HomeMy WebLinkAbout2015 Supplements GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.37
The enclosed new and/or replacement pages should be placed in your Code volume immediately!
The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes,
but rather identifies the pages printed with this supplement. This instruction page should be
placed in the front of your Code volume.
REMOVE INSERT
230:15—230:16 230:15—230:16
234:3—234:4 234:3—234:4
234:4.1
234:15—234:16 234:15—234:16
234:16.1
270:21 —270:24 270:21 —270:24
270:99—270:100 270:99—270:100
271:1 —271:2 271:1 —271:2
271:4.1 271:4.1
271:57—271:62 271:57—271:62
DL:7 DL:7—DL:8
Index Pages 1—29 Index Pages 1 —29
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 2-2015; 3-
2015; 5-2015.
10-01-2015
§ 230-6 STREFITS AND SIDEWALKS § 230-y
circumstances or "it' the Town Board specificaHy accepts a substitute specification as being
equal or superior to the specifications attached. No construction, reconstruction or repair of'
sidewalks, shall be permitted, in (.]lose areas where tire Town Board has ordered (lie
construction or rmain(criance of sidcNvalks, that does not comply with the attached
specific,,ations, unless waived or modified by the Town l3oard as set forth above, and the
Town of Ithaca Complete Streets Policy,
§ 230-7. Maintenance of sidewalks.
The owner and occupant of' prennses abutting on any street where as sidewalk has been laid
shall keep the sidewalk in ft011t Of'SUCh premises free arid clear from snow, ice, dirt., and other
obstructions. All snow and ice shall be removed frorn such sidewalk within 24 hours, of' the
tinge, of its deposit, such time to be determined by tire Town Engineer. Upon default in
malinairiing sidewalks free and clear from snow, ice, dirt and other ObStrUCtiOlIS, file Town
imy remove such obstructions at tire expense of'the property owner. The charge to the owner
for the cleaning of any SUCh walk will be the aCtL1,11 cost, plus 50% for overhead and
administration for Such charges arid shall be due 30 days from the date invoiced to the owner,
Bills rCnlailljujry Unpaid aftcr 30 days shall accrue a late charge at the rate of per annunt
fronr the (late ofthe bill or S3 per month, whichever is greater, and may be added to the (axes
CILIC With rclation to, arid shall become as lien upon, the premises benefited thereby, until pai&
§ 230-8. Duty to construCtr and maintain sidewalks.
Jr,11C 'l,own Board may adopt orders from time, to time, directing the owners ot'llic respective
lots and parcels of ]arid abutting On ally 'j'o%%,jj street or highway, or, %ith file consent of the.
(I(RUIN S Ll IM-ni ter)den t of,Highways or the State Gornmissioner ot"Transportallon, as file case
may be, abutting on a county or state highway within tire, Tow n of Ithaca, along which it is
desired 'that sidewalks be built, rciald k:ir repaired, to construct the same to conform the terms
of' this artic1c, and spccl(ving the time within which, the sarnie shall be done. The procedures
related to such orders shall be as follows:
A, The 'rown Clerk sliall give notice thereof'by certified niail addressed to each such owner
at the owner's address as it appears Upon the assessirrent roll of the Town or, in file
alternative, by publication of a notice thereof`in the official paper at least twice, the first
publication of which shall be at least 15 days before the nine specified for the
completion of the work.
B, If, within the time prescribed in the order and nonce, the sidewalks required to be built,
relaid or repaired, shall not have beer) so built, relaid or repaired, their the Town [3oard
May caUSC the Saule to be done and audit and pay the expense of' doing the same an(]
assess the expense thereof'against the property benefited as as whole.
C. Such assessment shall be in five or f6ver annual installments and shall bc levied and
collected front the several lots and parcels in the same manner and at the sarne time as
other Town charges.
D, The assessincin against the property owners shall be in the same manner as street
unproverrients constructed pursuant to § 200 of the Town Law,
23W 15 10 . car -2015
§ 23(1)-S ITHACA ff,)DE § 230-10
["', It' such cxpense bc assessed in installrrictits, thcrc shall he assesse(i as part oleach
installi-nent, CNCCpt file first, as intercst, an arnount not exceeding W/i) Of'SUCII installment,
such ratc to be fixed by the Town Board in the orcicr providing for flic assessrnent,
F The provisions of' law applicable to the sale of' tax Hens shall apply, to any unpaid
assessed instalimcnt with the interest 1hercon In the same manner as though such
installment and iiii,crest had becii asscssed as an, asscssnicni payable as a whole.
Un,,,issessed installi,nents shall bc prcpayable at any finle with interest computed thercon
at the af'oresald rate fi-oni the date of' assessment of the first inst.alln'tent to the date of'
payment of"the pa rtiCUlar installment,
G. If such expcnsc lac; assessed as a whole and the Town Board resolulion assessing such
cxpcnsc against a particular piece of property shall so provide, the assessment against
such property, may be paid in five or fewer annual installments on file dates fixed by such
resolution with interest, not cxcecding WN) of each such insiallment, fixed by such
resolution,
11. Nolwilhstanding the foregoing, the Town lloard may adopt as local law apportioning tile
cxpctisc cd" building, rclaying or t-cpairing any sidewalk within such ]-own between file
"Fawn arld owners of the respective lots an(] parccls of' land abutting ally street W, County
or state highway within the Town along which it is desired that side,,valks be built, relaid
or repaircd.
§ 230-9. Applicability.
This article shall apply to all progeny in the Town of Ithaca outside the ]units of' the
incorponated \,Illlag(,,, O'C',l)(Uga Hcights,
A WN CI-E I I I
Hanshaw Road NNIalkway
[Adopted 3-13-2006 by L.L. No. 5-200} 6; amended in its entirety 10-19-2009 by L.L. No.
12-20091
§ 230-1tl. O�Nnership, maintenance and liability.
If"a Town-sponsored walkway is bUill along part or all of Hansliaw R(.,)ad within the Town of
Ithaca, the
nfOW�rj will assurne oNvnership and rnaintonance responsibilities for said walkway
within the Town, and the Town will further assuine liability for its negligent acts an(]
011ussions related to defccls in, or snow 01' ice Upon, said walklxay within the Town; provided,
however, that nothing in this section shall be deemed to dispense with the requircincrit of
advance wriltcn notice to the Town ol" the defcct or the existence of snow or, ice,- thereon, or
with the requir-cment that [lie, Town havc file i-Wortumly to repair or rcinove the sats within
as reasonable time afier receipt of such notice, as set forth in Towii Law § 65-a and Town
Code Chapter 188, Notification of' Defiects, as conditions precedent to liability.
230 16 10-01 -2015
§ 234-1 SUBDIVISION OF' LAND § 234-2
permitted by law, said resolution reading as follows: "RESOLVED that the Planning
Board be, and it hereby is, empowered at the time of the approval of a plat either to
contmin the zoning regulations of the land so platted as shown on the Official Zoning
Maps of the ']'own or to make any reasonable change therein, upon I-ollowing the
procedure required by § 281 of`the Town Law.N
C. The Subdivision Regulations ref the Town tat' Ithaca were adopted by the town Planning
Board on March 24, 1956, and approved by the Town Board on. March 24, 1956
D. By resolution adopted on the fourth day of'(I)ctober 1982, (lie Town Board anncrided the
J'own cif'Ithaca Subdivision Regulations, rcaffirryied the delegation to the Planning Board
of it powers Urider § 281 of' the Town Law, as arnended,5 and further delegated to (lie
Planning 110al-Cl the aUthOrily to Inanclate clustered subdiVriSi(:)IIS in the Town of Ithaca.
Said resolution further authorized the Planning Board to require developers to submit a
clustered subdivision plan whenever the Planning Board believes that the application of
such procedure would benefit tile ']'own, I he authority of the Planning Board to require
clustering is limited by the conditions of Article V of` these: regulations, adopted by (lie
Planning Board on November H, 1982, and approved by the Town Board can November
16, 1982, and by the provisions of"Article 16, § 28I, ofthe Town Law.
1"'. 'Flic Subdivision Regulations of the Town, of Ithaca are Further amended to read as
follows.,
§ 234-2. Policy.
A, The policy of the Town of 1thaca is to consider land subdivision regulations as part ol'a
Comprehensive Plan for the orderly, efficient, and economical develop inent of the Town
of' Ithaca. Proper prov�lslon shall be nrade for- drainage, water supply, sewerage,
highways, open space. and other needed improvernents, and to provide protection against
floods and to otherwise promote the health, sailety, and welfare ref'the Town's Inhabitants.
13, 1-11C Subdivision Regulations are adopted to guide, promote, and protect the commUllity'S
physical, social, and aesthetic developmcrit in order to preserve the character of`the J'own
as a beautiful and desirable place in \vJiich to live.
C. All proposed lots shall be laid Out in harnrony with the prevailing pattern of
developrnent, with development following the contour of the. land as FIRICh as possible.
Developers of large subdivisions are encouraged to consider the use of'clustering in their
designs. C.lustering may permit a flexibility in the developri,icrit and use of land.
Chistcring results in as concentratioll Of' Occupancy and use in a particular area of land
and space. The increased use of' the cluster provisions of Town Law may encourage the
preservation ofavailable open space within residential cor-nuiun i ties and reduce the cost
and maintenance of public improvements.
4, Edkor's Note: T'own Law§ 2,81 re: ciustered sur divi*ions was renumbered and amended by L. 1992,c, 727.Svc now
Town Law§278,
5, Editor's ,Note: Town Law §281 re: clustered subdivisiom was renumbered and amended by 1— 1992, c. 727. See now
Town Lavv§278
234:3 10.01 -2015
§ 234-2 ITHACA CODE § 234-4
D. The PIanning Board may adopt provisions for parks, playgrounds and other recreational
facilities pursuant to the Town of Ithaca Park and Open Space Plan. ,
E. All streets shall be of such width, grade, and location in order to accommodate the
prospective traffic, including accommodation of pedestrian and bicycle traffic as may be
required by the Town of Ithaca Complete Streets Policy, and to facilitate emergency
services, and to provide access for all firefighting equipment to all buildings. [Amended
5-11-2015 by L.L. No. 3-2015]
§ 234-3. Enforcement and administration.
A. These regulations shall be enforced by the Building Inspector, Town Engineer, or the
Town Planner. If any applicant for subdivision approval or other person is aggrieved by a
requirement or determination of the enforcing officer affecting the interpretation,
applicability, compliance with and enforcement of any of these regulations, he shall
appeal to the Planning Board for a review of the requirement or determination by the
Planning Board in accordance with the provisions of § 234-10 hereof entitled "Appeals
and waivers."
B. Whenever any subdivision of land is proposed to be made, the subdivider or his agent
shall apply in writing to the Planning Board for the approval of the subdivision. This
application shall conform to the specifications set forth in these regulations.
C. Until the Planning Board has given final approval of any subdivision plat and the
application for the approval of a subdivision, and the subdivision map has been filed in
the County Clerk's office bearing the approval of the Town Planning Board and all other
required endorsements and complying with these regulations and all requirements of law,
no building permit for construction or other work on the property shall be issued nor
shall such permit be valid if erroneously issued, and no lot in the subdivision shall be
sold. Any such action or any work done on or with respect to the lands in the subdivision
or any expenses incurred prior to final approval shall be at the peril of the owner of the
land or the applicant and shall not give rise to any claim for damages by the landowner
or applicant.
D. Where an approved subdivision has later been consolidated, in whole or in part, for real
estate tax purposes or any other reason (and regardless of whether all or a part of such
subdivision has been or thereafter is described as one or multiple parcels on any deeds or
other instruments), the portion so consolidated shall not be resubdivided without
undergoing subdivision review and approval as if it were a new subdivision.
§ 2344. Public hearings.
A. Notice of public hearings shall be published in the official newspaper of the Town of
Ithaca at least five days before the Planning Board meeting. The law governing the
holding of public hearings for subdivision approval is set forth in § 276 of the Town
Law.
234:4 10-01 -2015
§ 2344 SUBDIVISION OF LAND § 2344
B. Advertising or publishing the notice, in accordance with the provisions of law, is the only
r' notice Iegally required.
234:4.1 10-01 -2015
§ 234-21 SUBDIVISION OF LAND § 234-22
ARTICLE IV
Reservation Requirements and Subdivision Design Standards
§ 234-21. Reservation of land for public facilities.
A. Whenever a subdivider proposes to subdivide land which includes, or appears to include,
all or part of the proposed site for a public facility, the Planning Board shall submit the
plat to the public body responsible for acquiring the Iand for the site before approving
the preliminary plat of the subdivision. If this public body determines that the site for the
public facility or public utility should be located within the boundaries of the proposed
subdivision, then the Planning Board may require the subdivider to reserve land for
public acquisition and shall designate the boundaries of said land. Such reservation shall
be for a period determined by the PIanning Board. Upon receipt of a preliminary plat
where a site for a public facility may be involved, the Planning Board shall transmit a
copy of the plat to the public body responsible for the acquisition of the site.
B. No dedication by the subdivider for an easement or a highway or other public use shall
be shown on a plat unless the Town Board determines to accept such dedication. When a
subdivision is traversed by a watercourse, drainage way, channel, stream, or creek, the
subdivider may be required to provide a stormwater easement or drainage right-of-way of
sufficient width for such purpose and its maintenance, wherever the Planning Board Ends
such easement desirable.
C. Where alleys are not provided or may not be used for that purpose, easements not less
than five feet in width shall be provided, preferably at the rear of each lot, for poles,
wires, conduits, storm sewers, sanitary sewers, gas lines, water mains and lines, and other
utility purposes as required. In no case shall the combined widths of the easements on
both sides of a rear lot line be less than 10 feet. Additional easements shall be provided
where required by the Planning Board.
§ 234-22. Reservations of parks and recreational land. [Amended 4-10-19951
A. Before the Planning Board may approve a subdivision plat containing residential units,
such subdivision plat shall show, when required by the Planning Board, a park or parks
suitably located for playground or other recreational purposes. The amount of land to be
so reserved is normally, subject to the provisions below, in the amount of 10% of the
gross area of the subdivision. The area shall be shown and marked on the final plat
"Reserved for Park and/or Playground Purposes."
B. Land for park, playground or other recreational purposes shall not be required until the
Planning Board has made a finding that a proper case exists for requiring that a park or
parks be suitably located for playgrounds or other recreational purposes within the Town.
Such finding shall include an evaluation of the present and anticipated future needs for
park and recreational facilities in the Town based on projected population growth to
which the particular subdivision plat will contribute. Such evaluation may also include
reference to any current Parks, Recreation and Open Space Plan existing in the Town.
C. In the event the Planning Board makes a finding pursuant to Subsection B of this section
that the proposed subdivision plat presents a proper case for requiring a park or parks
234:15 10-01-2015
234-22 ITHACA CODE § 234-23
Suitably located liar playgrounds or other recreationA 111,11-17OSCS, but that a suital.fle park or
parks Of `,K1CqUatC SiZC to r-liect the reqUirement cannot, be properly located on such
subdivision plat, the Phunung Roard inay r-cquirc a sum of money Hi lieu thereof ill an
amount to be established by the ToNvii Board. In making, such determination of'
suitability, the Planning Board shall assess the size and suitability of lands shown oil the
sub(fivislon plat which could be possible locations for park or recreational lacilitics, as
Svcll as practical factors iuC1LlCfinj,-; whether there is a need for additional facilities, in tile
irpirriediatc ncighborhood. Any monies required by the Planning Board fir lieu of land for
park, j)1a)rgr0Und or other recrcallonal Purposes, pursuant to the provisions of' this
section, shall be deposited into a trust fund to be used by the Town exclusively for park,
playground or other recreational pUl'POSCS, inClUding the acquisition of'property.
D. If the Town Board, by resolution or local law, lljS eStablislied the amounts, or as formilla
by w1iich amounts payable in lieu of' land reservation may be determined, the anIOUBtS
payable pursuant to this section shall be as set forth in, or determined by, such local
law,10
`. If the Planning Board, upon the findings set forth above, requires a reservation of'
parkland or recreational land, such reservation shall he of suitable size, dimension,
tc)pognaphy, and general character and shall have adequate road access for the particular
purposes envisioned by tile Planning Board. The Board may require that the recreat4,)n
area be located at as suitable place on the edge of'the subdivision so that additional land
inay be added at such time as the ad.jacy
ent land is subdivided. The subdivider ima
dedicate all such recreation areas to the Town.
F. Uand reserve(] Im use as playgrounds or playfields shall be of a character and location
suitable for such use. This land shall be relatively level and dry and shall be improved by
the subdivider to the standards required [)y the Planning Board,
G. The provisions of' this section are inininiurn standards. None of' tile Subsections above
shall lie construed as prohibiting a subdivider froin reserving other land For rcercali011,
purposes in addition W the FCCjUu-CTT1C1-ltS OfthiS section.
§ 234-23. Highway improvements.
AAllroadways shall be paved Lind all road sag,;ns, installed according to the Town of' Ithaca
Highway Specifications, Copies of which are available ill the office of the Town
Eng nicen The subdivider shall improvc or agree to improve all highways, alleys, and
other \vays to provide drainage iniprovements, all in SUch manner as is necessary for the
general USC Of ]Or OW11US in the subdivision an(,] 'to nice( local traffic and drainage needs,
including the needs of pecicstrian and bicycle traffic as may be required by the Tok"m (it'
Ithaca Conl1flete Strccts Policy. jAmended 5-11-2015 by L.L. No. 3-20151
R Thc arrangement of` streets in the subdivision shall provide fior the continuation of' the
principal structs in ad.joining Subdivisions or for their proper prolicaron when adjoining
property is not subdivided, and shall be of' a width, at least as great as that of' existing
connecting streets or the munimurn highway wiciffis established here, As, as general rule
10. Edltor'%Noteser Ch' 153, FkTs,§ 153-12, Fevs in Hok(of iveremiona1i land reservation.
234:16 10-tri -arras
§ 234-23 SUBDIVISION OF LAND § 234-23
the right-of-way of streets shall not be less than 60 feet. The street arrangement must
provide for reasonable access from adjoining property that has not been subdivided.
f 234:16.1 10-01 -2015
§ 270-5 ZONING § 270-5
exception for mobile equipment does not extend to any antenna(s) attached, directly or
indirectly, such as on a tower or other structure, to realty or to other facilities used in
connection with such mobile equipment]; or D) devices covered by the Federal
Communication Commission's over-the-air reception devices rule, found at 47 CFR Section
1.4000; or E) antennas that are not licensed by the Federal Communications Commission and
are one meter or less in diameter or diagonal measurement or (for whip antennas) are one
meter or less in length and no more than three inches thick; used in connection with the
provision of two-way communication services of which at least one of the directions of
communications is wireless, including cellular telephone services, personal communications
services, private radio communications services, fire and emergency communications, and any
other private or public radio communications transmissions regulated by the Federal
Communications Commission in accordance with the Telecommunications Act of 1996 and
other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L. No. 5-20051
TIMBER HARVESTING — The cutting, removal, or harvesting of timber or trees.
[Added 3-12-2012 by L.L. No. 3-2012]
TWO-FAMILY DWELLING— A detached building containing two dwelling units.
VEHICLE REPAIR GARAGE— A facility at which the principal activity is the servicing or
repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's
shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities.
WALL— See definition for fence. [Added 11-9-2009 by L.L.No. 14-20091
f
WATER RIGHTS LINES — The lines that are used solely for determining the boundaries
for the placement of certain piers, docks, wharves and other similar facilities subject to this
chapter. [Added 7-13-2009 by L.L. No. 10-20091
WATERSIDE— The lake side of the ordinary high water line. [Added 7-13-2009 by L.L.
No. 10-20091
WETLAND— Any area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
[Added 3-12-2012 by L.L. No. 3-20121
WIND ENERGY FACILITY — The structures and associated equipment which convert
wind energy into usable mechanical or electrical energy, including towers, turbines, guy wires,
associated anchors and foundations, mounts, connected facilities such as generators,
alternators, inverters and batteries, and other associated equipment. [Added 8-11-2008 by
L.L.No. 13-20081
WOODSHED — An accessory building used exclusively for the storage of firewood and
which has at least one side that has no wall. [Added 8-13-2012 by L.L. No. 11-2012]
YARD— An open space on the same lot with a building, unoccupied and unobstructed from
the ground upward except as otherwise permitted herein.
1
270:21 10-01-2015
§ 270-5 I'FliM,'A CODF* § 270-6
YART), FRO "l" -- I'lie yard betwccn the strect right-of-way line and the frcnit facade Of"the
principal building, extended fron,,i each rearmost exterior corner of the front filcade to the
adjacent side lot line. lAmemled 8-13-2007 by L.L. No. 6-20071
YARD, REAR . .. 'I'lic yard between the rear lot line and the rcar Cracadc of the principal
building, extended frorn each rnost forwardly exterior corricr ofthe rear fiacidc to the a(tjacent
side lot line. lAniended 8-13-,2007 by L.L. No. 0-20071
YARD, SfDE - - 11re yard, boween the principal building and a side lol line, but cxcluding a
frorit yard or rear yard, [Amended 8-13-2007 by L.L. No. 6-20071
ARTICLE IV
Establishment of,zones
§ 270-6. Enumeration of zones.
X 5,)r the purpose of this cliapter thc "rown of Ithaca is hereby divided into the following
tyrpes of zones (also soinefinres hereinafier referred to as "districts"): jAinended
8-1-2005 by L.L. No. 7-2005; 1-4-2011 by L.L. No. 1-2011; 8-8-2011 by L.L. No.
II-20111; 8-10-2015 by L.L. No. 5-20151
C.onservation Zones
Agricultural Zones
I-akcfront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Hotne Park Zones
Multiple Residence Zones
Neighborhood Coniniercial Zones
Office Park Cornincrcial Zones
Community Commercial Zones
Vehicle Fueling and Repair Cl oniniercial Zones
Lakefront Clotrimercial Zones
Light IndUstrial Zones
Industrial Zones
Planned Dcvelopnicti( Zones
Areas of Special Flood Maza rd
Special Land Use Districts (l-imited Mixed Use) - In accordatwe with and PUISLIMIt 10
Local Law No. 2-1984
Special Land Use District No, I - In accordance with and purstiani it) 1.,oeal Law No,
34984 [Wiggins]
270:22 10-01 -2015
§ 270-6 ZONING § 270-7
Special Land Use District No. 2 - In accordance with and pursuant to Local Law No.
4-1984 [Sapsucker Woods]
Special Land Use District No. 3 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 4-1986 [Biggs Complex]
Special Land Use District No. 4 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West]
Special Land Use District No. 5 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 2-1988 [Chamber of Commerce]
Special Land Use District No. 7 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1994 [Ithacare]
Special Land Use District No. 8 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage]
Special Land Use District No. 9 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 14-1995 [Cornell Precinct 7]
Planned Development Zone No. 10 (Limited Mixed Use) - In accordance with and
pursuant to Town Code § 271-11 [Brookdale Senior Living]
Special Land Use District No. 11 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 7-1998 [Comell Chilled Water Plant]
Planned Development Zone No. 12 - In accordance with and pursuant to Local Law No.
8-2005 [South Hill Business Campus]
Planned Development Zone No. 13 - In accordance with and pursuant to Local Law No.
1-2011 [Belle Sherman Cottages]
Planned Development Zone No. 14 - In accordance with and pursuant to Local Law No.
11 of 2011 [Ithaca Beer Company]
B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning
Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said
map and all explanatory matter thereon and amendments thereto are hereby made a part
of this chapter.,
§ 270-7. Continuation of special land use districts. 2
The provisions of any prior zoning ordinance or local law creating, implementing, amending,
or in any other manner dealing with any special land use district as in effect on the effective
date of the adoption of this provision shall continue in full force and effect unless expressly
modified by the terms of this chapter or any other local law or ordinance adopted subsequent
to the adoption of this provision. Henceforth, such special land use districts shall be
considered planned development zones for the purposes of this chapter. Without limiting the
foregoing, the adoption of this revised chapter shall not alter the permitted uses nor the
conditions or limitations relating to properties within an existing special land use district.
1. Editor's Note:A copy of the Zoning Map may be included in the pocket at the end of this volume.The current and
official Zoning Map is on file in the Town offices.
2. Editor's Note:See also Ch.271,Zoning:Special Land Use Districts.
y 1
270:23 10-01-2015
§ 270-8 ITHACA CODE § 270-9
§ 270-8. Zone boundaries.
Where uncertainty exists with respect to the exact boundaries of the various districts as shown
on the Zoning Map, the following rules shall apply:
A. Where zone boundaries are indicated as approximately following the center lines of
streets or highways, street lines, or highway right-of-way lines, such center lines, street
lines, or highway right-of-way lines shall be construed to be said boundaries.
B. Where zone boundaries are so indicated that they approximately follow the lot lines as
shown on plots of record at the time this chapter becomes effective, or lot lines on plots
of record at the time of any amendment rezoning an area, then such lot lines shall be
construed to be said boundaries.
C. Where zone boundaries are so indicated that they are approximately parallel to the center
lines of street lines or streets, or the center lines or right-of-way lines of highways, such
zone boundaries shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map. If no such distance is given, such dimension
shall be determined by the use of the scale shown on said Zoning Map.
D. Where the boundary of a zone follows a railroad line, such boundary shall be deemed to
be located in the middle of the main tracks of said railroad line.
E. Where the boundary of a zone follows a stream, lake or other body of water, unless
otherwise indicated said boundary line shall be deemed to be at the center line of said
stream, lake, or other body of water, unless said center line is outside the jurisdiction of
the Town of Ithaca, in which event said boundary line shall be deemed to be at the limit
of the jurisdiction of the Town of Ithaca.
F. Distances shown on the Zoning Map are perpendicular or radial distances from street
Iines measured back to the zone boundary line, which lines, in all cases where distances
are given, are parallel to the street line.
G. In all other cases the boundary line shall be determined by use of the scale on the Zoning
Map.
H. Any lands existing in the Town of Ithaca which are unzoned at the time of the adoption
of this amendment, and any lands hereafter added to the Town of Ithaca by annexation or
otherwise, are hereby zoned Low Density Residential Zone. Any such after-acquired
lands shall be automatically zoned Low Density Residential Zone upon such acquisition,
except that such lands may be thereafter rezoned to any other zone as determined by the
Town Board.
§ 270-9. Prohibition of uses.
All uses not specifically set forth as permitted uses in a zone are expressly prohibited as uses
in that zone. A use specifically permitted in one zone is not permitted in any other zone, less
restrictive or otherwise, unless specifically enumerated as a permitted use in such other zone.
270:24 10-01 -2015
§ 779;1-1 18 ZONING § 271)-191
Nrewsheds, UniClUe natural habitats, and on other open space areas of importance to the
neighborhood Or COMintillity.
J. The cffect of the proposed dcN,clopinent on any historic StrUCtUrCS listed or cligible for
listing on the National Register of I-lis(oric Places.
K� The need for, and the adecluzicy of, any natural or man-made buffers.
L W,hether the design of' the project rruninu I zes the increase of imperviOUS SUrI`uCCS 011 the
site,
M. Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision
Regulations, Watcr RCSOUrces Ordinances, if applicable, Outdoor Lig a t):htingy L w,l
Complete Streets P(,A]cy, and any other applicable IIWS, rules, requirements, or policies,
[Amended 10-16-2006 by L.L. No. 12-2006; 5-11-2015 by LL. No. 3-299151
§ 270-189. Limitations on construction.
No site plan shall be approved which provides f construction or other disturbance of land in
environmentally sensitive areas, irlChIding but not firnifed to, wetlands, watercourses, steep
slopes, unique natural arcas, or rare plant, or animal habitats, unless the applicant demonstrates
with professional evidence reasonably satisfactory to the Planning Board that such
constniction may occur without adverse cmirorij,'riental effects upon such areas, Nothing in
this subsection is intended to permit construction or other activities it) areas were. the sarne
are prohibited or regulated by other 18W'S or rCgLfl21iOuS Of the federal, stale, county, or local
govern""rent.
§ 270-190, Reservation of parkland on site plans containing residential units.
If (tic proposect pro'ject includes dwelling units, the Pkinjiling Board rnay, in accordance with
the provisions and requirernents of` own Law, § 274-a or any slindar or successor law, require
as park or parks to be sh(:mn on the site plan, or., to the ea lent permitted by § 274-a, monies if)
lieu of'parkland.
§ 270-191. Modifications of site plans.
A site plan that has received final site plan approval may be modified upon the application of
the owner for such triodification. Such application shall be in accordance with the provisions
of this ailicle and the procedures applicable to such application shall be ilic sarric ais are
applicable to an initial application for site plan approval. Notwithstanding (tic foregoing,
Planning Board ariproval of as modification shall not be requiredl-
A. If the modification docs not involve:
(1) Construction of an addition of more than 1,000 square fect of- encloscd space
wlicthcr on one or more stories; nor
16. fdhor'�Note:See Ch. 173,Outdoor Ughfing.
270:99
§ 270-191 ITHACA CODF�' § 270-191
(2) Constructloij or relocation of more than three parking spaces nor, construction cir
relocation of any p,,irking spaces to an area that is not adjacent to the origirial
pkinned parking area; nor
(3) Cori struction, alterations. or renov�,nlojjs affecting the exterior ofa building or the
site anticipated to cost more than $20,000,- nor-
(4)
or(4) Construction, alteration, or renovation of the interior of" a building Involving a
change in occupancy or usc,- nor-
(5) Enklrl,ICITICIA Of all eXiSting or previously approved building thaf irryolvcs an
increase of square l6otage of rriorc (Iran I 59/,i) oC the, existing square footage of' the,
existing or previously approved buildingfi nor.
(6) Reduction of' an existing or previously approwd building that involvcs as decrease
of square footage of niore than 15% of the exiting or previously approved
building; nor
(7) Ahcration of traffic flows and access nor a significant increasc in the VOIL.1111C Of
traffic, nor
(81) A significant (in the judgment of'the Director of Planning) change in the aestlictic
appearance of" any structure or site plan clearent filClUding landscape and lighting
details from that presented at the tlivic oftlic prior approva,% nor
(9) A change in the itr1pacts of thc project oil surrounding properties, SUCh as an
increase in noise, water run-off'. light illumination, or obstructions it) vicws" F101,
(10) Violation of any express conditions (includitig, without limitation, buffer zones,
setbacks, and similar restrictions) intposed by the Planning Board in granting prior
site plan approval, or-
13
r13 If the nwdification does, not involve a movemen( or shill of a location of' one or niore
buildings more than two feet laterally or six inches vertically fron) the location or
clevation shown on the final site plan where:
(I) SUCfi Shift does not alter proposed traffic flows or access; and
(2) Such shift does, riot directly violate any express condlitlons (including, without
limitation, buffer zones, setbacks, dc.) imposed by the Planning Board in gratiting
prior site plan approval.
C. The nurnerical crilcria liar the exceptions from flee requireirient of obtaining Planning
Board approval are an aggrcgate rnaXitrinjr.) [i.e_, it' a seveii-litirid!i"ccl-sLiLiai-e-fc.)ot, additi011
is constructed without obtaining Planning l3oard approval PLU'SLUIrn to Subsection A(l)
above, construction of a sccond addition larger than 300 square fCCt WOUld require
Planning Board approval ola modified sitc plan],
D. This warvcr of' the reqUilCinent of Planning Board approval is not intended to permit
C011Sn'LiCtion in violation of any other provision of ibis chapter inclu(ting setback, side
yard, aAnd similar regulations, nor the requirement to obtain a building permit in those
270:100 10 -01 -2015
Chapter 271
ZONING: SPECIAL LAND USE DISTRICTS
§ 271-1. Special regulations applicable § 271-9. Special Land Use District No. 8
to stated special land use (Limited Mixed Use,
districts. EcoVillage).
§ 271-2. Special Land Use Districts: § 271-10. Special Land Use District No. 9
Limited Mixed Use. (Limited Mixed Use, Cornell
§ 271-3. Special Land Use District No. 1 Precinct 7).
(Wiggins). § 271-11. Planned Development Zone No.
§ 271-4. Special Land Use District No.2 10 (Limited Mixed Use,
(Sapsucker Woods). Brookdale Senior Living).
§ 271-5. Special Land Use District No.3 § 271-12. Special Land Use District No.
(Limited Mixed Use, Biggs 11 (Limited Mixed Use, Cornell
Complex). Chilled Water Plant).
§ 271-6. Special Land Use District No. 4 § 271-13. Planned Development Zone No.
(Limited Mixed Use, Statler 12.
West). § 271-14. Planned Development Zone No.
§ 271-7. Planned Development Zone No. 13 (Belle Sherman Cottages).
5 (Limited Mixed Use, § 271-15. Planned Development Zone No.
Chamber of Commerce). 14 (Limited Mixed Use, Ithaca
§ 271-8. Planned Development Zone No. Beer Company).
7 (Limited Mixed Use,
Ithacare).
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in section
histories.Amendments noted where applicable.]
GENERAL REFERENCES
Zoning—See Ch.270.
§ 271-1. Special regulations applicable to stated special land use districts. [Added
7-12-2004 by L.L. No. 7-20041
The following provisions, regulations and requirements shall apply to existing special land use
districts (now considered planned development zones) and to specific special Iand use districts
as stated in the following sections.
271:1 10-01-2015
§ 271-2 ITHACA CODE § 271-2
§ 271-2. Special Land Use Districts: Limited Mixed Use. [Adopted 8-13-1984 by L.L.
No. 2-19841
A. This section amends Section I of Article II of the Town of Ithaca Zoning Ordinance, by
adding to the list of permissible districts which may be designated as Special Land Use
District(Limited Mixed Use).
B. The uses permitted in such district will be such a combination of the uses permitted in a
residential and agricultural district and in Business Districts A, B, and E as the Town
Board may permit. The diverse uses must be combined in a unified plan.
C. The establishment of any such district shall lie in the sole discretion of the Town Board,
as a legislative body. It shall be established by amending the Zoning Ordinance to permit
such establishment. The enactment and establishment of such a district shall be a
legislative act. No owner of land or other person having an interest in land shall be
entitled as a matter of right to the enactment or establishment of any such district.
D. The provisions of the Zoning Ordinance and Planning Board Regulations, as they may be
amended from time to time, and any other regulations, orders, rules and resolutions shall
apply to the establishment of any such district. In addition, the Town Board may impose
such conditions and restrictions governing the establishment and regulating the use of
land in any such district as the Town Board deems necessary and desirable.
E. Subject to the provisions below, the procedures governing an application for site plan
approval as provided in Section 46 and 46(a)2 shall apply except that: [Amended
6-9-1986 by L.L. No. 3-19861
(1) Before submitting a general site plan to the Planning Board, the applicant shall
submit the general site plan to the Town Board. 1
(2) The Town Board, in its discretion may require additional information, may refer
the matter to the PIanning Board for recommendation, or may establish a public
hearing date on the proposed district.
(3) No application for the establishment of any such district shall be referred to the
Planning Board except by the Town Board.
(4) The Town Board may impose other procedural requirements with respect to any
application or with respect to a specific application as the Town Board may deem
necessary and desirable.
F. Projects such as the Wiggins "La Tourelle" Project, the Rocco Lucente Sapsucker Woods
Project and the Lake Shore West Project which have been in the process of being
reviewed by the Town Board and the Planning Board shall be deemed to have been
referred to the PIanning Board and the Town Board may amend the Zoning Law to
1. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984,when this section was adopted. See
now§270-6.
2. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984, when this section was adopted and
amended.
1
271:2 10-01 -2015
§ 271-3 ZONING: SPECIAL LAND USE DISTRICTS § 271-3
[a] No more than 25 seasonal luxury tents for overnight lodging;
[b] Related commons lobby tent (one tent up to 40 feet by 60 feet),
dining/lounge tent (one tent up to 20 feet by 40 feet), bathroom
and shower facilities, fire circle, hot tub, office space, and grills;
[Amended 4-13-2015 by L.L. No. 2-20151
[c] Other facilities related to the seasonal camping activities
authorized above.
(b) (Reserved}
3. Editor's Note: Former Subsection B(5)(b), regarding exterior design, specifications and plans, as amended, was
repealed 5-7-2012 by L.L.No.5-2012.
Y�
271:4.1 10-01 -2015
§ 271-10 ZONING: SPECIAL LAND USE DISTRICTS § 271-10
staff to cant' out its educational objectives. The following are included as educational
institutions:
(1) A college or university chartered by the State of New York.
(2) A college or university or postgraduate institution providing a recognized course of
study and accredited by a recognized accrediting organization.
(3) A public school operated by a state-recognized Board of Education.
(4) A private school having received appropriate approval from the Board of Regents
or Department of Education of the State of New York to operate as a school.
OWNED — Property is 'owned" by the person(s) or entity(ies)holding the fee title to at
least a 51% interest in the property, except that if the property is leased under a written,
bona fide, recorded lease for a term of more than 35 years, the property shall be deemed
"owned" by the person(s) or entity(ies) holding at least a 51% interest as tenant in such
lease. If a requirement for a permitted use in this Special Land Use District is ownership
by an educational institution, at least 51% of the interest in the property must be held by
such institution to qualify (i.e., the educational institution must "own" the property).
SITE—
(1) A site shall be initially the area of land designated by the applicant to be allocated
to a proposed project (or, in the case of existing structures, to the existing project
or structure). If the applicant desires: i) after having previously obtained site plan
and/or special approval to: a) decrease or reconfigure such site; or b) add one or
more structures to such site; or ii) to add one or more structures to an area
presently in existence for which no site plan or special approval has been
heretofore obtained, the applicant may apply for a modification to the previous site
plan and/or special approval and may, at the applicant's discretion, request that the
site previously approved be reconfigured, enlarged, or reduced in size so that the
proposed modified site with any proposed additional structures would be in
compliance with the performance standards and other requirements set forth above
or elsewhere in this section. The criteria applicable to the review of initial site plan
and or special approval applications shall be equally applicable to the application
for a modification of a site plan or site. However, in reconfiguring, enlarging or
reducing the area of a site, no piece of land shall be designated as part of more
than one site (i.e., no piece of land may be counted for compliance purposes for
two sites).
(2) Notwithstanding the foregoing, no site shall exceed 30 acres in size, nor shall any
site include any land within a Natural Area.
N. Amendment of Zoning Map. The Official Zoning Map of the Town of Ithaca is hereby
amended by adding this Special Land Use District in the area described above.
O. Invalidity of portion of local law. In the event that any portion of this section is declared
invalid by a court of competent jurisdiction, the validity of the remaining portions shall
not be affected by such declaration of invalidity.
271:57 10-01 -2015
§ 271-10 ITHACA CODE § 271-11
P. Effective date. This section shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State, whichever is later.
§ 271-11. Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior
Living). [Adopted 6-8-1998 by L.L. No. 6-1998; amended 8-10-2015 by L.L. No. 5-20151
A. On June 8, 1998, by Local Law No. 6-1998, the Ithaca Town Board established Special
Land Use District No. 10 (Limited Mixed Use, Sterling House/Sterling Cottage), now
referred to as Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior
Living). Town of Ithaca Code § 270-6, titled "Enumeration of zones," includes Planned
Development Zone No. 10 on the list of zoning districts.
B. The definitions in § 270-5 of the Town of Ithaca Code shall apply to all of the terms in
this section except as otherwise specifically stated in this section.
C. Permitted principal uses. The following buildings or uses are permitted as of right in
Planned Development Zone No. 10:
(1) Three multiple-family dwellings as follows:
(a) One multiple-family dwelling consisting of no more than 46 resident units
with associated bath facilities which shall house no more than 53 beds,
aggregated with central dining, kitchen, activity, administration, and
maintenance areas, and other related community service space.
(b) A second multiple-family dwelling consisting of no more than 32 resident
units with associated bath facilities which shall house no more than 36 beds,
aggregated with central dining, kitchen, activity, administration, and —1
maintenance areas, and other related community service space.
(c) A third multiple-family dwelling consisting of no more than 32 resident units
with associated bath facilities which shall house no more than 36 beds,
aggregated with central dining, kitchen, activity, administration, and
maintenance areas, and other related community service space.
(2) Any municipal or public utility purpose necessary to the maintenance of utility
services, and any private utility purpose necessary to the maintenance of utility
services primarily serving structures within Planned Development Zone No. 10.
D. Permitted accessory buildings and uses. The following accessory buildings or uses are
permitted as of right in Planned Development Zone No. 10:
(1) Solar collectors, subject to the provisions of § 270-219.1 of the Town of Ithaca
Code.
(2) Accessory buildings such as storage sheds and gazebos, clearly ancillary and
related to the operations in Planned Development Zone No. 10 and subject to all
other provisions of this section.
(3) Signs, as regulated by Chapter 221, Signs, of the Town of Ithaca Code. In addition
to the provisions that apply to all signs, the specific provisions applicable to signs
271:58 10-01 -2015
§ 271-11 ZONING: SPECIAL LAND USE DISTRICTS § 271-11
located in the Medium Density Residential Zone shall apply to signs located in
Planned Development Zone No. 10.
(4) Off-street garage or parking spaces for the occupants, users, visitors and employees
in connection with the uses specified above, but subject to the other provisions of
this section.
(5) Common recreational areas including walkways, sitting areas, courtyards, parks,
community gardens, and other similar outdoor recreational facilities.
E. Any use in this district shall be governed by all of the requirements, including side yards,
setbacks, building coverage, building height, and similar requirements, applicable to the
Medium Density Residential Zone, except as the same may be specifically modified by
the terms of this section.
F. Consistent with the requirements and restrictions imposed by the Town of Ithaca Code,
the area rezoned to PIanned Development Zone No. 10 shall be subject to the following
conditions:
(1) Subject to Subsection G below, the exterior design, specifications, and plans for all
buildings and design, specifications, and plans for all other improvements to be
constructed on the premises and all the development of the grounds and
construction of all outside facilities, including lighting and signs, shall have been
shown on a final site plan and design drawings approved by the Planning Board,
and any construction thereafter shall be in accordance with said site plan and
drawings as finally approved. In determining whether or not to approve the site
' plan, the Planning Board shall employ the same considerations it would employ in
approving the site plan pursuant to Article XXIH and § 270-188 of the Town of
Ithaca Code.
(2) Permits shall be required for any construction, including construction of signs and
outdoor lighting facilities.
(3) Any construction for which a permit is granted shall comply with this section and
all other applicable laws, codes, ordinances, rules and regulations.
(4) Planned Development Zone No. 10 shall not be subdivided into more than two
parcels. Any subdivision of the area so rezoned shall be accomplished in
compliance with all applicable subdivision regulations, ordinances, rules, and
statutes.
(5) The resident units in this Planned Development Zone No. 10 shall be occupied by
adult persons requiring assisted living services or adult persons suffering from
dementia, Alzheimer's disease, or other similar disabling conditions.
(6) The operation of the facilities in this Planned Development Zone shall comply with
all applicable federal, state, county, and local statutes, rules and regulations related
to the operation of facilities providing assisted living services and/or care for
persons afflicted by dementia and like conditions.
271:59 10-01 -2015
§ 271-11 ITHACA CODE § 271-11
(7) There shall be provided at least two parking spaces for every three resident units,
except that the Planning Board may reduce the required number of spaces by no E
more than 25% in accordance with the criteria set forth in § 270-227A(2) of the
Town of Ithaca Code. If the Planning Board permits such a reduction, the PIanning
Board may impose such reasonable conditions, including the conditions set forth in
§ 270-227A(3). The Planning Board may also reduce the standard size of a parking
space pursuant to the provisions in § 270-227A(4).
G. Modification of final site plan. Any change in the site plan as finally approved by the
Town Planning Board shall not be made, and building permits for such changes shall not
be issued, until an application for a modification of site plan is provided to and approved
by the Town Planning Board pursuant to § 270-191 of the Town of Ithaca Code. Site
plan modifications are not required for those items listed in § 270-191 of the Town of
Ithaca Code as not requiring Planning Board approval of a site plan modification.
H. The area encompassed by Planned Development Zone No. 10 is described on Schedule A
to this section. The Official Zoning Map of the Town of Ithaca has been amended by
adding such zone at the location described.
I. Expiration of site plan approval. Expiration of site plan approval is regulated pursuant to
Town of Ithaca Code § 270-194C.
J. Any violations of the terms of this section shall constitute a violation of the Town of
Ithaca Zoning chapter and shall be punishable as set forth in said chapter and in § 268 of
the Town Law of the State of New York. Each week's continued violation shall
constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself m
and its agencies all remedies and rights to enforce the provisions of this section,
including, without limitation, actions for any injunction or other equitable remedy, or
action and damages, in the event the owner of the parcels covered by this section fails to
comply with any of the provisions hereof.
Schedule A
DESCRIPTION OF PROPERTY REZONED TO PLANNED DEVELOPMENT
ZONE NO. lA
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situated in the Town of
Ithaca, County of Tompkins, and State of New York, more particularly bounded and
described as follows:
271:60 10-01 -2015
§ 271-11 ZONING: SPECIAL LAND USE DISTRICTS § 271-12
BEGINNING at a point at the intersection of the southwesterly line of Trumansburg
Road New York State Route 96 with the southerly line of Bundy Road; thence north
82 degrees 22 minutes 0 seconds west along the southerly line of Bundy Road 238.05
feet to a point; thence south 7 degrees 59 minutes 28 seconds west 337.41 feet to a
point; thence south 37 degrees 0 minutes 32 seconds east 247.49 feet to a point;
thence continuing in the same direction an additional distance of 141.85 feet to a
point; thence south 82 degrees 0 minutes 32 seconds east 329.03 feet to a point;
thence north 50 degrees 32 minutes 53 seconds east 315.55 feet to the southwesterly
line of Trumansburg Road, New York State Route 96; thence north 40 degrees 29
minutes 44 seconds west along the southwesterly line of Route 96 369.21 feet to a
point; thence north 34 degrees 44 minutes 6 seconds west along the southwesterly line
of Route 96 a distance of 169.41 feet to a point or place of beginning.
Said premises are shown as "Proposed Parcel A" and "Proposed Parcel B" on a map
entitled "Preliminary Subdivision Plat" made by T. G. Miller, P. C. Engineers and
Surveyors, dated 3/9/1998 on Sheet SK-2, a copy of which map is on file in the Town
of Ithaca Planning Department.
§ 271-12. Special Land Use District No. 11 (Limited Mixed Use, Cornell Chilled Water
Planet). [Adopted 6-8-1998 by L.L. No. 7-19981
WHEREAS, Cornell University has plans to replace the outdated, energy-intensive,
electric-powered chillers that now provide central cooling for Cornell University through a
project known as Lake Source Cooling; and
WHEREAS, Cornell University is proposing to pump the naturally cold Cayuga Lake water
from a depth of approximately 250 feet, transferring some of its chill to campus water piped
from the campus to heat exchangers to be located in with a Chilled Water Plant at 983 East
Shore Drive in the Town of Ithaca, which Chilled Water Plant will utilize water from
Cayuga Lake to chilled water that is piped to the campus to cool University laboratories and
other buildings; and
WHEREAS, Cornell University has represented that the Lake Source Cooling Project will
provide significant environmental benefits by reducing energy use needed for central
cooling by 80%; and
WHEREAS, the plans for Lake Source Cooling are solely for educational purposes and to
further the education mission of the University; and
WHEREAS, in order to assess the short and long term environmental and other effects of
the Lake Source Cooling Project, the University prepared a Draft Environmental Impact
Statement, from which the New York State Department of Environmental Conservation in
accordance with applicable law and regulation prepared and issued a Final Environmental
Impact Statement (FEIS) taking into account the concerns and comments expressed by the
public; and
WHEREAS, the Town, Cornell University, and many residents of the Town have
participated in the analysis of the proposed project and the drafting of the FEIS; and
271:61 10-o1 -x015
§ 271-12 ITHACA CODE § 271-12
WHEREAS, the Town's Planning Board and Town Board have issued findings relating to
the proposed project and the FEIS which, among other matters, set forth steps to mitigate, in
part, some of the potential effects of the proposed project; and ,_..
WHEREAS, the Lake Source Cooling Project's Chilled Water Plant is proposed to be
constructed at 983 East Shore Drive to house the heat exchangers, pumps, and other
equipment necessary to transfer heat from the campus chilled water system to the lake
water; and
WHEREAS, it has been concluded that a rezoning of the site of the Chilled Water Plant
from Business E to a Special Land Use District would provide the most flexibility for the
University to implement the Lake Source Cooling Project, while preserving to the Town the
ability to continue to regulate the proposed development of the Chilled Water PIant site to
assure compliance with the Town's overall Comprehensive Plan and environmental
requirements.
NOW, THEREFORE, in view of the recitals set forth above, the information and materials
contained in the FEIS, and related findings in furtherance of the Town's Comprehensive
Plan, and upon the request of Cornell University, the Zoning Ordinance of the Town of
Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently
amended, be further amended as follows:
271:62 10-01-2015
§ DL-1 DisposaiON LJST § DI--1
Local Adoption
Law No�. Date Subject Disposition
1-2014 2-10-2014 Zoning: special land use districts Ch. 271
amendment
2-2014 5-12-2014 C'ode of 1"Ahics amendment C_"1z, 32
3-2014 5-12-2014 Building construction and fire Ch, 125
prevention amendirient
4-2014 5-12-2014 Flood damage prevention 1), 157
amendment
5-2014 5-12-2014 Sprinkler systerns arnendinent Ch, 225
0-2014 5-12-2014 Stormwaler sewer systern and Ch. 227
surface waters protection
arricridnient
7-2014 5-12-21114 Storinwater management and Ch. 228
erosion and sediment control
amendment
8-2014 5-12-2014 Water rates amendment Ch. 261
9-2014 5-12-2014 Zoning amendnient Ch 270
10-2014 5-12-2014 Zoning; special land use districts C 11, 271
amendment
11-2014 5-12-2014 Zoning: special land use districts C"h" 271
amendment
12-2014 6-9-2014 Zoning amendi-nent Chl 270
13-2014 7-14-2014 Tax levy hinit override 2015 N CM
14-2014 8-11-2014 Eastwood C01111TIOns development NCM
amendment
15-2014 8-25-2014 Vehicles and traffic amendment Cli. 250
16-2014 10-2t1-2014 Subdivision of"land amendment (11 1 h, 234
17-2014 12-8-2014 Tax levy linin override 2015 N CM
repe,-der
1-2015 1-9-2015 Monetary, gift to support Cass N( N4
Park and Stewart Park
2-2015 4-13-2015 Zoning: special land use districts Cli. 271
amendment
3-2015 5-11-2015 Streets and sidewalks: Ch, 230, Art. 11,- Ch. 234;
construction and repair of 270
sidewalks amendment;
subdivision of land amendnient,
zoning aniendt-nent
4-2(':115 7-13-2015 Tax levy Innit override 2016 NCIN1
0:71..:7 10-01 -20115
§ DL-I ITHACA CODE § DL-1
Local Adoption
Law No. Date Subject Disposition
5-2015 8-10-2015 Zoning amendment; zoning: Ch. 270; Ch. 271
special land use districts
amendment
}
1
DL:8 10-01-2015