought the clear import of the phrase " no goods shall be offered for sale on the premises " is that people are coming to the premises to make the purchases . Ms . Brock wondered if there was some language they could use that would make it even clearer. Ms . Brock told the Board they could set the public hearing and in the interim make a change to the wording in the one phrase to clarify the situation where perhaps the product is on the premises but customers aren 't coming to the premises . It was not clear to Mr . Stein that the Board ought to get into this . There are businesses where people have displays of things ; you come in and look at things and order what you want over the web . He would not want to allow that to happen . He stated what they were really trying to prevent is pedestrian traffic into these things , or manufacturing , or something like that. Once you start to allow people to have a few books , then how do stop people from coming in and looking at their books . It gets complicated . Mr. Cowie stated he thinks the presumption is that the market isn 't local for these products . Supervisor Valentino stated that the Board is considering whether to send this to the Planning Board for a recommendation . They can certainly send it to the Planning Board with the concerns that were raised . There will be another Codes and Ordinances Committee meeting before the public hearing so that they can continue the discussion and Board members that are interested can come to the Codes and Ordinances meeting . Attorney Brock suggested that those who are interested in the topic could meet before January 8th and see if there is some consensus . She stated she was not hearing complete consensus on what the policy should be on this . Once she knows which way the Board_ wants to go she can draft some language , but it was not clear to her they have got consensus . Mr. Engman suggested the Board either accept the version before them or delay it and reconsider it in January and set the public hearing after that . Mr. Engman stated he would prefer passing the version that is before them . Councilwoman Leary stated that the rest of the limitations in the proposed law spell out prohibited impacts . The side effects the Board is most concerned about are covered . The thought in the - Codes and Ordinances Committee was that they did want people coming to the premises to buy and that would limit most traffic . That issue is addressed . They tried to make it as broad as possible because you can 't anticipate every possible situation . If someone doesn 't even realize that someone is doing this , it doesn 't rise to the level of annoying the neighbors and that is what they wanted to stop . They didn 't want to stop private enterprise . Ms . Valentino stated her sense that the 3 members of the Codes and Ordinances Committee would just as soon move foreword on having the public hearing on this version of the law . Mr. Cowie stated it seemed to him that much of what they are concerned about is covered in section g , the traffic provision but it' s also somewhat vague . As long as there is some standard that they could hold people to about any greater volume than would normally be expected in a residential neighborhood " . The person selling comic books , or stamps , or 10 Year End Meeting December 29, 2006 Approved January 8, 2007 baseball cards , or whatever is not going to generate anywhere near the amount of traffic as somebody who has a therapy office in their basement or that kind of thing . This seems to be the real core of new economy types of activities . He asked if "traffic any greater than would normally be expected in a residential neighborhood " was a usable standard to hold people to . Ms . Brock stated she did not know and asked what the Town ' s experience has been and whether the issue had ever been raised . Mr. Kanter told her they had never had an issue with it and the standard has been in the ordinance for many years . Ms . Brock asked if it would help to say in d , " no goods shall be offered for sale to customers who come on the premises excepting those created , assembled , or reconditioned completely on the property" . She thought that would address Mr. Stein ' s concerns ; you don 't have people coming to buy things that were manufactured off-site . She did not know if that covered the rare book seller who has people coming to the house to look at the books . Mr. Stein asked if this would allow a doctor or dentist to have their main business office there . Ms . Brock told him , "yes , it does " . Those have always been allowed . This was triggered by renters . Mr. Stein stated that understanding that the proposed local law does not make things any broader than they are now except to include renters so he thought they ought to pass it . Before the Board setting a public hearing for the proposed local law , the Board set the date for their February 2007 meeting . February 2007 Meeting Date TB_ RESOLUTION NO . 2006 -274 — Set February 2007 Town Board Meeting Date BE IT RESOLVED that the Town Board of the Town of Ithaca set Monday , February 12 , 2007 beginning at 5 : 30 p . m . as the date for their regular February Town Board meeting . MOVED : Supervisor Valentino SECONDED : Councilman Engman VOTE : Councilwoman Leary , aye ; Councilman Cowie , aye ; Councilman Stein , aye , Councilman Engman , aye ; councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . Agenda Item No . 12 - Consider Referral of Draft Local Law Amendinq Provisions , in Chapter 270 of the Town of Ithaca Code , Titled Zoning , Regarding Home Occupations to the Planning Board for a Recommendation , and Consider Setting a Public Hearing to Consider Adoption of Said Local Law ( continued ) TB RESOLUTION NO . 2006 -275 : Sefting a Public Hearing regarding a Local Law Amending Chapter 270 of the Town of Ithaca Code , Titled `Zoning " , regarding Home Occupations 11 Year End Meeting December 29, 2006 Approved January 8, 2007 RESOLVED , that the Town Board of the Town of Ithaca will hold a public hearing at the Town Hall , 215 North Tioga Street , Ithaca , New York , on the 12th day of February , 2007 at 7 : 00 p . m . for the purpose of considering a proposed LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE , TITLED "ZONING " , REGARDING HOME OCCUPATIONS . RESOLVED , that at such time and place all persons interested in the proposed amendment may be heard concerning the same ; and it is further RESOLVED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten days before the day designated above for the public hearing . MOVED . Supervisor Valentino SECONDED : Councilman Engman VOTE : Councilwoman Leary , aye , Councilman Cowie , aye ; Councilman Stein , aye ; Councilman Engman , aye ; councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . TB RESOLUTION NO . 2006-276 : Referral of Draft Local Law Amending Provisions in Chapter 270 of the Town of Ithaca Code , Titled Zoning , Regarding Home Occupations to the Planning Board for a Recommendation BE IT RESOLVED that the Town Board of the Town of Ithaca refer the draft Local Law amending provisions in Chapter 270 of the Town of Ithaca Code , titled Zoning , regarding Home Occupations to the Planning Board for a recommendation . MOVED : Supervisor Valentino SECONDED : Councilman Stein VOTE : Councilwoman Leary , aye ; Councilman Cowie , aye ; Councilman Stein , aye ; Councilman Engman , aye ; councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . Agenda Item No . 17 — Consider Approval of Commercial Insurance Supervisor Valentino stated that the resolution sent to the Board in their packets recommended the Town continue with Selective Insurance as their commercial carrier. She and Mr. Carvill have met since this recommendation and think it would be in the Town ' s best interests to select NYMIR as the Town ' s carrier. 12 Year End Meeting December 29 , 2006 Approved January 8, 2007 Don Barber, Supervisor of the Town of Caroline , appeared before the Board as a Board Member of NYMIR . Mr. Barber asked for questions from the Board . Mr. Engman asked if there were other Tompkins County municipalities that presently going through NYMIR . Mr. Barber told him that Town of Lansing , Town of Carolina , Town of Enfield , Village of Cayuga Heights are currently members . Ms . Valentino asked how many total members . Mr . Barber told her a little over 700 including towns , counties , cities , and villages . Ms . Valentino asked Mr. Barber to explain the capitalization . Mr. Barber told the Board that every municipality that is a member of NYMIR pays . a capitalization fee , which is essentially a membership fee . It is not reimbursable . The original reason for the capitalization was that NYMIR had to have a certain amount of cash available to pay any claims that might come up when they first started . The idea is to keep that running . The capitalization helps build a fund balance . It' s available to either pay claims or to take a bigger percentage of the deductible that NYMIR has ; NYMIR and all insurance companies actually buy reinsurance . Typical to what you would do as a home owner, you would have a certain deductible that you are willing upfront yourself; NYMIR has a certain deductible that it is willing to upfront itself. As they have more capital built up they are willing to take on more of that risk , which then decreases their insurance costs . The capitalization is an attempt to manage the business so that they continually have more control over their risk and expenses . One of the goals is to keep rates very stable . They have been successful in doing that . Regarding defending claims , the reason that NYMIR is so adamant about going in and defending every claim is that it sets a precedent throughout New York State for all claims . If you go in from the Town of Ithaca to defend a claim it is going to have implications on many other municipalities , so it is important that they spend the time and not do a buyout . NYMIR has been in operation since 1993 and the . fund balance is at the point now where it is an issue that is being brought up on an occasional basis . One of the things Mr. Barber would like to see brought up more often is paying a dividend to subscribers . The capitalization fee is a fixed amount that can be paid in one year or spread over 5 years . Mr . Burbank voiced his support of the Town ' s joining NYMIR . Mr. Engman asked if NYMIR was non-profit and whether the directors were compensated . Mr. Barber told him NYMIR is non -profit and the directors are not compensated . Directors are all elected or appointed officials from member municipalities . Mr. Engman voiced his support for governments getting together and looking for insurance as an alternative to the commercial realm . He thought it was one way to save taxpayers ' money . He asked what the quote was from NYMIR stating the quote for Selective was $ 118 , 124 . Ms . Drake told him the NYMIR ' s quote was $ 119 , 000 . That would be having the general liability coverage at $ 1 /$2 million . Changing it to what we currently have with Selective , $ 1 /$ 3 million would increase the premiums 3 % bringing it up to $ 121 , 000 . It is a little bit more to have equal coverage with Selective . Supervisor Valentino asked if that number included the capitalization . Ms . Drake told her it did include $ 6 , 900 of capitalization , which the Town would be paying for 5 years . Mr . Drake told the Board she was comfortable with either Selective or NYMIR . She feels this would be the year to switch because NYMIR ' s premiums have come in at a competitive rate with Selective . Councilman Stein wondered whether the fact that the premium costs were close this year was abnormal and asked how far off it was in previous years . Ms . Drake told him there have been times over the years where it has been as far away as $25 , 000 . This year it is within . $ 5 , 000 . She told the Board that there has been a softening of the market . One of the 13 Year End Meeting December 29, 2006 Approved January 8, 2007 problems with municipal insurance is that there is not a lot of competition . Mr. Stein asked what the best argument is for why we should switch carriers to someone who is likely to be somewhat more expensive than the carrier that we have had . Mr. Engman thought it was because the future looks much better with NYMIR . As Mr. Barber indicated there is sort of a tipping point you get to with a certain amount of volume and membership that will allow NYMIR to eventually be cheaper than the commercial carriers . Part of that reason is that it is non -profit , it doesn 't compensate it' s directors and if early adapters aren 't willing to make a little of sacrifice in order to make an organization work then it will never work . Mr. Engman felt they owed a debt of gratitude to all the brave municipalities that spent their money up front . Mr. Engman stated he would support joining NYMIR . Attorney Brock recommended the Town stay at their current $ 1 million per incident, $ 3 million per year and not drop their level of coverage down . Mr. Burbank asked if the Town decided not to go with NYMIR next year would they still be committed to paying off the 5 years of capitalization . Ms . Valentino and Mr. Barber told him that they would be . Mr. Barber told the Board they should be clear as a Board that this is what they want to do and then stay with it . Ms . Leary asked if there were any special risk management requirements they impose on municipalities in order to keep the rates as stable as they are . Mr. Barber told her the only are he knew of where they were helping or putting a lot of pressure on municipalities to comply with is in the law enforcement area . Ms . Leary asked if the fact that cities and counties are also in the pool affects the kinds of claims , number of claims , or expense of claims . Is there a big difference between those municipalities and the kinds of claims a town would make ? She was concerned about the fact that other municipalities are in the mix and whether that increases numbers or expense of claims . Mr. Barber told her there is an analysis that is done for each member, what they are getting in premiums and what the claims have been . This helps to identify areas that they need to work on . Mr. Barber told her that typically they have not found that bigger accounts are higher risks . Actually the smaller ones may be more of a risk over the long haul . Councilman Stein expressed concern regarding the ability of the Town to get quotes from other insurance providers if the Town is really committed to sticking with NYMIR . Ms . Drake told him that the Board requires , through previous adoption of a resolution , requests for proposals for commercial insurance every five years . She will be doing that again in 2008 for effective in January of 2009 . Mr. Engman thought the solution was to ask for bids every three years or even the five years . TB RESOLUTION NO . 2006-276 : Approval of Commercial Insurance WHEREAS , the Town of Ithaca has had Ithaca Agency for their commercial liability insurance company since January 1 , 1999 ; and WHEREAS , the Human Resources Manager has reviewed the quote submitted by Ithaca Agency for the Town ' s insurance coverage for 2007 , which included a quote from Selective Insurance and NYMIR ; and 14 Year End Meeting December 29 , 2006 Approved January 8, 2007 WHEREAS , the Town Supervisor and Budget Officer recommends contraction with New York Municipal Reciprocal ( NYMIR) as the insurance carrier for the Town ' s Commercial Liability coverage and National Grange Mutual Insurance for the Crime coverage ; Now , therefore , be it RESOLVED , the Town Board of the Town of Ithaca hereby approves NYMIR as the commercial insurance carrier for 2007 as quoted by Ithaca Agency at the quoted $ 121 , 560 (which includes a $6 , 900 capitalization fee for the first year of the Town ' s membership fee) plus an additional $2 , 780 for Crime ( Bond ) policy through National Grange Mutual Insurance . MOVED : Supervisor Valentino SECONDED : Councilman Burbank VOTE : Councilwoman Leary , aye ; Councilman Cowie , aye ; Councilman Stein , nay ; Councilman Engman , aye ; councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . Agenda Item No . 13 - SEQR — regarding Acceptance of Parkland off Schickel Road/Larisa Lane in Coniunction with the Westview Subdivision (Attachment #6 — SEQR) Mr. Kanter stated that the good thing about this acceptance is that it combines with Compton Park ; makes it into a much more usable 3 or so acre park . RESOLUTION NO . 2006 -277 - SEQR : Acceptance of Proposed Park Land in Conjunction with the Westview 32 -Lot Subdivision , Schickel Road WHEREAS , this action is the acceptance by the Town Board of a 1 . 5 +/- acre park parcel for park and recreation purposes , located between Lots 12 and 13 in the Westview Subdivision off of Schickel Road , labeled " proposed parcel to be dedicated as Town Park , " as shown on the survey map entitled " Final Subdivision Map , Westview Subdivision , " dated 22 June 2004 , revised 11 / 15/04 , prepared by Lee Dresser, L . S . , T . G . Miller P . C ; and WHEREAS , this is an unlisted action pursuant to the New York State Environmental Quality Review Act ( SEQRA) 6 NYCRR Part 617 and Chapter 148 ( Environmental Quality Review) of the Town of Ithaca Code , for which the Town of Ithaca Town Board is acting as Lead Agency in conducting an uncoordinated environmental review with respect to the acceptance of the above-described park land ; and WHEREAS , the Town Board , on December 29 , 2006 , has reviewed and accepted as adequate the Short Environmental Assessment Form , Parts I and II for this action , prepared by Town Planning staff; RESOLVED , that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part II in accordance with the New York State 15 Year End Meeting December 29, 2006 Approved January 8, 2007 Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and , therefore , neither a Full Environmental Assessment Form , nor an Environmental Impact Statement will be required . MOVED : Councilman Burbank SECONDED : Councilwoman Gittelman VOTE : Councilwoman Leary , aye ; Councilman Cowie , aye ; Councilman Stein , aye ; Councilman Engman , aye , councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . Agenda Item No . 14 - Consider Acceptance of Parkland off Schickel Road/Larisa Lane in Conjunction with the Westview Subdivision Mr . Engman stated he realized this was a neighborhood park rather than a community park . The access will be by Larisa Lane and Compton Road . He asked if those roads will have bicycle or sidewalk access to the park for the kids in the neighborhood to get there safely . Mr. Kanter told him Larisa Lane will . Compton Road probably not ; there are only a limited number of houses on the road . Mr. Noteboom added that Compton Road actually does not touch the park . The only access in reality will be Larisa Lane . Mr . Kanter told him there is an easement for access but it is basically across someone' s yard . Councilman Burbank asked if the Town had heard from any residents whether there is a strong desire to have any development of the park or are people happy with the way it is . Mr. Walker told him that only two houses in the subdivision have been built and the road to the park is not yet completed . Mr. Kanter stated that probably what the Town would want to do as more residents end up living in the area is go out to them at the appropriate time and find out more specifically what type of facility they want to see at the park . Attorney Brock asked that the language , "except completion of Larisa Lane , for which the Town has accepted a letter of credit to assure completion " , be added to the third "whereas" . Ms . Brock questioned the reference to " Schickel Road Extension " . Ms . Balestra stated that , to her knowledge , " Schickel Road Extension " was inaccurate . That was part of the preliminary subdivision and should be " Larisa Lane" . Attorney Brock asked that the reference to " Schickel Road Extension " in the second "whereas " be changed to " Larisa Lane " . TB RESOLUTION NO . 2006 - 278 : Acceptance of Proposed Park Land in Conjunction with the Westview 32-lot Subdivision , Schickel Road WHEREAS , the Town of Ithaca Planning Board has granted Final Subdivision Approval for the proposed Westview 32-lot Subdivision , located at the intersection of Danby Road ( NYS Route 96B) and Schickel Road , Town of Ithaca Tax Parcel No . 36-2-3 . 2 , Low Density Residence District . The proposal consists of 31 residential lots and a 1 . 5 +/- acre lot for a park site located in the southeast corner of the property . Igor Chiekhet , Owner, Boris Simkin , Applicant ; and 16 Year End Meeting December 29, 2006 Approved January 8, 2007 WHEREAS , the applicant for the above- referenced subdivision has proposed to dedicate the 1 . 5 +/- acre parcel between Lots 12 and 13 , labeled " proposed parcel to be dedicated as Town Park , " as shown on the survey map entitled " Final Subdivision Map , Westview Subdivision , " dated 22 June 2004 , revised 11 / 15/04 , prepared by Lee Dresser, L . S . , T . G . Miller P . C . , to the Town of Ithaca for park and recreation purposes and for the purposes of connecting to and providing access via Larisa Lane to the adjacent Compton Park which currently has no direct access to it from Compton Road ; and WHEREAS , the Town Board of the Town of Ithaca in TB Resolution No . 2004- 130 accepted the concept and location of the above-described park land , road and other infrastructure , subject to the following conditions : 1 . That the specific surveyed location , deed , and abstract showing good and marketable title for the proposed improvements be submitted in a form acceptable to the Attorney for the Town of Ithaca , Director of Engineering , Highway Superintendent , and Director of Planning for the Town of Ithaca , prior to dedication and acceptance of the improvements by the Town Board ; and 2 . That Final Subdivision Approval be granted by the Town of Ithaca Planning Board , prior to the Town Board accepting said improvements ; and 3 . Completion of Schickel Road , Larisa Lane , all required utilities , and the water service and pressure improvements to the Danby Road/Schickel Road area , to the satisfaction of the Town Engineer and Town Highway Superintendent , prior to the acceptance of said improvements by the Town Board ; and WHEREAS , all of the above conditions have been met except completion of Larisa Lane , for which the Town has accepted a letter of credit to assure completion , and the Attorney for the Town has reviewed and approved with minor modifications the surveyed location , deed and abstract for the proposed park land ; and WHEREAS , an easement was conveyed to the Town providing access through the future Larisa Lane to the proposed park parcel ; and WHEREAS , pursuant to the New York State Environmental Quality Review Act (" SEQRA") and its implementing regulations at 6 NYCRR Part 617 , acceptance of the above- referenced park land is an Unlisted action for which the Town Board of the Town of Ithaca , acting as lead agency in an environmental review with respect to acceptance of this park parcel , has on December 29 , 2006 made a negative determination of environmental significance , after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts I and II prepared by the Town ' s Planning staff; NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the above- referenced park parcel ; and BE IT FURTHER RESOLVED , that said parcel shall be consolidated with the existing , adjacent Town of Ithaca park parcel known as Tax Parcel No . 36-2-4 . 61 . MOVED : Councilman Engman 17 Year End Meeting December 29, 2006 Approved January 8, 2007 SECONDED : Supervisor Valentino VOTE : Councilwoman Leary , aye ; Councilman Cowie , aye ; Councilman Stein , aye ; Councilman Engman , aye ; councilwoman Gittelman ; Councilman Burbank , aye ; Supervisor Valentino , aye . Agenda Item No . 15 — Discussion of Finger Lakes Land Trust Proposal Mr. Engman told the Board the reason the item was on the agenda was because they had introduced the concept at the last meeting when Andy Zepp appeared before the Board at their last meeting . What the Board has to do is decide if it is a good idea and , if so , decide what amount of money they would like to contribute to the County in order to help make it a reality. Mr. Engman started he threw out the figure of $20 , 000 because it matched what the County was talking about putting forward . The Town does have the money in the Open Space and Farmland Preservation account . It is on the agenda to see if Board members had any questions , if there is more information needed , or whether the Board is ready to make a decision at the Board ' s next meeting . Supervisor Valentino stated that Mr. Carvill has been doing some research on this and talking with Andy Zepp . She reported that Mr. Carvill does not feel right now that he has a good comfort level right now . He has a meeting and has requested some information that he does not have yet . Ms . Valentino asked Mr . Engman if this was something they needed to move on today . Mr. Engman told her it was not . Ms . Valentino stated it was a different kind of commitment than the Town has ever made before and she thought that made her want to look at it carefully . Ms . Brock told the Board that she had some more information on the subject . It is about the conditions that Cornell attached to the money that it gave the Land Trust ; Cornell gave the Land Trust $ 125 , 000 to purchase land and they used that for this purchase . The between Cornell and the Land Trust states that if the Land Trust dissolves and there is no successor organization to the Land Trust or if it is declared bankrupt or if it is no longer a tax exempt organization or it is disqualified from holding title to the land or if it is not holding and managing its interests in the land in accordance with the purposes of the agreement , and the purposes are that the land be held as natural areas with ecological significance , then the title reverts back to Cornell to hold for the same purposes as the Land Trust was holding them , as natural areas with ecological significance . There ' s also another condition that if the fulfillment of the purposes of the agreement with respect to the site have become impracticable , inappropriate , or impossible fulfillment , i . e . change of circumstances such as surrounding development that has caused permanent loss of ecological significance . Then the title reverts back to Cornell and Cornell can hold it for any purpose or dispose of the land . That' s pretty broad . It doesn 't say who makes the determination that the purposes of the agreement have now become impracticable , inappropriate , or impossible fulfillment . Tompkins County apparently has some problems with that particular provision . Ms . Valentino stated that Mr. Carvill raised that as one of the problems he had . Ms . Brock told the Board that the agreement says that this language needs to end up in the deed from the Babcocks to the Land Trust and they forgot to put it in . So they are in the process of preparing a deed of correction , which will put in some language but we actually have the ability to perhaps I influence what that language is . Ms . Brock asked for direction from the Board . One possibility that Andy Zepp threw out was perhaps , if the condition regarding surrounding 18 Year End Meeting December 29 , 2006 Approved January 8, 2007 development were to kick in , the property could go to Cornell to hold as a natural area and if they decline or if they are holding it as a natural area and they no longer want to , perhaps it could be offered to the Town as a Town Park or to the County as open space . Councilman Burbank asked if the situation where it was considered no longer ecologically appropriate and therefore could be changed in status , was that dependent on the Land Trust ceasing to exist . Ms . Brock told him , no , it was completely independent . Mr. Burbank stated that was truly a very worrisome provision where something could make the land more valuable and Cornell might be inspired we can now cash in and sell this for a lot of money . Ms . Brock told him the determination has to made by whom , it doesn 't say , that holding it as a natural area is now impracticable , inappropriate , or impossible fulfillment . The example they give such as if surrounding development causes permanent loss of ecological significance . She did not think it was just Cornell on it whim . When you think about the reality on the ground this is adjacent to State parkland , another Cornell natural area ; this is a fairly large piece of land in itself with very little road frontage . So it' s hard to imagine that you really could have a situation on the ground where surrounding development would somehow make this no longer have any ecological significance . None the less , it is there , and the Town may want to propose some other types of language for them to consider. Mr. Engman thought the first issue Ms . Brock raised , the Land Trust ceasing to exist and it has no other successor , is unlikely to occur. Most land trusts have some sort of agreement with somebody else , another land trust , to take over operations . He did not think that was worrisome . The second one needs to be dealt with . He thought Ms . Brock' s suggestions were excellent and the Board ought to take advantage and proceed full speed ahead . Mr. Stein asked what the Town had to do with this , stating it was an agreement between Cornell and the Land Trust . Ms . Brock told him he was right but if in fact the Town wants to donate some money to the Land Trust or give it to Cornell through some mechanism the Town could say they wouldn 't make the contribution to the County unless the language is fixed . The County likewise has indicated that they have problems with this language . Mr. Stein still did not understand exactly what was being proposed and asked for further explanation . Ms . Brock told him that there could be a rather significant amount of money that would be used to help facilitate the transaction , or at least help the Land Trust replenish their fund . The Land Trust feels Cornell would be amenable to making changes to the language if that is what it would take to get these public entities to help participate in this . Obviously if Cornell wanted to put its foot down and say , no , these were the conditions they could do that . But apparently they may be open to some reasonable suggestions which keeps them in the loop but perhaps can give the Town a greater comfort that the land will remain in its natural state . Mr. Stein could imagine that you could draw up some legal agreement that says it will revert to me if such and such happens and then it becomes a matter adjudication in the future and a court has to decide if such and such has happened . Ms . Brock told him she thought that was right and Cornell could say they wanted the language as they drafted it the deed , but it sounds as if they are willing to perhaps modify the agreement and modify this language if that will give a greater degree of comfort to the County and the Town to get some public money involved in the mix . Ms . Brock told the Board she hadn 't met with anybody from the County yet , but Ed Marx is the contact person . Andy Zepp has suggested that some Town staff meet with Ed Marx and Jonathan Wood , find out what their interests are , see if together they can come up with some joint language which they would bring back to the Board . 19 Year End Meeting December 29, 2006 Approved January 8, 2007 Ms . Valentino questioned how much of the land was located in the Town . Mr. Engman told him 35 acres is . Ms . Valentino asked if it was identified on Town maps as land the town wanted to preserve . Mr. Kanter did not know if it was specifically , but it is certainly in an area that has been identified as a significant natural area . Ms . Brock thought they have yet to know exactly what the County is doing , but she thought the purpose of the payment was to assure permanent public access to the land and trail connections to the Town ' s trail that end at the bridge to nowhere . Ms . Brock guessed the problem is they do not really know what the County is doing so it is hard to tell the Board exactly what to Town residents would be . Ms . Valentino felt they needed to get that clarified . Ms . Valentino stated one thing that bothered her a bit is that the Town has many times in the past ended up paying at least as much or more than some of the other larger municipal entities that have bigger budgets and she was not sure the Town should always do that . The County' s budget is something like 121 million and the Town ' s budget that is like 15 million ; it seems like the Town ' s contribution might be more like $ 10 , 000 instead of $ 20 , 000 . The item will be put on the January agenda for further discussion . Agenda Item No . 16 — Discussion of the 2007 Committees (Attachment #7 — 2007 Ithaca Town Committee Structure) Supervisor Valentino circulated a schematic of the committee structure for 2007 that she believes will be most workable . She reviewed with the Board their probable committee assignments as follows : Fiscal Planning and Capital Project — Valentino as chair, Engman and Stein Public Works — Stein as chair, Valentino and Gittelman Personnel — Cowie as chair, Valentino and Stein Comprehensive Plan Review — Valentino as chair, Engman and Leary Agricultural Land Preservation — same as Comprehensive Plan Review Transportation — Burbank as chair, Leary and Cowie Recreation — Gittelman as chair, Burbank and Valentino Records Management — Valentino and Leary Codes and Ordinances — Engman as chair, Valentino and Leary Ms . Valentino told the Board she was hoping to lighten her committee load this year. She wanted to remain on the Transportations Committee through the public hearing on the Transportations Study . Somebody could step into her place on the Codes and Ordinances Committee at any time . Mr. Kanter circulated recommendations he had for the operation of the Comprehensive Plan Review Committee . Agenda Item No . 18 - Discussion of walkways to Town park north of Conifer Village Mr. Engman recommended deferring this discussion to a later meeting . Mr. Burbank and Mr . Kanter agreed . 20 Year End Meeting December 29, 2006 Approved January 8, 2007 Agenda Item No . 19 — Consider Approval of the Conifer Payment in Lieu of Taxes (Attachment #8 — Memo from G . Krogh and copy of agreement) Mr . Krogh was present at the meeting to answer questions from the Board . Councilman Engman asked for verification that the Town was not dealing with Conifer in this deal , we are dealing with a subsidiary corporation of Tompkins County Better Housing . Mr .. Krogh told him he was correct . Mr. Engman felt the Board needed to know that if something went wrong with the project , they are not dealing with a huge corporation like Conifer, they are dealing with a local subsidiary corporation which means that our only alternative is to sue the little subsidiary corporation if we have to . We don 't have any access to the other bodies . Mr . Krogh told him that the subsidiary of Better Housing is the vehicle through which the pilot is being driven . In terms of the construction agreements , the easements , stormwater maintenance and everything else , that is still the responsibility of Conifer and various related entities to Conifer all of whom are not only signing on to the various agreements but actually signing on to another agreement that has been generated called a Compliance Agreement . Mr. Krogh told the Board that the Compliance Agreement will prevent any shell games from being played relative to changing corporate identities just prior to a transfer and he believed that Better Housing was the last of the entities to agree to the Compliance Agreement and they have agreed to it. Better Housing is an existing 501 (c) 3 and it has a number of these corporate subsidiaries . They are actually stand alones where Better Housing is the sole member and it' s through these different entities that the various deals are written . That is because it is within Better Housing ' s mission and because Better Housing is an existing not for profit and that is what they do . A lot of the projects in the County are run through Better Housing , just like this one . The PILOT is run through that entity because that is the entity that is going to hold title . All of the obligations relating to title , maintenance , compliance , etc . , are actually pursuant to an interest and equity agreement going to be held by one of the Conifter entities. In other words , this creature only exists for purposes of driving the PILOT and if the PILOT ceases to exists and there are a number of ways in the agreement whereby the PILOT could cease to exist , this entity would have no other reason for being . Mr. Engman stated that' s what he was leading to . He asked Mr. Krogh whether the ultimate remedy if this project fails in terms of their payment in lieu of taxes agreement is for the Town eventually to take over ownership of the property . He gave as an example that Better Housing goes bankrupt; the Town can 't get the money back that they' ve allowed to be foregone ; the only remedy is to own the property . Mr. Stein interjected asking what happens if Better Housing goes bankrupt . Mr. Krogh told him if they went bankrupt , the PIOLOT would end and the operating entity would then become 100 % responsible for taxes . Mr. Engman asked if the Town would be able to recover any foregone taxes prior to that time . Mr . Krogh told him if they were in compliance with the PILOT prior to going bankrupt then , no , you couldn 't recover any of the taxes that were foregone . Mr. Krogh continued stating absent almost immediate full occupancy , they will owe some taxes for the first couple of years , because the formula wouldn 't fully exempt all their taxes at that point . If you assume that they are at 100 % occupancy and in compliance with the requirements of the PILOT relative to providing subsidized housing rates , then they are entitled to their tax abatement . If they later go out of compliance or cease to exist then they would no longer be eligible for that year' s tax abatement or future tax abatements . But there would be no mechanism by which they would have to disgorge any prior payment unless you establish that the prior payment was improperly obtained , and there ' s provisions in there for doing that . Of course if they do have 21 Year End Meeting December 29, 2006 Approved January 8, 2007 to re-gorge those taxes and they don 't exist , how do you get the money , you can 't blood from a stone and , yes , that' s a risk . Mr. Engman brought the Board ' s attention to a new phrase introduced in IX(6) of the Agreement , "supervising agency" . Mr. Engman felt the language got confusing because it talks about , "the chief fiscal officer of the Town of Ithaca shall be the Supervising agency" . Later it says , when you go to sue or do other things , it says , "the Town and/or the Supervising Agency" is the one that decides on these things . It seemed confusing to Mr. Engman and he recommended making the Town of Ithaca the Supervising Agency and it would be consistent throughout . Otherwise , it seems like there are open questions as to who has authority to sue on behalf of the Town . Mr. Krogh told him the Town Board retains the authority to bring all suits in its own name and it can 't delegate that authority to any one person without the approval of the Town Board . Mr. Krogh agreed that the phrase "supervising agency" is a completely superfluous , confusing , and at times seemingly inconsistent term . It is in the agreement because it is paralleling the terminology that is used by the State of New York in section 577 of the Public Housing Development Law . They are trying to show in the PILOT that they are in compliance with section 577 and when the State of New York reviews this thing they will look to see whether or not a Supervising Agency has been designated and has been referenced as having the power that they are required to have . The Supervising Agency is usually the Town and by definition it is usually the chief fiscal officer of the Town or his or her designee . The Town Supervisor, by being the Chief Supervisory Agency , what that means is that the Town maintains supervisory control over the project to make sure that the PILOT is being honored and certain requirements relating to the project are being met . Such as , you ' re getting this tax abatement but not at the cost of storing your garbage , but not at the cost of storing your garbage in the creek bed ; you ' re getting this tax abatement but not at the cost of not shoveling your sidewalks . The Town has the ability as the Supervisory Agency to go in and suggest to the developers that they have to do certain things to maintain compliance with Town Codes . It is almost like the State of New York recognizes that low income housing engenders tenants of certain characteristics or traits and by making there be not only a developer and an owner, they also create a Supervising Agency so that the Town has some authority to prevent some of the problems that the State of New York Legislature assumes will happen in low income housing . Mr. Engman replied stating , that makes sense . He questioned the use of the and/or between "the Town and/or Supervising Agency" . It seemed to him that means that if the Supervising Agency is the Town Supervisor then the Town Supervisor would be able to bring an action . It did not make sense to him . He felt it should be the Town Board that does that . Since the Supervisor does not have the legal right to do that , Mr. Engman questioned why it was in the agreement . Mr. Engman asked that it be changed . Mr. Krogh told him that they did not want to take out the phrase " Supervising Agency" because then they are going to have all sorts of question marks flying at the DHCR and since the Town of Ithaca is not on the eligible list for 2007 you create all sorts of funding issues . Mr. Stein suggested adding " acting with the approval of the Town Board " after the phrase " Supervising Agency" . Ms . Drake suggested eliminating " or" from the "and/or" . The Board agreed upon Ms . Drake ' s recommendation . Mr. Krogh told the Board he would document search the agreement for "and/or" and make the needed changes . TB RESOLUTION NO . 2006 -280 : Approval of Conifer Village Ithaca Housing Development Fund Corporation Payment In -Lieu of Taxes Agreement 22 Year End Meeting December 29, 2006 Approved January 8, 2007 BE IT RESOLVED that the Town Board of the Town of Ithaca approves the payment in -lieu of taxes agreement with Conifer Village Ithaca Housing Development Fund Corporation , subject to the approval of the Attorney for the Town , and authorizes the Supervisor to execute the agreement on behalf of the Town . MOVED Councilman Engman SECONDED : Councilman Cowie VOTE : Supervisor Valentino , aye ; Councilman Burbank , aye ; Councilwoman Gittelman , aye ; Councilman Engman , aye ; Councilman Stein , aye ; Councilman Cowie , aye ; Councilwoman Leary , aye . Motion carried . Adjournment On motion by Councilman Engman , seconded by Councilman Cowie , the meeting was adjourned at 12 : 25 P . M . Respectfully submitted , Tee-Ann Hunter Town Clerk Next meeting January 8, 2007 23 r - Final Year-End Meeting of the Ithaca Town Board Friday, December 29 , 2006 at 10 : 00 a . m . 215 North Tioga Street, Ithaca , NY 14850 AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Board Comments 4 . 10 : 10 a . m . — Public Hearing to consider a Local Law Amending Chapter 125 of the Code of the Town of Ithaca , titled " Building Construction and Fire Prevention " , to conform Chapter 125 with New York State Requirements for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code 5 . Consider Adoption of Local Law Amending Chapter 125 of the Code of the Town of Ithaca , titled " Building Construction and Fire Prevention " , to conform Chapter 125 with New York State Requirements for Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code 6 . 10 : 15 a . m . — Public Hearing to consider a Local Law Amending Chapter 270 of the Code of the Town of Ithaca , titled "Zoning " , regarding Building Permits and Certificates of Occupancy 7 . Consider Adoption of a Local Law Amending Chapter 270 of the Code of the Town of Ithaca , titled "Zoning " , regarding Building Permits and Certificates of Occupancy 8 . 10 . 20 a . m . — Public Hearing to consider a Local Law Amending Chapter 153 of the Code of the Town of Ithaca , titled " Fees regarding Fees for Certificates of Occupancy 9 . Consider Adoption of a Local Law Amending Chapter 153 of the Code of the Town of Ithaca , titled " Fees " , regarding Fees for Certificates of Occupancy 10 . 10 . 25 a . m . — Public Hearing to consider a Local Law Amending Chapter 9 of the Code of the Town of Ithaca , titled "Appearance Tickets" , Designating Code Enforcement Officers to Enforce Codes Relating to Buildings , Zoning , Planning , Environmental Control , and Fire Prevention and Safety Final 11 . Consider Adoption of a Local Law Amending Chapter 9 of the Code of the Town of Ithaca , titled "Appearance Tickets" , Designating Code Enforcement Officers to Enforce Codes Relating to Buildings , Zoning , Planning , Environmental Control , and Fire Prevention and Safety 12 . Consider Referral of Draft Local Law Amending Provisions in Chapter 270 of the Town of Ithaca Code , Titled Zoning , Regarding Home Occupations to the Planning Board for a Recommendation , and Consider Setting a Public Hearing to Consider Adoption of Said Local Law 13 . SEQR — regarding Consider Acceptance of Parkland off Schickel Road/Larisa Lane in Conjunction with the Westview Subdivision 14 . Consider Acceptance of Parkland off Schickel Road/Larisa Lane in Conjunction with the Westview Subdivision 15 . Discussion of Finger Lakes Land Trust Proposal 16 . Discussion of 2007 Committees 17 . Consider Approval of Commercial Insurance 18 . Discussion of walkways to Town park north of Conifer Village 19 , Consider Approval of Conifer Payment In - Lieu of Taxes Agreement 20 . Consider Approval of Year- End Warrants 21 . Consider Adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Tee-Ann Hunter , being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper , Ithaca Journal: ADVERTISEMENT : TOWN OF ITHACA NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ithaca will hold public hearings as follows on December 29 , 2006 at the Town Hall located at 215 North Tioga Street , Ithaca , NY : At 10 : 10 a . m . -- for the purpose of considering a proposed local law amending Chapter 125 of the Town of Ithaca Code , titled " Building Construction and Fire Prevention " , to conform Chapter 125 with New York State requirements for Administration and Enforcement of New York State Fire Prevention and Building Code ; and , At 10 : 15 a . m . -- for the purpose of considering a proposed local law amending Chapter 270 of the Town of Ithaca Code , titled "Zoning " , regarding Building Permits and Certificates of Occupancy; and At 10 : 20 a . m . -- for the purpose of considering a proposed local law amending .Chapter 153 of the Town of Ithaca Code , titled " Fees " , regarding Fees for Certificates of Occupancy; and , At 10 : 25 a . m . -- for the purpose of considering a local law amending Chapter 9 of the Town of Ithaca Code , titled "Appearance Tickets " , designating Code Enforcement Officers to enforce codes relating to Buildings , Zoning , Planning , Environmental Control and Fire Prevention and Safety . A copy of the proposed local laws are on file at the Town Clerk' s Office and available for review during regular office hours , Monday through Friday , 8 a . m . to 4 p . m . FURTHER NOTICE IS GIVEN that at such time and place all persons interested in the proposed local laws may be heard concerning the same ; and FURTHER NOTICE IS GIVEN that individuals with visual or hearing impairments or other special needs will be provided with assistance as necessary , upon request . Persons desiring assistance must make a request to the Town Clerk not less than 48 hours prior to the time of the public hearing . Tee-Ann Hunter Town Clerk Dated : December 15 , 2006 12 / 29 / 06 Town Board Mtg . ATTACHMENT # 1 j ^ • NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. eaurty" qtr of _ ITHACA - . . . . . . . . Town V4fiage Local Law No. 15- - - - • - - - - - -- - - - - • • - - • - - - - - - - • - - - of the year 20.9. AMENDING CHAPTER 125 OF THE TOWN OF ITHACA CODE TITLED Alocal law - - - - - - - - - - - - - -- - . . . . . . . . . -- - . . . . . . . . - - . . . . . . . . . . . . . . . . . . - . . . . . .. . . - - - - - - - -- - - - - - - - - . . . . . . . . . � - - - -- -- - - - - - - - - (Imen Title) " BUILDING CONSTRUCTION AND FIRE PREVENTION " , TO CONFORM . - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - -- - - --- -- - - - - - - - - CHAPTER 125 WITH NEW YORK STATE REQUIREMENTS FOR ADMINISTRATION - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - --- - - - - -- - -- - - -- - - -- - - - - - - - - - - - - - - - - -- - -- - - - - - - - - AND ENFORCEMENT OF NEW YORK STATE FIRE PREVENTION AND BUILDING - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - . . . . . .. . .. . . . - - - -- - - - . . .. . .. - - - - . .. . . . . . . . . -. . . . . . . .. . .- . . . . . . . . . . .. ... . . .. . . . . . CODE * TOWN BOARD 1Ba It enacted by the - - - -- - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- - -- - - - --- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - ----- of the T r V (Name o(Legislative Body) "C4ty` of _ _ ITHACA . . . . . . . . . . - - - - - - - _ _ _ _ _ as follows : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - _ _ Town 25 PAGES Vittage- (If additional space is needed , attach pages the same size as this sheet, and number each.) DOS-239 Rev. 11/99) `l� TOWN OF ITHACA LOCAL LAW NO . 15 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 125 OF THE TOWN OF ITHACA CODE, TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION," TO CONFORM CHAPTER 125 WITH NEW YORK STATE REQUIREMENTS FOR ADMINISTRATION AND ENFORCEMENT OF NEW YORK STATE FIRE PREVENTION AND BUILDING CODE Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . The text of Chapter 125 of the Town of Ithaca Code, titled "Building Construction and Fire Prevention," is hereby deleted in its entirety and replaced by the following text : Chapter 125 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125- 1 . Scope. § 125-2 . Administration. § 125-3. Rules and regulations. § 1254. Building permits. § 125-5. Construction inspections. § 125-6. Stop work orders. § 125-7. Certificates of occupancy. § 125-80 Operating permits. § 125-9 . Fire safety and property maintenance inspections. § 125 40. Notification regarding fire or explosion . § 12541 . Complaints. § 12542 . Violations. § 125. 13. Penalties for offenses. December 6, 2006 1 § 125- 14. Records . § 125- 15 . Removal of dangerous buildings or structures. § 125 46. Variance and review. § 125 4 . Scope . This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform Code ") in the Town of Ithaca, and shall establish powers , duties , and responsibilities in connection therewith. § 125-2 . Administration. The Code Enforcement Officers are hereby designated to administer and enforce the Uniform Code within the Town of Ithaca. The Town Board may also designate by resolution other individuals or entities to administer and enforce the Uniform Code, provided that such individuals and entities shall not have the power to issue building permits , certificates, orders and appearance tickets unless they are public officers . Any individuals or entities designated by the Town Board to administer and enforce the Uniform Code shall have qualifications comparable to those of an individual who has met the requirements of 19 NYCRR Part 434 (Minimum Standards for Code Enforcement Personnel in the State of New York), as amended, or any successor regulation. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Uniform Code . Such rules and regulations shall not conflict with the Uniform Code, this chapter, or any other provision of law. B . The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 125-4 . Building permits . A . No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal , or demolition of any building or structure (including signs, except as specified in Chapter 221 , Signs, of the Code of the Town of Ithaca) , nor install heating equipment, nor undertake any December 6. 2006 2 other work which must conform to the Uniform Code, without having applied for and obtained a building permit from a Code Enforcement Officer. Notwithstanding the foregoing, no building permit shall be required for: ( 1 ) Construction or installation of a one-story accessory building in an agricultural or residential district associated with one- or two- family dwellings or multiple single-family dwellings (townhouses), provided that such building : (a) Is used for a tool or storage shed, playhouse or other similar use ; (b) Costs less than $ 3 ,000 ; (c) Is less than 12 feet in height and has a gross floor area that does not exceed 144 square feet; (d) Does not involve the installation or extension of electrical, plumbing, or heating systems ; and (e) Does not include the installation of solid fuel burning heating appliances and associated chimneys and flues . (2) Construction of parking spaces for one- or two-family dwellings or multiple single-family dwellings (townhouses) ; (3 ) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) ; (4) Installation of swimming pools associated with a one- or two- family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (5 ) Installation of fences which are not part of an enclosure surrounding a swimming pool and which are not over six feet high above the natural grade ; (6) Construction of retaining walls, unless such walls support a surcharge, impound Class 1, II or IIIA liquids as defined in the Uniform Code, or are over six feet high above the natural grade ; (7) Construction of temporary motion picture, television and theater stage sets and scenery; December 6, 2006 3 (8) Installation of window awnings that do not extend further than four feet beyond the exterior face of the exterior wall, measured horizontally, and that are supported by an exterior wall of a one-or two- family dwelling or multiple single-family dwellings (townhouses) ; (9) Installation of partitions or movable cases less than T-9 " in height; ( 10) Painting, wallpapering, tiling, carpeting, or other similar finish work; ( 11 ) Installation of listed portable electrical , plumbing, heating, ventilation or cooling equipment or appliances; ( 12) Replacement of any equipment provided the replacement does not alter the equipment' s listing or render it inconsistent with the equipment's original specifications ; and ( 13 ) Repairs, provided that such repairs do not involve : (a) The removal or cutting away of a loadbearing wall , partition, or portion thereof, or of any structural beam or load bearing component ; (b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress ; (c) The enlargement, alteration, replacement or relocation of any building system ; (d) The removal from service of all or part of a fire protection or fire detection system for any period of time ; and (e) In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building . B . An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the Uniform Code and shall in no case relieve the property owner from compliance with other provisions of this chapter or of the Uniform Code, or any successor laws , ordinances , statutes or regulations . December 6, 2006 4 C . Applications for building permits may be obtained from the Code Enforcement Officer. ( 1 ) An application for a building permit shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with the requirements of the Uniform Code, this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, and other applicable state and local laws, ordinances and regulation. All applications shall include the following information and documentation : (a) A description of the proposed work; (b) The tax map number and the street address ; (c) The occupancy classification, as defined by the Uniform Code , of any affected building or structure ; (d) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code ; (e) At least two sets of construction. documents (drawings and/or specifications) that define the scope of the proposed work; (f) The full name and address of the owner and applicant and,. if either be a corporation, the names and addresses of responsible officers ; (g) The estimated cost of the proposed work with appropriate substantiation as may be required by the Code Enforcement Officer; (h) The signature of the applicant or authorized agent; (i) The building permit fee as specified in Chapter 153 , Fees, of the Code of the Town of Ithaca. (j ) A statement that the work shall be performed in compliance with Chapter 270 , Zoning, the Uniform Code, and other applicable state and local laws, ordinances, and regulations ; and December 6, 2006 5 (k) Such other materials, information, or items as may be reasonably required by the Code Enforcement Officer in order to determine whether the proposed work will be in compliance with all applicable laws, rules, and regulations, including Chapter 270 , Zoning, the Uniform Code, and this chapter. (2) Construction documents shall not be accepted as part of an application for a building permit unless such documents : (a) Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (b) Indicate with sufficient clarity and detail the nature and extent of the work proposed ; (c) Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code ; and (d) Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the distances between the structures and the lot lines, and any other information required by Article XXIII of Chapter 270, Zoning, of the Code of the Town of Ithaca. (3 ) Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code, Chapter 270 , Zoning, and any other applicable laws, rules or regulations . Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp . One set of accepted construction documents shall be retained by the Town. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer. D . A permit will be issued when the Code Enforcement Officer determines the application is complete and the proposed work will conform to the requirements of the Uniform Code , Chapter 270, Zoning, and any other applicable laws , rules or regulations . The authority conferred by such permit may be limited by conditions , if any, contained therein. The permit shall require the applicant to notify the Code Enforcement Officer December 6. 2006 immediately of any changes in the information contained in the application during the period for which the permit is in effect, or of any changes occurring during construction. E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit, and with the accepted construction documents, and there shall be no deviations therefrom without the prior approval of the Code Enforcement Officer. Such approval may be withheld until sufficient information is provided to the Code Enforcement Officer in form and substance reasonably satisfactory to the Code Enforcement Officer to demonstrate that the proposed deviation is in compliance with the Uniform Code, Chapter 270 , Zoning, this chapter, and all other applicable laws, rules and regulations . F . Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed . G . A building permit, once issued, may be suspended or revoked if the Code Enforcement Officer or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Uniform Code, with Chapter 270 , Zoning, with any other law, . rule, regulation or ordinance, with any condition attached to such permit, or if information submitted in connection with the application for the permit was incorrect, inaccurate or incomplete . Such suspension or revocation shall be in effect until such time as ( 1 ) the permit holder demonstrates to the Code Enforcement Officer' s satisfaction that all work completed and all work proposed shall be in compliance with these items_ and requirements, and (2) in the case of a revoked permit, the holder of the revoked building permit applies for and receives a new building permit. H . A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy) , whichever occurs first. The permit may, upon . written request, be renewed for successive one-year periods provided that 1 ) the permit has not been revoked or suspended at the time the application for renewal is made ; 2) the relevant information in the application is up-to-date ; and 3 ) a renewal fee is paid as specified in Chapter 153 , Fees, of the Code of the Town of Ithaca. At the option of the Code Enforcement Officer, where the work disclosed by the application may reasonably be expected to take longer than one year, the Code Enforcement Officer may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application . December 6, 2006 7 I . Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Code Enforcement Officer under the following circumstances and subject to the following limitations : ( 1 ) The circumstances under which foundation permits may be issued are as follows : (a) There has been supplied to the Code Enforcement Officer plans which, in the Code Enforcement Officer' s judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Code Enforcement Officer, such as an engineer's or architect' s certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foundation permit is established to the satisfaction of the Code Enforcement Officer (e . g. , onset of adverse weather conditions , immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building) . (2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement Officer and the applicant shall have no right to the issuance of same . (3 ) In addition to the conditions on such permits imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such permits as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public , including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town' s discretion, to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Code Enforcement Officer may be revoked by the Town Board if, in its discretion, the December 6. 2006 8 Town Board determines the issuance of the foundation permit was inappropriate. (5 ) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. (6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure . (7) Foundation permits may be revoked at any time by the Code Enforcement Officer if the Code Enforcement Officer in his discretion: (a) Determines that the foundation will not be adequate to support the balance of the structure ; (b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation; (c) Determines , in his judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit. (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable. (e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit. (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires : However, the Code Enforcement Officer may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition December 6. 2006 9 it was prior to the commencement of any excavation and construction. ( 10) The fee for the issuance of a foundation permit shall be as specified in Chapter 153 , Fees, of the Code of the Town of Ithaca. § 125-5. Construction inspections. A . Permitted work shall be required to remain accessible and exposed until inspected by the Town or its designee and accepted by the Code Enforcement Officer. Permit holders shall be required to notify the Code Enforcement Officer when construction work is ready for inspection. B . Provisions shall be made for inspection of the following elements of the construction process, where applicable : ( 1 ) Work site prior to the issuance of a permit ; (2) Footing and foundation; (3 ) Preparation for concrete slab ; (4) Framing ; (5 ) Building systems, including underground and rough-in; (6) Fire resistant construction; (7) Fire resistant penetrations ; (8) Solid fuel burning heating appliances, chimneys , flues or gas vents ; (9) Energy code compliance ; and ( 10) A final inspection after all work authorized by the building permit has been completed . C . After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code . Construction work not in compliance with Uniform Code provisions shall be required to remain exposed until it has been brought into compliance with the Uniform Code , been reinspected, and been found satisfactory as completed . December 6, 2006 10 D . To facilitate such inspection and to insure compliance with appropriate Zoning and Uniform Code requirements, the Code Enforcement Officer may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items : ( 1 ) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure ; (2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Code Enforcement Officer may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations ; (3 ) Certificates from appropriate electrical inspection agencies such as New York Board of Fire Underwriters certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations . E . The Code Enforcement Officer or other person designated by the Town Board pursuant to § 125 -2 shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Uniform Code, Chapter 270 , Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied . Such orders may be served upon the owner or his authorized agent personally or by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last known address . If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Code Enforcement Officer or other person lawfully designated by the Town Board may revoke the building . permit for such construction and no further construction shall occur until a new permit has been issued as specified in § 125 -4(G) . F . The Code Enforcement Officer or other person lawfully designated by the Town Board shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at or authorization from the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. December 6, 2006 11 § 125-6. Stop work orders. A. Authority to issue . The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt : ( 1 ) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or State Energy Conservation Construction Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work, or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required , and without regard to whether a building permit has or has not been issued for such work, or (3 ) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked . B . Content of Stop Work Orders . Stop Work Orders shall ( 1 ) be in writing, (2 ) be dated and signed by the Code Enforcement Officer, (3 ) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume . C . Service of Stop Work Orders . The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the building permit holder, on the building permit holder) personally or by certified mail . The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail ; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. D . Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the building permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. December 6. 2006 12 E . Remedy not exclusive . The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 125 = 13 or other sections of this chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to , at the time of, or after the issuance of a Stop Work Order. § 1254. Certificates of occupancy. . A . A certificate of occupancy shall be required for all work for which a building permit is required to be issued under this chapter, any other Code provision, local law, ordinance, rule or regulation of the Town of Ithaca, or the Uniform Code or any successor statute or regulation. Further, a certificate of occupancy shall be required for all buildings, structures, or portions thereof, which are converted from one general use or occupancy classification or subclassification, as defined by the Uniform Code, to another. The following requirements shall also apply : ( 1 ) Except as set forth below in Subsection B , a building or . structure for which a building permit is required to be issued shall not be used or occupied in whole or in part until the certificate of occupancy shall have been issued by the Code Enforcement Officer or such other person lawfully designated by the Town of Ithaca. The Code Enforcement Officer or designee shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable , a written statement of structural observations and/or a final report of special inspections, and flood hazard certifications, prepared at the expense of the applicant in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, must be received by the Code Enforcement Officer prior to the issuance of the certificate . Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the Uniform Code, Chapter 270, Zoning, and other applicable laws, rules and regulations . (2) A certificate of occupancy shall contain the following information : (a) The building permit number, if any; 1 December 6, 2006 13 (b) The date of issuance of the permit, if any; (c) The name, address and tax map number of the property ; (d) If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued; (e) The use and occupancy classification of the structure ; (f) The type of construction of the structure ; (g) The assembly occupant load of the structure, if any; (h) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (i) Any special conditions imposed in connection with the issuance of the building permit; and (j ) The signature of the official issuing the certificate and the date of issuance . (3 ) The fees for certificates of occupancy are set forth in Chapter 153 , Fees, of the Code of the Town of Ithaca. The applicable fee shall be paid before a certificate of occupancy is issued . B . Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, pending completion of the work and before the entire work covered by a building permit has been completed, only if the structure or portions thereof may be occupied safely, any installed fire- and smoke-detecting or fire protection equipment is operational, all required means of egress from the structure have been provided, and the conditions set forth below are met. ( 1 ) Before issuing a temporary certificate of occupancy the Code Enforcement Officer must find : (a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life , property or the public welfare ; and (b) Practical difficulties exist in completing the building, structure or site improvements to the point where the December 6. 2006 14 building, structure or site improvements would qualify for a permanent certificate of occupancy because of. [ 1 ] Construction delays resulting from : [a] Unfavorable and unusually difficult weather conditions; or [b] Inability to timely obtain materials ; or [c] Other conditions found by the Code Enforcement Officer to warrant early occupancy; or [2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy is related to the normal seasonal occupancy dates (e . g . , late August when the community has the normal influx of University-related residents) ; or [3 ] Any other reason found by the Code Enforcement Officer to be appropriate for the issuance of such temporary certificate. (2) The granting of a temporary certificate of occupancy is solely within the discretion of the Code Enforcement Officer and no applicant shall have a right to same. (3 ) In addition to the conditions on such certificates imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such certificates as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town ' s discretion, to assure that the building or structure for which a temporary certificate of occupancy is sought will be fully completed and qualify for a permanent certificate of occupancy for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be December 6, 2006 15 reasonably necessary or appropriate to protect the public health and welfare . (4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy inappropriate, the Town Board may overrule the Code Enforcement Officer, in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Code Enforcement Officer, whichever is later. (5 ) The issuance of a temporary certificate of occupancy does not relieve the applicant from fulfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy. (6) Issuance of a temporary certificate of occupancy is not to be construed as a determination that a final certificate of occupancy will be automatically issued . (7) In addition to the Town Board' s privilege of revoking the temporary certificate of occupancy, it may also be revoked by the Code Enforcement Officer at any time under one or more of the following circumstances : (a) The Code Enforcement Officer becomes aware of a condition which presently endangers , or in the future may endanger, life, health, property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate . (b) The Code Enforcement Officer determines in his judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy. (c) The Code Enforcement Officer becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy reasonably inappropriate or inadvisable . (d) The Code Enforcement Officer determines the existence of any other circumstance which reasonably requires the revocation of the certificate . ( 8) The temporary certificate of occupancy shall be issued for such period as the Code Enforcement Officer may elect, but not in any December 6. 2006 16 event to exceed six months, except as provided below. However, the Code Enforcement Officer may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate . (9) Discretionary actions. (a) Notwithstanding the foregoing provisions of Subsection B(8) above , however, the Town Board may, after public hearing on at least five days' notice upon the application of the property owner, authorize the Code Enforcement Officer : [ 1 ] To issue a temporary certificate of occupancy for a period greater than six months if the Board finds : [a] It is likely the conditions which require the issuance of a temporary certificate of occupancy will extend for a period in excess of six months ; and [b] Denial of an extended period for the certificate would create a significant hardship to the applicant; and [c] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and [d] The life of the temporary certificate, including any extended period, is not greater than three years ; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125 -7 , Subsection B , have been met. [2] To reduce or waive the fee charged for a temporary certificate of occupancy if the Board finds : [a] The fee for the original building permit was sufficiently large to cover the costs to the December 6. 2006 17 Town, including Code Enforcement Officer inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy, and any temporary occupancy certificates including the one for which a reduction in fee is requested; and [b] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and [c] The need for the temporary certificate of occupancy was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and [d] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above ; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125 -7, Subsection B , have been met. (b) The Town Board, in granting an application for a longer temporary certificate of occupancy or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining . ( 10) A temporary certificate of occupancy can also be granted by the Code Enforcement Officer in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Code Enforcement Officer, the owner or other person in possession is taking action (either by construction or by application for an appropriate variance) to correct the violation, and the issuance of the temporary certificate of occupancy will not endanger life, health, property, or the public welfare . The issuance of a temporary certificate of occupancy under these circumstances and the right to revoke same are governed by the same provisions relating to the issuance of a temporary certificate of occupancy based upon construction pursuant to a building permit. December 6. 2006 18 ( 11 ) The fee for the issuance of a temporary certificate of occupancy shall be as specified in Chapter 153 , Fees, of the Code of the Town of Ithaca. C . A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the fees set forth in Chapter 153 , Fees, of the Code of the Town of Ithaca. D . Revocation or suspension of certificates . If the Code Enforcement Officer determines that a certificate of occupancy was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate . § 125-8. Operating permits. A. No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the facilities listed below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in Subsection C of this section and § 125 -9 below, obtained an operating permit: ( 1 ) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in tables 2703 . 1 . 1 ( 1 ), 2703 . 1 . 1 (2) , 2703 . 1 . 1 (3 ) or 2703 . 1 . 1 (4) , of the Fire Code of New York State (see 10 NYCRR Part 1225 ) . (2) Hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. . (3 ) Use of pyrotechnic devices in assembly occupancies . (4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. (5 ) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer. (6) Multiple residences involving buildings containing three or more dwelling units . December 6. 2006 19 (7) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums . (8) Child and adult day-care centers and facilities as defined in Chapter 270 , Zoning, of the Code of the Town of Ithaca. (9) Dormitories providing accommodations for sleeping for hire for more than four people . ( 10) Motels or hotels providing sleeping accommodations for hire for more than four people . B . Any individual or entity who proposes to undertake the. types of activities or operate the types of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code . Tests or reports that the Code Enforcement Officer determines are necessary to verify conformance shall be required at the expense of the applicant and shall be conducted by such persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer. C . The Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit. D . In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities . E . An operating permit shall be valid for a period of three years from its date of issuance, unless earlier revoked or suspended . F . The operating permit shall be displayed on the property or premises covered by the operating permit. G . Revocation of operating permits . Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, if information submitted in connection with the permit application or with a condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comply with applicable December 6. 2006 20 provisions of the Uniform Code, or where there is a violation of applicable law under which the operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. § 125-9. Fire safety -and property maintenance inspections. A. The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of areas of public assembly, as defined in the Uniform Code, at least once per year. Such inspections may be made at any reasonable time . B . The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities where more than 10. people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270 , Zoning, of the Code of the Town of Ithaca, and all dormitory buildings, regardless of the number sleeping accommodations . Such inspections may be made at any reasonable time . Upon completion of the inspection if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125 -8 , upon payment of the applicable fees for the inspection and the permit. C . An inspection of a building or dwelling unit may be performed at any other time upon a) a request of the owner or authorized agent; or b) receipt of reasonable and reliable information that a violation of the Uniform Code, ,this chapter, Chapter 270, Zoning, or other law, rule or regulation exists . D . If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or his designee may apply to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter. E . Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. No inspection by any federal , state or local agency shall supersede, limit or impair the powers, duties and responsibilities of the Town. December 6. 2006 21 § 125- 10 . Notification regarding fire or explosion. The chief of any fire department providing fire fighting services for a property within the Town shall notify the Code Enforcement Officer by the next business day of any fire or explosion involving any structural damage, fuel burning appliance , chimney or gas vent. § 12541 . Complaints. A . The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with this chapter, Chapter 270 , Zoning, of the Code of the Town of Ithaca, the Uniform Code, the New York State Energy Conservation Construction Code, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the New York State Energy Conservation Construction Code . B . The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate : ( 1 ) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection. (2) If a violation is found to exist, providing the owner of the affected property and any other person or entity who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding as described in § 125 - 12 (Violations) and § 125 - 13 (Penalties for offenses) of this chapter. (3 ) If appropriate , issuing a Stop Work Order. (4) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint . § 125- 12 . Violations. A . A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all provisions of the Uniform Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith. December 6, 2006 22 B . Whenever the Code Enforcement Officer finds that there has been a violation of the Uniform Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order may be issued to the - person or persons responsible. C . Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time within which an appeal may be taken. D . Violation orders may be served by personal service, by mailing by _ registered .or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. E. In case the owner, lessor, occupant or the agent of any of them shall fail , neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Attorney for the Town of Ithaca. § 125- 13. Penalties for offenses. A. Failure to comply with any provision of the Uniform Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than $ 100 , or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Code Enforcement Officer is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca. B . An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such. remedy shall be in addition to penalties otherwise prescribed by law. December 6. 2006 23 § 125- 14. Records. The Town Building and Zoning Department and Town Clerk shall keep official records of all permits, inspection reports, recommendations, complaints, violation orders and fees charged and collected pursuant to this chapter, in compliance with the applicable record retention requirements of the New York State Archives and Records Administration . § 12545. Removal of dangerous buildings or structures. A . A building or structure, or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment is hereby declared to be a public nuisance . B . Whenever the Code Enforcement Officer finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment, the Code Enforcement Officer may cause it to be demolished and removed or may cause work to be done in and about the building, structure or equipment as may be necessary to remove the danger. C . The Code Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe . D . Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building, structure or equipment, or part thereof. E . All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building, structure or equipment, shall be assessed against the land on which such building or structure is located, and a bill for such costs and expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises . If the owner shall fail to pay for such costs and expenses within 10 days after the bill is presented or posted, then such unpaid costs, expenses and interest accruing at the rate of 9% per annum from the date of the Town ' s work shall constitute a lien upon such land . A legal action or proceeding may be brought to collect such costs, expenses, interest and recoverable attorney' s fees, or to foreclose such lien . As an alternative to the maintenance of any such action, the Code Enforcement Officer may file a certificate of the actual costs and expenses incurred and interest accruing as aforesaid, together December 6. 2006 24 with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof with the Tompkins County Department of Assessment, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. § 12546. Variance and review. A . A request for a variance from the requirements of Chapter 270 , Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning. B . A request for a variance from the provisions of the Uniform Code and an appeal to review determination of or failure to render a determination by the Code Enforcement Officer based upon the Uniform Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 1205 , or any successor rules, regulations or statutes . Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Uniform Code or any successor statute, no building permit shall be issued except pursuant to written order of the appropriate Board of Review. Section 2 . This local law shall apply to all violations committed on or after the effective date of this law, and to all violations that began before the effective date of this law and continue after the effective date of this law. Violations committed before the effective date of this law that do not continue after the effective date of this law shall be governed by the provisions of Chapter 125 that were in effect immediately prior to the effective date . Section 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect immediately upon filing with the New York Secretary of State . December 6. 2006 25 (Complete the certification in the paragraph that applies to the Ming of this local law and strike out that which is not applicable.) nal adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No . - - - _ _ _ _ _ _ 15 - - - - - - - _ . . . _ _ _ _ _ _ of 20- 06 Ithaca of the (Couny)(ertq)(Town) (V hgc) of - - - - - - =- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - was duly passed by the _ _ _ _ Town_ oard_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ Dec . 29 20 06, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- -- - - - of the (County)(City)(Town) (Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- -- - - - - - -- - - - - - - - - -- - - - - - - - was duly passed by the ___ _ _ _ _ _ _ _ __ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ on - - - - - -- - - - - - - - - - - - 20 - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - =- - - - -= - - - - - - - - - - = - - - - - - - - - - - --- - - - - - - - - - - - - - - and was deemed duly adopted on - - - - - - - - - - - - - - - - - - 20. -- , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law, al adoption by referendum .) I y certify that the local law annexed hereto, designated as local law No. __ __ _ ___ __ __ _ __ _ _ ____ _ __ _ _ ____ _ _ _ _ _ of 20- - - - - - (County)(City)(Town) (Village) of . . .- - - - - - - - --- - - - - -- - - - - - - - - - - - - - - - - _ _ _ . .. . . . ... . . ... . . . . . . . . . . ._ was duly passed by the _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - --- - - - - - - - -- - - - - 20- - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- on-- - - -- - -- - -- - - -- - - - 20. . . . . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on - - - - - - - -- - -- - - - - -- 24 --- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No. _ _ __ _ __ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ of 20_ _ __ _ _ of the (County)(City)(Town)(Village) of . . . . . . .. . . . . . . . . .. . . . . . . .. _ _ _ _ _ _ - - - - - - - - --_ - - -- - - - - - - - - - - - - - - - -- - was duly passed by the - - - - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - _ . . . .. ... . . . 20- -- - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - -- - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - -- - - - - - - - - - -- 20 - - - . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of _ _ .. . . . . . . . . . _ . .. . 20L __ _ , in accordance with the applicable provisions of law. * ave Chief Executive Officer means or includes the chief executive officer of a county elected on a countya . basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) . 50 , �°�`$ty local iaw concep l�l zg Charl er revision proposed Pay Petition.) 1 l; y certify that the local lave annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - - ofCity of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of (36)(37) of the Municipal Horne Rule Law, and having received. the affirmative vote ofa majority of the qualllled electors of such city voting thereon at the (special)(general) election held on _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ 20 . . .. , became operative . C (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. . _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _____ _ __ __ _ _ _ _ __ _ _ _ of 20_ _ :_ _ _ of the County of - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- - - -- State of New York, having been submitted to the electors at the General Election of November _ _ _ _ _ _ _ _ _ __ _ _ _ ___ _ _ __ _ 20- -- - , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed , please provide an appropriate certification.) [ further certify that I have compared the preceding local law with the original on file in this office and that the same s a correct transcript thlI refrom and of the whole of. such original local law, and was finally adopted in the manner in- iicated in paragraph- - - --- - - - - - - - above. - - TEE — ANN HUNTER � _ Clerk of the County legislative body, City, Town or Village Clerk. or officer designated by local legislative body Date : 1 / 3 / 2007 Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or ether authorized attorney of locality.) TATEOFNEW„1 y(Q KINS lour4w OF , the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings Lave been had- or taken for the enactment of the local law annexed hereto . Signature ATTORNEY FOR THE TOWN Title county Town of TTHAC. A Date : 6 r P 17 (3) 12 / 29 / 06 Town Board Mtg . ATTACHMENT # 2 iL al Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. C;btmtp CAO' of_ _ I . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Town Vi singe Local Law No. - - - 16 - - - - - - - - - - -- - - - - - - - - - - - - - - - - - of the year 20. 06 - AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE.. _ - TITLED Alocal law . - . - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -- - -- - -- - - - - - - - - - - - - - - (1r rt Tide) . " ZONING " , REGARDING BUILDING PERMITS AND CERTIFICATES -- - - - - - - - - - - - - - --- - - - - - - -- -- -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - -- - - -- -- - -- -- -- -- - - - - OF OCCUPANCY - - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - -- - -- - - - - -- - - - - - - - - - - - - -- -- - ---- - - - - - - - -- -- - - --- -- - - - - - - - - - - - -------- - - -- - - - - - Beit enacted by the - - - -- - - --- - -TOWN- - - - - - - -- -BOARD- - - -- - - - - -. . . - - .. . . . . -. . . . . ... . . .- - - - -- - - .. .. . . . . .... . . . . . . . .. ... .. of the ( (Nmae ofLe�la&e Body) �.'mmt y etty- ITHACA _ _ _ _ _ _ _ _ _ _ _ _ as follows : Townof - - - - - - - - - - - - - - - -- - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - -- - - - (If additional space is needed , attach pages the same size as this sheet, and number each.) DOS-239�Rev. 11/99) (1) TOWN OF ITHACA LOCAL LAW NO. 16 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE, TITLED "ZONING," REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 270 (Zoning) , Section 270-233 of the Town of Ithaca Code, titled "Permit to build," is amended by deleting paragraphs A through G and replacing them with the following text: "Al No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221 , Signs, of the Code of the Town of Ithaca) , nor install heating equipment, nor undertake any other work which must conform to New York State ' s Uniform Fire Prevention and Building Code, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of Ithaca. Notwithstanding the foregoing, no building permit shall be required under those circumstances specified in § 125 -4(A) of the Code of the Town of Ithaca for which no building permit is required . B . No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter. " Section 2 . Chapter 270 (Zoning) , Section 270-234 of the Town of Ithaca Code, titled "Certificate of occupancy," is amended by deleting its entire text and replacing it with the following text: "A certificate of occupancy shall be required for all work and other circumstances specified in § 125 -7 of the Code of the Town of Ithaca. " Section 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. December 6, 2006 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) al adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - 16- - - - - - - - - - - - - - - - - - - - - - - - of 20.06 of the (County)(CItY)(Town) (Village) of - -- -- - - - - - - - Ithaca- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - was duly passed by the Town Board _ _ _ _ _ _ _ __ _ on _ _Dec . 29 _ _ 20 06 in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto , designated as local law No. -- - - - - - - -- - - - - - - - - - - - - -- - - -- - - - - - - - of 20- -- -- - of the (County)(City)(Town) (Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- -- - - - - - - -- - - - - - - - -- - - - - was duly passed by the ... .... .. . .... . . . ... _ _ _ _ _ . . . . . . . . . . . ._ . . . . . . ._ _ on -- - - - - - - -- - - - - - - - - 20 - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - =-- - --= - - - - - - - - - - = - - -- - - - - - - - - - - - - -- - - -- - - - - - - and was deemed duly adopted on - - - - - -- - - - - - - - - - - - 20.. .. , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3 nal adoption by referendum .) y certify that the local law annexed hereto, designated as local law No. -- - - - - - - - - - - - - -- - - - -- - --- - -- - - - - - - - of 20- - - - - - (County)(City)(Town)(Vllage) of . . . . .. . . . . .- - . . . . . . .. . . . . . . . . . . . . . . . . .. - - - - - - --- -- - - - - - - - - -- - - - - - was duly passed by the .. . ... . . . .. . . . . . . . . . . . . . . . _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ on -- -- -- - - - - - - -- - - - - 20- - -- , and was (approved) (not approved)(repassed after ( e of Legislative Body) disapproval) by the - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - - .. . .. . . . .. . . . .. on-- - - -- - -- - -- -- - - - -- 20- - - - . Such local law was submitted (Elective Chief Executive Officer•) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on - - - - - - - - - --- - - - - -- 20. -- - , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No. _ __ __ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ of 20. . .. . . of the (County)(City)(Town)(Village) of - - - - - - -- - - - -- - - - -- - - - - - - - -- - - - - - - - - - - - ---- - - - - - - - - - - - - - - - - - - - - - - was duly passed by the .. . . . . . . . . . . . . . _ . . . . . . . .. . .. . _ _ _ _ . . . . . . _ _ _ _ _ _ _ _ _ __ _ on _ _ _ . . . . . . . . . . .. . . . 20- -- - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - - - - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - -- - - - - - - - - - - - on - - - - - - - - - - - - - - -- -- 20 - - - . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ 20. - - - , in accordance with the applicable provisions of law. * tive Chief Executive Officer means or includes the chief executive officer of a county elected on a county- basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or t e supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) � S. (CKY local laws concerning ChO tet° re=radon proposed by petition.) ledy certify that the local law anrae red h`�ieto, designated as local law No . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of 2V- - - - - - City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provision of (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a Majority of the electors of such city voting thereon at the (special)(general) election held on _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ 20 _ _ _ _ became operative , 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No . . . . . . . . . . . . . . _. . . . . .. _ . . . . . . . . . . . _ _ of 20_ _ . __ _ of the County of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ State of New York, having been submitted to the electors at the General Election of November __ _ __ _ _ _ __ _ _ _ _ __ _ _ _ __ _ 20. -. . , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Pule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed , please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph- - - - - 1 - - -- - , above. TEE — ANN HUNTER /� y Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body ( - Date : (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or ether authorized attorney of locality.) ;TATE OF NEW YORK .OUNTY OF [, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings nave been had or taken for the enactment of the local lawQ annexed hereto . Signature ATTORNEY FOR THE TOWN Title ..., rnl L~r of TTHACA Town Y*Xg'e Date : Qi u '7 (3) 12 / 29 / 06 Town Board Mtg . ATTACHMENT # 3 NEW YORK STATE DEPARTMENT OF STATE dL lwl Law Film g 41 STATE STREET, ALEA_a`sY', NY 12231 (Use this forma to role a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new _•natter. 3` - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � � ITH off - - - - - - - - - - - - - - - - - - - - - - e Local Law No. - 17 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the year 20- 06 A local law _ _ AMENDING. . . . . . . . . . . . . . . . . . . . . .HTE 153 OF THE TOWN OF ITHACA CODE- TITLED _ - (1west Tide) - - . . . . . . . . . - - - - " FEES ! ! ,_ REGARDING FEES FOR CERTIFICATES OF _ OCCUPANCY * - - - -- - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - --- - - - - - - - - - - - - - - - - - - -- - - -- --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - -- - - - - - - - - -- - - -- - - -- - - - - - - - - - - - - - - -- -- - - -- - - - - - Be it enacted by the . . . .TOWN-_ BOARD _ __ _ _ - _ :- of the - - - - - - - --- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - (Name of Legislafive Body) G" of - - - - - - - - . . . . . . . .. . . . .. .I HA - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - as follows : Town - - - - -- - - - - - - - - - - - - - - - - - - - - - e (If additional space is needed , attach pages the same size as this sheet, and number each.) Dos-239gtev. 11/99) �1) TOWN OF ITHACA . LOCAL LAW NO. 17 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 153 OF THE TOWN OF ITHACA CODE, TITLED "FEES ," REGARDING FEES FOR CERTIFICATES OF OCCUPANCY Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 153 (Fees) , Section 153 -7 .A of the Town of Ithaca Code, entitled "Certificates of occupancy," is amended by deleting the reference to " § 125 -6B (9)" and adding " § 125 -7B(9)" in its place, so that this subparagraph reads as follows : "A. The fee for the issuance of a temporary certificate of occupancy related to a building permit shall be the greater of $25 or 50% of the building permit fee, unless reduced or waived pursuant to § 125 -7B(9) of the Code of the Town of Ithaca. " Section 2 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3 . This local law shall take effect immediately upon filing with the New York Secretary of State . December 6, 2006 ri T i I, � J_ I—)_ lr> >_ _ .. _ � �_ � J �__ i�!fh. ii.i�.�ii'%.�fl �(� __� � I1�5 :1 •. pJ`�� j -.>=i L4J V���'� I'9��;Ii1 J (�H L.9-!cis �I!�:.:E1i� Il w� .% �(�lil li:!' t, t yr ( - i11U��r�` c � > 1� dtiLi', nt� +J hddoeK`3 � :i� tilsl� _�7fy�, M he y certifl-y that the load law annexed hereto, cFsignate d as locA lain ido• - - - - - - - - - - - - 17- - - - o� �tJ- 06 of the Cou?tt Cet,t /uovi�N Tillage o� - - - Ithaca- - - - - - - - - - - - . . . . . . . . - DTs fb= ? l- � � l Town Boar _ _ o�� Dec - - 2J- �� , in accordance with the applicable provision a . . . . . . . .. . .. . . . . . . . . . . . .. . . . . . . . . . . - - - - - . . . .. . 20 - (Name of Legislative Body) _ l�i�/. Z. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive 0frcery.) [ hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ of 20- -- - - - Athe (County)(City)(Town)(Vllage) of -- -- - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - -- -- - - --- - - - - -- - - - - -- - - - - - - - - - was duly passed by the ._ _ _ _ _ _ __ _ ___ _ _ _ . . . . . . . . . . . . . .. . . on - _ _ _ _ __ _ - _ _ __ - - - - 20 _ _ _ , and was (approved)(not approved)(repassed after Name of Legislative Body) lisapproval) by the -- - --- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and was deemed duly adopted on - - - - - - - - - - - - - - - - - - 20- - - - , (Elective Chief Execrative Officer*) n accordance with the applicable provisions of law. (F' adoption by referendum.) h ertify that the local law annexed ,hereto, designated as local law Ado. . . . . ... . .. .. _ . . . . .. .. . .. . . . _ __ _ . . . . of 20- - -- - - if t unty)(City)(Town)(Village) of . . .. _ . . . . . .. . . . . . _ _ _ _ __ . . . . . . _ _ _ _ _ _ . . . .. . . . . ... . . . . . _ . . . . ... . . . . _ was duly passed by the - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - on - - - --- - - - - - - - - - - - - 20- - - - , and was (approved)(not approved)(repassed after lam gislative Body) .isapproval) by the - - - - - - - - - - - - - - -- - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - -- on- - -- - - - -- - - - - - - - - - - 20. . . - . Such local law was submitted (Elective Chief Executive Officer*) the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of ie qualified electors voting thereon at the (general)(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ ___ __ _ _ _ 20L _ __ , in ccordance with the applicable provisions of law. . (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) hereby certify that the local law annexed hereto, designated as local law No. _ _ ___ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ of 20. . . . . . f the (County)(City)(Town)(Village) of - - - - - - - - - - -- - - -- -- - - - - - - - -- - - - - - - - - - - - - - - -- -- - - - - -- - -- - - - - - - - - - - - was duly passed by the - - - - - - - - - - - - - - - - - -- - - -- - -- - - - - - - - - - - - - - - - - - - - - - on _ _ _ _ __ _ _ _ _ __ _ _ _ __ _ 20_ __ _ , and was (approved)(not approved)(repassed after lame of Legislative Body) isapproval) by the - - -- - - - - - - - - - - - - - - - - - -- --- - -- - - - - - --- - - - - - - - - - - - - - on -- - - - - - - - - - - -- -- - - 20 - - _ . Such local law was subject to (Elective Chief Executive Officer*) ermissive referendum and no valid petition requesting such referendum was filed as of _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ 20. - - - , in ccordance with the applicable provisions of law. El Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wi is or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the ervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) 5. (City local Ravi concerning Charter irevislon proposed by petition.) i f y certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ . . . . . . _ _ _ _ _ _ _ _ _ _ _ of 2u-- - - - - of City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - raving been submitted to referendum pursuant to the provisions of sec (36)(37) of the municipal Home Rule Law, and having received the affirmative vote of a majority of the qua. _ _ aed electors of such city voting thereon at the (special)(general) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ 20 _ _ _ _ , became operative . 6. (County local law concerning adoption of Charter.) [ hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ of 20_ _ _ : _ _ Df the County of - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- State of New York, having been submitted to the electors it the General Election of November _ _ _ _ _ _ _ __ __ _ _ _ __ _ _ _ _ _ _ 20. .. . , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative . [f any other authorized form of final adoption has been followed , please provide an appropriate certification,) further certify that I have compared the preceding local law with the original on file in this office and that the same s a correct transcript t erefrom and of the whole of such original local law, and was finally adopted in the manner in- licated in paragraph- - - - - - - - - - - above. TEE — ANN HUNTER Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body (• Date : 1 / 3 / 2007 Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or ither authorized attorney of locality.) TATE OF 'MffK I NS OUNTY OF , the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings ave been had. or taken for the enactment of the local law annexed hereto . 0'. Signature ATTORNEY FOR THE TOWN Title of TTHAC' A Town Date : (3) 12 / 29 / 06 Town Board Mtg . ATTACHMENT # 4 6� � �pb� � �� F�Ew Yoa STATE DEPARTMENT of STATE 41 SLAT' STREET, AL RAINY, NY 12231 (Ilse this form to fle a local law with the Secretary of State.) Text of law should be given as amended . Do not include flatter being eliminated and do not use italics or underlining to indicate new flatter. GRY ITHACA of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - Town Local Law No. - - 18- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the year 2006- - Alocal flaw - -ANENELIV.0 - .CHAPT'ER- - g- - OF_ _ THE _ TOWN _ OF _ _ITHACA CODEITITLED ljn rt Title) " APPEARANCE TICKETS ' ' , DESIGNATING CODE ENFORCEMENT OFFICERS - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -- - - - - - - - - TO ENFORCE CODES RELATING TO BUILDING-S ZONING _PLANNING, - - - - - . . . . . . . . . . . . .. .. . . . . . . . . . - - - - - - - - - - -- -- -- - - -' - - - - - - - - - - - - - - � ENVIRONMENTAL CONTROL , AND FIRE PREVENTION AND SAFETY . - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - -- - - - - - - - - - - - - - - - - -- - - - - - - -- -- - - - -- - - - - - - - -- - - - - - - - - - - - - - - ---- - - -- - - -- - - - - - Be It enacted by the . . ..TOWN BOARD _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ of the - - - - - - - - - --- - - -- -- - - - - - - --- - - - - - - -- - - - - - -- - - - --- (Name o(Legialative Body) l"'VUI y . � of - - - - - - -- . . . ITHACA - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - as follows : Town VWtrger (If additional space is needed , attach pages the same size as this sheet, and number each.) DOS-?39�Rev. 11/99) /1 ` TOWN OF ITHACA LOCAL LAW NO . 18 OF THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 9 OF THE TOWN OF ITHACA CODE, TITLED "APPEARANCE TICKETS," DESIGNATING CODE ENFORCEMENT OFFICERS TO ENFORCE CODES RELATING TO BUILDINGS, ZONING, PLANNING , ENVIRONMENTAL CONTROL, AND FIRE PREVENTION AND SAFETY Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 9 (Appearance Tickets), . Section 9-2 . 13 of the Town of Ithaca Code, entitled "Authorization to serve appearance tickets," is amended by deleting the words "Building Inspector; Zoning Officer" under the heading "Title" and inserting in their place the words "Code Enforcement Officer," so that the first entry under the headings "Title" and "Area of Enforcement" reads as follows : "Title Area of Enforcement Code Enforcement Officer Codes relating to buildings, zoning, planning, environmental control, fire prevention and safety" Section 2 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3 . This local law shall take effect immediately upon filing with the New York Secretary of State . December 6, 2006 (Complete the certirecation In the paragraph that applies to the Mina of this local law acid strike out that vahkh is not applicable.) I . I adoption by local legislative body only,' I hereby certify that the local law annexed hereto designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ 18_ of 20- 06 Ithaca - - - - - - - - - - - - - - - of the (County)(City)(Town)(Village) ) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the . . .. Town _ _Boar. . . . . _ _ . . . . . . . . . . . . _ _ _ __ _ on Dec . _ 29 _ _ 20 06 in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ of 20- -- -- - of the (County)(City)(Town)(Village) of - - -- - - - - - - - - - - - - - - _ _ _ _ - - - - - - - - _ . . . . .. . . ... . . . . . . . . . . . _ .. . _ _ _ . . . . . was duly passed by the .. . . .. . .. . . . .. . . . . ._ _ _ _ _ _ _ _ . . . . . . .. . . . . _ _ .. .. . . . on - - - - - _ . . . . . . _ . . . . . 20 - - - , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - - - -: -- - --= - - - - - - -- - - = - - - - -- - - - - - - -- - -- - - - - - - - - - - - and was deemed duly adopted on - - - - - - - - - - - - - - - - - - 20- - - - , (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. 1 adoption by referendum .) I 1 certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ ____ _ _ _ _ _ of 20. . . . . o unty)(City)(Town)(Village) of - - -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- - - -- --- - - - - -- - - - - - - - - - - - - -- - - - was duly passed by the _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . . . . . . . . _ . . . .. . . on _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20- - - - , and was (approved)(not approved)(repassed after (Nan. egislative Body) disapproval) by the - - - - - - - - - - -- - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - -- on-- - - - - - -- - - - - - -- - -- 20. - - - . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24 - - - , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum .) I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- -__ _ _ of the (County)(City)(Town)(Village) of - - - - - - -- - _ - -- - -- -- - - -- - - - - -- - - - _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - -- - - - - - - - - was duly passed by the -- - - - - - - - - - -- - - - - - - - - - - -- - -- - - - - - - - - - - - -- - - - - - - - -- - on - - - - - - - - - -- - - -- - - 20_ __ _ , and was (approved)(not approved)(repassed after (Nance of Legislative Body) disapproval) by the - - - - - - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - -- - - - -- - - - - 20 - - - . Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20. __ _ , in accordance with the applicable provisions of law. 4* E Chief Executive Officer means or includes the chief executive officer of a county elected on a county- w asis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or w 4* E pervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances . (2) . � - I � i '�;•' 111 ';` `� ii r .i fia'- i5„F•,?� � 1 �• ,11 9 �i :r':_ dt-r ,i�Lat o;Ue. 1 >''_' A A _s=1.i '.1"s_ �� "� ,r� _.ICt: �' _ - Lt9 _,3 @tt�� Y94 - - - - - - - - - - - - - - - - - - - - - h91 `aa ?i�"e_'d_d� �4;•E:�''1 j � v on� 8 �tfn 2,� a � '-.� aa �.)ti._hwc_2,, p.�"j i.^d _ t.3" �% ."'J•?`�h ' C!'-°a y �— Sect /36a �7qq Oft e 1'lll waav? c h J ^� '9`st I? a � � "' � _ ' , l D l _ �•__ - r$�r Plld 1 , I-t7ia'��'' n,'Cei d� h"e `5117 r qua9 d elec&ORIS 01 SLt:Iu_ ci y Itoii_�g � l 'L13fii V. tla� (sf�et ial)�gen _al) �1 %14314 I� # Oi. - - - - - - - - °- - - - - -20 . . - - beCa nal e, opwiative . 6. (County ROM law concerning adoption or charter.) 1 hereby certify that the local law annexed hereto, designated as local lave No. _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ __ _ _ __ _ _ _ of 20. . . . . . of the County of _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ __ .State of New York, having been submitted to the electors at the General Election of November _ _ _ __ _ _ ___ _ _ _ _ __ _ _ _ _ _ _ 20. .. . , pursuant to subdivisions 5 and 7 of. section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative, if any other authorized form of flnal adoption has been followed , please provide an appropriate certification.) further certify that I have compared the preceding local law with the original on file in this office and that the same s a correct transcript thlI refrom and of the whole of such original local law, and was finally adopted in the manner in- licated in paragraph- - - - - - - - - - - - - above. TEE —ANN HUNTER 1 LEA _ Clerk of the County legislative body, City, Town or Village Clerk . or officer designated by local legislative body Date : 1 / 3 / 2007 Certification to be executed by County attorney, Corporation Counsel, Town Attorney, Village Attorney or then authorized attorney of locality,) raT>Jofri M KINS OUNTY OF . the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings ave been had. or taken for the enactment of the local law annexed hereto . Signature ATTORNEY FOR THE TOWN Title QtY4 of ITHACA Town Date : 01 U 3 C 7 (3) 12 / 29 / 06 Town Board Meeting ATTACHMENT # 5 Agenda # -12 TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2007 A LOCAL LAW AMENDING CHAPTER 270, TITLED "ZONING," OF THE TOWN OF ITHACA CODE REGARDING HOME OCCUPATIONS Be it enacted by the Town Board of the Town of Ithaca as follows : Section 1 . Chapter 270 (Zoning) , Article III (Terminology) of the Town of Ithaca Code, Section 270-5 , titled "Definitions," is amended by deleting the definition of HOME OCCUPATION and replacing it with the following : "HOME OCCUPATION — A. A business conducted within a dwelling, or a building accessory thereto , by a resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes, and which is the type of business that is customarily conducted within a dwelling or building accessory thereto . B . Home occupations typically include, but are not limited to , architects, attorneys, career consultants, carpenters, caterers, computer programmers, dentists, doctors, dressmakers, editors, electricians, engineers, financial consultants, hairdressers, insurance brokers, plumbers, realtors, teachers, translators and writers . " Section 2 . Chapter 270 (Zoning), Article XXVI of the Town of Ithaca Code, titled "Special Regulations," is amended by adding Section 270-219 . 2 as follows : 1 270-219.2 Limitations on home occupations. Home occupations shall meet all of the following requirements : A. An area of no more than 25 % of the floor space of the dwelling (whether the home occupation is conducted in the dwelling or in an accessory building) or 500 square feet (whichever is less) shall be used for the home occupation. B . No more than four persons (full- or part-time) , including the household resident, shall be involved in on-site business operations . C . The owner and chief operating officer of the business must be a full-time resident of the property on which the business is conducted . D . No goods shall be offered for sale on the premises excepting those created, assembled, or reconditioned completely on the property. December 21 , 2006 1 E. There shall be no exterior display or sign except as permitted by this chapter or Chapter 221 , Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment (including commercial vehicles) , or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood. F. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance shall be produced beyond the boundary line of the property occupied by the business. G. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use shall be met off the street and in accordance with any other regulation of this chapter. H. The business or use shall not be detrimental to the residential character of the lot on which the business is located nor of the surrounding neighborhood . I. The lot on which the business is operated shall be large enough to allow such business to be conducted with minimal impact on the neighbors . J . All business activities that are conducted within the bounds of the lot on which the business is located must be conducted wholly within the dwelling or accessory building. " Section 3 . Chapter 270 (Zoning) , Article V (Conservation Zones) of the Town of Ithaca Code, Section 270- 14, titled "Permitted accessory buildings or uses, " is amended by deleting subparagraph B and replacing it with a new subparagraph B reading as follows : "B . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 4. Chapter 270 (Zoning) , Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-29 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph I to the end of this section reading as follows : "I. Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 5. Chapter 270 (Zoning), Article VI (Agricultural Zones) of the Town of Ithaca Code, Section 270-30, titled "Accessory buildings and uses authorized by special approval only," is amended by deleting the text of subparagraph C , which reads "C . Home occupation, other than farming or a farm related enterprise for which no special approval shall be required. " December 21 , 2006 2 Section 6. Chapter 270 (Zoning), Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-43 , titled "Permitted accessory structures and uses," is amended by adding a new subparagraph H to the end of this section reading as follows : "H . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 7. Chapter 270 (Zoning) , Article VII (Lakefront Residential Zones) of the Town of Ithaca Code, Section 270-44, titled "Accessory buildings and uses authorized by special approval only," is amended by deleting the text of subparagraph B , which reads ` B . Home occupation. ", and renumbering subparagraph C as subparagraph B . Section 8. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270- 56 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 9. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the Town of Ithaca Code, Section 270- 57 , titled "Accessory buildings and uses authorized by special approval only," is amended by deleting the text of subparagraph C, which reads "C . Home occupation. " Section 10. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-68 , titled "Permitted accessory buildings and uses, " is amended by adding a new subparagraph H to the end of this section reading as follows : "H . Home occupations, subject to the limitations on home occupations set forth in § 270-219 .2 ." Section 11 . Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the Town of Ithaca Code, Section 270-69, titled "Accessory buildings and uses authorized by special approval only," is amended by ( 1 ) deleting the text of subparagraph B , which reads ` B . Home occupation. ", (2) renumbering subparagraph C as subparagraph B , and (3) renumbering subparagraph D as subparagraph C . Section 12. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-79, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph G to the end of this section reading as follows : "G. Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 13 . Chapter 270 (Zoning), Article X (High Density Residential Zones) of the Town of Ithaca Code, Section 270-80, titled "Accessory buildings and uses authorized by special December 21 , 2006 3 approval only," is amended by deleting the text of subparagraph B , which reads `B . Home occupation. " f Section 14. Chapter 270 (Zoning) , Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-91 , titled "Permitted accessory uses," is amended by adding a new subparagraph H to the end of this section reading as follows : "H . Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 15. Chapter 270 (Zoning), Article XI (Mobile Home Park Zones) of the Town of Ithaca Code, Section 270-92 , titled "Accessory buildings and uses authorized by special approval only," is deleted in its entirety. Section 16. Chapter 270 (Zoning), Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 101 , titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph H to the end of this section reading as follows : "H. Home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 17. Chapter 270 (Zoning) , Article XII (Multiple Residence Zones) of the Town of Ithaca Code, Section 270- 103 , titled "Accessory buildings and uses authorized by special approval only," is deleted in its entirety. Section 18. Chapter 270 (Zoning), Article XIII (Commercial Zones Generally) of the Town of Ithaca Code, Section 270- 114, titled "Permitted accessory uses," is amended by adding a new subparagraph F to the end of this section reading as follows : "F . Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219 .2 . " Section 19. Chapter 270 (Zoning) , Article XIX (Light Industrial Zones) of the Town of Ithaca Code, Section 270- 146, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J . Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " Section 20. Chapter 270 (Zoning), Article XX (Industrial Zones) of the Town of Ithaca Code, Section 270- 160, titled "Permitted accessory buildings and uses," is amended by adding a new subparagraph J to the end of this section reading as follows : "J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219 . 2 . " December 21 , 2006 4 Section 21 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such t declaration of invalidity. Section 22 . This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. December 21 , 2006 5 12 / 29 / 2006 Town Board Meeting ATTACHM J Yfj,, Ud 0 13 0 El 11 El Town Assigned Project ID Number Town of Ithaca Environmental Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1 . Applicant/Sponsor 2 . Project Name Acceptance of Proposed Park Land in Conjunction with Town of Ithaca Town Board Westview 32-Lot Subdivision, Schickel Road 3 . Precise location (street address, road intersections, prominent landmarks, etc. or provide map :) 1 . 5 +/- acre park parcel for park and recreation purposes, located between Lots 12 and 13 in the Westview Subdivision off of Schickel Road (see attached Location Map) . Tax Parcel Numbers: Part of Tax Parcel No . 36-2-3 .2 4. Is proposed action : NEW? X EXPANSION? MODIFICATION/ALTERATION ? 5. Describe project briefly: (Include project purpose, present land use, current and future construction plans, and other relevant items) : Acceptance by the Town Board of a 1 . 5 +/- acre park parcel for park and recreation purposes, located between Lots 12 and 13 in the Westview Subdivision off of Schickel Road, labeled "proposed parcel to be dedicated as Town Park," as shown on the survey map entitled "Final Subdivision Map, Westview Subdivision," dated 22 June 2004, revised 11 / 15/04, prepared by Lee Dresser, L. S . , T. G . Miller P .0 (Attach separate sheet(s) if necessary to adequately describe the proposed project .) rAmount of land affected : 5 yrs) 1 . 5 +/- Acres (6-10yrs) 1 .5 +/- (>10 yrs) 1 . 5 +/- Acres nd zoned presently? Low Density Residential posed action comply with existing zoning or other existing land use restrictions ? Yes X NO If no, describe conflict briefly: 9. Will proposed action lead to a request for new : Public Road ? YES NO X Public Water? YES NO X Public Sewer? YES NO X 10. What is the present land use in the vicinity of the proposed project? Residential X Commercial Industrial Agriculture Park/Forest/Open Space X Other Please Describe , 11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental agency (Federal, State, Local?) YES NO X If yes, list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES X NO If yes, list agency name and permit/approval. Also, state whether it will require modification. Subdivision approval from Town of Ithaca Planning Board. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name (Print or Type) : Catherine Valentino, Supervisor, Town of Ithaca Signature and Date: g l.i►�-+ta.'i-wax, !/ r1gendf # 4 ART II - ENVIRONMENTAL ASSESSMENT (To be completed b the Town ; Use attachments as necessary) Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617. 12 or Town Environmental Local w? YES NO X If yes, coordinate the review process and use the full EAF. B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6 YES NO X If no, a negative declaration may be superseded by another involved agency, if any. C. Could proposed action result in any adverse effects associated with the following : ( Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production and disposal, potential for erosion, drainage or flooding problems? Explain briefly: See attached. C2 . Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources? Community or Neighborhood character? Explain briefly: See attached . C3 . Vegetation or fauna, fish, shellfish, or wildlife species, significant habitats, unique natural area, wetlands, or threatened or endangered species ? Explain briefly: See attached. C4. The Town ' s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: See attached . C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None anticipated . C6. Long term, short term, cumulative, or other effects not identified in C1 -05 ? Explain briefly. None anticipated . C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly: None anticipated . D. Is there, or is there likely to be controversy related to potential adverse environmental impacts? YES NO X If yes, explain briefly: See Attached. E. Comments of staff X,_, CB., other attached. (Check as applicable.) PART III - DETERMINATION OF SIGNIFICANCE ( To be completed by the Town of Ithaca) Instructions : For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant . Each effect should be assessed in connection with its (a) setting(i . e. urban or rural) ; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting material . Ensure that the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address . Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the full EAF and/or prepare a positive declaration. _X Check here if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on Attachments as necessary the reasons supporting this determination. Town of Ithaca Town Board Name of Lead Agency P parer' s Signature(If different from Responsible Officer) lCatherine Valentino Supervisor me & title of Responsible Officer In Lead Agency Signature of Contributing Preparer � i.2/L,c.V._ V^-U- DATE: ignature of Responsible Officer in Lead Agency RT Il - Environmental Assessment — Acceptance of Park Land Westview Subdivision Schickel Road. Action is Unlisted Action will not receive coordinated review C . Could action result in any adverse effects on, to or arising from the following: C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic affic patterns, solid waste production or disposal , potential for erosion, drainage or flooding problems? No significant adverse effects are anticipated relating to air quality, water quality or quantity, noise levels, traffic, solid waste, or potential for erosion or flooding as a result of the proposed action. The proposed action is the acceptance by the Town Board of a 1 . 5 +/- acre park parcel for park and recreation purposes, located between Lots 12 and 13 in the Westview Subdivision off of Schickel Road . This parcel is the park and recreation set-aside that was approved by the Town of Ithaca Planning Board in conjunction with the Westview Subdivision, and is intended to be consolidated with the existing, adjacent, undeveloped town park, currently known as Compton Park, thus increasing the total parkland in the area to about 3 acres . The parcel is undeveloped, gently sloping, and consists of a mixture of relatively new growth deciduous and evergreen trees, overgrown shrubs, and field grasses . Soils are moderately drained in this area. Access to the park would be through the new Westview Subdivision road to be known as Larisa Lane, since the ginal Compton Park has limited access to Compton Road via an easement (not direct frontage) . The configured 3 +/- acre park will provide opportunities for the Town to develop a modest neighborhood park for a residents, possibly including a children ' s play structure, picnic areas, paths and perhaps an open play area. odest development as a neighborhood park would not generate significant traffic from residents outside of the ighborhood, and sidewalks in the Westview Subdivision will allow residents to access the park without driving to it Modest drainage improvements will be able to accommodate the small-scale amenites as the park develops . Much of the park is anticipated to remain as open space. C2 . Aesthetic, agricultural , archeological, historic, or other natural or cultural resources, or community or neighborhood character? None anticipated. No aesthetic, archeological, or other significant historic resources are known to exist on the site, or are expected to otherwise be affected by the proposed action. The acceptance of the park parcel by the Town of Ithaca will help to provide the neighborhood with modest park and open space amenities. C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? None anticipated. No significant vegetation or wildlife habitats are known to exist on this site. C4. A community's existing plans or goals as officiallyadopted, or a change in use or intensity of use of land or other natural resources? l eigne anticipated. The proposed acquisition is consistent with the designation of this area in the Town of Ithaca m rehensive Plan (September 1993 ) as "Rural Residential". Surrounding land use includes low density idential development and undeveloped open space. The acquisition is also consistent with the goals stated in the wn of Ithaca Park Recreation and Open Space Plan (December 1997) relating to the provision of small-scale hborhood parks to serve the recreational and open space needs of residents in the area of the park. aff Recommendation Determination of Significance sed on review of the materials submitted for the proposed action, the proposed scale of it, and the information ve, a negative determination of environmental significance is recommended for the action as proposed. Lead Agency: Town of Ithaca Town Board Reviewer: Jonathan Kanter, Director of Planning Review Date: December 21 , 2006 LOCATION MAP Westview 3.1-Lot Subdivison Prelminary Subdivision Tax Parcel No . 36 =2 -3 . 2 r � t Proposed X Lot SubAdlion pa Park Pqm a .amp ' ' f Mff6V1 Park . u � i i • . t � .0 is �+ i Ir C 90 r ® Town park: ® Buildings Tex parcels 500 0 500 Feet 12 / 29 / 2006 Town Board Meeting ATTACHMENT # 7 D . • • • - ie Stru4=turca • . • - . - • 71 Fiscal Planning and Capital Projects 3 Board Members all others staff support Public Works 3 Board Members all others staff support Personnel 3 Board Members all others staff support Emplloyee Re ations � i i Safety � staff from facilities I staff from facilities l HMomphensive Plan Review 3 Board Members all others staff support Ag Land Preservation Same 3 Board members as CPR all others staff support Recreation 8� Human Services - 3 Board members all others support to committee Records Management Advisory '.Board Advisory Board est by Local Law Town 1119B1oaI rd Members and staff • • • • • • - cl C:Orcl cas> • - • ri4cu Itu rc=. _ • - • - Town : • . • Town i • . • Committees Committees Citizen Committees= Advisory Board Staff Town Board can refer an item to any committee for more information . Committee structure 12-06-draft 2 Prepared by Cathy V 12/29/2006 I li 12 / 29 / 2006 Town Board Meeting ATTACHMENT # 8 Agenda Item No. 19 Memorandum To : Town of Ithaca, Town Board Fr : Guy K. Krogh, Esq. Re: Conifer PILOT Agreement Summary Per request, please let this Memorandum summarize some of the key features of the Payment in Lieu of Taxes (" PILOT" ) Agreement proposed for the Conifer Senior Living project in the Town of Ithaca . Basically, a PILOT is a statutorily authorized tax abatement program that encourages the construction, operation, and maintenance of certain projects that are deemed desirable within a community . Thus, PILOTs are commonly used for Empire Zone projects, housing projects, and for infrastructure improvements by certain Public Authorities, such as sewer, water, bridge, and tunnel authorities . In this instance, the Town of Ithaca has long recognized the need for lower income housing, and this PILOT is designed to encourage the addition of at least 36 to 72 rent subsidized units in the Town of Ithaca . The " subsidy" is not like a Section 8 governmental payment, but occurs though a PILOT. Specifically, the tax savings allow the developer or owner to be able to lease properties below the market rate as certain carrying expenses, here taxes, are removed from the list of carrying costs for such developer or owner . This particular PILOT (the " Conifer PILOT" ) has certain key features, which I summarize for you below: 1 . Conifer, and its subsequent owner-manager-operators (for ease of reading, all together herein " Conifer" ) have made strict representations that they will. at all times be and remain eligible for the Conifer PILOT. If they lose eligibility, then they lose PILOT benefits, and must repay all prior tax abatements to which they were not entitled . 2. The PILOT will run for an initial term of 15 years, but may be extended by mutual agreement. 3 . The PILOT provides Conifer with a tax abatement amount equal to 10 % of net rental revenues (pursuant to a formula) . No taxes due for any sewer, water, lighting, and fire protection district charges, whether assessed on a benefit or ad valorem basis, and any solid waste charges assessed by the County or other taxing unit, are subject to abatement under the PILOT. It is worth noting that as to housing, PILOT formulas vary widely . In industrial development situations, the design of a PILOT is to have the amount of tax abatement diminish as the developer' s profits rise . However, in housing, you should design the PILOT to encourage maximum occupancy for those who have a need for reduced cost housing. Therefore, housing formulas actually allow full PILOT abatements when the owner makes the most money - when the housing facility is fully rented . Agenda Item No. 19 4 . If the PILOT abatement does not completely eliminate tax payments, then tax payments are due and are shared by the various tax authorities on a pro rata basis; but in no event is the PILOT amount ever allowed to be in excess of the tax amounts due . Further, all taxes are due annually in January . Thus, Conifer does not have the traditional fall school tax bill due . 5 . Rents are based upon a set formula, and at least 36 units must be rent reduced pursuant to this formula . The formula, in true low income cases, can reduce market rental rates by up to 80 % . A low income tenant is a tenant whose income is not more than 60 % of the median family income in Tompkins County at the time of rental, and the rent formula provides a sliding scale for rental rates depending upon income . Even maximum rental rates are regulated, for example, by the IRS and the New York State Division of Housing and Community Renewal . 6 . Conifer must annually certify to the Town that its rental policies, rates, and leases are in compliance with the PILOT, and the Town has the right to audit the books and records of Conifer in connection therewith. Errors, inconsistencies, and misleading or fraudulent statements carry varying degrees of punishment, including the repayment of improperly abated taxes . 7. There are provisions ensuring compliance with the Town' s requirements and local laws, as well as conditions regarding the upkeep and maintenance of the property, including trash and debris removal . There are also requirements to provide reasonable facilities for recreation and leisure, requirements to provide public transportation to downtown Ithaca, and requirements to meet regularly with tenant associations to ensure that the needs and concerns of tenants are addressed . 8 . The Town is indemnified for any liability for violations or improper tax abatements, and the Town has full powers to utilize courts and administrative agency proceedings to compel compliance with the PILOT . 9 . Finally, the Town is protected by a battery of " boilerplate" clauses, including Patriot Act and OFAC compliance, and a full bodied environmental protection and indemnity clause . If you desire any additional or further analysis of this PILOT, please do not hesitate to contact me . Agenda Item No. 19 AGREEMENT THIS AGREEMENT is made and entered into this day of , 2006 , by and between the TOWN OF ITHACA, a municipal entity under the laws of the State of New York with offices at 215 N . Tioga Street, Ithaca, NY 14850 , (hereinafter called the "Town") , and CONIFER VILLAGE ITHACA HOUSING DEVELOPMENT FUND CORP., a corporation formed pursuant to Article XI of the Private Housing Finance Law and Section 402 of the Not-for- profit Corporation Law, having its principal office at c/o Better Housing Development Corporation, South Hill Office Complex , 950 Danby Road, Ithaca, NY 14850, (hereinafter called the " Company" and sometimes referred to as the "Owner" which term includes the Company and any other person or entity now or hereafter owning a legal or beneficial interest in the Project, as defined below) . RECITALS 1 . The Company is in the process of acquiring the title to approximately 8 . 896 acres of vacant land to be developed and known as Conifer Village at Ithaca (the "Project') located on Conifer Drive in the Town and more particularly described in Exhibit A attached hereto and made a part hereof. 2 . The Company has requested that upon its acquisition and development of the Project that the Town, pursuant to Section 577 of the Private Housing Finance Law, grant an exemption from real property taxation for the Project, such exemption to be conditional upon the Company making certain payments in lieu of real estate taxes, and the Town is willing to enter into such an arrangement upon the representations , terms, and agreements set forth herein. AGREEMENT In consideration of the foregoing recitals and the mutual promises and covenants hereinafter set forth the parties agree as follows : 1 . REPRESENTATION AS TO QUALIFICATION. The Company represents, warrants and agrees as follows : ( 1 ) The Company is a housing development fund company formed and maintained pursuant to the provisions of Article XI of the New York State Private Housing Finance Law and Section 402 of the Not-for-profit Corporation Law of the State of New York. The Company is and has been duly and lawfully registered and formed under the laws of the State of New York, and at all times while this Agreement is in force and effect, the Company will be and remain a corporation in good standing. Further, Company shall not, at any time while this Agreement if in force and effect, cease to be a registered not-for-profit corporation, divest or sell all or substantially all of its assets, nor permit or allow any change of control without the expressed written permission of the Town. As used in this paragraph, "change in control" means (i) the transfer, sale or other divestiture of more than 30% of the voting rights in the Company, or (ii) the admission of additional members who, acting in concert, could Agenda Item No. 19 control 30% or more of the voting rights in the Company. (ii) The sole member and owner of the Company is Better Housing Development Corporation, 950 Danby Road, Suite 102 , Ithaca, NY 14850 . (iii) The Project is and will be owned, constructed, operated, maintained, and leased in a manner that fully qualifies the Project for real property tax exemption pursuant to Section 577 of the Private Housing Finance Law . (iv) The Company will operate and maintain the Project in accordance with all applicable . provisions of the Private Housing Finance Law and any rules and regulations of any governing agency or person, including the Commissioner of Housing and Community Renewal of the State of New York, applicable to redevelopment, renovation, rehabilitation, operation, maintenance, leasing, or other aspects of the Project. Without limiting the foregoing, the Company agrees to operate the Project solely as a housing project for persons of low income as the same is defined and regulated in accordance with applicable provisions of the Private Housing Finance Law of the State of New York, the terms of the Internal Revenue Code Section 42 Low Income Tax Credit Program applicable to the Project and as administered by the United States Internal Revenue Service and/or the New York State Division of Housing and Community Renewal, and the terms of this Agreement, whichever provides the most number of units at the lowest rentals . 2 . CONTINUATION OF TAX EXEMPTION . Based upon the representations of the Company and conditional upon the Company performing all of it obligations hereunder and the Project conforming to the requirements for low income housing as required by this Agreement, the Town agrees. to provide a tax exemption, exempting the Project from general ad valorem real property taxes (but not from special assessments for water, sewer, fire protection, lighting, sidewalk, solid waste or other assessments (whether on an . ad valorem or benefit basis) relating to the provision of services on a district basis or benefit basis) . Said exemption shall be in accordance with and only to the extent permitted by the provisions of the Private Housing Finance Law and shall be subject to all the terms of this Agreement. 3 . TERM OF EXEMPTION . The exemption shall be deemed effective upon receipt by the Company of a permanent certificate of occupancy for 72 apartment units comprising the Project, and shall continue for fifteen years thereafter, unless sooner terminated under the provisions of this Agreement. This Agreement may be extended for an additional twenty-five years based upon the mutual agreement of the parties as long as the Company agrees to maintain the low-income use restrictions required herein. 4 . PAYMENT IN LIEU OF TAXES . The Company agrees to pay to the Town in each and every year for so long as the Project is exempt from the payment of real 'estate taxes as set forth herein, an amount which shall represent 10% of the net rents (as hereinafter defined) less the amount of local and municipal taxes assessed and levied by the Town of Ithaca, the County of Tompkins (hereinafter the "County") , and the Ithaca City School District (hereinafter the "School District") on i Agenda Item No. 19 such part of the assessed valuation of the real property described which is not exempt from taxation . pursuant to the provisions of Section 577 of the Private Housing Finance Law ; such sum shall be in lieu of all local and municipal taxes which may be levied by the said Town, County and School district with respect to all of the value of the property included in the Project. It is the intention of this paragraph that the total amount received by the said Town, County and School District in each year from taxes which maybe levied on the Project and the said sum paid in lieu of taxes shall be a sum which represents 10% of the net rents (defined below) which the Company is entitled to as rents and income from all the units in the project as hereinabove described . The term "net rents" means the maximum authorized rent received by the Company less the following utility costs based upon metered consumption : electric, gas, water and sewer. For example, assuming rents and expenses are as reflected below, the formula would work as follows : Apartments or Member Carrying Charges $ 249 , 500 . 00 Tenant Assistance Payments $ 1021841 .00 Total Rent Revenue $ 3529341 . 00 Apartment Vacancies $ 2 , 569 . 00 Total Vacancies $ 21569 . 00 Net Rental Revenue $ 3495772 . 00 Electricity $ 755761 . 00 Water $ 10,368 . 00 Gas $ 65029 . 00 Sewer $ 3 , 990 . 00 Total Utilities Expense $ 96 ,058 . 00 Net Rents $ 253 ,714 . 00 $ 253 ,714 . 00 times 10% equals $ 25 , 371 . 00 payment in lieu of taxes The foregoing payment is in addition to the payment in full of any sewer, water, lighting, and fire protection district charges, whether assessed on a benefit or ad valorum basis, and any solid waste charges assessed by the County or other taxing unit. The Company agrees to supply to the Town and the County no later than July 1 of each year copies of its statement of profit and loss or successor documents submitted to the New York State Division of Housing and Community Renewal (or any successor to either of such agency) for the Agenda Item No. 19 immediately preceding calendar year. There shall accompany said statement a certification signed by either a certified public accountant, if audited statements are prepared for the Company, and otherwise by an individual with . knowledge of the finances of the Company to the effect that said statement represents a true and accurate representation of the rental and other income and utility expenses for the period covered by such statement and that said statements were prepared in conformity with generally accepted accounting principles consistently applied. . There shall also accompany such statements an agreement signed by an authorized representative or officer on behalf of the Company to indemnify and hold the Town, County and School District harmless for any losses, misstatements as to revenues, and reduced taxes that may be collected by reason of the reliance of the Town and . the County upon the statement of profit and loss if it should turn out that said statement of profit and loss results in an . underpayment of the amounts due pursuant to. this agreement. The Town, the County or the School District may, at its own expense, cause an audit of the rental revenues and utility expenses that make up the formula for determining the payment due under this agreement to be made. If such audit discloses an understatement of net rents of more than I %, in addition to all other amounts that may be payable (including penalties on the underpayment of taxes) the cost of the audit together with interest thereon at the rate of 9% per annum shall be paid by the Company. The right to audit shall be available to each of said parties up to three years after the submission of the statement of income and loss . If the Company fails to submit a statement by July 1 of any year, payment in lieu of taxes for the ensuing year shall be based upon the amount of net rents most recently previously reported increased by 20% for each year since the last statement of income and expenses was supplied to the County and the Town. If a subsequent submission indicates that the net rents had increased by more than 20%, any deficiencies shall be due and payable, with interest and penalties as if they had been assessed and unpaid in the year in which they were originally due. Notwithstanding the foregoing, in no event shall the 10% of net rent payment for any year exceed the amount of real estate taxes that the Company would have been required to pay in such year in the absence of the real estate tax exemption granted by this Agreement, if the Project had been taxed in accordance with the tax. rates in effect for the jurisdiction in which it is located. 5 . CALCULATION AND TIME OF PAYMENT. On or about January 1 of each year, the Town shall issue a bill for the payment due hereunder, which payment shall be calculated using the net rent statement provided by the preceding July 1 by the Company, or if no such statement was so provided, by using the most recent statement provided by the Company increased by 20% per annum. The annual payment shall be due and payable at the same time and upon the same terms, conditions interest and penalties as are imposed upon all County and Town taxes payable in the month of January each year, beginning with January 1St of the year following the year in which a permanent certificate of occupancy is received for the Project; the obligation to make such payment shall be deemed to be a lien on the Project and its related real property, and the remedies available to the Town of Ithaca and the County for the collection of such payment, and the foreclosure of such lien, or other enforcement of said lien or obligation shall be governed by and be in the same manner as provided by the Real Property Tax Law, of the State of New York or any other applicable law governing the collection and payment of such taxes and the remedies granted to the Town and the County in the event of the non-payment or late payment of such taxes. The remedies provided by the Real Property Tax Law shall be in addition to any other remedy available to the Town (or other Agenda Item No. 19 taxing authority) at law or in equity, and including, but not limited to , rights to seek specific performance by the Company . or Owner. 6 , ALLOCATION OF PAYMENTS . Within 30 days of receipt of the annual payment from the Company, the Town shall allocate the payment to the County and School District in proportion to the amount of such real estate taxes as would have been paid to the School District in the preceding October and as would have been paid to the Town and County in the January of receipt of the annual payment, if there had been no tax abatement, and pay such amounts to the School District and the County. For example, if the School District taxes that were made exempt by this Agreement would have been $40,000 in October of a given year, and the County taxes made exempt by this Agreement would have been $ 20,000 in January of the following year, and the Town taxes made exempt by this Agreement would have been $ 10,000 in January of such year, and the payment in lieu of taxes due pursuant to this Agreement is $ 35 , 000, the Town will transmit $ 20, 000 to the School District and $ 10, 000 to the County and will retain the remaining $ 5 ,000 . 7 . EXEMPTION NOT APPLICABLE TO DISTRICT OR BENEFIT CHARGES . It is understood and agreed that nothing herein contained shall be deemed to exempt in any way the real property and Project herein described from the payment of any and all assessments for local improvements including, without limiting the generality of the foregoing, assessments for all improvements and improvement districts as provided for and defined in the Town Law (Article 12 , Article 12-A and Article 12-C or otherwise), from the payment of all taxes and assessments levied for any fire district or fire protection districts as provided for and defined in the Town Law (Article 11 or otherwise) and from the payment of any sewer rents and water rates as defined or provided for in Article 14-F of the General Municipal Law, Article 12-C of the Town Law, and Articles 12 and 12 -A of the Town Law (Section 198 , Subdivision 1 , paragraph (L) and Subdivision 3 , paragraph (D)) and from the payment of any benefit charges for local improvements such as sidewalks, roads, lighting or others , whether included in a district or otherwise, or for the payment of solid waste charges by the County assessed by units . 8 . USE OF PROJECT. In accordance with the application for the tax credits that are being utilized for the construction, maintenance and renovation of the Project, the dwelling units will be limited in the amount of rent charged for same in accordance with the following provisions : (i) Income Restrictions and Duration. For a period of fifteen years from the date a permanent certificate of occupancy is issued for the last building in the Project, or for as long as this Agreement remains in effect, whichever is longer, at least 36 of the units shall be made available solely to low income tenants in accordance with the terms of this Agreement. This restriction shall terminate at the end of such fifteen year period, or such longer period if this Agreement is extended. (A) Definition. For the purpose of this Agreement a " low income tenant" shall be a tenant (either individual or family as the case may be) whose income is not more than 60% of the median family income in Tompkins County at the time of rental . The determination of median family income shall be based upon incomes published by the United States Department of Housing and Urban Agenda Item No. 19 Development for the area in which the project is located, or if not published. by said Department, shall be based upon other similarly recognized sources of median income information as determined by the Town. (B) Additional Income Restrictions . At least 50% of the dwelling units made available to low income tenants (i . e . , 18 of the 36 units) shall be made available to low income tenants whose income is not more than 50% of the median family income. (C) Maximum Rent. The maximum rent to be charged for each of the units shall not exceed the lesser of. ( 1 ) The maximum rent authorized by the Internal Revenue Code Section 42 Low Income Tax Credit Program applicable to the unit and as administered by the United States Internal Revenue Service and/or the New York State Division of Housing and Community Renewal ; or (2) On an annualized basis (determined at the time of execution of a lease or upon occupancy, whichever is earlier), 37% of the applicable median family income in Tompkins County applicable to the unit, based on unit size published as set forth above (e. g. if the median family income for a family of two in Tompkins County is $47 ,400 . 00, and the tenant is being considered for a 50% of median family income apartment, the maximum annual rental chargeable to two people in that apartment shall be $ 8769, or $ 730 . 75 per month ($47 ,400. 00 times 50% times 37 %) ; if the tenant is being considered for a 60% of median family income apartment, the maximum annual rent chargeable to two people shall be $ 10, 522 . 80, or $ 876 . 90 per month ($47 ,400 . 00 times 60% times 37%)) . The maximum rent set forth above shall include costs of heat, water, gas, electricity, and sewer, if any. The owner shall have the option of requiring tenants to pay directly to the provider the costs of any or all of such utilities provided that the basic annual rent charge is reduced by the reasonably anticipated annualized costs of such utilities (e. g. if the maximum annual rent is $ 10, 522 .80, and if the tenant is required to pay New York State Electric and Gas Corp . or other public utility directly for his or her own gas and electricity, and if the reasonably anticipated annual cost of gas and electricity so payable is $ 1 ,200 . 00, the basic annual rent shall be no more than $ 9, 322 . 80 or $776 . 90 per month) . (D) Income Information. The Owner of the Project shall obtain, at the time of rental , such information as the Owner may reasonably determine to be necessary to establish the total income of the person or persons occupying the Agenda Item No. 19 rental units . At a minimum, such information shall include copies of the tenant's most recent income tax return including copies of W-2 forms ; if the tenant is working, copies of the tenant's four most recent pay stubs; and an affidavit sworn to by the tenant under the penalties of perjury stating the total amount of tenant's income and the sources thereof including names and addresses of payees of such income. The tenant shall also provide a signed authorization allowing both the Owner and the Town of Ithaca to verify Tenant's income with the payees of such income and shall also sign a written agreement agreeing to notify the Owner of any increases in tenant's income occurring after submission of the foregoing affidavit. Such records, authorization and agreement shall be kept by the Owner with any leases and shall be disclosed to the Town's zoning enforcement officer and other officials of the Town of Ithaca at any time upon request for the purposes of confirming that the units have been rented to low income tenants . (E) Loss of Eligibility. Subject to any other provisions regulating the occupancy of the project, any person who is an eligible low income tenant at the time of rental but who becomes ineligible by reason of increased income after assuming possession of a rental unit may be permitted to stay for the duration of such tenant's lease. Leases shall be limited to one year in duration, and may be renewed upon demonstration that the tenant continues to meet the income limitations as established by the Low Income Housing Tax Credit program . Certification to Town. Every three years and more frequently if requested by the Town, for so long as the project is required to provide housing for low income tenants, the Owner shall provide to the Town a certification of compliance with the requirements of this Agreement, which certification shall be in form and substance reasonably satisfactory to the Town and which may include a rent roll indicating for each apartment name(s) of the tenant(s) , duration of lease, period of occupancy, tenant's income, utility cost and rent paid. Audit. For so long as the project is required to provide housing for low income tenants, the Town shall have authority (but not the obligation) to audit the certifications of the Owner to determine compliance with the provisions of this Agreement (subject to strict confidentiality) . Such audit maybe conducted by Town personnel or by consultants or others selected by the Town. If the audit discloses a material breach of the provisions of this Agreement, without limiting any other remedies available to the Town, the reasonable expense of the audit shall be paid by the Owner to the Town within ten days of demand for same by the Town. For this purpose, a "material breach" shall include, but not be limited to, renting of more than 5 % of the apartments in violation of the income limitations set forth in this Agreement. Agenda Item No. 19 9 , ADDITIONAL OBLIGATIONS OF OWNER . The Owner agrees . (i) To commence and complete (within fifteen months from the date of this Agreement) the construction and renovation of the Project in accordance with : (A) Any requirements of the Town Board of the Town and the Town Planning Board, (B) The requirements of all applicable Town laws, ordinances, codes, rules and resolutions, (C) All other applicable agreements, rules, regulations, and laws ; (ii) To maintain the premises, including the interior and exterior of all structures, in a clean, sanitary, and neat condition, and in good repair, and, without limiting the generality of the foregoing, it is agreed that the foregoing provisions are especially applicable to all common or public areas, including hallways, passageways, entrances, walks and driveways which must be kept free of debris, trash and unsightly objects . (iii) To maintain all outside areas and grounds in a neat, clean, attractive condition, and free of all litter, trash, debris , garbage and unsightly objects ; to provide and maintain suitable and attractive plantings , shrubbery and lawn space; all garbage and disposable trash shall be kept in the interior of a building in suitable, covered containers ; the Owner will provide, or arrange for garbage and trash pick-up, periodically, at least once each week. Until such time as the Town adopts an applicable law or ordinance or the said Town or Supervising Agency adopts specific rules and regulations, all garbage and trash shall be deposited for pick-up in suitable covered containers in accordance with the requirements in effect in the City of Ithaca (which are hereby adopted by the Town for the purpose of this agreement) or as may be required otherwise by any regulation or law of the Town. Garbage containers shall be returned to the building within six hours of pick-up . The Owner will provide suitable facilities for garbage disposal of the occupants . Appearance, odors and sanitation shall be criteria to be observed in the foregoing. (iv) To maintain the premises and structures in a habitable, sanitary and safe condition, to provide a quiet, clean environment and quiet, clean living accommodations for the occupants ; to provide adequate locks on doors ; to provide adequate lighting, at all hours, for the safety of the occupants, especially in hallways, passageways, entrance ways, and driveways, and otherwise to provide for the reasonable safety of the occupants. (v) To provide reasonable facilities for the recreation and leisure of the occupants, providing, at least, a clean, comfortable, outdoor sitting area with benches, and recreational equipment for the occupants as may be required by the Town, in both Agenda Item No. 19 interior and exterior areas . (vi) If the public transportation carriers do not stop at the Project to pick up or discharge passengers, the Owner agrees to provide or arrange for adequate motor vehicle transportation for the occupants to and from the Project and the downtown area of Ithaca. Any plans for such transportation shall be submitted to the Town Board (and/or the Supervising Agency) for approval . The plan shall provide for such transportation as may be reasonably required by the Town and/or the Supervising Agency. The criteria shall be : whether or not there is a need for such transportation, the available facilities ; the cost to the Project; and the reasonable return from the Project available to the investors therein. (vii) A principal officer, manager, director or shareholder of the Owner will meet periodically with the tenants or Occupants or any committee or organization representing the occupants to discuss the operation and maintenance of the Project and to hear any suggestions or grievances . The name and other pertinent information of any such tenants ' group shall be forwarded to the Town and/or Supervising Agency. (viii) The chief fiscal officer of the Town of Ithaca shall be the Supervising Agency and shall have such rights and powers in addition to those reserved to such officer under this Agreement, as are granted to such officer by Article XI of the Private Housing Finance Law or other applicable statute. The Supervising Agency shall not be or be deemed an agent of the Company or the Owner, and has no liability to the Company or the Owner, nor to any tenants, for the management of the Project or the management of the rental units or improvements once built. (ix) The criteria as to whether any requirement, plan or regulation hereafter promulgated by the Town and/or Supervising Agency required to be performed by the Owner is reasonable and enforceable shall be : (A) the necessity therefor; (B) whether the Owner has or should have the personnel, facilities and procedures to perform or comply with such requirement, plan or regulation; (C) the cost thereof to the Owner relative to the income or return which the shareholders or partners or members of Owner receive; and (D) the availability of funds or loans to enable the Owner to meet such requirements, etc . However, and in limitation of the foregoing, if the requirement, plan or regulation is required by law, or is made in furtherance of the protection of the welfare of citizenry as to matters of health or safety, then the Company and/or Owner shall take such step as are reasonable to diligently implement any such requirement, plan or regulation. (x) The Owner shall , and will at all times, provide such supervisory and other personnel as may be reasonably necessary to provide the services, equipment and facilities provided for in this Agreement, and to comply with all requirements imposed upon the Company and/or Owner by applicable State and Federal laws, rules or agencies , including the administrative orders of such agencies, and including, but not limited Agenda Item No. 19 to , the New York State Division of Housing and Community Renewal . The Owner hereby represents that its present plans require the employment of at least one full- time general manager who shall be qualified to manage and supervise the efficient and orderly maintenance and operation of the Project and who shall reside in the Project and Owner agrees to employ such general manager and such employment shall be in effect on and after the effective date of this Agreement. 10 . INDEMNITY BY COMPANY AND OWNER. It is understood by the parties that the Town has granted exemption from real estate taxes herein on the assumption that it had the power to do so pursuant to Section 577 of the Private Housing Finance Law, and also under the assumption that the ownership and operation of the Project is and will be accomplished by the Company and its successors in a manner that now and hereafter qualifies the Project for such tax exemption. It is also understood, however, that the Town does not have the power to grant such tax exemption except as such power as is granted to the Town by Section 577 and Owner hereby agrees to save and hold harmless the Town and any officer or employee thereof from any and all suits, claims, damages and expenses it or they may incur because of the. granting of any such tax exemption or abatement, as may not be authorized by law, or which, by the ownership and/or operation of the Project by the Owner, may make the Project ineligible for such exemption, and Owner agrees to pay all taxes for which exemption has not been validly granted or, if validly granted initially, for which the Project at a subsequent time may no longer be eligible. 11 . TOWN NOT LIMITED IN FUTURE ACTIONS . It is understood that this agreement shall not estop the Town from adopting any ordinances, resolutions, laws and regulations (A) which may be reasonably desired or required to clarify, amend or enforce the provisions of this agreement, and to achieve the purposes and ends hereinabove set forth, or (B) which maybe deemed necessary or desirable by the Town, in its sole discretion without recourse, to comply with any County, State or Federal mandates, or which may advance the health, welfare, safety or weal of the general public or any citizens of the Town. 12 , REMEDIES OF TOWN . If the Company, or any entity or person owning or operating the Project, shall breach this agreement in a material way or shall fail to comply within a reasonable time after receipt of a written notice from the Town and/or Supervising Agency of any directive or order which may be issued by said Town or Agency hereunder, then the Town and/or Supervising Agency shall have the right to bring an action at law or an equitable proceeding to enforce the provisions of this Agreement, to require specific performance, and/or to collect damages, and to do any and all acts or things necessary, desirable or convenient to carry out this Agreement and to protect the interests of the Town and its inhabitants in this Project including, without limitation, the right to remedy or take adequate steps to remedy the breach of condition complained of or to insure or obtain compliance with any such order. or directive, and to undertake any work or construction which may be necessary to obtain such compliance. If the Town shall bring any equitable proceeding or seek equitable relief in the form of a restraining order, injunction, mandate or order of specific performance, or otherwise, the parties agree that the Town shall not be required to (A) post any bond or other undertaking, or (B) prove any lack of an adequate remedy at law. The Company and Owner acknowledge that, in the event of any breach by Company or Owner (or their successors and assigns, if any), damages would be extremely difficult to identify, estimate, . or calculate, and that Agenda Item No. 19 in any event, the Town cannot achieve complete or adequate relief at law. Accordingly, the Company and Owner, for themselves and all of their successors and assigns, hereby waive their rights to interpose any claim or any defense in opposition to the Town ' s request(s) for equitable relief based upon the posting of any bond or undertaking or the alleged availability of an adequate remedy at law . Should the Town be required to undertake any work or construction, or should the Town commence any proceeding arising from or in relation to this Agreement, including, but not limited to , the interpretation and enforcement hereof, the Company and/or the Owner agree to pay to the Town the reasonable cost thereof and/or reimburse the Town for the expenses thereof, including all costs, disbursements , and expenses, including experts ' , consultants ' , engineers ' and attorneys ' (and other legal) fees, and including the personnel time and expenses incurred by the Town. Such payment(s) shall be made within 30 days of demand therefor by the Town, and upon Owner' s failure to so pay within thirty (30) days after such demand, such sums may, in the sole discretion of the Town without recourse, be (i) recovered in any action or proceeding commenced by the Town in law or in equity, or (ii) added to the annual billing for payments in lieu of taxes provided by this Agreement and may or shall be collectible, and the non-payment thereof may or shall be enforceable, in the same manner as the non-payment of the payment in lieu of taxes due under the provisions of this Agreement. In addition, and without limiting the remedies set forth above, in the event ( 1 ) The Company violates any provision of this Agreement, and such violation is not cured within 60 days after written notification of such violation by the Town, or (2) The Project was ineligible for tax exemption as provided herein, or if originally eligible, becomes ineligible for such tax exemption at any time for any reason, or (3 ) The beneficial or legal ownership of the Project is transferred without the consent of the Town as herein provided, or (4) Any promise, representation or warranty contained herein (i) is materially breached and not cured within 10 days, or (ii) was false when first made, the exemption from real estate taxation provided herein shall immediately terminate. 13 . ASSIGNMENT . The Company will not assign this Agreement, nor any duties or responsibilities herein, in whole or in part, nor transfer, lease or sublease all or any part of the Project (other than individual apartments to individual tenants for periods not in excess of one year), without first obtaining the consent of the Town . This prohibition includes any transfer, subletting or assignment which would otherwise occur by operation of law, merger, consolidation, reorganization, transfer or other change of the Company's corporate or proprietary structure, or a transfer, assignment or subletting to or by a receiver or trustee in any federal or state bankruptcy, insolvency, or other proceeding. The Town agrees that such consent will not be unreasonably withheld. Consent by the Town to any transfer, lease, assignment or subletting shall not constitute a waiver of the requirement of such consent to any subsequent transfer, assignment, leasing or subletting. It shall not be unreasonable for the Town to withhold its consent to any of such actions until the Town has Agenda Item No. 19 received, in form and substance reasonably satisfactory to the Town : (i) Evidence, including financial statements and income statements for the proposed transferee, lessee, assignee, or subtenant (hereinafter collectively referred to as "Assignee") demonstrating the reasonable satisfaction of the Town that the proposed Assignee is financially and substantively capable of owning and/or operating the Project in the manner required by this Agreement; (ii) Proof, which, in the Town ' s discretion, maybe an opinion of reputable counsel, that the proposed action, and/or the operation of the Project by the proposed Assignee, will not result in the Project becoming ineligible for the tax exemption provided for in this Agreement. (iii) Evidence that the Assignee will provide adequate personnel and financial resources to operate the Project in the manner contemplated by this Agreement. (iv) Consent, if required, of any regulatory agency other than the Town to the proposed action. (v) An agreement signed by the proposed Assignee agreeing to all of the terms of this Agreement, including specifically the obligations_ of the Company and/or Owner set forth herein. (vi) Such other documentation and information as may be reasonably required to enable the Town to adequately evaluate the financial strength and operational capability of the proposed Assignee to maintain and operate the Project in the manner contemplated by this Agreement. If and when an assignment occurs, permitted as provided in this Agreement, the reference to Company or Owner herein shall be deemed to include such Assignee, and such Assignee shall be bound by all of the obligations of Company or Owner set forth herein. 14 . COVENANTS RUNNING WITH THE LAND ; RECORDING OF DOCUMENT. The obligations of the Company and the Owner shall be deemed covenants running with the land. At the option of either the Town or the Company this Agreement may be recorded in the Tompkins County Clerk ' s Office. 15 . VENUE; JURISDICTION . The parties agree that in any action brought in connection with this Agreement or performance of the parties hereunder, venue shall be set in Tompkins County, New York, and the parties shall submit to .the personal jurisdiction of the courts of New York sitting in Tompkins County. 16 . FULL AGREEMENT; NO MODIFICATION . This Agreement constitutes the full and complete understanding and agreement of the parties, supersedes all prior understandings and agreements as to the matters set forth herein, and cannot be amended, changed or modified without Agenda Item No. 19 the consent, in writing, of the parties hereto . The terms and provisions of this Agreement shall be . binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns . 17 . NO WAIVER. The waiver by either party of a breach of any term of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof. 18 . NEW YORK LAW . This Agreement, all of its terms and provisions, and the interpretation and enforcement hereof, shall be in all respects governed by and construed in accordance with the laws of the State of New York, without regard to, or the application of, New York State' s choice of law provisions . 19 . NOTICES . All notices required hereunder shall be in writing addressed to the party receiving such notice at the address set forth at the beginning of this Agreement unless such address has been changed by written notice to the other party under this paragraph . Notices shall be deemed given ( 1 ) If the mails are operating, two days after mailing the notice to the other party by certified or registered mail , return receipt requested with all postage prepaid ; (2) One day after delivery of the notice to an operating, recognized overnight delivery service such as Federal Express , properly addressed with the sender making arrangements to pay all required delivery charges and with instructions for overnight delivery to occur; (3 ) On the day of personal delivery to the other party at the address set forth above . In each instance the notice shall be marked Attention : Town Supervisor, if being given to the Town, and Attention : Secretary, if being given to the Company, unless other persons have been substituted by notices delivered pursuant to this section. 20 . PATRIOT ACT & SDN COMPLIANCE. Company and Owner hereby represent and warrant that : (i) they are not designated as an individual or entity that has been determined to have committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U . S . nationals or the national security, foreign policy, or economy of the U . S . , which would violate the Executive Order 13224, entitled "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism," which became effective on September 245 2001 (the "Order") ; and (ii) they are not owned or controlled by, or acting on behalf of an individual or entity which would violate the Order; and (iii) they have not and will never assist in, sponsor, or provide financial , material , or technological support for, or financial or other services to or in support of, acts of terrorism or individuals or entities designated in or under the Order; and (iv) they are not otherwise associated with certain individuals or entities designated iri or under the Order; and (v) they shall not enter into any contract, agreement, lease or sublease with any person, group, entity, or nation named in the Order or named on the SDN list which can be found at www .treas . gov/offices/ enforcement/ofac/sdn (or any similar future site or other center for such Agenda Item No. 19 information) ; and (vi) they shall not assign this Agreement, nor any duties or responsibilities herein, to any person, group, entity, or nation named on the SDN list. Company and Owner hereby agree to defend, indemnify, and hold harmless the Town, and its employees, agents, officers, and elected officials from and against any and all fines, penalties, actions, claims, damages, losses, liabilities, and expenses (including attorneys ' fees and costs) arising from or related to any breach of the foregoing warranties and representations. 21 . SEVERANCE. If any provision hereof is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be reformed to the minimum extent required to bring it into compliance with applicable law, or to otherwise make such provision enforceable. Such reformation shall be performed by first taking into account the purposes sought by the parties in any such provision, and second , by the intent of the parties as set forth in, or gleaned from, other provisions in this Agreement. If such reformation is not possible, then such provision shall be severed from the Agreement. Any severed provision shall be and be deemed severed from this Agreement only in relation to the facts and circumstances that gave rise to such invalidity or unenforceability, and not to other situations and circumstances . 22 . ENVIRONMENTAL COVENANTS. Company and Owner will at all times comply with and will not violate any applicable federal , state, county, or - local statutes, laws, regulations, rules, ordinances, codes, licenses, orders and permits of any governmental authorities relating to environmental matters, and any amendments or extensions thereof, including, without limitation (i) the Clean Air Act, (ii) the Federal Water Pollution Control Act of 1972, (iii) the Resource Conservation and Recovery Act of 1976 (iv) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (v) the Toxic Substances Control Act, (vi) the New York State Environmental Conservation Law, (vii) the New York State Public Health Law, (vii) the Superfund Reauthorization Act (commonly known as "SARA"), and (viii) all other applicable environmental requirements, as all now exist or are hereafter amended or re-codified . Without limiting the generality of the foregoing, Company and Owner (i) will lawfully use the real property and operate and manage the Project, and will at all times receive, handle, use, store, treat, and dispose of all hazardous or toxic substances, petroleum products, and waste in strict compliance with all applicable environmental, health, or safety statutes, ordinances, orders, rules, regulations, or requirements, and (ii) will remove from and off the premises all hazardous or toxic substances, petroleum products; and waste contamination. Company and Owner will not cause any hazardous or toxic materials, substances, pollutants, or contaminants to be released into the environment, or deposited, discharged, placed, or disposed of on, at, or near the premises . Company and Owner will, immediately upon receipt of actual or constructive notice of any violation of any of the matters referred to this Clause, promptly notify the Town, and deliver copies of all documents relating thereto to the Town. Company and Owner shall reimburse, defend, indemnify, and hold the Town harmless from and against any and all liabilities, claims, damages, penalties, expenditures, losses, or charges (including, but not limited to, all costs of investigation, monitoring, legal fees, fines, penalties, remedial response, removal, restoration or permit acquisition) which may now or in the future be undertaken, suffered, paid, awarded, assessed, or otherwise incurred. as a result of (i) any contamination on, above, or under the premises, any buildings thereupon or to be built thereupon, or any land upon which the Project will be constructed or operated, which exists as a result of any act of, or failure to act by, Company and/or Owner, Company' s and Owner' s employees, agents, Agenda Item No. 19 contractors, subcontractors, visitors, customers, lessees, successors or assigns, or (ii) any investigation, monitoring, cleanup, removal, restoration, remedial response, or remedial work undertaken on or near the premises . Company and Owner acknowledge and agree that the termination or expiration of this Agreement shall not relieve or release Company and Owner of any legal liability or responsibility, whether by way of damages, penalties, remedial actions, or otherwise, for any adverse effects or consequences resulting at any time from Company' s and/or Owner's failure to comply with the provisions of this Clause. 23 , CUMULATIVE RIGHTS . The remedies provided to the Town in or by this Agreement shall be cumulative, and are in addition to any other remedies available to the Town at law, in equity, under admiralty, by statute, or otherwise. 24 . CAPTIONS . The paragraph captions contained in this Agreement are inserted only as a matter of convenience, and in no way define, limit, construe or describe the scope or intent of the actual terms and provisions of this Agreement, nor in any way affect this Agreement. IN WITNESS WHEREOF , this agreement has been duly executed by the parties hereto . TOWN OF ITHACA (the "Town") By: Supervisor CONIFER VILLAGE ITHACA HOUSING DEVELOPMENT FUND CORP . (as the "Company" and as "Owner") By: John Spence, Secretary STATE OF NEW YORK : ss. : COUNTY OF TOMPKINS On the day of in the year 2006 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) , and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK : ss. : COUNTY OF TOMPKINS On the day of in the year 2006 before me, the undersigned, personally appeared Agenda Item No. 19 John Spence personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) , or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Agenda Item No. 19 Exhibit A LEGAL DESCRIPTION - CONIFER VILLAGE ITHACA ALL THAT TRACT OR PARCEL OF LAND , situate in the Town of Ithaca, County of Tompkins and State of New York, being part. of Military Lot 56 and being more particularly bounded and described as follows : Commencing at. the intersectioln Of the divisioIn line between the lands now Or formerly of Linderman Creek II Associates , LLC as described in Book CD2506 of Deeds at Page 4429 on the west and the lands now or formerly of Conifer Realty, LLC as described in Book CD2506 of Deeds at Page 4421 on the east wide the northerly margin Of N .Y . S . Route 79 (Enfield Center - Ithaca Road , S . H . No . 1001 ) ; thence along said division line the followingtwo (2) courses and distances: 1 ) North 14 (leg. 54 min . 53 sec . East a distance of 397 .00 feet to a point; thence 2) South 75 deg. 05 min . 07 sec . East a distance of 19 .47 feet to a point; thence dhrough the said lands of Linderman Creek II Associates, LLC die following two (2) courses and distances : 1 ) Nordh 13 deg. 59 min . 37 sec . East a distance of 138 . 44 feet to a point Of curvature ; and 2) along a curve to die left having a radius of 9 , 868 . 15 feet, length ol' 70 . 16 feet quid chord of Nortli 09 deg. 36 min . 27 sec . East, 70 . 16 feet to a point. in die center of Lindenman Creek, said point also being die division line between die said lands of Linderman Creek I1 Associates , LLC on the soudi and the said lands Of Conifer Realty, LLC on die north, said point being the POINT OF BEGINNING; thence westerly along said center of Linderman Creek and the division line between the said lands of Lindenman Creek II Associates, LLC on die south and the lands now or formerly of' Conifer Realt}7, LLC as described in Book CD2506 of Deeds at Page 4421 and the lands now or formerly of Conifer Realty, LLC as described in Book CD2506 of Deeds at Page 4414 , in part by each, on the nordi , as it winds and turns about 685 feet to a point, said point being North 66 (leg. 48 min . 18 sec . West a distance of 672 .99 feet from the termination of the last. described course ; thence tlhrough the spud funds of Conifer Realty, LLC die following live (5) courses and distances : 1 ) North 15 deg. 00 min . 20 sec . East. a distance of 498 .47 feet to a point. of curvature ; thence 2) northerly along a curve to the right. having a radius of 300 .00 feet, length of 99 .61 feet and chord of North 24 deg. 31 min . 03 sec . East, 99 . 15 feet to a point of curvature; dhence 3) easterly along a curve to tie right having a radius of 370 .00 feet, lengdh of 150. 64 feet and chord of South 59 deg. 47 min . 32 sec . East, 149 . 60 feet to a point; thence 4) Soudi 75 deg. 14 min . 17 sec . East a distance of 465 .92 feet to its intersection lAridi the division line between die said lands of Conifer Realty, LLC on the west and the said lands of Conifer Realty Corporation on die east; dhence Soudi 13 (leg. 04 nun . 40 sec . West. along said division line a distance of.' 362 .06 feet to a point on a proposed 60 foot roadway right Of way; thence along said roadway right: of way die following four (4) courses and distances: 1 ) South 89 (leg. 37 min . 15 sec . West a distance of 51 .49 feet to a point; dhence 2) along a curve to the left having a radius of 1352 . 33 feet, lengdh of 59 . 18 feet and chord of Soudi 01 deg. 38 min . 15 sec . East, 59 . 18 feet to a point; thence 3) South 03 (leg. 24 min . 19 sec . East a distance of 60 . 48 feet to a point of curvature ; and 4) along a curve to the right having a radius Of 1225 . 67 feet, length of 170 .40 feet and chord of South 01 deg. 06 min . 52 sec . West, 170 . 26 feet to die point of beginning, containing 8 . 896 acres, more or less . Subject to a 10 ' wide gas pipeline easenhent conveyed to New York State Electric & Gas as recorded in the Tompkins County Clerk' s Office in Book 374 of Deeds at Page 46 . Being a portion of lands conveyed by Anthony Ceracche to Conifer Realty , LLC by Executor's Deed dated May 8 , 2002 and recorded in the Tompkins County Clerk' s Office in Book CD2506 of Deeds at. Page 4414 and a portion of lands conveyed by Home Properties Resident Services, Inc . to Conifer Realt}r , LLC by Warranty Deed dated May 8 , 2002 and recorded in die Tompkins County Clerk's Office in Book CD2506 of Deeds at Page 4421 .